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.
C.).•&SY p SGS'
r%•
U : G� F•.�• c=
• -
:FAYETTEVILLE:
1.
�'. So* By
-,ys.9,QkANSP. JZ?
ATTEST;
By:
SONDRA SMITH, City Clerk
APPROVED:
DAN COODY, Mayor
•4(
• •
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
1 •
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
• •
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.
• •
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.
• •
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
ByI..en.,,..A r/f//,
ger
JA. P tto ,,... w
•..
.��r,
•
P9°��099:'
[CORPORATE SE.Ai l SEAL °
♦ 2
*A
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
•
rIPrip
s
F SAS
•
SECRETARY41.
OF STATE
a
Char e lets'
V
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
•
•
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
•
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 /
. Q e i a.,,.. . v 73;
3E',! _I
c' .4:
*-.1-
.
.
vfvvvv ,
;stkiON CONjR°es
0 A R` O :
ATTEST:
'i/'n" i nl
Allan COr,71
Corporate Name
ie fD;rn�.y jQ
1900 t an C.L /cc
L ; oGkAddry,QsCL 7aa oq
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
•
•
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
'.,..... ...,.
4,4314CONI'
(SEAL If•
♦ ��
•••gRKANsisks. �•
a3. ��
o•.,•.•..
eflo
r•
NOT 4,11
P°BLIc
AT
- C LARGE
0 COUNA1' ``*.
',/11,111111 %
•
•
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