HomeMy WebLinkAbout92-05 RESOLUTION•
RESOLUTION NO. 9 2- 0 5
a
A RESOLUTION TO APPROVE A CONTRACT WITH JIMMY PATTON
CONTRACTOR COMPANY IN THE AMOUNT OF $688,137.95 PLUS
A PROJECT CONTINGENCY FUND OF $74,615.00 FOR THE
DEMOLITION OF THE MOUNTAIN INN BUILDING, COURTS
BUILDING, FORMER NIBLOCK LAW OFFICE AND RED BIRD
CAFE AS PART OF THE PROJECT PLAN FOR THE HIGHWAY 71
EAST SQUARE REDEVELOPMENT DISTRICT; AND $27,155.00 FOR
LAB TESTING, WATER, SEWER, AND UTILITY WORK
WHEREAS, on April 25, 2005, bids were opened for the demolition of the blighted
Mountain Inn, Courts Building, former Niblock Law Office, and vacant Red Bird Cafe; and
WHEREAS, Jimmy Patton Contractor Company was the qualified low bidder for this
demolition and should be awarded the contract based upon its bid of $688,137.95.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards and
approves the contract with Jimmy Patton Contractor Company in the amount of $688,137.95 plus
a project contingency fund of $74,615.00 (attached as Exhibit A) for the demolition and/or
gutting of the blighted Mountain Inn and Courts Building and the demolition of the former
Niblock Law Office and vacant Red Bird Cafe and authorizes Mayor Coody to sign this contract.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the expenditures of up to $27,155.00 for lab testing, work to be done by the Fayetteville Water
and Sewer Division and other utility work to keep existing businesses, Hoffbrau, Taste of Thai
and Petra Cafe operating during demolition.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
all above expenditures to be paid by proceeds of the bonds for the Highway 71 East Square
Redevelopment District No. 1 as Project Plan expenditures.
PASSED and APPROVED this 3rd day of May, 2005.
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:FAYETTEVILLE:
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-,ys.9,QkANSP. JZ?
ATTEST;
By:
SONDRA SMITH, City Clerk
APPROVED:
DAN COODY, Mayor
•4(
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NOTICE OF SELECTION
TO: JIMMY A. PATTON CONTRACTORS
PROJECT DESCRIPTION: Highway 71 East Square Redevelopment District #
1
The OWNER has considered the BID submitted by you for the above described WORK
in response to its Advertisement for Bids dated April 11 & April 18 , 2005 and Instructions
to Bidders.
You are hereby notified that your BID has been accepted
You are required by the Instructions to Bidders to execute the Contract and furnish six
(6) original CONTRACTORFIS Performance BOND, Payment BOND, and Certificates Of
Insurance within twelve (12) calendar days from the date of this Notice to you.
If you fail to execute said Contract and to furnish said BONDS within twelve (12) days
from the date of this Notice, said OWNER will be entitled to consider all your rights arising of
your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF SELECTION to
the OWNER.
Dated this hci day of May , 2005.
FAYETTEVILLE
SELECTION is hereby acknowledged
by Jimmy A. Patton Contractor, Inc.
this the 2
By
J'Ty A
Titl esident
day of
By:
Title:
CITY OF
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF
,2005
• •
Section 00500
AGREEMENT
BETWEEN CITY OF
FAYETTEVILLE AND CONTRACTOR JIMMY A. PATTON CONTRACTOR, INC.
THIS AGREEMENT is dated as of the 31E1 day of May in the
year 2005 by and between the City of Fayetteville, Arkansas, and Jimmy A. Patton Contractors
(hereinafter called CONTRACTOR).
CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The work generally consists of the remediation of hazardous materials/asbestos abatement and
the demolition of the Red Bird Building, located at 16 E. Mountain; the Courts Building, located
at 41 E. Center Street; the Former Niblock Law Firm, located at 20 E. Mountain; the Mountain
Inn and associated parking garage, located at 21 S. College Avenue; and the Arcade Building,
located at 39 E. Center Street. The Arcade Building is to undergo interior demolition only. The
exterior walls and flooring is to remain.
Article 2. OWNER'S REPRESENTATIVE
The Project has been designed by
Environmental Enterprise Group
220 North Knoxville
Russellville, Arkansas 72801
who is hereinafter called OWNER'S 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 Documents in connection
with completion of the Work in accordance with the Contract documents.
Article 3. CONTRACT TIME.
3.1. The Work shall begin May 15, 2005 and be completed by July 15, 2005 and ready
for final payment in accordance with paragraph 9.10 of the General Conditions.
3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR 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, plus and
extensions thereof allowed in accordance with paragraph 8.3 of the General Conditions. They
also recognize the delays, expense and difficulties involved in proving the actual loss suffered by
CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of
requiring any such proof, CITY Of FAYETTEVILLE and CONTRACTOR agree that as
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liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY OF
FAYETTEVILLE Seven Hundred and Fifty Dollars ($750.00) for each day that expires after
the time specified in paragraph 3.1 for Completion until the Work is complete.
Article 4. CONTRACT PRICE
CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in
accordance with the Contract Documents an amount in current funds equal to an amount
equal to the sum of the established lump sums for each separately identified item of
Lump Sum Work; and
Article 5. PAYMENT PROCEDURES
CONTRACTOR 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 CONTRACTOR'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 be 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 the
OWNER'S REPRESENTATIVE, 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 there, 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.
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
14.02.B.5 & 14.02.D of the General Conditions. That is, if any such
items are setup for that type payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total
payments to CONTRACTOR to 98 percent of the Contract Price (with the
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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.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR
makes the following representations:
6.1. CONTRACTOR 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. CONTRACTOR 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.
6.3. CONTRACTOR 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. CONTRACTOR 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 structures at or contiguous to the site
which have been identified in the Supplementary Conditions. CONTRACTOR accepts
the determination set forth in the Supplementary Conditions of the extent of the
"technical data" contained in such reports and drawings upon which CONTRACTOR is
entitled to rely on.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that CITY OF FAYETTEVILLE 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. CONTRACTOR 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 Underground 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, techniques, sequences, and procedures
of construction to the employed by CONTRACTOR and safety precautions and
programs incident thereto. CONTRACTOR 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 terms and conditions of the Contract
Documents.
6.5. CONTRACTOR 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.
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6.6. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the site, reports and drawings
identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
6.7. CONTRACTOR has given OWNER'S REPRESENTATIVE written notice of all
conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has
discovered in the Contract Documents and the written resolution thereof by
OWNER'S REPRESENTATIVE is acceptable to CONTRACTOR and the
Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
6.8. Article 7. CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire agreement between CITY OF
FAYETTEVILLE and CONTRACTOR concerning the Work, consist of the following:
7.1. This Agreement (pages 1 to 8, inclusive).
7.2. Performance and Payment Bonds (Exhibits A and B respectively).
7.3. Certificates of Insurance (Exhibit C).
7.4. Documentation submitted by CONTRACTOR 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 thereof.
7.10. Any addenda.
7.11. One set of drawings (attached hereto).
Highway 71 East Square Redevelopment District #1
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.
Article 8. MISCELLANEOUS.
8.1. Terms 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
Documents will be binding on another party hereto without the written consent 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
Documents.
8.3. CITY OF FAYETTEVILLE and CONTRACTOR 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 Documents.
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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 that comes as close as possible expressing the intention 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 Act request is presented to the
CITY OF FAYETTEVILLE, CONTRACTOR will do everything possible to provide the
documents in a prompt and timely manner as prescribed in the Arkansas Freedom of
Information Act (A.C.A. §25-19-101 et. 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.
• •
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR 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 CONTRACTOR. All portions of the Contract Documents have been signed,
initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by
OWNER'S REPRESENTATIVE on their behalf.
This Agreement will be effective on May ard
Date of the Agreement).
OWNER: City of Fayetteville
By:
Attest 70n.i Sk ±k,
Secretary.
Address for giving notices
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
, 2005 (which is the Effective
CONTRACTOR. Jimmy A. Patton
ontractors
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ger
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[CORPORATE SE.Ai l SEAL °
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ie Lor allace
* If a Corporation, attest by the
Address for giving notices
11900 Arch Street Pike
Little Rock, Arkansas 72206
License No.
0006471005
Agent for service of process:
Jimmy A. Patton - President
11900 Arch Street Pike
Little Rock, Arkansas 72206
501 888 7700 501 888 4429 (fax)
(If CONTRACTOR is a corporation,
attach evidence of authority to sign)
•
• •
NOTICE OF SELECTION
TO: JIMMY A. PATTON CONTRACTORS
PROJECT DESCRIPTION: Highway 71 East Square Redevelopment District #
1
The OWNER has considered the BID submitted by you for the above described WORK
in response to its Advertisement for Bids dated April 11 & April 18 , 2005 and Instructions
to Bidders.
You are hereby notified that your BID has been accepted.
You are required by the Instructions to Bidders to execute the Contract and furnish six
(6) original CONTRACTOR®S Performance BOND, Payment BOND, and Certificates Of
Insurance within twelve (12) calendar days from the date of this Notice to you.
If you fail to execute said Contract and to furnish said BONDS within twelve (12) days
from the date of this Notice, said OWNER will be entitled to consider all your rights arising of
your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF SELECTION to
the OWNER.
Dated this 314 day of May
SELECTION is hereby acknowledged
by
, 2005.
FAYETTEVILLE
Jimmy A. Patton Contractor, Inc.
By:
Title:
CITY OF
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF
,2005
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SECRETARY41.
OF STATE
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Char e lets'
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SECRETARY OF STATE
To All to Whom These Presents Shall Come, Greetings:
I, Charlie Daniels, Secretary of State of Arkansas, do hereby certify that the
following and hereto attached instrument of writing is a true and perfect copy of
Articles of Amendment
of
JIMMY A. PATTON CONTRACTOR, INC.
filed in this office
January 18, 2005
In Testimony Whereof, I have hereunto set my
hand and affixed my official Seal. Done at my
office in the City of Little Rock, this 18th day of
January 2005.
Q9 Gj2.t�tom. _S
Secretary of State
•
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loeument Number: 3097490002
Arkansas Secretaryarm A. PATTON CONTRACTOR, IN
Charlie Daniels
IRTICLES OF AMENDMENT
State Capitol • Little B
501-682-3409 • N'ILED:01/18/05, Wages :3
Arkansas Secretary of State
Business Services Division
Certificate of Amendment
JIMMY A. PATTON CONTRACTOR, INC.
a corporation duly organized,
created and existing under and by virtue of the laws of the State of Arkansas, by its President and its Secretary.
DOES HEREBY CERTIFY
A. The name of the corporation is -
JIMMY A. PATTON CONTRACTOR, INC.
B. The attached amendment was adopted on
July 23, 2004
C. That the number of shares outstanding is 1000 @ no par value
by the shareholders.
and the number of shares entitled to
vote thereon is 1000 (100%). The number of shares voted for is nig The number of shares
which voted against is n/a . (If the shares are entitled to vote thereon as a class, the designation and
number of outstanding shares entitled to vote thereon of each such class, and the number of shares of each
class which voted for and against are required.)
D. If the amendment provides for an exchange, reclassification, or cancellation of issued shares shall be effected
as follows (if stated in attached amendment, do not restate):
No shares were exchanged, reclassified or canceled. No shares were effected.
Officers were reassigned and elected (new).
E. If the amendment effects a change in the amount of stated capital, then state the manner in which the same
is effected and state the amount of the stated capital changed by the amendment in dollars and cents.
r/cz.
FEE: $50.00 130-01 REV. 2/03
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IN WITNESS WHEREOF, the said corporation Jin -7/79 /-f•Pct_l ( �I }-0 C -t6 � Inc -
has caused its corporate name to be subscribed by its President, who hereby verifies that the statements contained in the
foregoing Certificate of Amendent are true and correct to the best of his / her knowledge and duly attested by its Secretary,
on this /01# COM- day of, L JGLhua /Z1 oZ 00S—.
Corporate Seal /
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ATTEST:
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Corporate Name
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Instructions: File at least one original certificate with original signatures, with the Secretary of State, State
Capitol, Little Rock, AR 72201-1094 with payment of fees. A copy will be returned to the corporation at the list-
ed address, and must be filed in the office of the county clerk in which the corporation's office is located, (in
other than Pulaski County) within 60 days after the date of filing with the Secretary of State.
Filing Fee: $50.00
•
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Jimmy A. Patton Contractor Inc.
11900 Arch Street Pike
Little Rock, Arkansas 72206
(501) 888-7700
Fax (501) 888-4429
July 23, 2004
Arkansas Secretary of States Office
Business Services Division
State Capitol Building
Little Rock, AR 72201
RE: Change in Officer of Jimmy A. Patton Contractor, Inc.
Please update the following corporation information into your system for Jimmy A.
Patton Contractor, Inc.
The officers of record as of July 23, 2004 are as follows:
Jimmy A. Patton President
Jim Head Vice President
Jimmie Lou Wallace Secretary/Treasurer
If you have any questions please call my office at 501-888-7700.
sou,
y A. Patt
mmy A. Patt
ntractor, Inc.
resident
(SEAL)
Notary: r ( UAL:: (/ Date:[
County of WA A_SI State of \ 1-4‘494.1�1OS
My commission expires: R- ati- I D
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THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # S333842
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or otner party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jimmy A. Patton Contractor, Inc.
11900 Arch Street Pike
Little Rock, Arkansas 72206
OWNER (Name and Address):
City of Fayetteville, Arkansas
113 W. Mountain Street
Fayetteville, Arkansas 72701
CONSTRUCTION CONTRACT
Date: T,
Amount: six HIJNDREIyIf� Td!
Description (Name andska
.•
:Q
Date (Not earlier than
Amount: SIX HUNDRED k1
Modifications to this Bo%
CONTRACTOR AS PRINCIPA\
Company:
Jimmy A. Pa
BOND
�yf Hazardous Materials/Asbestos Abatement and Demolition for
( 4,st Square Redevelopment District #1
(1ji`IIIJNDREt) 1IIIRTY-SEVEN AND 95/100THS Dollars ($688,137.95)
•
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
ONE IIIJNURED THIRTY-SEVEN AND 95/100THS Dollars (5688,137.95)
Signature
Name an
tractor, Inc. AL
'`'/ i
d44 /// 41� til j/dr
Preeke
(Any a•'?ional signatures appear on page 3)
None 0 See Page 3
SURETY
Company: (Corporate Seal)
loyers Mutual Casualty Company
Signature � Su-a_R
Name and Title:
Carla Sue Hollis
Attorney -In -Fact
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER:
Ramsey, Krug, Farrell & Lensing
P.O. Box 251510
Little Rock, AR 72225
(501) 664-7705
OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Environmental Enterprise Group
220 North Knoxville
Russellville, AR 72801
AIA DOCUMENT A312 • PERFORMANCE BOND ANO PAYMENT BOND • DECEMBER 1984 ED. • AIA .t
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
r'nnrr.c, .372 I1 D.R71
A312-1984 1
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner s considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to he
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. Sucn Contractor Default shall not he de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
33 The Owner nas agreed to pay the Balance of the
Contract Price to the Surely 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 kids 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 he pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to he 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 descrihed 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 right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, 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 anv
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 he
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 Contractor's Default, arid 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 Iwo years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law. the minimum period of limitation avail -
AIA DOCUMENT A312 • P[RFOg.MAN'CE BOND AND P.AY.MENI BOND • DECEMBER 1984 ED. • AIA s
THE AMERICAN INSTITUTE OF ARCHITCCTS. 1735 NOV YORK AVE.. N.‘ . WASHINGION. D.C. 2000
THIRD PRINTING • MARCH 1987
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the 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 of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
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 appea
CONTRACTOR AS PRINCIPAL.
Company: e v (Corporate Seal)
Signature:
Name an
Address.
SURETY
Comping
ng on the cover page.)
(Corporate Seal)
Signature:
Name and Title:
Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA A,
THE AMERICAN INSTITUTE OF ARCHITECTS, 123S NEW YORK AVI . N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 3
• •
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # S333842
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):
Jimmy A. Patton Contractor, Inc.
11900 Arch Street Pike
Little Rock, Arkansas 72206
OWNER (Name and Address):
City of Fayetteville, Arkansas
113 W. Mountain Street
Fayetteville, Arkansas 72701
CONSTRUCTION CONTRACT_
Date: , •• ,
Amount: SIX IIl*1NDRED Elclf 1,11ki 4 ,. .
Description (Name and Loco• P
BOND
Date (Not earlier than Cop
Amount: SIX HUNDRED EICS
Modifications to this Bond
•_
fYefiioffi
Hshwa 3
r•
cSEAL)
1GHT TH$USAND (
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
HUNDRED TIItRTY-SES EN AND 95/100THS Dollars (5688,137.95)
fjlazardous Materials/Asbestos Abatement and Demolition for
:sipSquare Redevelopment District#1
O;
tel::
GJNUREII THIRTY-SEVEN AND 95/1001'HS Dollars ( 5688,137.95 )
-O: B None O See Page 6
CONTRACTOR AS PRINCIPAL Sip
4Z0111%10 'i1Cgls'.••��
Company: (!m1 . •'� 4 I)
Jimmy A. P• on Co tractor, Inc. ���/
0
Signature- •- i . /ice/
Name an
•
(Any adtional signatures appear on page 6)
SURETY
Company: (Corporate Seal)
mployers Mutual Casualty Company
.B->
Signature
Name and Title: Carla Sue Hollis
Attornev-In-Fact
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Ramsey, Krug, Farrell & Lensing other party):
P.O. Box 251510 Environmental Enterprise Group
Little Rock, AR 72225 220 North Knoxville
(501) 664-7705 Russellville, AR 72801
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA e
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1987
Contract 373 t 12.87)
A312-1984 4
•
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor.
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall he
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 address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the 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 front 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 tc 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
I3ond 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 suffi-
cient compliance.
•
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the 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 I3ond 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 • PEREOR.MANCE BOND AND PAYMENT BOND • Of EMBER 1984 ED. • AIA?
THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVE . NW . WASHINCTON. D.C. 20001r
THIRD PRINTING • MARCH 1987
A312-1984 5
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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 Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature 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 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 PRINCIPAL
Company:
SURETY
(Corporate Seal) Company:
(Corporate Seal)
Signature: Signature
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. 20086
THIRD PRINTING • MARCH 1987
A312-1984 6
/E MCInsurance Compares No. 623128
P.O. Box 712 • Des Moines, IA 50303-0712
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property IL Casualty Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an Ohio Corporation
4. ; Illinois EMCASCO Insurance Company, an Iowa Corporation
hereinafter referred to severely as'Company' and collectively as 'Companies", each does, by these presents, make, constitute and appoint
TIMOTHY P. FARRELL`CAROLYN HUNTER, MICHAEL D. HALTER, TRACI HANKINS, KEVIN BRUICK, RANDY IRVIN,
ALFRED L. WILLIAMS, CARLA SUE HOLLIS, CHARLES M. ALLEN, G. ROBERT SMITH, DALE E. TEMPLE, INDIVIDUALLY,
LITTLEROCK, ARKANSAS..............................................................................................................................................................................I
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute is lawful bonds, undertakings, and other obligatory instruments of a
similar nature as follows:
IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS........................................................................... .......... {$1/),000,000.00)
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duty authorized officers of each such Company, and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
April 1, 2008
The authority hereby granted shall expire unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attomey ismade and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a
regularly scheduled meeting of each company duty called and held in 1999:
RESOLVED; The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shelf have power
and authority to((1) appoint afomeysoin-fad and authorize them to execute on behalf of each Company and attach the seat of the Company thereto, bonds and
undertakings, recogn¢ances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke
the power and authority given to him or her. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
Certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed
IN MESS WHEREOF, the Gies have caused thesents to be signed for each by their officers as shown, and the Corporate seats to be hereto affixed this
day of �Y
Seals
,\\ \.•,• Bruce G. Kelley, Chairman y S. Birdsley
..`� INSUg4%. ,d`�tlGE CO
of Companies 2, 3, 4, 5 & 6; Vresident Assistant Secretary
WJ.`OPrOP,I', te. .-=:2`OPPO,` 'y pP &'O"°4A'.%
of Cortgany 1; Vice Chairman and
= ` SEAL 2 1863 m ; 1953 a. - CEO of Company 7
,.``Msoover .``Pd15UBAA,'a,, �```p.UTUA( ''•.
=1no�, `oPoCO :pI11F0 aWQS"PY Oq<,ZA
-o ...i 4C ?>%'i
SEAL ; 63 SEAL fah s ,'-, SEAL -'
,ji-
yo1� =o.
•''9 IS..
,
OWP,,,." I''IlipnP4� B , OES t'' I 01.11
T
RUTH KRUMINS
Commission Number 176255
11 Comm. Exp. surf. ]0.2006
On tai 7th day m January AD 2005 before me a
Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S.
Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the
Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of
each of The Companies above; that the seals affixed to this instrument are the seals of said
corporations; that said instrument was signed and sealed on behalf of each of the Companies
by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and
Jeffrey S. Birdsley, as such officers, acknowledge the execution of said instrument. to be the
voluntary act and deed of each of the Companies.
My Commission Expires September 30, 2006..
Notary Public in and for the State of Iowa
CERTIFICATE
I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the
Compa January 27, 2005
onbehalf of
aria tore end correct and are still in full force and effect. Carla Sue Hollis, Charles M. Allen, G. Robert Smith, Dale E. Temple
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this — day of
i
Vice -President
TM ACORDCERTIFICArtOF LIABILITY IN RANG 05103f2005
PRODUCER Roy N. Borden Agency, Inc
300 S.Rodnev Parham #16
P.O. Box 55188
Little Rock AR 72215-5188
(501)225-6465
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, ExTENDTEND OR
ALTER THECaVERAGEAFFORDEDBYTHE POLICIESBELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER irst Spetiality_Ins.urance CQ(In.sur
Jimmy Patton Contractor, Inc.
11900 Arch Street Pike
Little Rock AR 722O6-OOOO
INSURER a
INSURER cPROGRESSIVE INSURANC
INSURER D:
INSURER E:
COVERAGES
TI -E FOLICESCF N9JRANCEUSTEDBaOWHAVEBIEN ISSUEDTOTFEINSUFED NAIvEDPBDVE FORTFEPCJ JCY I U. O)INBCATED. NOTWITHSTANDING
PNYREOUIFEMENT TERM CR CONDMON CF ANY CONTRACTOR On -ER DOCIJMENTWITH RESPECTTO WHCH THE CERTIRCATEMAYBEISSUEDOR
MAY I- LRTPIN,TH=PSSI.AWCEAFFCRIHDBYTHEPOLICESDESCRBEDFERr7NISS.EEC TOALL 11-F1BRN S, EXCLUSIONSMDCDNDITICNSOFSUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
OD L rc OF INgtIpANr.p I
POLICY NUMBER
UMRS
A
A
GENERAL LIABILITY
�( COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
FGL2O9OO14243OO
04/16/2005
04/16/2006
EACH OCCURRENCE
AMAG ETO-RENTED
IREMISES (Ea uar
MED EXP M one erso
$ 00 000
PERSONAL & ADV INJUR.
fl .0QO.,00
X BLAKCONTRACIUAL
GENERAL AGGREGATE
$2 000 00
G EN'L AGGREGATE LIMIT APPLI
POLICYYYXI P - ❑ LOC
S PER:
PRODUCTS-COMP/OP
P,OOID100
C
AUTOMOBILELIABILITY
ANY AUTO
02619627-0
O4/2O/2OO5
04/20/2006
COMBINED SINGLELIMIT$
(Ea accident)
1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILYINJURY RY
(Per person)
$
X
X
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per acadent)
$
PROPERTY DAMAGE
(Par accident)
$
GARAGE
ETA
ANYTO
OTHER THAN
AUTOONLY: AGd$
B
EXCESS/UMBRELLA LIABILITY
OCCUR ❑ CLAIMS MADE
EACH OCCURRENCE
$
AGGREGATE
$
DEDUCTIBLE
$
RETENTION $
$
D
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTI
OFFICER/MEMBER EXCLUDED?
E
A -I
S
EL. EACH ACCIDENT
$
EL. DISEASE - EA EMP
DS(EE
H EdLAescri O uSdONS
EL. DISEASE - POLICY LI
IT
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHIC LES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PRO VISIONS
PROGRESSIVE INSURANCE DOES NOT RECOGNIZE CERTIFICATES OF INSURANCE. WITH
RESPECT TO THE GENERAL LIABILITY THE CITY OF FAYETTEVILLE, CITY HALL, FAYETTEVILLE, AR
AND ENVIRONMENTAL ENTERPRISE GP INC, 220 NORTH KNOXVILLE, RUSSVILLE, AR IS ADDED AS
AN ADDITIONAL INSURED. XCU IS COVERED. JOB DEMOLITION OF BLDGS
CERTIFICATE HOLDER CANCELLATION
SOLD IWfOFTFEABWECESCRBEDPCLIDEi EECANL8A8)BBVIFTHEEXPRATOW
DATETHBREoF, THEISS'JJNGPS1J WLLKMr *�MAL 030 DOYSWRITTBN
CITY OF FAYETTEVILLE
NOTCETOTrECEir FICJ\TEHOLDERNnr�TOTHE LE=,, BUTFAwRETODOSOSHALL
CITY HALL
INPOSENOOBLIDATIQJ ORLIABLIIYOFANYwFDUPONTHEINX*tERTISAGHJTSOR
FAYETTEVILLE AR 72701-
REPRESENTATIVES.
AUTHORIZED REPRESENTATIV€;. . C:..
ACORD 25 (2001/08) U ACORD CORPORATION 1988
05/03/2005 13:07 5012253575 ROY BORDEN PAGE 02
CONDITIONS
This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance Is subject to the
terms, conditions and limitations of the pollcy(ies) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company
stating when canci Nation will be effective. This binder may be cancelled by the Company by notice to the
Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this
binder is not replaced by a policy, the Company ie entitled to charge a premium for the binder according to the
Rules and Ratiss in use by the Company.
Applicable in California
When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title
of the form is changed from "Insurance Binder" to "Cover Note".
Applicable in Delaware
The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real
property shall accept as evidence of insurance a written binder issued by an authorized insurer or Its agent if
the binder includes or is accompanied by; the name and address of the borrower; the name and address of the
lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled
within the term of the binder unless the lender and the insured borrower receive written notice of the cancel-
lation at least ten (10) days prior to the cancellatlorr except In the case of a renewal of a policy subsequent to
the dosing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of
insurance coverage.
Chapter 21 Title 25 Paragraph 2119
Applicable in Florida
Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the
duration d the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless
the binder is replaced by a policy or another binder in the same company.
Applicable in Nevada
Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is
required: (A) Shall e fined not more than $500.00, and (B) is liable to the party presenting the binder as proof
of Insurance for actual damages sustained therefrom.
ACORD 75 (2001101) ^�
05/03/05 TUB 13:11 [TX/RX NO 88801 i002
a
ACORDTh. INSURANCE BINDER
DATE
05/03/2005
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER PHONE
501)225-6465
-NW.Ex1ligency,
COMPANY BNDER#
FAX
..Nolte01-)225-357-5
FIRST SPECIALITY INS CO FOP209004158700
Roy N. Borden Inc
EFFECT VE E%RRATION
DATE TIME DATE TIME
300 S.Rodnev Parham #16
AM
12:01AM
P.O. Box 55188
05/03/2005
12:01
PM
06/03/2005iX1
NOON
Little Rock AR 72215-5188
THIS ENDER IS BSUED TO EXTEND COVERAGE IN THE ABO VE NAME# COMPANY
PER EXPIRING POLICY#:
CODE: 072
SUB CODE:
AGENCY
DESCRIPTION OF OPERATIONSNEHICLESIPROPERTY(hcUd gLoea0on)
OWNERS CONTRACTORS PROCTIVE POLICY(ocp)
INSURED337180
PROJECT DEMOLITION OF MT INN MOTEL, PARKING
CITY OF FAYETTEVILLE, AR
RED BIRD BLDG
CITY HALL
FAYETTE VILLE AR 72701
,
LAW FIRM BLDG CITY ADM BLDG. THIS DONE BY
JIMMY A PATTON CONTRACTOR.
rMICDAnC LIMITS
TYPE OF INSURANCE
COVERAGE/FORMS
DEDUCTIBLE
COINS%
AMOUNT
PROPERTY CAUSES OF LOSS
BASC BROAD I SPEC
N
•
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE Lx]CURRUSSELLVILLE,
OWNERS PROTECTIVE
NAMES ENVIRONMENTAL ENTERPIRSE GP, 220
NORTH KNOXVILLE,
AR AS AN ADDITIONAL INSURD
POLICY NUMBER IS FOP209004158700
RETRO DATE FOR CLANS MADE:
FAOHOCCURRENCE
RENTED P REMISES
$ '00T000-
S
MED EXP(Anyoneperson)
$
PERSONALBADVINJURY
$
_X
GENERAL AGGREGATE
S 2-O0-0o-O.0--
$
PRODUCTS- COMPAPAGG
AWTOMOBILELIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
$
BODILY NJURY(Per Person)
$
BODILY INJURY(Per accdert)
$
PROPERTY DAMAGE
$
MEDICAL PAYMENTS
$
PERSONAL INJURY PROT
$
UNINSURED MOTORIST
$
$
AUTO PHYSICAL DAMAGE DEDUCTIBLE
COLLISION:
OTHER THAN COL:
ALL VEHICLES II SCHEDULED VEHICLES
ACTUAL CASH VALUE
$
STATED AMOUNT
OTHER
GARAGE LIABILITY
ANY AUTO
AUTO ONLY- EA ACCIDENT
$
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
RETRO DATE FOR CLAIMS MADE:
EACH OCCURRENCE
$
AGGREGATE
$
SELF -INSURED RETENTION
$
WORKER'S COMPENSATION
AND
EMPLOYERS LIABILITY
WC STATUTORY LIMITS
E.L. EACH ACCIDENT
$
E.L. DISEASE- EA EMPLOYEE
$
E.L. DISEASE- POLICY LIMIT
$
SPECIAL
CONDITIONS/
OTHER
COVERAGES
FEES
$
TAXES
S
ESTIMATED TOTAL PREMIUM
S
& ADDRESS
MORTGAGEE I ADDITIONAL INSURED
LOAN#
AUTHORED REPRESENTATIVE
inv�..E.
@5/03/2005
09:25
5012253575
•
ROY BORDEN
PAGE 02
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subjectio the terms and conditions of the policy, certain polities may
require an encorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certilicate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insier(s), authorized representative orproducer, and the certificate holder, nor does it
affirmatively or negatively amend, extend orafterthe coverage afforded by the policies listed thereon.
05/03/05 TUE 09:30 [T%/R% NO 8878] 17002
1.2005 2:25:51 PM
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
DDUCER 501-664-7705 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Ramsey, Krug, Farrell & Lensing ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
8315 Cantrell, Suite 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 251 510
Little Rock, AR 72225 INSURERS AFFORDING COVERAGE
;URED INSURER A American Home Assurance
Jimmy A. Patton Contractor,
INSURER B
Inc.
INSURER C
1 1900 Arch Street Pike INSURER C)
Little Rock AR 72206I INSURERS
DATE IMM/DD/YYI
5/03/05
J V CflM%
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
R
R
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE I OCCUR
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
EACH OCCURRENCE
$
ARE DAMAGE (Any one fire)
S
MED EXP (Any one person)
5
PERSONAL & ADV INJURY
5
GENERAL AGGREGATE
$
PRODUCTS - COMP/OP AGO
$
GEN'L
AGGREGATE LIMIT APPLIES PER
POLICY JECT LOC
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOF
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
IEe accident)
BODILY INJURY
(Per person)
BODILY INJURY
IPar nuaadon I)
PROPERTY DAMAGE
(Per scc.danl)
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
AUTO ONLY. AGO
$
EXCESS LIABILITY
OCCUR II CLAIMS MADE
OEDIIC TIBLE
RETENTION S
EACH OCCURRENCE
S
AGGREGATE
6
S
S
$
A
WORKERS COMPENSATION AND
EMPLOYERSLIABILITY
WC9547249
1/01/05
1/01/06
X
WC STATU-
TORY IMITS
OTH-
R
EL EACH ACCIDENT
$ 1000000
EL DISEASE - EA EMPLOYEE
s 1000000
E.L. DISEASE - PCX.ICY LIMIT
S 1000000
OTHER
ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
REF: HIGHWAY 71 SQUARE RE -DEVELOPMENT DISTRICT #1
ERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER
THE CITY OF FAYETTEVILLE
ATTN: PEGGY VICE
1 13 W MOUNTAIN ST, ROOM 306
FAYETTEVILLE, AR 72704
I CORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
1-18 PA
O ACORD CORPORATION
05/03/05 TLIE 14:16 (TX/RX NO 88821 Q001
5/3/,2005 2:26:04 PM 2/2
IMPORTANT
If
the certificate
holder is
an ADDITIONAL INSURED, the policy(ies)
must be endorsed. A statement
on
this certificate
does not
confer rights to the certificate holder in lieu
of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side
of this form
does not constitute a contract
between
the issuing insurer(s), authorized
representative
or producer,
and the certificate holder, nor does it
affirmatively or negatively amend,
extend or alter
the coverage
afforded by the policies listed
thereon.
I CORD 25-S (7/97)
05/03/05 TUE 14:16 [TX/RX NO 88821 1JO02
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
DA�5103/05YI
PRODUCER 501-664-7705
Ramsey, Krug, Farrell & Lensing
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
8315 Cantrell, Suite 300
P.O. Box 251510
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Little Rock, AR 72225
INSURERS AFFORDING COVERAGE
INSURED
Jimmy A. Patton Contractor,
INSURER A: American Home Assurance
Inc.
INSURER B:
11900 Arch Street Pike
INSURER C:
Little Rock AR 72206
NSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDIYYI DATE MM DD YY LIMITS
GENERAL
LIABILITY
EACH OCCURRENCE
$
FIRE DAMAGE (Any one fire)
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L
AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGO
S
POLICY JECT LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
IEa accident)
S
BODILY INJURY
IPer person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
IPer accident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
IPer accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGO
EXCESS
LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
$
DEDUCTIBLE
S
RETENTION $
A
WORKERS COMPENSATION AND
EMPLOYERSLIABILITY
WC9547249
1/01/05
1/01/06
X
TORY LIMITS
0TH.
E.L. EACH ACCIDENT
$ 1000000
E.L. DISEASE - EA EMPLOYEE
a 1000000
E.L. DISEASE - POLICY LIMIT
S 1000000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
REF: HIGHWAY 71 SQUARE RE -DEVELOPMENT DISTRICT #1
CERTIFICATE HOLDER I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THE CITY OF FAYETTEVILLE DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
ATTN: PEGGY VICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
113 W MOUNTAIN ST, ROOM 306 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
FAYETTEVILLE, AR 72704 REPRESENTAT S fl
ACORD 25-S (7/97) 1- 18 PAT '69094054822 9 ACORD CORPORATION 1988
I
C1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side
of this form
does not
constitute a contract
between
the issuing
insurer(s), authorized
representative
or producer,
and the
certificate holder, nor
does it
affirmatively
or negatively amend,
extend or alter
the coverage afforded
by the policies listed
thereon.
NVWnu LJ-J \//u/1
•
FAYETTEVI#L,E
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDE
May 3, 2005 City Council Meeting
TO: Mayor Dan Coody and Fayetteville City Council
Jimmy Pa -t
THROUGH: Stephen Davis, Financial,anddhtemal Services Directo%�1�.
FROM: Coy Hurd, Project Manager
DATE: April 26, 2005
SUBJECT: A resolution approving a contract with the low bidder for the demolition of
the Mountain Inn and adjacent buildings.
Recommendation: Staff recommends the consideration of the acceptance of the low bid
for this demolition effort ($688,137.95) and the approval of a project contingency fund
($101,770).
Background: On April 25, the bid was opened for the demolition of The Mountain Inn
and adjacent buildings on the first block of West Center Street. The lone bid received
was from the Jimmy Patton Contractor Company of North Little Rock. Mr. Patton's bid
was $688,137.95.
Discussion: The Jimmy Patton Contactor Company has a substantial track record in
similar demolition projects that have been executed successfully. The bid price of
$688,138 is somewhat less than had been anticipated for this work.
Budget Impact: The amount of $887,000 has been set aside for the funding of all the
costs associated with the demolition of these structures. These funds reside in an existing
account (4490 9490 5805 00). There will be several types of costs to be paid from this
fund:
May 3 memo, page two
Known issues
Allowance for
unknowns (10%)
Total
$688,138
30,855
9, 755*
7,500*
9,900*
$746,148
74,615*
$820,763
demolition contract
contract for environmental testing and oversight (to EEG)
lab testing
work to be done by Water and Sewer Division
utility work to be done to keep three businesses
operating during demolition (Hofibrau, Taste of Thai,
Petra Cafe)
* project contingency fund: $101,770
S
RESOLUTION NO.
A RESOLUTION TO APPROVE A CONTRACT WITH
JIMMY PATTON CONTRACTOR COMPANY IN THE
AMOUNT OF $ 688,137.95 FOR THE DEMOLITION OF
THE MOUNTAIN INN BUILDING, COURTS BUILDING,
FORMER NIBLOCK LAW OFFICE AND RED BIRD CAFE
AS PART OF THE PROJECT PLAN FOR THE HIGHWAY
71 EAST SQUARE REDEVELOPMENT DISTRICT
WHEREAS, on April 25, 2005, bids were opened for the demolition of the
blighted Mountain Inn, Courts Building, former Niblock Law Office, and vacant Red
Bird Cafe; and
WHEREAS, Jimmy Patton Contractor Company was the qualified low bidder for
this demolition and should be awarded the contract based upon its bid of $688,137.95.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
awards and approves the contract with Jimmy Patton Contractor Company in the amount
of $688,137.95 (attached as Exhibit A) for the demolition and/or gutting of the blighted
Mountain Inn and Courts Building and the demolition of the former Niblock Law Office
and vacant Red Bird Cafe and authorizes Mayor Coody to sign this contract.
PASSED and APPROVED this 3rd day of May, 2005.
APPROVED:
09gt
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
FAYETTEVII!LE
•
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
May 3, 2005 City Council Meeting
TO: Mayor Dan Coody and Fayetteville City Council
THROUGH: Stephen Davis, Financial and Internal Services Director
FROM: Coy Hurd, Project Manager
DATE: April 11, 2005
SUBJECT: A resolution approving a contract with the low bidder for the demolition of
the Mountain Inn and adjacent buildings.
Recommendation: Staff recommends the consideration of the acceptance of the low bid
for this demolition effort.
Background: The date of April 25 has been set for the opening of the bids for the
demolition of the Mountain Inn Building and other adjacent structures. Due to the nature
of the schedule for this work, staff is asking that this item be placed on the agenda so that
action may be considered by the City Council at their meeting of May 3.
Discussion: The first step towards the construction of the fourteen story hotel complex is
the demolition of six structures now located on the first block of West Center Street.
Specifications and bid documents have been developed for this effort. The bid opening
date has been set for April 25.
Budget Impact: The amount of $887,000 has been set aside for all costs associated with
the demolition of these structures. The developers have given a verbal commitment to
make up any difference for any overrun, should it occur.
RESOLUTION NO.
A RESOLUTION TO APPROVE A CONTRACT WITH
IN THE AMOUNT OF
$ FOR THE DEMOLITION OF
THE MOUNTAIN INN BUILDING, COURTS BUILDING,
FORMER NIBLOCK LAW OFFICE AND RED BIRD CAFE
AS PART OF THE PROJECT PLAN FOR THE HIGHWAY
71 EAST SQUARE REDEVELOPMENT DISTRICT
WHEREAS, on April 25, 2005, bids were opened for the demolition of the
blighted Mountain Inn, Courts Building, former Niblock Law Office, and vacant Red
Bird Cafe; and
WHEREAS, was the qualified low bidder for this
demolition and should be awarded the contract based upon its bid of $
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
awards and approves the contract with in the amount of
$ (attached as Exhibit A) for the demolition and/or gutting of the blighted
Mountain Inn and Courts Building and the demolition of the former Niblock Law Office
and vacant Red Bird Cafe and authorizes Mayor Coody to sign this contract.
PASSED and APPROVED this 3rd day of May, 2005.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
• City of Fayetteville 41
Staff Review Form
3 -May -05
City Council Meeting Date
Coy Hurd, Project Manager Building Services Financial and Internal Services
Submitted By Division
Action Required:
The action required is the approval of a contract (and a project contengency fund) with the apparent low bidder for
the demolition of the Mountain Inn and several adjacent buildings. The bid will open on April 25, 2005.
sv
Cost of this request
4490 9490 5805 00
Account Number
05038.2
Project Number
Budgeted Item �X
$887,000
Category/Project Budget
$0
Funds Used to Date
$887,000
Remaining Balance
Budget Adjustment Attached EJ
Department Director Date
.� 4W -o5
City City Attorney
Finance and Internal Service Director Date
Mayor
Highway 71 East Square
Redevelopment District No.1
Program Category / Project Name
Other Captial Improvement
Program / Project Category Name
TIF Capital Improvement Fund
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
Received in Mayors Office ENTEAE0
ate
•
s).-ds
Jimmy A. Patton Contractor Inc.
11900 Arch Street Pike
Little Rock, Arkansas 72206
(501) 888-7700
Fax (501) 888-4429
May 3, 2005
Ms. Peggy Vice
Purchasing Officer
The City of Fayetteville
113 West Mountain Street
Room 306
Fayetteville, Arkansas 72704
RE: Highway 71 Square Redevelopment District No. I
Certificates of Insurance
VIA FEDERAL EXPRESS (Air Bill No. 5096289634)
Dear Peggy:
Enclosed herewith are our original Certificates of Insurance for the project referenced above. The original
Certificate of Insurance for our workers' compensation coverage is being mailed to you directly from our
agent. Copies of these documents have been faxed to Bob Smith.
Please call me if you have any questions regarding this matter.
Sincerely,
JIMMY A. PATT O CTOR, INC.
A. Miche
Projects Coordinator
:amp 40022certofins.let
I
Jimmy A. Patton Contractor Inc.
11900 Arch Street Pike
Little Rock, Arkansas 72206
(501) 888-7700
Fax (501) 888-4429
May 2, 2005
Ms. Peggy Vice
Purchasing Officer
The City of Fayetteville
113 West Mountain Street
Room 306
Fayetteville, Arkansas 72704
RE: Transmittal of:
(1) Notice of Selection - 2 sets
(2) Payment and Performance Bond - 6 sets
(3) Evidence of Authority to Sign
VIA FEDERAL EXPRESS (Airbill No. 5096289623)
Dear Peggy:
I am pleased to enclose the above captioned documents for your review, distribution and
execution.
It is my understanding that you will return one (1) fully executed set of the Notice of
Selection documents for our files.
Please do not hesitate to call if you have any questions pertaining to the documents
contained herein, require additional information or if I can be of assistance to you in any
way.
Sincerely,
JIMMY A. PAT4'-
A. INC.
Michelle Patton
Projects Coordinator
:amp 440022NoticeofSelection.doc
ctx RECIPIENTS -COPY
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12 DIXPM' 52 ❑FEDEX PAK' 31 ❑HOLD ATFEDEX LOCATIONSAMRDAY City State Zip
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THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # S333842
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or otner party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jimmy A. Patton Contractor, Inc.
11900 Arch Street Pike
Little Rock, Arkansas 72206
OWNER (Name and Address):
City of Fayetteville, Arkansas
113 W. Mountain Street
Fayetteville, Arkansas 72701
CONSTRUCTION CONTRACT
,'��.''I,...,
Date: ,;s.
Amount: SIX HUNDRED EIGHT Y~-i, �
Description (Name and Loqil eeTl�'
Q o Higl$I'ay 7
BOND Date (Not earlier than Con% tiQS J
t Da
Amount: SIX HUNDRED EIClI3I . CI IF I'll(�(1SAND O
Modifications to this Bond:\
CONTRACTOR A' PRINCIPAL •••�•••.4,91(AriS ,.•'•
Company: ,(corpora al)
Jimmy A. tto Contractor, Inc.
Name ayfd/Trtle: P2
(Any additional signatures appear on page 3)
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
UNDREI) FI1IRTY-SEVEN AND 95/100THS Dollars (5688,137.95)
zardous Materials/Asbestos Abatement and Demolition for
_ivare Redevelopment District #1
FNDRED TIIIRTY-SEVEN ANI) 95/1o0THS Dollars (5688,137.95)
None O See Page 3
SURETY
Company: (Corporate Seal)
Employers Mutual Casualty Company
Signature: ��"�((�a�`c '-'--c— ' `oQs J
Name and Title: Carla Sue Hollis
Attorney -In -Fact
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Ramsey, Krug, Farrell & Lensing other party):
P.O. Box 251510 Environmental Enterprise Group
Little Rock, AR 72225 220 North Knoxville
(501) 664-7705 Russellville, AR 72801
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. • AIA d
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 28006
THIRD PRINTING • MARCH 1987
Gnnrr,.r, 379 (:9.R7,
A312-1984 1
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1,
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner :s 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 Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall he 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. Suet 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 nas 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 Com race 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 fur 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 right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 lithe 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 after 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-
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAY.MENI ROM) • DECEN38ER 1983 ED. - AIA G
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE. NW. WASHINGtON. D.C. 2IXx;6 A312-1984 2
THIRD PRINTING r MARCH 198:
i
a
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the 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 of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
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 PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: —
Name and Title:
Address:
Signature: —
Name and Title:
Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT IIOND • DICE.MBER 1984 ED. • AIA 5
THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVI., NAV.. WASHINGTON, U.C. 2Q6
THIRD PRINTING • MARCH 1987
A312-1984 3
0 •
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # S333842
A/A Document A312
Payment Bond
Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jimmy A. Patton Contractor, Inc.
11900 Arch Street Pike
Little Rock, Arkansas 72206
OWNER (Name and Address):
City of Fayetteville, Arkansas
113 W. Mountain Street
Fayetteville, Arkansas 72701
CONSTRUCTION CONTRACT
Date:
Amount: SIX IIUNDRFD EIGII'I
Description (Name and Loci
BOND
Date (Not earlier than
Amount: SIX IIt1NDRED F
Modifications to this Bc
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
IIUNDRFD'I'l1IRTl'-SEVEN AND 95/100THS Dollars ($688,137.95)
Hazardous Materials/Asbestos Abatement and Demolition for
s1 Square Redevelopment District #1
t�\
17115AitIh kVNDRED TIIIRTY-SEVEN AND 95/100THS Dollars ($688,137.95)
• ,q (j None D See Page 6
SURETY
CONTRACTOR AS jINCIII L •+++.KA #F
Company:* Karp iitP's Company: (Corporate Seal)
Jimmy A. Pat n C actor, Inc. Em I yers Mutual Casualty Company
Signature: ..nature:
Name and Pry rder Name and Title: Carla Sue Hollis
Attorney -In -Fact
(Any addtKonal signatures appear on page 6)
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Ramsey, Krug, Farrell & Lensing other party):
P.O. Box 251510 Environmental Enterprise Group
Little Rock, AR 72225 220 North Knoxville
(501) 664-7705 Russellville, AR 72801
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 6
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 A312.1984 4
THARD PRINTING • MARCH 1987
Contreci 373 (12871
I
1 The Contractor and the Surety, jointly and severally.
bind themselves, their heirs, executors, administrators.
successors and assigns to the Owner to pay for labor.
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall he
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 address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the 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.
S if a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the 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.
10The 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
AIA DOCUM(NT A312 • PERFORMANCE BOND AND PAYMENT BOND • DFC[.MBER 1984 ED. • AIM
THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE. NW . WASHINGTON. D.C. 2aW6
THIRD PRINTING • MARCH 1987
A312.1984 S
Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering
common law bond. services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
14 Upon request byanvpersonorentityappearingtobea all other items for which a mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
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 lahor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
lion 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:
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of IF.e 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 PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: —
Name and Title:
Address:
Signature: —
Name and Title:
Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1981 ED. - AIA •B.
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK .AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 6
THIRD PRINTING • MARCH 1987
/EMC Insurance Compa in es No
. 6 2 312
P.O. Box 712 • Des Moines, IA 50303-0712
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
I. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an Ohio Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
hereinafter referred to severally, as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
TIMOTHY P. FARRELL, CAROLYN HUNTER, MICHAEL D. HALTER,TRACI HANKINS, KEVIN BRUICK, RANDY IRVIN,
ALFRED L. WILLIAMS, CARLA SUE HOLLIS, CHARLES M. ALLEN, G. ROBERT SMITH, DALE E. TEMPLE, INDIVIDUALLY,
LITTLEROCK, ARKANSAS...............................................................................................................................................................................
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a
similar nature as follows:
IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS . .......... .......................................................s... . ($10,000;000.00);.,
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
April 1, 2008
The authority hereby granted shall expire unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies ata
regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to (1) appoint attomeys•in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke
the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -0f -attorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer,: whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power-of-attdmey of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed.
IN y91ESS WHEREOF, the C�eys have caused thesents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
dayo( I n
Seals It*.-r2
„•"`"", """'•„ "" Bruce G. Kelley, Chairman Je rey S. Birdsley
�,•`�p WSbq',., Q
: oC
` NGE O '. � PtY p
,, QFq of Companies 2, 3, 4, 5 & 6; resident Assistant Secretary
P°'# • :oaopP°"< of Company 1; Vice Chairman and
:,r-o-1863'5=`EP` o CEO ofCompany7
E QCAi __- 1953 �5
low" +,
27th January 2005
„11111,1,1.., On this day of AD before me a
Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S.
$von+ • L = Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the
Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of
SEAL each of The Companies above; that the seals affixed to this instrument are the seals of said
s es ......... �v; corporations; that said instrument was signed and sealed on behalf of each of the Companies
•,, MOINES �O
by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and
Jeffrey S:Birdslegas such officers, acknowledge the execution..of said instrument to be the
ID
voluntary: act anddeedofeachoftheCompanies.
My Commission Expires September 30, 2006.
4 RUTH KRUMINS
i Commission Number 176255 °'-
My Comm. Exp. Sept. 30. 2006 Notary Public in and for the State of Iowa
CERTIFICATE
I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the
Companies, ark (�ti,Fgyv�r�(oP ey (µetbµyltiya 3etgrg t ,±.'L -7_' 2005
VI . ,111 V. Y.V.., I1", IV' 11.111, I1111YV L. {,111641 IIQ,
and effect. Carla Sue Hollis, Charles M. Allen, G. Robert Smith, Dale E. Temple
i my name and affixed the facsimile seal of each Company this _ day of
/_ __ __l� Vice -President
•
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond# 5333842
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or otner party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jimmy A. Patton Contractor, Inc.
11900 Arch Street Pike
Little Rock, Arkansas 72206
OWNER (Name and Address):
City of Fayetteville, Arkansas
113 W. Mountain Street
Fayetteville, Arkansas 72701
CONSTRUCTION CONTRACT
Date:
Amount; SIX HUNDRED t;IG
Description (Name and L.
BOND
Date (Not earlier than Co lion Contract
Amount: SIX HUNDRED E:IGIl '-E TTHOIIS,
Modifications to this Bond \. AN$
CONTRACTOR AS PRINCIPAL
Company:
Jimmy A. Pat to C tractor, Inc.
Signature:
Name and
(Any addtt'(onal signatures appear on page 3)
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
RED TIIIkTV-SEVEN AND 95/100THS Dollars (5688,137.95)
bus Materials/Asbestos Abatement and Demolition for
re Redevelopment District #1
INDRED'I'HIRTY-SEVEN AND 95/100THS Dollars (5688,137.95)
N None O See Page
SURETY
Company:
-Employers Mutual Casualty Company.
Signature:
Gp' - H
Name and Title: Carla Sue Hollis
Attorney -In -Fact
(Corporate Seal)
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Ramsey, Krug, Farrell & Lensing other party):
P.O. Box 251510 Environmental Enterprise Group
Little Rock, AR 72225 220 North Knoxville
(501) 664-7705 Russellville, AR 72801
AIA DOCUMENT 4312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 19&1 ED. • AIA S
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
r nnrrur .179 I19.R)1
A312.1984 1
1 The Contractor and the Surety, jointly and severally.
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond. except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner s considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to he
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
forma!ly terminated the Contractor's right to complete
the contract. Sucn 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 fur 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 right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, 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 he
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
In 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 after 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-
AIA
DOCUMENT
A312 • PERFORMANCE BOND AND PAY.MEYE ROD •
DECEMBER t98;
ED. -
AIA a
1141
AMERICAN INSTITUTE
OF ARCHITECTS. 1735 NEW YORK AVE.. NW,
WA$H1.NGWJN.
D.C.
2rxUb
THIRD PRINTING
• MARCH 1987
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice lothe 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 of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on•
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 complywith 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: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature: —
Name and Title:
Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT 13OND - DECEMBER 19&1 ED. - AIA 5
THE AMERICAN INSTITUTE O1 ARCHITECTS, tai NEW YORK AV1.. N.W., WASHINGTON, D.C.:01K)b A312-1984 3
THIRD PRINTING • MARCH 1987
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # S333842
A/A Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Jimmy A. Patton Contractor, Inc. Employers Mutual Casualty Company
11900 Arch Street Pike P.O. Box 8550
Little Rock, Arkansas 72206 Kansas City, Missouri 64114
OWNER (Name and Address):
City of Fayetteville, Arkansas
113 W. Mountain Street
Fayetteville, Arkansas 72701
CONSTRUCTION CONTRACT
Date:
••••
rDD't' fNJL �b4�NE IIUNREIIIR'll'-SEVEN AND 95/100TH$ Dollars ($688.137.95)
Amount: SIX IIUNI)RED EIGIITY- 1pl
Description (Name and LocajfL+iS �V Hazardous Materials/Asbestos Abatement and Demolition for
�••QQ' lg Thy, 3t Square Redevelopment District #1
BOND Q VO ♦ �m �o
Date (Not earlier than Cog[-$
EJ7
Amount: SIX IIIINDRED EICt 1 O, ICNDRED'I'111KIV-SEVEN AND 95/100TH$ Dollars ( $688.137.95)
Modifications to this Bond: ♦ .: ( None O See Page 6
CONTRACTOR AS PRINCIPAL_ as, PS ��.•�• SURETY
Company: I ��t al) Company: (Corporate Seal)
,
Jimmy A. P to O Retractor, Inc. loyers Mutual Casualty Company
31QSignature: Signature: � & u
` '
Name d isle: pies' O Name and Title: Carla Sue Hollis
Attorney -In -Fact
(An ditional signatures appear on page 6)
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Ramsey, Krug, Farrell & Lensing other party):
P.O. Box 251510 Environmental Enterprise Group
Little Rock, AR 72225 220 North Knoxville
(501) 664-7705 Russellville, AR 72801
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA M
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006
TH:RD PRINTINC • MARCH 1987
A312-1984 4
Contract 373 (12.87)
1 The Contractor and the Surety, jointly and severally.
bind themselves, their heirs, executors. administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the 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 address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy. the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
Have furnished written notice to the 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 o' 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.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
0 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
AI
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BONE) • DFCLunfR 1481 ED. • AIA3
THE AMERICAN INS71TUTf OE ARCHITECTS, 1735 NEW YORK AVE. N w, WASHINCTON. D.C. 2W06 A312-1984 5
THIRD PRINT6NC • MARCH 1987
i
•
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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 Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature 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 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 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. - AIA •$
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK .AVE., N.W.. WASHINGTON, D.C- 20006 A312.1984 6
THIRD PRINTING • MARCH 1987
/EMCInsurance Companies No. 623126
P.O. Box 712 • Des Moines, IA 50303-0712
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation
E. Union Insurance Company of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an Ohio Corporation
4. Illnals EMCASCO Insurance Company, an Iowa Corporation
hereinafter referred to severally as'Company" and collectively as 'Companies', each does, by these presents, make, constitute and appoint
TIMOTHY P. FARRELL; CAROLYN HUNTER, MICHAEL D. HALTER, TRACI HANKINS, KEVIN BRUICK, RANDY IRVIN,
ALFRED L WILLIAMS, CARLA SUE HOLLIS, CHARLES M. ALLEN, G. ROBERT SMITH, DALE E. TEMPLE, INDIVIDUALLY,
LITTLEROCK, ARKANSAS...............................................................................................................................................................................
its true and lawful attorney -in -fad, with fug power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a
similar nature as follows:
IN AN •AMOUNT NOT EXCEEDING TEN MILLION DOLLARS........................................................................... ....•.......• ($10,000,000.00);
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire April 1, 2008 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a
regularly scheduled meeting of each company duty called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shell have power
and authority to (1) appoint attomeys•in-fad and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke
the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed.
fill I WHEREOF, the Canbenies have caused these nts to be signed for each by their officers as shown, and the Corporate seats to be hereto affixed this
day of ��Y j
Seals
,,,,,•••r,, ,••••"•'••,,,, ,,,•••"'•'•"„ Bruce G. Kelley, Chairman Je y S. Birdsley
,,.`pPgli,E,�o.vopcssG of Companies 2, 3, 4, 5 & 6; resident Assistant Secretary
. �=.=`pPV°4 p O.` c,o 4. • _ % of = 1663 Corn any 1; Vice Chairman and
- ' CEO orCompany7
SEAL o 1953 =<"_
i1 JJ/'•yr1„•N`T�� %3'1
I•�.y Or oJd4,,. u•V`` to Wk
d•NSUenw�' p•`"013 4w ,• p••g3TU4i ;
C` Oa.„,r"••a Ef PF., Onnry, �f aCPS „ubgp d,': !it�`y4S�OP"O N4 04- _Q `OPVONgf. `O.yOP?Oggf p
SEAL : =Y SEAL f2c =?5 SEAL
,, low ..• D • "q MU1NFs)OYY•--C•
RUTH KRUMINS
ComMaton Number 176255
My Comm. Exp. Set 30.2006
On thiu7th day of January AD 2005. before me a
Notary Public in and for the State of Iowa, personalty appeared Bruce G. Kelley and Jeffrey S.
Birdsley, who, being by me duly swum, did say that Ihey are, and are known to me to be the
Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of
each of The Companies above; that the seals affixed to this instrument are the seals of said
corporations; that said instrument was signed and sealed on behalf of each of the Companies
by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and
Jeffrey S. 8irdsley, as such officers, acknowledge the execution of said instrument to be the
voluntary act and deed of each of the Companies.
My Commission Expires September 30, 2006.
Notary Public in and for the State of Iowa
CERTIFICATE
I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the
January 27, 2005
Companies, r l hyA IBii t&IO. ,
are true aof Carla Sue Hollis, Charles M. Allen, G. Robert Smith, Dale E. Temple
are: hue and corned and are slit) in full force and effect mP
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of
/�._-t��'Sv % Vice -President
C
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # S333842
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or otner party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jimmy A. Patton Contractor, Inc.
11900 Arch Street Pike
Little Rock, Arkansas 72206
OWNER (Name and Address):
City of Fayetteville, Arkansas
113 W. Mountain Street
Fayetteville, Arkansas 72701
CONSTRUCTION CONTRACT
Date:
Amount: SIX IIIINDRED EIG111
Description (Name and Loa2
BOND Q1
Date (Not earlier than C8
Amount: SIX HUNDRED EIC 1
Modifications to this Bond.
CONTRACTOR AS PRINCIPAL
Company:
Jimmy A. P 4q4/Contractor, Inc.
Signature
Name a$
; RKANSPcS
(Any motional signatures appear on page 3)
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
IIIINDRED THIRTY-SEVEN AND 95/100TIIS Dollars (5688.137.95)
iazardous Materials/Asbestos Abatement and Demolition for
Square Redevelopment District #1
INDRED TIIIRTY-SEVEN AND 95/1001ITS Dollars (S688,137.95)
(N None O See Page 3
SURETY
Company: (Corporate Seal)
-mployers Mutual Casualty Company
Signature: Go�Q�a kG�
Name and Title:
Carla Sue Hollis
Attorney -In -Fact
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Ramsey, Krug, Farrell & Lensing other party):
P.O. Box 251510 Environmental Enterprise Group
Little Rock, AR 72225 220 North Knoxville
(501) 664-7705 Russellville, AR 72801
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA Q
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
r.nn,r.rr 379 (.R71
A312-1984 1
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surely 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 s considering declaring a Contractor
Default and has requested and avempted to arrange a
conference with the Contractor and the Surety to he
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
forma!ly terminated the Contractor's right to complete
the contract. Sucn 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 alas 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 right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, 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.
lion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's 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 tile 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
maybe instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AIA
DOCUMENT
A312 • PERFORMANCE BOND AND PAYMENT BOND -
DECEMBER 1984
ED. •
AIA z
THE
AMERICAN INSTIIUIF
OF ARCHITECTS, 1735 NEW YORK AVE.. NA%
. WASHINGtON.
D.C.
2(iE
THIRD PRINTIND
• MARCH 1987
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the 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 of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
cuced by all valid and proper payments made to or on
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
PRINCIPAL
SURETY
Company:
(Corporate Seat)
Company:
(Corporate Sea[)
Signature:
Name and Title:
Address:
Signature: —
Name and Title:
Address:
AIA DOCUMENT
A312 • PERFORMANCE BOND AND PAYMENT BOND •
DICEMBER I9at
ED. • AW n
THE AMERICAN INSTITUTE
(Jr ARCHITECTS, 1735 NEw• YORK AVL,N 'V..
WASHINGTON.
U.C. 20006
THIRD PRINTING
• MARCH 1987
A312-1984 3
I
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # 5333842
AIA Document A372
Payment Bond
Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jimmy A. Patton Contractor, Inc.
11900 Arch Street Pike
Little Rock, Arkansas 72206
OWNER (Name and Address):
City of Fayetteville, Arkansas
113 W. Mountain Street
Fayetteville, Arkansas 72701
CONSTRUCTION CONTRACT
Date:
Amount: SIX HUNDRED Elt�
Description (Name and tq�
BOND
Date (Not earlier than C•01
Amount: SIX HILNDRED EIc 1i
Modifications to this Bond.'•,
CONTRACTOR AS PRINCIPAL
Company:
Jimmy A. Pa4nlntractor,lnc.
0 r
Signature:
Name and
(Any
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
R'i�11''IrIfE3l'I \, �~XF' IIUNDRED'1'IIIR'I'\'-SEVEN AND 95/1007'lIS Dollars (5688.137.95)
yi): Itemedi' Hazardous Materials/Asbestos Abatement and Demolition for
S jghgtry 7 t Square Redevelopment District #I
1�L
action %ontrac Q):
IIT TIIOIIS Ii t HUNDRED TIIIKIY-SEVEN AND 95/100'1115 Dollars ($688,137.95)
o;;AKAIdSPs.•'�•' fNone O See Page 6
SURETY
(Corpor to Seal Company: (Corporate Seal)
mployers Mutual Casualty Company N ,
Pnature: c _c-. u`a
rrc,5iden-C /
signatures appear on page 6)
and Title: Carla Sue Hollis
Attorney -In -Fact
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Ramsey, Krug, Farrell & Lensing other party):
P.O. Box 251510 Environmental Enterprise Group
Little Rock, AR 72225 220 North Knoxville
(501) 664-7705 Russellville, AR 72801
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA S
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312-1984 4
TH:RD PRINTING • MARCH 1987
Contract 373 (1287)
E
1 The Contractor and the Surety, jointly and severally.
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor.
materials and equipment furnished for use in the 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 tabor, 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 Bogd until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the 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.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4. the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the 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
AIA DOCUMENT A312 • PERfOR.MANCE BOND AND PAIMENT BOND • DFCIMBER 1984(0, • AIA'
THE AMERICAN INSTITUlf Of ARCHITECTS, 1735 NEW YORK AVE. N W. WASHINCTON. D.C. z, A312.1984 5
THIRD PRINTING • MARCH 1987
Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering
common law bond. services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor orwith a subcontractor of
the Contractor to furnish labor, materials or equips
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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:
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified or the sig-
nature 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 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 PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: —
Name and Title:
Address:
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1987 ED. • AIA 3
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK .AVE., N'.W.. WASHINGTON, D.C. 20O116 A312-1984 6
THIRD PRINTING • MARCH 1987
/BACInsurance Companies NO, 623125
! P.O. Box 712 • Des Moines, IA 50303-0712
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an Ohio Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
TIMOTHY P. FARRELL,`CAROLYN HUNTER, MICHAEL D. HALTER, TRACI HANKINS, KEVIN BRUICK, RANDY IRVIN,
ALFRED L. WILLIAMS, CARLA SUE HOLLIS, CHARLES M. ALLEN, G. ROBERT SMITH, DALE E. TEMPLE, INDIVIDUALLY,
LITTLEROCK, ARKANSAS...............................................................................................................................................................................
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a
similar nature as follows:
IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS.............................................................................................. ($10,000,000.00)
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed,
The authority hereby granted shall expire
April 1, 2008
unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a
regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED; The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to (1) appoint attomeysin-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke
the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manuallyafxed.
IN MESS WHEREOF, the Cjeg have caused theseents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
day of IYY /J j '
Seals Ice C. K�
�.S• e ey
INSU„ i" O ,••"" ' Bruce G. Kelley, Chai man JS. Birofdsley
p 3 4 5 8 6; resident Assistant Secretary
• jyJp: LpPP0k4 0 '`OP>ORq^9 of Company 1; Vice Chairman and
SEAL ia 1863 1953 ; CEO of Company 7
27th January 2005
^••", "'a.,, l" Onthis_dayof AD before me a
'.• `PSU[IANCF'",; .a, `NS9aAN�''., �``"�E.U(UA( „
o„voR , ; .Q """•' o"-- r es,,,, ,,r9s:: Notary Public in and for the State of Iowa, personally appeared Bruce G. Kettey and Jeffrey S.
,"
, ° = voa °, , , ;,`• p.oR4 o ` Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the
"` ` Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of
SEAL jEat SEAL W SEAL o each of The Companies above; that the seals affixed to this instrument are the seals of said
°• +`'•.".,,.•.:` -°•'•••,,,,,,,.•`` •" ' °F'" a ° corporations; that said instrument was signed and sealed on behalf of each of the Companies
''', �owP• .' 'c'. N%b0>MO"'' ,.'rM01NE5'��. rP 9 P
" by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and
Jeffrey S. Birdsley, as such officers, acknowledge the execution of said instrument to be the
1JTtl voluntary act and deed of each of the Companies.
My Commission Expires September 30, 2006.
4% RUTH KRUMINS \_� t j/
Commission Number 176255 \�-^"'�-'` I`�'-'"""'•mss)
" My Comm. Exp. Sea 30.2006 Notary Public in and for the State of Iowa
CERTIFICATE
I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the
January 27, 2005
Companies, fliflyP4y 8hi.° bi�Re�iE41t F� I(i{ Y�at�l93. i
are tr a aof Carla Sue Hollis, Charles M. Allen, G. Robert Smith, Dale E. Temple
are true and correct and are still in full force and effect.p
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this _ day of
Vice -President
Coy Hurd
Submitted By
i required is for the Mayor to
for a credit of $3,260.70. The City Council has approved the contingency fund; this request does not
City of Fayetteville
Staff Review Form
For Staff Review Only
City Council Meeting Date
Building Services
Division
Action
5-5
979 /5
Jc+' M P nOr4tf
7/.LL 6q/9.z-05
Finance and Internal Services
Department
Council action.
credit of $3,260.70
Cost of this request
4490 9490 5315.00
Account Number
05038.2
Project Number
Order Two (to
Hwy 71 East Square
Redevelopment District # 1
Program Category/ Project Name
Other Improvements
Program! Project Category Name
TIF Capital Improvement Fund
Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
9-
Depart/m�eentt Director Date Original Contract Date:
Original Contract Number.
City Atto
A _= IDocument G7OITM - 2001
Change Order
PROJECT (Name and address):
City of Fayetteville, Arkansas
Hwy 71 East Square Redevelopment
District #1
Fayetteville. AR
TO CONTRACTOR (Name and address):
Jimmy A. Patton Contractor Inc. CONTRACT DATE: N/A OTHER: 0
11900 Arch Street Pike CONTRACT FOR: Env Rem / Demolition
Little Rock, AR 72206
CHANGE ORDER NUMBER: 002
DATE: August 25. 2005
ARCHITECT'S PROJECT NUMBER: 05-01 11-058
OWNER
❑
ARCHITECT:
❑
CONTRACTOR:
FIELD:
0
THE CONTRACT IS CHANGED AS FOLLOWS:
(include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives)
Deduct $9,300.00 for footings and retaining walls left in place and associated unneeded backfill as per City of Fayetteville's
direction.
Add $3,398.83 reimbursement for traffic control devices and misc. claims
Add $2,640.47 for sealing basement door in arcade building and remediation of contaminated water
The original Contract Sum was $ 688,137.95
The net change by previously authorized Change Orders $ -8,770.00
The Contract Sum prior to this Change Order was $ 679,367,95
The Contract Sum will be decreased by this Change Order in the amount of $ -3,260.70
The new Contract Sum including this Change Order will be $ 676.107.25
The Contract Time will be unchanged by Zero (0) days.
The date of Substantial Completion as of the date of this Change Order therefore is unchanged.
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which
have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
Environmental Enterprise Group, Inc. Jimmy A. Patton Contractor Inc. City of Fayetteville, Arkansas
ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name)
220 North Knoxville, Suite 200 11906 Arch Street Pike 113 West Mountain Street
Russellville, AR 72801 Little Rock, AR 72206 Fa ett -i le, AR 7 04
ADDRESS
AD ADD S
BY (Signature) BY (Signs ore) BY (Signature)
)kC. S.,`IG. A. Mit( ejle. PQtfuT.
(Typed name) (Typed name) %Typed name)
50 Auq 05
DATE DATE DATE
AIA Document 6701"-2001. Copyright C 1979, 1987. 2000 and 2001 by The American Institute of Arthitecis. All rights reserved. WARNING: This
AIAa Document Is protected by U.S. Copyright Law and International Trestles Unauthorized reproduction or distribution of this AIA' Document, or
any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
document was produced by ALA software all2U5:42 on 08/252005 under Order No.1000142569_1 which expires on 1O1212005. and is rot far resale.
User Notes: (2801143556)
FAYETTEVILLE
THE CITY Of FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Dan Coody
THROUGH: Stephen Davis, Financial and Internal Services Director
FROM: Coy Hurd, Project Manage
DATE: September 2, 2005
SUBJECT: Change Order Number Two, Mountain Inn Demolition Project
Recommendation: It is my recommendation that you sign the attached Change Order
forms. This Change Order will give us and additional credit of $3,260.70.
Background: The Jimmy Patton Company of Little Rock contracted to demolish the
Mountain Inn (and adjacent buildings) for $688,137.95. Change Order Number One was
a credit back to the City for $8,770. Change Order Number Two is another credit back to
the City for $3,260.70.
Discussion: We were able to delete some of the work from Patton's scope. The work
deleted was removal of some of the footings that were located adjacent to the utility
alleyway and to Center Street. It was agreed (by all parties) that the footings were in
areas where removal would disturb existing utilities or would undermine the integrity of
the roadway. Everyone agreed to leave them in place.
Patton did some extra work (or incurred extra expenses) which were beyond his original
scope. These items somewhat offset the credit from the subtracted work. One can
review the Change Order document and see that the deleted work was worth $9,300.00.
Extra costs (to Patton) included work that he did to seal off the basement in the Arcade
Building, worth $2,640.47. In addition, Banner Sign Company charged Patton with
digital signs that were not in the original plan, but were requested by the State Highway
Department. My opinion is that they should not have to pay this extra cost.
Memo, page two
The net credit back to the City (by way of Change Order Number Two) is then $3,260.70,
a fair and equitable amount in my estimate.
Budget Impact: With the signing of Change Order Number Two, the demolition of the
buildings (Mr. Patton's work in the efforts) is then $676,107.25. This puts the entire
project under budget by about $20,000.
Clarice Pearman - Change Order -Mountain Inn Page 1
From: Clarice Pearman
To: Hurd, Coy
Subject: Change Order -Mountain Inn
Coy,
Attached is a copy of the Jimmy Patton change order for the demolition project for the Mountain Inn.
Thanks.
Clarice
CC: Deaton, Vicki
From: Clarice Pearman
To: Hurd, Coy
Subject: change order
Coy,
I will forward via interoffice mail one of two originals of the Patton change order.
Thanks.
Clarice
'910
jdt
CITY OF FAYETTEVILLE, ARKANSAS
Quality Assurance
Project Closeout Review
Instructions
Please use the attached Quality Assurance Project Closeout Review questionnaire to
evaluate the planned and actual results for the Mountain Inn Demolition; Jimmy
Patton Contract project.
Please respond as honestly and completely as possible. Your responses will be. used to
measure and. improve the project development and management process. Should you
wish to keep your responses anonymous, you may tear off this cover page and do not
sign the back page.
Your experiences during, the development process and your feelings concerning the
project management process are very important to the Mayor and City Council and are
vital in our efforts to improve the quality of the project management process. The
completed survey should be returned to:
Vdeaton@ci.fayetteville.ar.us or mailed to:
Internal Audit Division
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
•11
Pvicena,ci.fayetteville.ar.us or mailed to:
Purchasing Division
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
C:\Documents and Senings\chud\My Documents\QA.doc Page I 01 12 10/11/05 9:45 AM
Project Closeout Review
Questions
1. BUDGET - This is an analysis of the project planned budget compared to project
actual expenditures for implementation:
Baseline project budget (P): $688,138
Revised project budget (R): $same
Number of Budget Revisions (B): none
Total project expenditures (A): $676,107
Budget variance (((A / P) - 1) x 100): 2 %
COMMENTS:
• Mr. Patton's contract was amended by two change orders; each was a credit back
to the City.
Change Order One: ($8,770)
Change Order Two: ($3,261).
2. SCHEDULE - This is an analysis of the project planned and actual implementation
date:
Project start date (S): May 23, 2005
Baseline scheduled implementation date (B):same
Revised scheduled implementation date (R): same
Number of schedule revisions (#): 0
Actual Implementation date (I): May 23, 2005
Planned duration in days (P): 56
Actual duration in days (A): 77
Schedule variance (((A / P) - 1) x 100): 37.5 %
COMMENTS:
The Contractor was slowed (to a point) by the utility relocation work.
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Project Closeout Review
Questions
3. PROJECT SCOPE - This is an analysis of the changes between the original project
scope to the final project scope.
Proposed Project Scope requirements: (describe)
Demolition of six buildings and the associated foundations and footings
Final Project Scope Produced: (Describe)
Some of the foundations and footings were left in -place.
Number of scope changes:
COMMENTS:
Some selected foundations and footings were left in place to shore -up Mountain and Center Streets.
4. FUNCTIONAL REQUIREMENTS — If the project is implemented without meeting
the original scope requirements please explain and describe the process to attain
100% compliance with the original plan.
COMMENTS:
These foundations and footings will be excavated on an as needed basis by the Developer.
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Project Closeout Review
Questions
5. RESOURCE MANAGEMENT - This is an analysis of resource utilization activities
(internal staff or consultant) provided by the project.
Planned effort hours (P): 168 hours
Revised effort hours (R): n/a
Actual effort hours (A): 231 hours
Number of scope revisions (S): n/a
Resource management variance (((A / P) - 1) x 100): 37.5 %
COMMENTS:
The demolition took longer than anticipated.
6. PROJECT PROGRESS REPORTING EXPECTATIONS (This question should
be completed by the project oversight division) - Please rate the quality of project
deliverables in terms of customer expectations.
it
VERY NEUTRAL VERY
SATISFIED DISSATISFIED
COMMENTS:
The completed work was excellent.
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Project Closeout Review
Questions
7. PROJECT IMPLEMETNATION SUPPORT (This question should be
completed by the receiving division) - How satisfied is the receiving division with
the method/time frame the project was implemented?
5 -- --3
VERY
SATISFIED
NEUTRAL
iJ
1
VERY
DISSATISFIED
COMMENTS:
The work was executed as diligently as possible, considering the constraints.
8: CONSULTANT/CONTRACTOR SUPPORT (This question should be
completed by the project sponsoring division/ user organization) - How satisfied
is the user with the level of support provided by the consultant/contractor during this
project?
- -- 4 - - - -_3 --_ ----2--- -1
VERY NEUTRAL VERY
SATISFIED DISSATISFIED
COMMENTS:
The level of support by the Contractor was excellent.
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Project Closeout Review
Questions
9. BENEFITS REALIZATION (This question should be completed by the project
sponsoring division / user organization) - How satisfied are you that the expected
benefits (business case) will be realized?
i-i---------- 4 ------- -3 -- --2--- -- I
VERY NEUTRAL VERY
SATISFIED DISSATISFIED
COMMENTS:
The expected benefits were realized.
10. LESSONS LEARNED - What were the positive lessons learned (project strengths)
from this effort?
Lessons learned included the fact that the Patton Company was just as excellent at this
work as the last time I worked with them (about ten years ago). I learned that the City
Staff has makes a very good team when faced with the planning phase of a difficult
project.
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Project Closeout Review
Questions
11. LESSONS LEARNED - What opportunities for improvements (project
weaknesses) were learned with this project?
I learned that in a large demolition project such as this, more lead time is needed in which
to investigate the scope of the site work. .
12. Total Life Cycle Cost:
A. Total Actual Implementation Cost $
B. Total Planned Operations and Support Cost (per year) $
C. Total Planned Enhancement Cost (per year) $
D. Projected System Life (years) years
Total Life Cycle Cost (A + (BxD) + (CxD)) $
Life Cycle Cost is not appropriate for a demolition effort.
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Project Closeout Review
Questions
13. Did the project meet the original goals for the project?
Yes No XX
If no, please explain if the original goal(s) are no longer meaningful or what is left to do
and the plan to attain the original goals.
This work took longer than the contracted time. I believe that the schedule should have
been more realistic.
14. What measures (quantifiable and qualitative) were utilized to develop this project?
List Measures and define the requirement (Federal, State or City Council mandate;
asset maintenance, cost exceeds residual value; asset "down time" has become
unacceptable; etc.
Quantifiable:
A utility survey was completed by the Project Engineers.
Qualitative:
Site walkthroughs, dead reckoning, quizzing other demolition professionals
15. Did the project results improve the condition? Please explain:
Good results were gained from the Project.
16. Have as -built "record drawings" been received?
MM
If no, please indicate when. n/a
No XX
17. Has consent of surety been received acknowledging final payment to the contractor?
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Questions
Yes XX No
If no, please indicate when. September 19, 2005
18. Is insurance required on this improvement? If yes, has it been obtained? If insurance
has not been obtained, please indicate when it will be.
Yes No XX
n/a
19. Has Accounting been notified to update the City's General Ledger Asset Record to
reflect this improvement/addition? n/a
Yes No
If no, please indicate when this information will be forwarded.
Has IT been notified to update the Municipal Management System/Fleet
(Hansen/Faster) asset records reflect this improvement/addition? n/a
Yes No
If no, please indicate when this information will be forwarded.
20. Is this is a "mission critical" system?
Yes No XX
21. If the answer to question 20 is "Yes", has a formal business continuity plan been
created?
Yes No
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Questions
If "No", planned creation date: n/a
If "Yes":
Date of plan creation:
Date copy forwarded to Internal Audit:
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S..
Questions
22. Please add any additional comments, or suggestions, that could be used to improve
the quality of project management within the State of City of Fayetteville.
This memorandum is a final report on the demolition of six buildings in downtown Fayetteville:
the Redbird Caf�, the Niblock Law Firm Building, the Mountain Inn Hotel and parking deck, the Courts
Building, and the internal demolition of the Arcade Building.
This project was very successful due to a team effort of many people. Some of the people who
made this project work successfully were:
Jim Head and the Jimmy Patton Company,
Chris King of King Electric Company,
EEG Consultants, and,
City Staff.
Special thanks to the City Council for your support and cooperation regarding the special
exceptions that were made to expedite the utility work. And, thanks to the citizens who endured changes in
their routines and the noise associated with this project. Finally, thanks to the business owners who were
inconvenienced by this process.
I have never been associated with a demolition project that generated as much interest. Each time
I went to the site, there were members of the public standing outside the fence watching the activity inside.
The media took great interest in the progress of the work During this project, I heard many stories from
(and about) people who had strong emotional connections to these buildings, people who honeymooned
there, who worked to build the buildings, who were born there. Several asked me to escort them inside the
site fence so that they could sift through the rubble to pick a memento. It became obvious to me that the
Mountain Inn Hotel meant a great deal to a lot of Fayetteville's citizens.
How about the statistics? The City Council approved $886,000 for this demolition effort. When
everything was said and done, we had spent $865,930 on the project. The project then came in under
budget by $20,070. The work took about eleven weeks. Twelve -thousand tons of debris were hauled from
the site.
This project did generate some controversy. Streets and traffic lanes were closed, barricades were
erected, and dump trucks drove in and out of the site and mingled with rush hour traffic. Three cars
received some minor damage. The Patton Company graciously took care of these repairs. I found them to
be a pleasure with which to work and very accommodating to Fayetteville's citizens.
There were television news stories regarding the private land where the legal fill was placed.
When all was said, everyone agreed that our efforts were all above -board, transparent, and certainly legal
and acceptable.
Now the City has come to the end of direct involvement with the project. There is still certainly
much more work be done. Our citizens will have to accommodate more inconveniences of a major
construction project which is located downtown. The bottom line is this: the demolition of the Mountain
Inn was a successful project that came in under our budget Now the citizens may look forward to the
future and to the new facility that will soon grace this site.
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S.
Questions
Signature (optional):
Date: (j// l 'Z W
If you would like someone from the Purchasin /,Budget & Research/ Accounting/
Engineering staff to discuss your comments and recommendations please provide the
contact name and telephone number:
Contact Name
Telephone Number
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�E:Q9 ; M.t -a -
FAYETTEVILLE
THE CITY Of FAYETTEVILLE, ARKANSAS
•
DEPARTMENTAL CORRESPOND
Memorandum
To: Mayor Dan Coody and the Fayetjeyilc.City Council
From: Coy Hurd, Project Manager tvr
Through: Stephen Davis, Finance ant1'Internal Services Director
Re: Final Report on the Demolition of the Mountain Inn
Date: October 7, 2005
C C o/6 A. 1 DOS"
SCANNED
This memorandum is a final report on the demolition of six buildings in
downtown Fayetteville: the Redbird Cafe, the Niblock Law Firm Building, the Mountain
Inn Hotel and parking deck, the Courts Building, and the internal demolition of the
Arcade Building.
• This project was very successful due to a team effort of many.people. Some of
the people who made this project work successfully were:
Jim Head and the Jimmy Patton Company,
Chris King of King Electric Company,
EEG Consultants, and,
City Staff.
Special thanks to the City Council for your support and cooperation regarding the
special exceptions that were made to expedite the utility work. And, thanks to the citizens
who endured changes in their routines and the noise associated with this project. Finally,
thanks to the business owners who were inconvenienced by this process.
I have never been associated with a demolition project that generated as much
interest. Each time I went to the site, there were members of the public standing outside
the fence watching the activity inside. The media took great interest in the progress of
the work. During this project, I heard many stories from (and about) people who had
strong emotional connections to these buildings, people who honeymooned there, who
worked to build the buildings, who were born there. Several asked me to escort them
inside the site fence so that they could sift through the rubble to pick a memento. It
became obvious to me that the Mountain Inn Hotel meant a great deal to a lot of
• Fayetteville's citizens.
• Memo of October 7, page two
How about the statistics? The City Council approved $886,000 for this
demolition effort. When everything was said and done, we had spent $865,930 on the
project. The project then came in under budget by $20,070. The work took about eleven
weeks. Twelve -thousand tons of debris were hauled from the site. .
This project did generate some controversy. Streets and traffic lanes were closed,
barricades were erected, and dump trucks drove in and out of the site and mingled with
rush hour traffic. Three cars received some minor damage. The Patton Company
graciously took care of these repairs. I found them to be a pleasure with which to work
and very accommodating to Fayetteville's citizens.
There were television news stories regarding the. private land where the legal fill
was placed. When all was said, everyone agreed that our efforts were all above -board, •
transparent, and certainly legal and acceptable.
Now the City has come to the end of direct involvement with the project. There is
still certainly much more work be done. Our citizens will have to accommodate more
inconveniences of a major construction, project which is located downtown. The bottom
line is this: the demolition of the Mountain Inn was a successful project that came in
under our budget. Now the citizens may look forward to the future and to the new
• facility that will soon grace this site.
•