HomeMy WebLinkAbout93-05 RESOLUTION•
RESOLUTION NO. 93-05
A RESOLUTION APPROVING A CONSTRUCTION CONTRACT
WITH C-2 PROJECTS LLC IN THE AMOUNT OF $1,169,336.25
FOR THE GREGG AVENUE WATER SYSTEM IMPROVEMENTS;
APPROVING A 10% PROJECT CONTINGENCY IN THE
AMOUNT OF $116,933.00; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $544,391.00 FOR SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
FAYETTEVILLE, ARKANSAS:
OF
Section 1. That the City Council of Fayetteville, Arkansas, hereby
approves a construction contract with C-2 Projects LLC in the amount of
$1,169,336.25 for the Gregg Avenue Water System Improvements. A copy of the
contract marked Exhibit "A" is attached hereto and made a part hereof.
Section 2. That the City Council of Fayetteville, Arkansas,
approves a 10% project contingency in the amount of $116,933.00.
Section 3. That the City Council of Fayetteville, Arkansas,
approves a budget adjustment in the amount of $544,391.00 for same.
PASSED and APPROVED this 3rd day of May, 2005.
ATTEST:
By:
��.�`�ORK/TR4''o,.
G\ •l'op
.c• .•C\CY OF t
U • F•ly
: FAYETIEVILLE :
tom:• 5:>
IP.QKANSP. Jam:'
SON
RA SMITH, City Clerk
APPROVE
By:
hereby
hereby
DAN COODY, Mayor
• •
Section 00500
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 3 rd day of /nit in the year 2005 by and
between the City of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and C-2 Projects,
LLC (hereinafter called CONTRACTOR).
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 is generally described as follows:
Gregg Avenue Water System Improvements — Phase II
City of Fayetteville, Arkansas
Article 2. ENGINEER.
The Project has been designed by:
Garver Engineers, LLC
1088 East Millsap Road
Fayetteville, AR 72703
who is hereinafter called ENGINEER and who is to act as FAYETTEVILLE's representative,
assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER 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 be substantially completed within 150 consecutive calendar days
after the date when the Contract Time commences to run as provided in paragraph 2.03 of
the General Conditions, and fully completed and ready for final payment in accordance with
paragraphs 14.07 B & C of the General Conditions within 180 consecutive calendar days
after the date when the Contract Time commences to run.
If delays in utility relocations by others impede the Contractor's progress for major Contract
items and/or items critical to the prosecution of the work within the Contract Time, the
Contract Time will be temporarily suspended or adjusted by the City as appropriate. During
such periods, the Contractor will be allowed to work on minor Contract items, as approved
by the City, without spending Contract Time.
00500 Contract.doc
00500-1 Garver Project No. 0296-3600(2)
• •
3.2. Liquidated Damages. FAYETTEVILLE and CONTRACTOR recognize that time is
of the essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1 above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions. They
also recognize the delays, expense and difficulties involved in proving the actual loss
suffered by FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of
requiring any such proof, Fayetteville and CONTRACTOR agree that as liquidated damages
for delay (but not as a penalty) CONTRACTOR shall pay FAYETTEVILLE Five Hundred
dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for
substantial completion, if CONTRACTOR shall neglect, refuse, or fail to complete the
remaining work within the time specified in paragraph 3.1 for completion and readiness for
final payment or any proper extension thereof granted by FAYETTEVILLE,
CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day
that expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final
compensation for all work done under this agreement, the amount based on the prices bid in the
Proposal which is hereto attached, for the actual amount accomplished under each pay item, said
payments to be made in lawful money of the United States at the time and in the manner set forth in
the Specifications.
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed,
and determinations of actual quantities and classifications are to be made by ENGINEER as
provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided
in paragraph 11.03.B of the General Conditions.
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.
Article 5. PAYMENT PROCEDURES
5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the
basis of Work completed as provided in paragraph 14.02 of the General Conditions and SC -
14.02 of the Supplementary Conditions. Prior to Final Completion, progress payments will
be made in an amount equal to the value of completed Work, plus the value of stored
materials, less retainage, less the aggregate of payments previously made, and less such
amounts as FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 &
14.02.D of the General Conditions:
Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work
until such time as 50 percent of the Work has been completed. If 50 percent of the
Work has been completed, as determined by ENGINEER, and if the character and
progress of the Work have been satisfactory to FAYETTEVILLE, retainage will be
00500 Contract.doc
00500-2 Garver Project No. 0296-3600(2)
• •
fixed at five percent of the Contract Price. FAYETTEVILLE reserves the right to
reinstate retainage at ten percent if the character and progress of the Work become
unsatisfactory to FAYETTEVILLE.
Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials
and equipment not incorporated in the Work but delivered, suitably stored, insured,
and accompanied by documentation satisfactory to FAYETTEVILLE as provided in
paragraphs 14.02.B.5 & 14.02.D of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraphs 14.06 and 14.07.B & C of the General Conditions, FAYETTEVILLE shall
pay the remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraphs 14.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the
following representations:
6.1. CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in Article 7) 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 as provided in paragraph 4.02.A of the
General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -
4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such
reports and drawings upon which CONTRACTOR is entitled to rely as provided in
paragraph 4.02 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract Documents
and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges
that FAYETTEVILLE and ENGINEER 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
00500 Contractdoc
00500-3 Garver Project No. 0296-3600(2)
• •
conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or
otherwise which may affect cost, progress, performance, or famishing 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 by
FAYETTEVILLE and others 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 ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof by ENGINEER 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.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between FAYETTEVILLE and
CONTRACTOR conceming the Work consist of the following:
7.1. This Agreement (pages 1 to 6, inclusive).
7.2. Performance and Payment Bonds, (Exhibit A).
7.3. Certificates of Insurance, (Exhibit B).
7.4. General Conditions (pages 1 to 40, inclusive).
7.5. Supplementary Conditions (pages 1 to 15, inclusive).
7.6. Specifications consisting of Sections as listed in Table of Contents herein.
7.7. Addenda numbers 1 to 2 , inclusive.
7.8. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1
through 21, inclusive with each sheet bearing the following general title:
00500 Contract.doc
00500-4 Garver Project No. 0296-3600(2)
City of Fayetteville
Gregg Avenue Water System Improvements — Phase II
7.9. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto:
7.9.1. Notice to Proceed
7.9.2. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 of the General
Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the
General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article 1 of 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. FAYETTEVILLE and CONTRACTOR each binds itself, its 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 Freedom of Information Act: City 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, the Contractor will do
everything possible to provide the documents in a prompt and timely manner as prescribed in
00500 Contract.doc
00500-5 Garver Project No. 0296-3600(2)
• •
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.
IN WITNESS WHEREOF, FAYETTEVILLE and CONTRACTOR have signed this Agreement in six
(6) counterparts. One counterpart each has been delivered to FAYETTEVILLE and ENGINEER, and two
counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been
signed, initialed, or identified by FAYETTEVILLE and CONTRACTOR or identified by ENGINEER on
their behalf.
This Agreement will be effective on /nay 3 2005 (which is the Effective Date of the Agreement).
OWNER: ` tty of F ett
By:
Mayor
olo`��.��tKITR9 t,,
G•'��SY o, Lp
zU: F•ps
[CO1iETORlfp'PEI$EAIL ITE :
%9s•:'KANNee Jam,.,
N .
Attest �n^^ Attest Attest `" _
CONTRACTOR: C-2 PROJECTS, LLC
Title
Ce Or4lve SecL\
[CORPORATE SEAL]
Address for giving notices
(If FAYETTEVILLE is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
Accelerated Waterlines
Work Order No. 2
Address for giving notices
License No. 01 5 5 81 0 4 0 5
Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
00500 (6) Garver No. 0296-3500
Budget Year
2005
•
City of Fayetteville, Arkansas
Budget Adjustment Form
Department: Water & Wastewater
Division: Water & Sewer Maintenance
Program: Capital Water Mains
•
Date Requested
5/3/2005
Adjustment Number
Project or Item Added/Increased:
$544,391 is requested for the Gragg Avenue Water
System Improvement project.
Project or Item Deleted/Reduced:
None. Use of fund balance is proposed.
Justification of this Increase:
Cost has increased from the original budget due to an
extended time frame.
Justification of this Decrease:
Sufficient funding remains to comply with City policies.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Water line improvements 5400 5600 5808 00
Account Name
544,391 02129 1
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
Use of fund balance
5400 0940 4999 99 544,391
Project Number
Approval Signatures
Requested By Date
Budget Manager Date
Depart - nt 1 tor
Finance & Internal ices Director
Mayor
Date
Date
Budget Office Use Only
Type: A B C E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
Initial Date
•
•
•
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # S333842
AMA 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
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
CONSTRUCTION CONTRACT
Date: �t�"',��.."".........� aF{ii
Amount: SIX HUNDRED EIGILII�iyt,@)U'�' * ON: HUNDRED THIRTY-SEVEN AND 95/100THS Dollars (5688,137.95)
f;Hazardous Materials/Asbestos Abatement and Demolition for
st Square Redevelopment District #1
(J
5):
HUNDRED TIIIR'TV-SEVEN AND 95/100THS Dollars (S688,137.95)
IN None ❑ See Page 3
Description (Name and lC�
Q
BOND
Date (Not earlier than cpn
Amount: six HUNDRED Cal
Modifications to this Bc*
CONTRACTOR AS PRINCIPA4b,
Company:
Jimmy A. P
Signature
Nam
SURETY
Company: (Corporate Seal)
ployers Mutual Casualty Company
H
Signature
Name and Title
Name
lir
ait e:R5i4ert
(Any • •• tional signatures appear on page 3)
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
P.O. Box 251510
Little Rock, AR 72225
(501) 664-7705
other party):
Environmental Enterprise Group
220 North Knoxville
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
Mntrn t 372 110.1171
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 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 be de-
clared earlier than twenty days after the Contractor and
the Surely 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 Cont rant 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 Ariange 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 he 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 darnages 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 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 i( the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surely 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 fur 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, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or ii 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 PAYMENT BOND • DECEMBER 11384 ED. • AIA a
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 \EW YORK AYE. N.w' . WASHING1ON. D.C. NM
THIRD PRINTING • MARCH 1982
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 Cnn-
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
Company: (Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DICE\IBER 1981 ED. • MA ft
THE AMERICAN INSTITUT( Of ARCHITECTS, 1735 NEW YORK AVI., N.W.. WASHINGTON, U.C. 20006
THIRD PRINTING • MARCH 19A7
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: .•••a•rn=.♦♦♦
Amount: SIX IIUNDRED
Description (Name and Lo4ctr
BOND = Q
Date (Not earlier than
Amount: SIN IIUNDRED E
Modifications to this $orxth
0 PV �%
rtsiEcet
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
,,gNF. ,lllINDRED 7111 R'I'\'-SEVEN AND 95/IOOTIIS Dollars ($688,137.95)
If Hazardous Materials/Asbestos Abatement and Demolition for
1st Square Redevelopment District 41
O:
;I;ICII'l TIIOUSAN
.n
CONTRACTOR AS PRINCIPAL eer.gRKANSP`9, �'•''• '
Company: ltbtVdtatal)
Jimmy A. P
Signature
Name a
(Any a
ontractor, Inc.
0
IIUNDRED 'El -HDTV -SEVEN AND 95/100'1'115 Dollars ( 5688,137.95 )
onal signatures appear on page 6)
IX None 0 See Page 6
SURETY
Company: (Corporate Seal)
plovers Mutual Casualty Company
Signature �0� Ho
��"
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 AND PAYMENT BOND • DECEMBER 1984 ED. • AIA S
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVL, N.W., WASHINGTON. D.C. 2E006
TH:RD PRINTING • MARCH 1987
Contract 373 112.87)
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 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:
.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 ainount 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 42.3, 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 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA1
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEw YORK AVE 7:3v WASHINGTON. D.C. 20006
THIRO 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 SURETY
Company: (Corporate Seal) Company:
(Corporate Seal)
Signature: Signature
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 19134 ED. • AIA 3
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK .AVE., NAV., WASHINGTON, O.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 6
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGRF 'T) ON WHITE PAPER • BACK OF THIS DOCUMENT HAS A SI•""ATED WATERMARK - HOLD AT AN ANGLE TO VIEW.
C Insurance Companies No. '623124
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
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa 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,
LITTLE ROCK, ARKANSAS
its true and lawful attomey-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.
5. Dakota Fre Insurance Company, a North Dakota Corporation
6. EMC Property S Casualty Company, an Iowa Corporation
7. The Hamilton Mutual Insurance Company, an OhioCorporation
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 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 attorneys -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. Attomeys-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 attomey-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.
INMESS WHEREOF, the Comes have caused these ents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
day of
Seals
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€3 SEAL 4
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RUTA KRUMINS
Commission Number 176255
My Comm. Exp. Sept. 30.2006
Bruce G. Kelley, Chairman
of Companies 2, 3, 4, 5 & 6; resident
of Company 1; Vice Chairman and
CEO of Company 7
Jeffrey S. Birdsley
Assistant Secretary
Onthis27th day of 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.
ice................-.�
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
Notary Public in and for the State of Iowa
Companies, l td44i f f' "I"ag at,TAi'dMeg16R4 'I?4 drfatgle6
on behalf of
• . 1 . TIT , .•
-•TI 1
are: We and 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 subscnbed my name and affixed the facsimile seal of each Company this day of
Form 1832 (9/02)
"For verification of the authenticity of the Power of Attorney you may call 515) 280-2689.”
Vice -President
•
•
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # S333842
AIA Document A372
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
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
CONSTRUCTION CONTRACT
Date:
Amount: SIN HUNDRED EIGII'1'1-JWW 171901 .ND ONE HUNDRED I IIIR rl -SE \ EN AND 95/100THS Dollars (5688,137.95)
Description (Name and Loch of Hazardous Materials/Asbestos Abatement and Demolition for
$ Ppl6 •1\ast Square Redevelopment District #1
BOND Q O � C�
Date (Not earlier than iambfiction 4 0 S into:THIRTY-SEVENfr):
Amount: SIX HUNDRED C ll{.h71tLLi [7j'Ol■SJAN Sn�: HUNDREDTHIRTY-SEVENAND 95/100'r11S Dollars (5688,137.95)
Modifications to this Be _; i$ None 0 See Page 3
0 Z.
CONTRACTOR AS PRINCIPN.
Company: °'o,41,
•....
Jimmy A. Paton ractor, Inc.
Signature
Name an
Preside,
..
(Any adnal signatures appear on page 3)
SURETY
Company: (Corporate Seal)
Employers Mutual Cay1alty Company
Signatu re
Name and Title:
Carla Sue Hollis
Attornev-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 AND PAYMENT BOND • DECEMBER 1984 ED. • AIA d
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. NW., WASHINGTON. D.C. 2E006
THIRD PRINTINC • MARCH 1987
Cnnrr.c, 372 119.'171
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 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
3.3 The Owner as 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 he 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 i1 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-
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, and re-
sul:ing 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 • PERFOB.MANCE BOND AND PAYMENI BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN IN$TITUTF OF ARCHITECTS, 1735 NEW YORK AVE.. N.w , WA$HINGI ON, D.C. 2004 b
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 appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
(Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ID. • MA P
THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVI., N.W.. WASHINGTON, U.C. 20006
THIRD PRINTINC • 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 HUNDRED EIGHTY-EIGHT THOUSAND
Description (Name and Location's.,.` tt
•
Date (Not earlier than Cons tifct
Amount: SIX HUNDRED EIGHTS -r
Modifications to this Bond. •�
•
CONTRACTOR AS PRINCIPAL ,%)
Company: ••J•Co
Jimmy A. Pa
BOND
SURETY (Name and Principal Place of Business):
Employers Mutual Casualty Company
P.O. Box 8550
Kansas City, Missouri 64114
ONE HUNDRED THIRTY-SEVEN AND 95/IOOTIIS Dollars ($688,137.95)
Itg4 Hazardous Materials/Asbestos Abatement and Demolition Tor
� ,Square Redevelopment District #1
O•
•
1 'DRED THIRTY-SEVEN AND 95/100THS Dollars ( S688,137.95 )
•
None CJ See Page 6
1. SURETY
Company: (Corporate Seal)
Employers Mutual Casualty Company
Signature.
Name and Title: Carla Sue Hollis
Attornev-In-Fact
Signature
Name and
ractor, Inc. ••• �i�iv �• .••�
b 1/
(Any a.: Tonal signatures appear on page 6)
(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
MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA A
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVL, N.W., WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1987
Contract 373 (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 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:
.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 41 or Clause 42.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials
aterials 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 PAYMENT BOND • OECEm18ER 1984 ED. • AIA'
THE AMERICAN INSTITUTE 01 ARCHITECTS, 1733 NEW YORK AVE . N W, WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 5