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HomeMy WebLinkAbout177-07 RESOLUTIONRESOLUTION NO. 177-07 A RESOLUTION AWARDING BID #07-58 AND APPROVING A CONTRACT WITH JOE PERME CONSTRUCTION d/b/a PERME EXCAVATING IN THE AMOUNT OF $105,692.17 FOR RENOVATIONS AT THE CITY ANIMAL SHELTER; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $10,569.83. 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 Bid #07-58 and approves a contract with Joe Perme Construction d/b/a Perme Excavatmg in the amount of $105,692.17 for renovations at the City Animal Shelter. A copy ofthe contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, hereby approves a project contingency in the amount of $10,569.83. PASSED and APPROVED this 16th day of October, 2007. APPROVED: By: DAN COODY, Mayor ATTEST: Arkansas Mann m nhq ` •`G�E.RK/TR1'�.,', �a,°°c\SY Qt SGS ;V.0 •A. FAYETfEVILLE By: Yu Ywu G� _� sy"vGTO flt' ��. "unwne,,,. SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Bid 07-58, Animal Shelter Renovation Contract 1 This contract executed this i M day of Oeibber , 2007, between the City of Fayetteville, Arkansas, and Perme Excavating, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Perme Excavating, Inc. at its own cost and expense shall furnish all labor, materials supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid 07-58 as stated in Perme Excavating, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid #07- 58, all included herein as if spelled out word for word The City of Fayetteville shall pa Perme Excavating, Inc., based on their bid proposal in an amount not to exceed $/05, ( l/2- r / . Payments will be made after approval and acceptance of work and submission of invice. Payments will be made approximately 30 days after receipt of invoice. The Contract documents which comprise the contract between the City of Fayetteville and Perme Excavating, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 07-58 with the specifications and conditions typed thereon. B. Perme Excavating, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Perme Excavating, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Perme Excavating, Inc. 5. Perme Excavating, Inc. shall not assign its duties under the terms of this agreement. 6. Perme Excavating, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Perme Excavating, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Perme Excavating, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Perme Excavating, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. City of Fayetteville Bid 07-58, Animal Shelter Renovation Page 1 of 2 Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,00.0,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Perme Excavating, Inc. 8. Perme Excavating, Inc. to fumish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Perme Excavating, Inc. with 10 days written notice. 10. 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, the 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 photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: 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 off the change in scope, cost or fees. �44 WITNESS OUR HANDS THIS , DAY OF ©�,�thher , 2007. ATTEST: CQMP�NY SECRETARY iQ74{ s. ,_( o.. r+acea.t i`7c 7 2 ? o 1 BUSINESS. ADDRESS City of Fayetteville Bid 07-58, Animal Shelter Renovation Page 2 of 2 OF FAYETTEVILLE, ,.,`` RK/TR ',% KANSAS �• C.I\ • 'TY - ahs: G� F =�: U F� e eFAY ETTEVILLEl te• r9R PS' K •c.:7 ••6 Gp.•• uuuuua" DAN COODY, Mayor A Sondra Smith, City Cle d—EONT CTOR .pO BY 3x fee"4. Vrcc-rlessehk NAME AND TITLE Greg Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 10/16/2007 City Council Meeting Date Animal Services Division Action Required: /07/4/02 /77. kehtPannew Police Department City Council to approve a resolution awarding bid number 07-58 to Joe Perme Construction for the Animal Shelter ceiling and lighting project. 116,262.00 Cost of this request 4470.9470.5400.00 Account Number 02046.0609 Project Number Budgeted Item X 326, 386.00 Category / Project Budget 191,316.00 Funds Used to Date $ 135,070.00 Remaining Balance Budget Adjustment Attached Animal Shelter Lighting Project Program Category / Project Name Building Improvements Animal Shelter ceiling Replacement Program / Project Category Name Sales Tax Capital Improvement Fund Name (oepartmen(birector C DD City Attorney Finance and Internal Service Director rret Mayor Comments: 4 en 0z Date 10 It 167 Date 0 Date hz Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office ENTEREiI Ph /a7 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT TO: FROM: DATE: SUBJECT: Mayor Dan Coody and Members of the City Council Greg Tabor, Chief of Police September 28, 2007 Animal Shelter Ceiling/Lighting Project Recommendation: Council approve a resolution awarding bid number 07-58 to Joe Perme Construction for the removal and replacement of ceiling, insulation, lighting, ventilation and intercom systems at the Animal Services Shelter. Background: The current ceiling, lighting and ventilation systems have accumulated mold and pathogens that have lead to a potentially hazardous environment for both employees and animals sheltered in the building. Discussion: This project will consist of demolition and removal of all existing ceiling grid tiles, track, and insulation from the Animal Services Shelter site. This includes complete clean up performed per any OSHA and/or CDC guidelines or specifications for this type of work as well as installation of upgrades to the lighting, ventilation, and intercom systems. The removal of the materials will keep the interior open and free of materials that attracts mold and pathogens. Budget Impact: $116,262 from the Sales Tax Capital Improvement fund. FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET FAYETTEVILLE, ARKANSAS 72701 (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 PHONE: 479.587.3555 FAX: 479.587.3522 61 N A 3 _3 Q N DI �^ 0. 0 0 x rt O 0 c o w U, J V 0 0 o p. a o O N L a CD N 0) 0 O m m CC d CC, x n O 0 7 0. .0 Z -tea a O O N 0 OD O -pa a a NW O O O a 4, 10 N O UI 01 UI O O O O 0 O N a CD 0 O COD 0 O - N Cl O CD o N O J O V O o. • � 0300 N o .� V Tni 0ND I m r m Vt I I;:.T_.T:7__t;t;:r .):4.:i:.:. . :..:._ .:.: I • RESOLUTION NO. A RESOLUTION AWARDING BID #07-58 AND APPROVING A CONTRACT WITH JOE PERME CONSTRUCTION d/b/a PERME EXCAVATING IN THE AMOUNT OF $105,692.17 FOR RENOVATIONS AT THE CITY ANIMAL SHELTER; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $10,569.83. 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 Bid #07-58 and approves a contract with Joe Perme Construction d/b/a Perme Excavating in the amount of $105,692.17 for renovations at the City Ammal Shelter. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Project Contingency in the amount of $10,569.83. PASSED and APPROVED this 16th day of October, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer r City of Fayetteville Bid 07-58, Animal Shelter Renovation Contract bele This contract executed this/ day of lJ(i"�beJ, 2007, between the City of Fayetteville, Arkansas, and Perme Excavating, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Perme Excavating, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid 07-58 as stated in Perme Excavating, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid #07- 58, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Perme Excavating, Inc., based on their bid proposal in an amount not to exceed $ j P9S 6 7 2 . Payments will be made after approval and acceptance of work and submission of invoice. Pay ents will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Perme Excavating, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 07-58 with the specifications and conditions typed thereon. B. Perme Excavating, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. These Contract documents constitute the entire agreement between the City of Fayetteville and Perme Excavating, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Perme Excavating, Inc. 5. Perme Excavating, Inc. shall not assign its duties under the terms of this agreement. • 6. Perme Excavating, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Perme Excavating, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Perme Excavating, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Perme Excavating, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. City of Fayetteville Bid 07-58, Animal Shelter Renovation Page 1 of 2 Workmen's Compensation Comprehensive General & Automobile Insurance Bodily Injury Liability Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Perme Excavating, Inc. 8. Perme Excavating, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Perme Excavating, Inc. with 10 days written notice. 10. 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, the 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 photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: 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. WITNESS OUR HANDS THIS DAY OFet ber , 2007. ATT„ ESJ: COMP»Y SECRETARY cti&I4j� e4rtc i 8 ief 5 Ons..t Or-. reGyeAufic, r 71 Za f BUSINESS ADDRESS City of Fayetteville Bid 07-58, Animal Shelter Renovation Page 2 of 2 ITY OF FAYETTEVILLE, RKANSAS Att Sondra Smith, City Cle ++++,n:III nro ...+.Ft1VTR...'.%,. to: A ; FAYETTEVILLE •• '- %9;$1• :91f 4 N S,?°%•)‘*‘ 'i ift/GTON C, ' aumuu++ CON CTOR,// � BY Joe re-r•••4_✓'CQ rtes Jtick NAME AND TITLE (10.19.07) Clarice Pearman - Res. 177-07 Page 1 From: Clarice Pearman To: Tabor, Greg Date: 10.19.07 10:17 AM Subject: Res. 177-07 Attachments: 177-07 Joe Perme Construction-Excavating.pdf CC: Audit Chief: • Attached is a copy of the above resolution passed by City Council, October 16, 2007. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice From: FAXmaker To: 14795758257 Page: 2/9 Date: 11/2/2007 3:00:05 PM •-•1-•THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ACORD, CERTIFICATE OF LIABILITY INSURANCE °"'1'1/01/07 PAIGE PRODUCER 501-6647705 Ramsey,Krug,Farrell & Lensing 8315 Cantrell, Suite 300 THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON HOLDER. THIS CERTIFICATE DOES NOT ALTER THE COVERAGE AFFORDED BY THE AMEND, OF THE POLICIES INFORMATION CERTIFICATE EXTEND OR . BELOW. P.O. Box 251510 Little Rock, AR 72225 INSURERS AFFORDING COVERAGE INSURED INSURER A: Ohio Casualty Perme Excavating, Inc, lNSJRERB: 5917 Ivy Lane NSJRERC: Harrison, AR 72601 INSURER D: - 1 INSURER E: •-•1-•THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NOTWITHSTANDING MAY BE ISSUED OR AND CONDITIONS OF SUCH POLICIES BE CANCELLED WORE THE EXPIRATION WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN PAIGE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMPA/DOPFY)LVE POLICY EXPIMM!DAT'ONLT _DATE IMMIRATIOI UMITS nlnSI 1000 .. a ,to ren nr A GENERAL LIABILITY BK053522083 9/01/07 9101108 EACH OCCURRENCE 6 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any ane 11:el 6 100000 CLAIMS MADE X OCCUR MW EXP (Any one Person) 6 5000 PERSONAL M1 ACV INJURY B 1000000 GENERAL AGGREGATE 6 2000000 GEN'L AGGREGATE LIMIT APjP''L'I'E'SPER: PRODUCTS - COMP/OP AGG a 2000000 POLICY � 1 I LOC A AUTOMOBILE LIABILITY 8AW53522083 9/01/07 9/01/08 COMBINED SINGLE LIMIT F ANY AUTO IEa accident' ALL OWNED AUTOS BODILY INJURY Pa X SCHEDULED AUTOS Person) X HIRED AUTOS BODILY INJURY E 1000000 X NON -OWNED AUTOS (Par PecMg1l PROPERTY DAMAGE 6 IPri accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT 6 . ANY AUTO OTHER THAN EA ACC 4 AUTO ONLY: AGG 6 EXCESS UABIUTY US053522083 9/01/07 9/01/08 EACH OCCURRENCE 6 1000000 A OCCUR n CLAIMS MADE AGGREGATE 8 1000000' 0 DEDUCTIBLE 6 RETENTION $ - e COMPENSATION AND XW W53522083 9/01/07 9/01/08 C STATU- TGWRr unys OTH- ER ER ER - A WORKERS EMPLOYERS' UABIUTY E.L. EACH ACCIDENT > 1000000 E.L. DISEASE - EA EMPLOYEE S 1000000 . - E.L DISEASE - POLICY LIMIT 0 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED'BY ENDORSEMENT/SPECIAL PROVISIONS REFI BID 07-58, ANIMAL SHELTER RENOVATION L:CN lJrl6R le nVLYcn AuenmNAi mount.., e.au...... %.. ...... _-....w__..._.- CITY OF FAYETTEVILLE 113 W. MOUNTAIN STREET - FAYETTEVILLE, AR 72702 I SHOULD ANY OF TIE ABOVE DESCRWED DATE THEREOF. THE ISSUING INSURER NOTICE TO THE CERTIFICATE ROUTER NAMED IMPOSE NO OBLIGATION OR UABILTY OF POLICIES BE CANCELLED WORE THE EXPIRATION WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN TO THE LEFT. BUT FARMRE TO 00 60 SHALL ANY KIND UPON THE INSURER. ITS AGENTS OR AUTHOR I,"'Atf, UU A nlnSI 1000 .. a ,to ren nr ACORD 25.5 47/971 1-28 PER59115 - 065586 CO From: FAXmaker To: 14795758257 Page: 3/9 Date: 11/2/2007 3:00:06 PM • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policyliesl must be endorsed. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsementls). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insureds), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25•S 17197) • From: FAXmaker To: 14795758257 Page: 4/9 Date: 11/2/2007 3:00:06 PM THE AMERICAN INSTITUTE OF ARCHITECTS Bond # 1000050. AIA bowmen( A312 Performance Bond Aoy•singular retecence to Contiattor, Surety, Owneror. other party.hatl tie considered plural I:ate:applicable. CONTRACTOR (Mame and Address).:: PermeExcavating, Inc. 5917 Ivy Lane Harrison, Arkansas 72601 OWNER..(Name: and. Address);. City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, Arkansas 72701 SURETY (Mame and Principal Place of Business): Mid -Continent Casualty Company P.O. Box 1409 Tulsa, Oklahoma 74101-1409 CONSTRUCTION CONTRACT Date! i0!16/2007 Amount;. ONE HUN ORE!! EWE THOUSAND SIX HUNDRED NINETY-TWO AND 17/100THS Dollars 15105.692.171 .00501.4113D-StIl 110:tecadati)t Animal Shelter Lighting Project,1640 S. Armstrong Ave., Fayetteville, AR 72701 :BO.NO Date (Not'ear(ier'thah Consituetion 'Contract [)ate): 11/01/2007 "Amount' ONE HUNDRED FIVE THOUSAND SIX HUNDRED NINETY-TWO AND 17I100THS Dollars ($105,69237) Modifications to.this _Btiiid . IN None 0 See Page 3 CONTRACTOR AS PRINCIPAL -SURETY Company: ,(Corporate.. Seal) Company;: (Corporate Seal) Perme Excavating, Inc. Mid -Continent Casualty Company ;Signature i Name and .Title: ar._o'n:; , {Any additionak signatures :appe page3) Signature:. Narne':arid Title;. Carla S. Hollis Attorney -lo -Fact (FOR ,NFORMATIO1•1 ONLY :Name, 'Adthess andtelephone) ACENT`or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Ramsey, Krug, Farrell & Lensing other party:: P.O. Box 251510 Little Rock, AR 72225 (501)664-7705 MA DOCIJMEH .. A312:+1.RFORMANCt BOND A140-yP0.ME1.1 $OND • 11EtEMaER1934,ED:.AIA 0 111. AINERICAH.INS11W1F. OC ARCkITECtS. 1735 NLW YORK -AVE., N.W.,, WASNWGTOH,1).c., ante: THIRD. rRIHTING • MARCH tier _ Contract 97R t12,07/ A312 -i984 1 From: FAXmaker To: 14795758257 1 The contractus and dtie Sutetyi jointly and severalty,. blid themselves, then heirs, executors; a drrunriirators, successors and.asthgns.tolhe Owner dor the peiforrmdce • dithe:Conslruetiga Coglract; Whiciiisincotperrated herein: byreference:: 2 l'f.the:Contrattorperforms fhr±Con troction-Ci?ntraCC. flie::'Syrety arid:!. he Contractor Sttall.iiave no obligation under this Bond',. except to-,partrctpate in confererizes as prOGided m Sotiparagtaph3:t :3 if'there $s •no Osvner Ciefauit The -SO fetyi'obhgation under this Bond shill atise• after: 3:1 The Owrier:haS notihed the COritiactor4art the.. Surety at its--;address-descnbed to Paragraph 10{beto}v that the'Owtier li cOniidermg ilecleiing:a ebritrattor Oefautt and-itas• requested and 2Ne_rhoted to arrange: a. • conference -with the Contractor and`the Surety:.to.bc held not,.tatetihan,:fifeen'days'aher- receipt. of such notice'todiscuss meitiods•of.perforni'ing the'Construc; gory Contract:Al-the Owner:.ihe Gontractorirtd The Surety agree, the Cont actor shallbe.allowed a _reason able time Iv *ertorni:; the Construction Contac rbui sgch :an.agreement shalt not waive. the Ownees•right>;if arty subsequently to detract a Contractor Defaph;; and . The Owner has,declared a Contractor Detauit and ioimalty tertrimatedthe;Conttactor.s.right•to corhptete the caotrap•.5uctC•onfracter Delaitft shall not be de• e ared:arlier than twentydaysatter:tliibit:Ogler and theSurety- have receiver notice as Orthrded:th Sub- :paragraph,3�l; ;and 3:3 The Ownernas egreed to pay theBalancg:af'ihe_ Contract Pfice to the: Surety in actbtdance v ICN :Ihe - •ierms od the:Contruaion Gfntract_or to d contractor .selected to perform the:ConsiructidA.Contrecf in atter'. dance With:the. terms ofihe:coptract1Nrihe'Owner. 4' .When the Owner lias:satisfied the'condhions,df Para. graph' the_Surety shall;promptly athe Surety's n - pence take one df the 1olirmmgacndat tions:. 4a grrange:for the' Coritrattgr:.with consent b(:ahe Owrre�, •io:;petform..and complete;_dir Construciiori .COntraet.i or '41 Undertake loperfoimandxomplrtethe:Construt- tion Coribatt:itsei(,jhrftugh tti.agents or thrpugh fhde- .pendenF;Contratto.rs>Or 4.3 {ibtabn,.b'kds :or aegotfated prbpdsals from •qualdted ,contractors•,aaeptable to the Owner:fur;a ;contract (ur performance and cdmpktton of.tFrecon- •stmetton Contract: arrange, for a;mntract to be, pier .pared'fofexecu ion.bythe Ownetand;the contractor, selected with the Ownefl eonciurencc, to be'.secuied: with petioetnance anientd%payrrbonds executed gaaltfed surety eq fnatent to the fronds ssued ori the. Construction ConUact, and pay to the Owner. the :ariwU'nt.of.da iiges.as 3bedsin'Paragrapht .n;ei;• ce$s ofthe Balance bf thtContiSCtP4te incurred by'the t?wner re;ulhngdrum_tire Coritractor.s default; pr: 4:4 Waive.0s right t0;perform 2nd compfe e,,arrarage for compleficini or" ehtaih a hew dintr'actor and With .teasetnable,profitpbness tfndCr:the:etreumstaneei: • .1 iter IPveitigation;;detefshine the:aiftauntfor. Page: 5/9 Date: 11/2/2007 3:00:07 PM :which ktri0•y br_liable.tothe Owner and, as soon es practxcable.after the amount is deter.. :mined, .tender: payment therefor 16 Atte .2: Deny Itabil'ity n whole oriin part andnoiffy. the Ownerc ting reasons the•refor. • 5 If. die.5t t.ety does not proceed'as provided'in:Paragrapb 4 with reasonable prortiptness, the Su rety,Shall be deemr~d to be !n.defauIt oh thiklond fifteeiti:days after receipt of.an additional wri tett notice froth the. Ownersurety dernanding'.that the Su{ety;perform ilsdbligations':cinder this Bond,_and the Owner Shall be entitled toenforce.any remedy .availableto;the Owner. If:the Surety'proceedS as prcE14ed3n. Subparagraph 4A, andthe Owner refuse the payment,tehdered...di: the Surety has denied liability, in whole or inpart, without furthernotice the Owner shatibe entitled -to -entente.. a ny .remedy :to the Owner - B: After*ie Owner has terminated the Contractor's right ;fo.comptele the cohsirutlloectcroirec.. and.if;the Surety elects 30 _act under •5ubp4ragraph:4 r 4 2, oto 3. etiooe, then the--.'4ipiodP ibilities ol.the:SuretytotheOwrfer shall not be..gteater than;:t mse' of the. Contractor under the -Construction Contract and the responsibilities. oT .the OLvge to,flieSuretystrollnisi.be:grease[thanthPse;of.tbe :OwnerCinder the. Construction Contract to the hmit:ofthe amouncuf'ih+s 13bnd, but subject to rominithlent by the Owner of thetalance_oi the Contract Prtc•e tQ mitigation of costsand damages on the Constcuctton Contract, the Sure- ty• is obllgatedwithoni duptcahoi fort. sit The responsibilitieS.ofith&Contractarfor cticrec- tion of defect r:e work and;compietion,ottEie•Consi uc- tioniComrace 6:2 kddibonal'iegai, design professional.and delay. 'costs resalting:.frpm'otic Contractors Oefau t . acrd sutting,from the+tctlons:orfailure:to act of: he.St,rety andel Paragraph 4; and b.3 i:Iqurdateddarnages of it no Gqufdated damages` -are specded in:the Construction Contract, actual darn• ages'jcaused )v-er ayed. performance.;or non-perfor-- chance;. fthe Contractor; 7 3heSuretysftafhoibeirabte:foihatWnergibtlier5(or• ohIIgaimnsonhe Contractorthalare unrelated to the Con- ,struction"Goatitri and the; Balance of the. Contract Price shag„notbe duced,ar set-off en.accdunt: of -any such. ueirelated;;obligationsi No rrghtof action.shali accrue-oR. this 6.9.48 .16 Any person or entity other Thai) the Ownerbr • iis.hejrs„executors'-:administrators or successors. 8 .The:Su reticherebywaf0es.notke of any chaiige, includ- ing:'changes et-'timeh to *he`ConatrutI1On Contract o; to relaletfsubcbntiacts: purchase *niers and other obbga- 9 Any proceeding; IeBaI or,e unable._.pnder this.Bnnd r%iay.be:. nab+ufedrtn any lout of cotnpetenC}ur sdretiiin i i. the k cation m which the work.ar.part of the work 1s located :and sha I'ibeanititute$.within'two-years after Coptract(>r Default or wtihin two yeah: aft the=lcbnlractor ceased •working or withi if%vp years aper the Surety refusesor fails: to:pedorm us_otil gat"ions underthis:fBond, whichever oc- turs firs♦;,: ff .the provis ions of•this Pasagrap.h are void yr .prafiiblted by taw,atie mlhiritumtperiod:of limri ttatioa4ail- AtA.pb UMEM. A7t2. _ PERibRMhatIEONb Mdn P.*AfNr &.'k.t3 • 'iE�CEmet 19aa Eb rii�:S :rHE Antro» N4.tiis3n sot: Cie wftortrrets., 4735.r.'tW YORtt AVF M W:, LVASNINGIJN� I) 2aagr 1'NIRO iBtivriNCh MARCN:a961 ' A312-1984 2 From: FAXmaker To: 14795758257 aljle':to:Sureties:as;a detente iC'ttte:JUr Sdititottof the 3Uit Shall"he applicable:: to NoocetotheSurety the Ownerorifie:ConiraclOrshall tie .mailed order vered:.ta .he addressaKown-..orithe3ig . • haturepage-: . 11'When Mit Bondhasbeenfurntshed.tocomplywith:a statutoryr ooth'etlegal requiremem n The location where • he corlstrutaon was to.beperformed, aftyyprovision Ih thit tlotxl`Confltcting•w th saidstatutory or legal requirement shall .be 'denied `beleted herehom and pro isroris•con' .forniing to iuch.siatutory orother legal'requrrement shall be:;deertled.;incorparated herein Theante t is that ,this • 136nd:'shan be s oristri ed•'as ;a, starutory:bond ann. notas- a: -camman iawhotid: '12.1 Balante of tbe:Contracrp ice:_Tbetbial ariirwei payable by'the Owner ito the Contractor under. the Construction ContraeVafter:ai prdper adp stments 'lave.been'made; rnelt4i .affuwance to.thc'Con= 'ApapipcATIQNS TO THI$ BOND ARENAS FO11 W5 Page: 6/9 Date: 11/2/2007 3:00:07 PM : tractor of artyattoyme received or tribe received by the Owner in settlement atinsurence or:other dairns for damages, tOE 1hich the Contractor is emitted; re- duced by all validand Proper .payments.Mane to or On - behati the Contractor:briefer the Consttecties0 Con•. tract. 112 :Censtructlah:Contract .Theagreementbetween the Owner•and the COntrattot identified on thea g- natti a page, Including. all Contract 1)&intrenis. and Changes thereto.. 11.3 'Contractor Default: failure of the, Contractor, which,has neither bneereriiedied not waived to.per- fordl or otherwise to Comply with: the terms of the CPAStnKtinh CoMra[t• ty4: aTyner17efauh Paiture,oftheeerner;Whicttiias Wertheir been rzinedted hpr waived;: to pay the Cirn- tractor as required by• the Cons ruction Coe tract or perform and complete orco.Tnply W..ilh the: otherterms thereet: AS.pace.i5 proyRled.belo}v.for additlonal'Sigrtatures:otadded parties, other-dwn,those appearing on' 00:CPver.page4 COIJTRACrfD,AS fltNCtPAL, StiltEi;Y • Cornpprry:, `.Company: dCorporate Seat) Signature tgnauTQ: • Name and iiile5• Name and Titte.: Address:. Addres; '(Goryorate:Seall :AIA VaCUMENT A3!2 pERr,O_Ittot: fN� aO.An'D'PAY-' 1 BONG Olat'Al . 19E::EO A1AS ',THE'AMtRtCAN 1N$T1Tl.?E, pF a011ECri,'1735 tatW YbR&:AV:NER I . W,. W P WNCtON; U C.2a00b :T/ngi timi1NG &Wok. 'r9a7 A311-1984 3 From: FAXmaker To: 14795758257 Page: 7/9 Date: 11/2/2007 3:00:07 PM THE AMERICAN INSTITUTEOF ARCHITECTS Bond # 1000050 AIA Oocurtient A312 Payment Bond 'Any 3ingUlarTeteiencC to. Contiactar, 50ietyi:Owner Or other..party shall be 2odsideied plutal Where:applicable. CONTRACtOR:(Natne and Adcres.S)_ Perme Excavating, Inc. 5917 Ivy Lane Harrison, Arkansas 72601 OWNER (Nance and P ,chess);; City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, Arkansas 72701 SURETY :Nitro :and:Principal place of.Business): Mid -Continent Casualty Company P.O. Box 1409 Tulsa, Oklahoma 74101-1409 :CONSTRUCTION CONTRACT pate; 10/16/2007 Amount: ONE HUNDRED FIVE THOUSAND SIX HUNDRED NINETY-TWO ANI) 17/100THS Dollars ($105,692.17) Oescription. (Name and Location): Animal Shelter Lighting Project, 1640 S. Armstrong Ave., Fayetteville, AR 72701 BONO. Date (Not:earlier than:ConsttUction Co»tract.Date)s 11/01/2007 AmOUnii ONE HUNDRED FIVE THOUSAND SIX HUNDRED NINETY-TWO AND 17/100THS Dollars ( $105.692.171 :Modifications tb._this Bondi IX None 0 -See Page -6 CONZRAGToR AS PRINCIPAL_ 'COmpariy:: Penne Excavating, Inc. •(COrpora'te'Se; SURETY ) Com,parxy: Mid-Cnntineot Casualty Company S(ynature; . :Signature'. Name and Title:' Naine:and Title: (Any additional signatures appear iage 6) .(Corporate. Seal) Carla S. Hollis Attornev-In-Fact ffOR-INFORMATJON ONLY .Name Address and Telephone) AGENt or BROKER OWNER'S REPRESENTATIV:E',(Architect, Engineer .or Ramsey, Krug, Farrell & Lensing other patty): P.O. Box 251510 Little Rock, AR 72225 (501)664-7705 'AIA Docump t'A311 115:ft RMANe t SOYD AND PAYMENT BOND • I CEAtaER:i96{ ED • N." TMt AMERIUN IN$71rUTEi: OF,MCH 1rtECT07— NEW YORK AVE BON.? wasna Cron 'G 40P06 "M4 /.•rn•Nillic AIAR04100: • . Contract 3 i3.(kalt A3111984. 4. From: FAXmaker To: 14795758257 1, The Contractor and the:SuretYjointly and,'seyerally; ..bind. themselyes their heirs executors • administrators; successors:•and assigns'tothe Owiner to pay .for labor; materials and equipment _furnisised for use in: the perfor mance of the Construction Contract, whtcfi is' incot,po rated herein bq re'fereh&e.: 2 -With:'respect tothe Owner tliis obligation-16Sn. be ;null and void if the.Contractor: 21 promptly rakes::payments-directiV orindirectly, 'for all shins due Claimants, and 22 befends indemnifies and holds harmless the Owner from daims< demands . hens or suits by any person or entity whose claim :demand, lien or suit is for the:paymentforlthat rp eerie IS. Orequipment:fut• niSfiett loruse in tke performanceof the Construction Contract, provided the, Owner has' promptly notified :the Contractor and the Surety rat- -the ..address. described: in Paragraph 12) of any claims, demands, . liens of..suitY and tendered defense of sti h -claims, lensands . liens of suits to the Contractor. ,and the :Surety and prCvrded:there is »o` coiner Default: g : With respect to Claimants this obligation shall be null andvod. If the Contractor.prornptly riiakes'paY- ::ment, directly:or indrredly; for. ail cutis due: 4 The :urety shall:I'haye no obligation, to ;(laimants under thii Bond utit • 4.1 Claimants who•are employed by or have_ a -direct. ''tont actwith the Coniractor,have.given notice to the :Surety la! the address described in Faragraph 12) and: sent a Copy w notice: thereof to'the Ownet, stating that a cairn.h being made under'this Bond and, with- substantialaccuracy,;the anioont'of the Claim. 4.3 Cla meats who do• not ;have, a; direct contract With the Coiittactoi i Haveftrrnished written notice to.the Cvn- fracttx.ard"sent ropy,: or notite`.tfiereof,::to the fawner, tnthm 90,:clays after heving Iasi ;performed'labor or.last furnished trraterials qr. ;e uipnteeit•igduded..in the claim :stating, with :substantial accuracy; theamount of the chilli. :.and •the. name of the party to whom the matenafs'Were turntShed or sic , led ortfot whom the labor W asd'one a permed, and. Have either received. aretectionin. whole:or .114h010: part1rorif-theConeractat, or:not receiVed- within 30 days of furnishing theabove no;• Lice any corrirnumcation from the Contractor by which the.Contractor has indicated the -claim.wih'.bepaiddirectly4c ndirectty;;and Not 110.10g'been pau3 witnirit ieabove. 30 ;days have Sunt a wntten notice to the Surety: fat the.address described inParagra(1h13)End .Senta copy: or notice ihemof. totheOw'*r :statingthata ctaiinas bemgmade underthis Bond and:,el1eIosing.a copy of the previous- wntten notice LfUrnishect.to the Contractor. 5' if a'notite requiredby;paragtaph 4 ti given by'the: e net; to 'the Contractor or to., -.the Surety,: that is suff1- cient•cornpliance. ix Page: 8/9 Date: 11 /2/2007 3:00:08 PM s• When the daimant. has 'satisfied. the. conditions. of Paragraph 4, the: Surety sf+all pre:400 y and at the Surety's expenie'take the fiiUbWing actions; f, 1. Send an,answer te'the Elainiant; With a copy.to: the Owner,. within d5 days after receipt.o€ thectarm,. stating the amqunts that areund+sputed and the.basis fa chahengngiany amounts thatare:disputed: Pay•d arrange for payment pf:any undisputed amounts. 9 The: Susely's, total obligation shall not exceed the. amount.of this t3ond,'dnd theainountof; this:Bond shall be. creel ted for any paytnentt made in good faith bythe Surety.: 8` •6mountsowe0 by the Owner to theCoritractoi'under the Construction Co'titract:thaU.:be used for the perfor- Marc-Oafthe Construction Contract and'tosatisfy th ms, if any,•pnder any Construction Perforritance Bond: By the Cgntrattor furnishing and:the Owner accepting this. Bond:they agree that all. ftold 3 earned by.the Contractor: m the'performaiice of the .Construction Contract ate dedicated to satisfy tphi gations -Of .the Contractor and- the Surety underthis Bondsublect to.the Ovine s prior- ityterruse the. funds for she completion of the work. 9 The::Sumeyshall not be liable to the Owner, Claimants orathers:for obligations Of the Contractor: that are tinrelat-• ed to the Construction Contract The, Owner shall riot be, liable for. payment ef any costs br expenses•of any Claim- ant under this Bord, and shallhave undei'the Bond bd'obi', gation_s to make,pagments:to, give noticesn b oehaif.of. or othervvise haye.obligabons to Claimants under this Bond. 1OThe. Surety• hereby• waives •notice of any :change, mdudingchange.SO time;'to the Constriction Contrate pian related subcontrace9.:purchase-orders and:other obligations. 1 Y N'a': surf or:.action shall be •commencet by a Claimant undercthis Bond»thPr than 0 a Court of _competentiui i - diction in the :location in which the work or part of. the. work is located:c after the expiration of one year From the date;(1) on which tlie'Claimant gave the notice required by Subparagraph 4,7. or.Clause• 42.3; or.t2-on which; the last labor orserv+cewas performed.by anyone oethelast'rate- rials -or equipnieritwere furnished by anyone under the coir structionContrad,.whichever of 111or 121 first occurs. if. the:. Prov 5ians.of. ttl+s•Paragraph.are void or. prohibited.by Iaw, the minimum pend of limitation available to sureties. as -a defenseps the.:lurisdretfon.ofthe sutt;shafi be applicahfe. 12 Notice to the Surety..the Owner or. Contractor sltall'bemailed :or delivered:to the address shown tin tile. signature.:page,.:Actual receipt of notite.#iy Surety; the Owner: or the Contractot.(however accomplished,; shall be sufficiettconipiranceas;of the:datereceived at the. .address shown':on the signature page. 13 WhentehiS.Bond has-been furnishecho comply_with a statutory:or other legal requirement In the location where the:construction was to be.performed,.any,provision in this Bonn conflrctingwith said statutory'orlegal requirement shall be -Cieernefideetedi herefrom and ,provnbns. con- formng to such.;Statuto y.or ether:fegal regulrement:shall be deemed incorporated: herein: The intentaS.that dhii, AIA OpCUMEHr•AIl] � eEiirOAMANCFBDND MP:P...5'01f In BOND! DECEMRERI9U:Ea:•.AiA✓• 'ink AMERtCMr'II STITU(E.oP.4RCHITEGfS. il4S19EW Y,ORI AVE„N.W_ WA5N1NGtQN,QS. 10Od,: :THIRD. P.RPnii,.ic • ihN. RCH 1917. A312.7R.84 'S From: FAXmaker To: 14795758257 epnd shall be; construe4, as.a statutory. bond.and not a5 a. orrimon law bond. 14_liponreguestbyanypersonocertb!yappearingto.bea, potentia) bin effetary of Ibis Bond, the Cohtractpr sh'ali` promptly.furnjsh.acopypfibi. eondor:sha11permitacopy tpbe made 't5. Off1MT1ONS •15 1 Claimant -An individua)or ent tyAaving:,adkect �onlractvaithihe Cori&kfiYrorwiEh:a 5ubcamractorbf the Contractor.10 furnish labor, materials flrequipr hent fair use to the farmariee•ofthe Cohtiact,•The ntent of this tiond:shafl:be to inquire Without limits--. tion In the terms '1abor materials pr equipment? that pati of water gas,'*mer lig){,:heat oil;'gasolme;. 3elepfioneaerSice•.dr rental :equipment..y*Ican the: :Ii1ODIFICATIQNS"TO T 115 BOND ARE M FOLLOWS: Page: 9/9 Date: 11/2/2007 3:00:08 PM Construction Contract; architecturaltand engineering sa rvices required: forpertorMae M• he'.work.otthe Contractor and ibe toithactor's subcontractors; and all iofher Uem6for which armechanit(s: lien may. be asserted Ih the jurkdtcuon where•the labor, materials . er:equ pment were furnished: 154' . COnstreetig rContract. The agreement between. the.0wrrerand the Contractor tdehtifled On1he nature pager inctuding:all Contract: Documents: and changes thereto: 15.3' Ownor Defau$ , Failure 010Owner which has neither beenrerimedted nor'waived; to$ay rite:Coh,' tractor as Tequired by the: Construction Contract onto perforin and c0A'iplete ar comply wiih:ihe•other fans theiebf. ESpace is provided below for 4dAitional signatures of added,parnes; other than :those:appea . 5,012fTY` CJpIJTEfACTOR AS PR+IyGEP.At Company_: (Corporate Seal) Company: Signature; Name arid tide: Nameand Tide Nadress: gild_ iess:; . ing.on be cover mel '{Corporate: Seal) Signature;. .. ................... . __ .... . DOCUMENT Aatl ptgreRMAoct:BOND RND.P.AYt:1ENT Bono•• DECEMBER 1444•@ Al SS. `THE AMERLCM4 iNSTUTUYE-Of ARCHITECTS,: 1715 NF'wt Yr3RK AYE., WAY 4, WASMINCION 11,;.20006 C. TlitttO:t!RINitN,t .**44CH 19x7= A312-1984 6 • Coy Hurd Subm City of Fayetteville Staff Review Form Staff Review Only Building Services Operations Division Department Action Required:, The action required is for the appropriate Staff to review thi$Change2rder and to forward to the Mayor for signature (please refer to the attached memorandum). $ 5,080.00 Cost of this request 4470 9470 5400 00 Account Number 02046.0609 Project Number Budgeted Item XX 290,197.00 Building Improvements Category / Project Budget Program Category /-Project Name 128,825.00 Animal Shelter Funds Used to Date Program / Project Category Name 161,372.00 Sales Tax Remaining Balance Fund Name Budget Adjustment Attached Department 11 irector 'Paid Q . — Finance and In emal Service Director o (7 S Previous Ordinance or Resolution # /77-07 Date Original Contract Date: Itolefr Original Contract Number: Date 3- It-og; Date Mayor Date Received in City Clerk's Office ENTERED 1 Received in Mayor's Office E/NhAEO p ;dir/ Comments: Revised April 16, 2007 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM TO: Mayor Dan Coody THROUGH: Gary Dumas, Director of Operations FROM: Coy Hurd, Project Manager RE: Change Order One, Animal Services Project DATE: March, 12, 2008 Recommendation Staff recommends that Mayor Coody sign the attached Change Order adding $5,080 to the present contract for renovation work being completed at the Animal Services Building. Background For some time, work has been needed at the Animal Services Facility. Most of the work being done there involves the installation of more efficient and effective Tight fixtures through the kennel area. Other problems are being addressed with the work as well. One issue has been the hazardous materials (droppings from rodents and other vermin) above the ceiling. The scope of work in the contract calls for removal and disposal of the existing drop ceiling and the fiberglass bat insulation above. The removal of the ceiling in the kennel area presented an additional problem. Because the cinderblock interior walls do not rise all the way to the roof deck, it may be possible for some animals to climb up and out of the kennel. Several solutions were considered. One possible solution would have been to extend the height of the walls all the way to the roof deck. This idea was priced by the Contractor. Because of the many ducts and conduits in place, this idea would be difficult, and was deemed too expensive. Another idea was considered. This solution would involve the installation of new ceiling system in strategic areas, using food -grade lay -in panels and grid. Animal Services Staff would then be able to spray -wash the area, walls and ceiling. This solution seemed to fit the needs of the operation very well, and at a much more affordable price ($5,080). No Memo of March 12, page two fiberglass bats are needed, as extra polyisocyanurate insulation was added in the recent roof replacement at the facility. Budget Impact In its resolution approving this contract of $105,692, the City Council also authorized a project contingency of $10,570. This is the first (probably the only) Change Order that to be considered during this project. As the contingency fund has been approved, Staff need not go before the City Council to make this change in the scope of work. Original Contract: $105,692.17 Proposed Change Order: 5,080.00 Contract amount if CO is accepted: $110,772.17 Amount remaining in the Contingency Fund if CO is accepted: $5,489.83 I' e., .., .II fJ'f;- in,.,J i., Y .1'. Y. • /J ,:, F (I 1 i.J ' ( L C .i'. ( YO i (h am 1 I . Ii'. (i 1 ff .'i .CI h }r ,. p'4j(4'. Y. C c: lJI' .' f' ., ._ / •j ..'L r^ '... '� J -t .. ..IL. I1 ?/ C'>i(i7"?s. -it) J i f •r I }•rU ) s (1 ' ( L:. 't- J1.; 9 CONTRACT AMENDMENT CITY OF FAYETTEVILLE PROJECT: CONTRACTOR: CONTRACT AMENDMENT NUMBER: DATE: CONTRACT AMOUNT: The Contract is changed as follows: The Original Contract Sum: Net change by previously authorized by Amendments The Contract Sum prior to this Amendment was: The Contract Sum will be increased by this Amendment in the amount of: Animal Services Project City of Fayetteville Joe Perme Construction, Inc. 1874 South Doral Drive Fayetteville, Arkansas 72701 1 March 12, 2008 $105,692.17 (prior to Change Orders) $105,692.17 N/A $105,692.17 $5,080.00 / i V'(1/-iI'll, F.)A4I ffi1() 3 a..I v:I"I-TY 1'' i iL Y 'i') s^, .,'H),rJI, ll1 47P P1 i Si? !/ }t , ✓' I , • t '' 3 iii t / '!, / iii. )r :✓1 : �.t'lt .I 1� u•I r Ir •1 ' `1 I 11 [ri/� �IrI .LrIlf' ..j.- I. A' 1 '...,r ir:1 Ai /F..i 111 .!. ' 'It ':3 1 :'ff !1 .I1 I A r #:j II 1 j -t . .dl. 1('•? I.Lf n;t /;° ' i:' "4 A: LIB' ,fi' .'•'.: E"ir'1 Change Order, page two The new contract Sum (including this Amendment) will be: $110,772.17 The Contract Time will be unchanged. Signatures: Joe_ c✓� �K, Contractor: Joe Perme Construction, Inc. 1874 South Doral Drive Fayetteville, Arkansas 72701 . i. City Clerk :FAYLIIEVILLE: From: Clarice Pearman To: Hurd, Coy Date: 3.12.08 12:09 PM Subject: Joe Perme Constr Attachments: 03.11.08 Joe Perme Construction Inc.pdf CC: Audit Coy: Attached is a copy of the change order for the above construction company. Please feel to contact me if there is anything else needed for this item. Have a good day. Thanks. Clarice City of Fayetteville Staff Review Form Staff Review Only 5/1/2008 Coy Hurd Building Services Operations Submitted By Division Department on required is for the appropriate Sta refer to the attached memorandum). $ 385.00 Cost of this request 4470 9470 5400 00 Account Number 02046.0609 Project Number Action $ 296,470.00 Category I Project Budget $ 138,574.54 Funds Used to Date $ 157,895.46 Remaining Balance Budget Adjustment Attached Building Improvements Program Category / Project Name Animal Shelter Program / Project Category Name Sales Tax Fund Name Previous Ordinance or Resolution Original Contract Date: �� S s 0 Original Contract Number. City Attorney Date Received in City 5-5 -08 Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office Revised April 16, 2007 f5(YV'� •. NV' k . nC Vi' 11"3+r:,'il'q!rti iipi '1 V1C: h•"'ilR i!�l!� �f' 1 (31,t,;1'!i eA p ..- .. ..r -.0 _- — — — .— _r T — ... .._ .. h.. , 11 ~ YI Y F�.IT,Y•14 __—.• — •.— •%.. — y r......—. — . i. ___.__.__• T - _1.A. • I • a — • i. .:!P.JI•P .: J;.�.{II �ry : (Jci l^•.^ � A G`}C w � .4 .Va �1 Yjl�. mn .ntia YI'. . 1. J `yf, r�C -(7 2L.......r. L �.� ._- yL � -. -.._ .,.." eoC 6Y\ '. -i it a. SF' 1.' :.: A i .i .. .. or -,1 ^. '. lia r" rti '• s ' ' •;! . 1 CJ=`S5'E5: . i:7 t: r!15. ii 1P e, ,.,^.p.ut! !Yt ^"']1 0bT. f}:.;13 tT.Tr. r,. . .—a..—.•.arr a. y --.�. .wlr.r..— — "r. � q ( a!� if •• ...r. +.. - # Y.... ).lei w �.r Y.....Yr1�.Y. ! ll�1�� V ♦ FAYETTEVILLE THE CITY OF FAYETTEVItLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM TO: Mayor Dan Coody THROUGH: Gary Dumas, Director of Operations FROM: Coy Hurd, Project Manager RE: Change Order Two, Animal Services Project DATE: May 1, 2008 Recommendation Staff recommends that Mayor Coody sign the attached Change Order adding $385 to the present contract for renovation work being completed at the Animal Services Building. Background This project is very near to completion at this point. The project has been very successful and has met the needs of Animal Services for years to come. Building Services and the project's A/E have made a walk-through and have declared the project to be substantially complete. The only work remaining is for the Contractor to complete a punch list of items. The subject items of this memo are two small components of the work that were essential for this successful effort. These two additional items have already been completed, and it is hoped that the City's Administration will agree with the Project Manager that the Contractor should indeed be compensated for them. Item One: Once the new lights were installed in the restrooms, it appeared that more light would be needed in those areas. The Contractor suggested adding an additional fixture in each of the two rooms. The lights are "emergency fixtures" in that they have battery backup. If a person is using the facilities and an electrical failure occurs, these lights will continue to shine. These are excellent quality fixtures, and the Contractor agreed to install them for the cost of the fixture only; no labor cost is being charged. These two fixtures cost $150 each. Item Two: The facility has an intercom system. The scope of work called for the Contractor to take down the intercom's speakers and to reinstall them after his other work was completed. One of the speakers in this system had been ruined by vermin which had inhabited the space above the drop ceiling. A new speaker was needed for the system. The price for the purchase and installation of a new speaker is $85. These items total $385. Budget Impact In its resolution approving the initial contract of $105,692, the City Council also authorized a project contingency of $10,570. This is the second and final Change Order to be considered during this project. As the contingency fund has been approved, Staff need not go before the City Council to make this change in the scope of work. Original Contract: $105,692.17 Change Order One: 5,080.00 Proposed Change Order Two: 385.00 Contract amount if CO is accepted: $111,157.17 Amount remaining in the Contingency Fund if CO is accepted: $5,104.83. Apr 15 08 05:15p Joe Perme 479-439-0811 p.2 PERME EXCAVATING INC 1874 S DORAL OR FAYETTEVILLE, AR 72701 RE: FAYETTEVILLE ANIMAL SHELTER BATHROOM LIGHING Upon request of the City of Fayetteville we are proposing to add to one light for each of the Animal Shelters public bathrooms. The change order would total $300.00 ($150.00 per light). This is material only, we would not charge any additional labor. The lights are the same lights specified for the cat rooms and are emergency battery backup. Joe Perme Jr. PERME EXCAVATING INC 1874 S DORAL DR FAYETTEVILLE, AR 72701 RE: FAYETTEVILLE ANIMAL SHELTER: SPEAKER REPLACEMENT The speaker in the first exam room is an old style speaker that was not replaced by Muzak. It has been destroyed by the rats when they were in the ceiling. To remove and replace with the same type speaker as Muzak upgraded to (Quam c-10 wih mounting box) will be $85.00. This includes all labor and materials. Thank You, Joe Perme Perme Excavating Inc. Z'd ITB0-6Eia-6Lb awuad aor eQZtti BO bZ .add CONTRACT AMENDMENT CITY OF FAYETTEVILLE PROJECT: CONTRACTOR: CONTRACT AMENDMENT NUMBER: DATE: CONTRACT AMOUNT: The Contract is changed as follows: The Original Contract Sum: Net change by previously authorized by Amendments The Contract Sum prior to this Amendment was: Animal Services Project City of Fayetteville Joe Perme Construction, Inc. 1874 South Dora! Drive Fayetteville, Arkansas 72701 Mayl, 2008 $105,692.17 @rior to Change Orders) $105,692.17 $5,080.00 $110,772.17 The Contract Sum will be increased by this Amendment in the amount of: $385.00 I' 1j .n F 1 !4 .'a1J ��JY r` $I')r S (1 I R )f I. � lr)f':�I i 1 .�I•i" ,JI) fil+I) r7 .� r ( { /I if 1, 1 Ir SI L /O ) IuJ Yt^.n:..IL. . It# j: .Ai q41 -,) •to ,,. ,'.o� I :_ Il' . Ii ) 'I 1r, t li�I i,t�' ^' i .rt7i. ^ " I}a<^- IL,1 1N f'!it I I. .I LI e.. Change Order, page two The new contract Sum (including this Amendment) will be: $111,157.17 The Contract Time will be unchanged. Signatures: Contractor: Joe Perme Construction, Inc. 1874 South Doral Drive Fayetteville, Arkansas 72701 Mayor, City of Fayettple, Arkansas Date: A I I Is City Clerk 'J1Y 0;r•.6 ;FAYETTEVILLE: (.12.08) Clarice Pearman - Perme Excavating CO Page 1 From: Clarice Pearman To: Hurd, Coy Date: 5.12.08 12:07 PM Subject: Perme Excavating CO Attachments: 05.01.08 Perme Excavating Inc CO.pdf CC: Audit Coy: Attached is a copy of the above change order for Perme Excavating. Please let me know if there anything else needed for this Item. Have a good day. Thanks. Clarice THE AMERICAN INSTITUTE OF ARCHITECTS Bond# 1000050 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Perme Excavating, Inc. 5917 Ivy Lane Harrison, Arkansas 72601 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, Arkansas 72701 SURETY (Name and Principal Place of Business): Mid -Continent Casualty Company P.O. Box 1409 Tulsa, Oklahoma 74101-1409 CONSTRUCTION CONTRACT Date: 10/16/2007 Amount: ONE HUNDRED FIVE THOUSAND SIX HUNDRED NINETY-TWO AND 17/I00THS Dollars (5105.692.17) Description (Name and Location): Animal Shelter Lighting Project, 1640 S. Armstrong Ave., Fayetteville, AR 72701 BOND Date (Not earlier than Construction Contract Date): 11/01/2007 Amount: ONE HUNDRED FIVE THOUSAND SIX HUNDRED NINETY-TWO AND 17/100THS Dollars ($105,692.17) Modifications to this Bond: IS None 0 See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Perme Excavati Inc. Signature: Name and (Any additional signatures appear on page 3) SURETY Company: Mid -Continent Casualty Company _ Signature: C na-o_. 3 .. o_j0 0 Name and Title: Carla S.,leollis Attornev-tn-Fact (Corporate Seal) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Ramsey, Krug, Farrell & Lensing other party): P.O. Box 251510 Little Rock, AR 72225 (501)664-7705 j AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1980 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20806 A312-1984 1 THIRD PRINTING • MARCH 1987 Contract372 (12-87) 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 Bondshall arise after: 3.1 The Owner has notified the Contractor and: the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor.shall be allowed a reason- able time to perform the Construction Contract;.but such an agreement. shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default. and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days afterthe Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner nas agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform theConstruction 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 ofthe Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued. on. the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred bythe 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 Afterinvestigation, 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, S lithe Surety does not proceed as provided in Paragraph 4 with. reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt.of an additional written notice from the Owner to the Surety demanding that the Surety perform its. obligations under this Bond. and the Owner shall be entitled to- enforce any remedy available to the Owner. lithe 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 enforceany 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 costsand damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defectivework 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 toact 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 theOwner or others for obligations ofthe 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'anyperson or entity Other han 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 orwithin 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 4312 • PERFORMANCE BOND.AND PAYMENT BOND - DECEMBER' 1984 ED.:- AR tr THE AMERICAN INSTITUTE OF ARCHITECTS; 1735 NEWYORK AVE.. N.W., WASHINGTON. D.C. 20008 A312-1984 2 THIRD'PRINTING • MARCH 1987 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, anyprovision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: — Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • OtCEMBER 1981 ED. • AIA b THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, U.C. 2WQ6 A312-1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS Bond# 1000050 AIA Document A372 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Perme Excavating, Inc. 5917 Ivy Lane Harrison, Arkansas 72601 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: 10/16/2007 Amount: ONE HUNDRED FIVE THOUSAND SIX HUNDRED NINETY-TWO AND 17/100THS Dollars ($105,692.17) Description (Name and Location): Animal Shelter Lighting Project, 1640 S. Armstrong Ave., Fayetteville, AR 72701 BOND SURETY (Name and Principal Place of Business): Mid -Continent Casualty Company P.O. Box 1409 Tulsa, Oklahoma 74101-1409 Date (Not earlier than Construction Contract Date): 11/01/2007 Amount: ONE HUNDRED FIVE THOUSAND SIX HUNDRED NINETY-TWO AND 17/100THS Dollars ($105.692.171 Modifications to this Bond: ® None O See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Perme Excavating, Inc. Signature: t` Name and Title: /c//ri (Any additional signatures appear on page 6) SURETY Company: (Corporate Seal) Mid -Continent Casualty Company Signature: Name.and Title: Carla S. 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 Little Rock, AR 72225 (501) 664-7705 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON. D.C. 20006 A312-1984 4 TH'RD PRINTING • MARCH 1987 Contract 373 (12.871 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for tabor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have, a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim.will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner. stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. S If a notice required by Paragraph. 4 is given by the Owner to the Contractor or to the Surety, that is suffi. cient compliance. 6 When the Claimant has satisfied the. conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause. 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON. D.C.2Bo 1, A312-1984 -5 THIRD PRINTING • MARCH 1987 Bond shall be construed. as,a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing tobea 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.ofthe Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate. Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A3t2 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1981 ED. • AIA 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 6 THIRD PRINTING • MARCH 1987 MID-CONTINENT CASUALTY COMPANY Tulsa, Oklahoma Know all Men by these presents: That the MID-CONTIAIENC CASUALTY ...................... the State of Oklahoma, having its principal office in the city of Tulsa, Oklahoma, pursuant to the following By -Law, which was adopted by the Stockholders of the said Company on Marcb 13th, 1947, to -wit "Article TV, eSection 7. — The Executive Officers of the Company shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one more Resident Vice President, ResidentAssistant Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice President, Resident Assistant Secretary, or Attorney -in -Fact and revoke. the power and authority given him. None of such appointees heed be Directors of the Company." The Cotnpany does hereby constitute and appoint Charles M. Allen, Kevin Bruick, Timothy P. Farrefl, Michael D.. Halter, Carla $._Hollis, Rolfe Kennedy, Sherman R. Moore, G. Robert Smith, Dale E. Temple and Sylvia A. Young, individually of LITTLE ROCK, AR its true and lawful attorney(s)-.in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed, Any and all bonds and undertakings of Suretyship And the execution of such instrwoent(s) in pursuance of these• presents, shall be as binding upon the said MID�CONTINENT CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Tulsa, Oklahoma. IN WITNESS WHEREOF, MIO-CONTINENT CASUALTY COMPANY has executed and attested these presents this 0$ day of October , 2007 ATTEST: SARA ANDER$ON' ASSISTANT SECRETARY TooB. TA VICE PRESIDENT On this OB day of Ootobdr , 2007 before me, a Notary Public of the State of Oklahoma in and for the County of Tulsa, came the individual to me personally kuowu to be the officer described in, and who executed the preceding instrument, and' he acknowledged the execution of the some, and being by me duly swam; said that he is the therein described and authorized officer of the MID-CONTINENT CASUALTY COMPANY aforesaid, and that the seal affixed to the preceding instrument is the corporate of said Company, and the said corporate seal and his signature as such othca were duly affixat to the said instrument by the authority and direction of the said Company, and that Article IV, Section 7, of the By -Laws of said Company, r41erred to in the preceding instrument, is now in force. iN TESTIMONY WHEREOF, I have hereunto set my hand and afftxedmy officialseal err the City of Tuba, the day andyear first above wriaen. B Ot OMahtlnta Conmrission 4 05000938 STATE dA My Commission expires — — COON No < Public I, SARA ANDERSON Assistant Secretary of M[D-CONTAIENT CASUALTY COMP hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. This certifies that any facsimile a methudcaily+yroduoed-aignahae of any officer aftheLbmpany and Company wtaeverappearing upan a owwer of ■tcormy hated by the Company, ahs"I be valid and badhjg upon the Company with theam. face and effect as though nwnually affixed. IN WITNESS WHEREOF, Z t %4eremuo set my hand and affixed the facsimile seal of said corporation s +they y,���y(t,�,t [ASrf14"�3�/� this //•�" nay oe ,.�d� ACORD.. CERTIFICATE OF LIABILITY INSURANCE DAT 111/01/071 I PRODUCER 501-664-7705 Ramsey, Krug, Farrell & Lensing THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS MATTER OF INFORMATION UPON THE CERTIFICATE 8315 Cantrell, Suite 300 P.O. Box 251510 HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED NOT AMEND, EXTEND OR BY THE POLICIES BELOW. Little Rock, AR 72225 INSURERS AFFORDING COVERAGE INSURED Perme Excavating, Inc. INSURER A: Ohio Casualty 5917 Ivy Lane INSURER B: Harrison, AR 72601 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M POLICY EXPIRATION MM/DD/YVI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X I OCCUR BKO53522083 9/01/07 9/01/08 EACH OCCURRENCE a 1000000 X FIRE DAMAGE (Any one fire) 4 100000 MED EXP (Any one person) b 5000 PERSONAL & ADV INJURY S 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY I JECT I ILOC PRODUCTS - COMP/OP AGG $ 2000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAW53522083 9/01/07 9/01/08 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY Per person) X X BODILY INJURY Per accident) $ 1000000 X PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S U5053522083 9/01/07 9/01/08 EACH OCCURRENCE a 1000000 AGGREGATE S 1000000 a e $ A WORKERS COMPENSATION AND EMPLOYERSLIABILITY XWW53522083 9/01/07 9/01/08 TRY LIMITS DER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS REF: BID 07-58, ANIMAL SHELTER RENOVATION CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF FAYETTEVILLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1 13 W. MOUNTAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL FAYETTEVILLE, AR 72702 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVE . AUTHORI ED P SE TA ACORD 25-S (7/97) 1- 28 PER59115 - 065586 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.