HomeMy WebLinkAbout21-09 RESOLUTIONRESOLUTION NO. 21-09
A RESOLUTION AWARDING BIDS #09-02, #09-03, #09-05,
#09-06, #09-07 AND BID #09-10 AND APPROVING THE
PURCHASE OF BULK CONSTRUCTION MATERIALS AND
SERVICES UTILIZED BY VARIOUS DIVISIONS OF THE
CITY OF FAYETTEVILLE IN THE ESTIMATED AMOUNT
OF $3,156,126.75.
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
Bids #09-02, #09-03, #09-05, #09-06, #09-07 and Bid #09-10, and approves the purchase of bulk
construction materials and services utilized by various divisions of the City of Fayetteville in the
estimated amount of $3,156,126.75.
PASSED and APPROVED this 3`d day of February, 2009.
APPROVED:
By
ATTEST:
By: fj
ONDRA E. SMITH, City Clerk/Treasurer
:FAYETTEVILLE
4W,4NGTOt C,1"
Terry Gulley
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
February 3, 2009
City Council Meeting Date
Agenda Items Only
Transportation
Division
Action Required:
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Operations
Department
A resolution awarding Bids 09-02, 09-03, 09-05, 09-06, 09-07 and 09-10 for and approving the purchase of bulk construction materials
and services utilized by various divisions of the City of Fayetteville in the estimated amount of $3,156,126.75.
$
674,178.86
$
1,047,631.40
$
498,985.40
$
935,331.09
$
3 156 126 75
Cost of this request
4470.9470.5814.05
4470.9470.5417.00
4470.9470.5814.00
4520.9520.5809.00
Multiple
Account Number
02016 / 1
02052 / 1
02053/1
06035 / 1900
Multiple
Project Number
Budgeted Item
x
$
1,300,000.00
$
2,136,900.00
$
787,000.00
$
19,138,800.00
$
23,362,700.00
Category/Project Budget
$
22,406.14
$
59,248.60
$
34,646.60
$
1,439,030.44
$
1,555,331.78
Funds Used to Date
$
1,277,593.86
$
2,077,651.40
$
752,353.40
$
17,699,769.56
$
21,807,368.22
Remaining Balance
Budget Adjustment Attached
Trail Development
In -House Pavement Improvements
Sidewalk Improvements
Transportation Bond Street Improvements
Multiple
Program Category / Project Name
Trail Improvements
Transportation Improvements •
Transportation Improvements
Transportation Improvements
Transportation Improvements
Program / Project Category Name
Sales Tax Capital Improvements
Sales Tax Capital Improvements
Sales Tax Capital Improvements
Sales Tax 2006A Construction Fund
Sales Tax Capital Improvements
Fund Name
/q4 vela-
Srtmen hector
City Attorney
I- 05 Previous Ordinance or Resolution #
ate
Original Contract Date:
Qq Original Contract Number:
Da
Comments:
ntslaye vle
ARKANSAS
City Council Agenda Item
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
•
From: Terry Gulley, Transportation Manager
Date: February 3, 2009
Subject: A resolution awarding Bids 09-02, 09-03, 09-05, 09-06, 09-07 and 09-10 for and
approving the purchase of bulk construction materials and services utilized by
various divisions of the City of Fayetteville in the estimated amount of
$3,156,126.75.
Recommendation: Staff recommends a resolution awarding 09-02, 09-03, 09-05, 09-06, 09-07
and 09-10 for and approving the purchase of bulk construction materials and services utilized by
various divisions of the City of Fayetteville in the estimated amount of $3,156,126.75.
Background: The purchase of bulk construction materials and services is necessary to maintain
the City's current infrastructure and to implement the Capital Improvement Program projects
outlined in the 2009 Annual Budget & Work Program and five-year Capital Improvement
Program plan.
Discussion: Sealed formal bids for thermal striping, reflectorized paint marking, topsoil, hillside
gravel, concrete, and truck hauling services were publicly read and the results are attached to this
memo.
Bid 09-02: Staff recommends awarding the thermal striping bid to Time Striping, Inc.
Bid 09-03: Staff recommends awarding the reflectorized paint marking bid to Anderson Striping.
Bid 09 05: Staff recommends awarding the topsoil bid to S & R Trucking.
Bid 09-06• Staff recommends awarding the hillside gravel bid to Sweetser Construction for
materials picked up by City staff and NWA Truck Service, LLC for delivered materials.
Bid 09-07: Staff recommends awarding the concrete bid to Arkhola APAC Arkansas, as the
primary supplier, and Beaver Lake Concrete, as the secondary supplier, for use on an "as
needed" basis, in the event that Arkhola APAC Arkansas cannot supply the necessary materials
within the time frame required to complete a project.
Bid 09-10: Staff recommends awarding the truck hauling services bid to S & R Trucking, as the
primary supplier, with the option to utilize other bidders based on price and availability, in the
order as follows: NWA Truck Service, LLC, Les Rogers, Inc., Wilson Brothers Construction
Co., Inc, and Sweetser Construction.
Budget Impact: Funds for the acquisition of these materials and services have been budgeted in
the Trail Development, In -House Pavement Improvements, Sidewalk Improvements, and
Transportation Bond Street Improvements capital projects. Sufficient funding is available for the
2009 purchases.
Attached: Bid 09-02 Thermal Striping
Bid 09-03 Reflectorized Paint Markings
Bid 09-05 Topsoil
Bid 09-06 Hillside Gravel
Bid 09-07 Concrete
Bid 09-10 Truck Hauling Services
RESOLUTION NO.
A RESOLUTION AWARDING BIDS #09-02, #09-03, #09-05, #09-06, #09-07
AND BID #09-10 AND APPROVING THE PURCHASE OF BULK
CONSTRUCTION MATERIALS AND SERVICES UTILIZED BY VARIOUS
DIVISIONS OF THE CITY OF FAYETTEVILLE IN THE ESTIMATED
AMOUNT OF $3,156,126.75.
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
Bids #09-02, #09-03, #09-05, #09-06, #09-07 and Bid #09-10, and approves the purchase of bulk
construction materials and services utilized by various divisions of the City of Fayetteville in the
estimated amount of $3,156,126.75.
PASSED and APPROVED this 3rd day of February, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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1Flowable Fill - per AHTD Selected Material 50
'Exposed Aggregate - 4000 PSI 50
13/4" Rock 3,000
Hot Water 500
'Air Entraining Admixture 2,500
12% Calcium Chloride Admixture 60
Ii % Calcium Chloride Admixture 100_
14000 PSI: 1/1/2" Aggregate Size (subject to availability) 500
5000 PSI: 314" Mln & 111/4" Max. Aggregate Size,
4" Slump 100
14000 PSI: 3/4" Min & 1/1/4" Max. Aggregate Size
With Fiber Reinforcement, 4" Slump 1,000
3500 PSI: 3/4: Min & 1/1/4" Max. Aggregate Size,
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4000 PSI: 3/4" Min & 1/1/4" Max. Aggregate Size,
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Tact Oil 10.000 Gal
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'e' Slone 2.500
Abrasives t COI OW y,Fsl 500
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Clarice Pearman - Res. 21-09 & 22-09
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Gulley, Terry
2.9.09 1:20 PM
Res. 21-09 & 22-09
Audit
Audit
Page 1 of 1
Terry:
Attached are the above resolutions passed by City Council regarding the bulk construction materials and asphalt & aggregate
materials. Please let me know if there is anything else needed for these items. Have a good day.
Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49902DACFA... 2.9.09
' FINAL'CONTRACT AMOUNTS
THAT EXCEED THE ORIGINAL
CONTRACT AMOUNT WILL BE
CHARGED AN ADDITIONAL
PREMIUM. INCLUDE THESE
PREMIUM CHARGES IN YOUR
CHANGE ORDERS.
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # 1000839633
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):
Mike Anderson dba Anderson Striping
4218 Hwy. 70 E.
Carlisle, AR 72024
OWNER (Name and Address):
City of Fayetteville
113 West Mountain St.
SURETY (Name and Principal Place of Business):
American Contractors Indemnity Company
601 S Figueroa St., Suite 1600
Los Angeles, CA 90017
Fayetteville, AR 72701
CONSTRUCTION CONTRACT
Date: 6/09/2009
Amount: $56,236.75
Description (Name and Location): Asphalt Striping, City of Fayetteville, Arkansas. Purchase order code 09-0000340-100
BOND
Date: 6/26/2009
Amount: $56,236.75
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
Mike Anderson dba Arydgr;on Striping
Signature' `m L -Ea
Name and Title: Mike Anderson,
Owner
(Any additional signatures appear on page 3)
❑ None
SURETY
(Corporate Seal) Company:
American
Signatu
Name an
m See Page 3
Corporate Seal)
mpany
Attorney
rawford,
m - Fact
FOR INFORMATION ONLY - Name, Address and Telephone
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
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, 20008
THIRD PRINTING - MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark Laws and is subject to legal prosecution..
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 sults 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 vo'd 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 11 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 /312 - PERFORMANCE BOND AND PAYMENT BOND
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.
THIRD PRINTING - MARCH 1987
WARNING: Unlicensed photocopying violates U.S.
- DECEMBER 1984 ED AIA
W WASHINGTON D C, 20006
trademark Laws and Is subject to legal prosecution..
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 he
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.
16.3 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.
**Notwithstanding the terms of the contract, the sum or the bond stated herein shall not increase
without prior written consent of Surety.
**All obligations of the Surety shall be discharged and released at the end of one year from project
acceptance by owner or architect.
"Paragraph 6.1 is hereby modified to delete "within 45 days" to "within a reasonable time."
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
Signature' \ l
SURETY
(Corporate Seal) Company:
(Corporate Seal)
Name and Title: Mke Anq�so(Ai net- Name
n
Signature.
and Title:
Address: 82.12. Mg 10C Address:
Car. (i sie, e7Aoa '{
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. N.W. WASHINGTON 0 C, 20006
THIRD PRINTING - MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark Laws end is subject to legal prosecution..
A312-1984 6
FINAL'CONTRACT AMOUNTS
THAT EXCEED THE ORIGINAL
CONTRACT AMOUNT WILL BE
CHARGED AN ADDITIONAL
PREMIUM. INCLUDE THESE
PREMIUM CHARGES IN YOUR
CHANGE ORDERS.
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond #1000839633
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):
Mike Anderson dba Anderson Striping
4218 Hwy. 70 E.
Carlisle, AR 72024
OWNER (Name and Address):
City of Fayetteville
113 West Mountain St.
Fayetteville, AR 72701
CONSTRUCTION CONTRACT
Date:6/09/2009
Amount:
$56,236.75
SURETY (Name and Principal Place of Business):
American Contractors Indemnity Company
601 S Figueroa St., Suite 1600
Los Angeles, CA 90017
Description (Name and Location): Asphalt Striping, City of Fayetteville, Arkansas. Purchase order code 09-0000340-100
BOND
Date: 6/26/2009
Amount: $56,236.75
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Mike Anderson dl Anderson Striping
Signature' •-it -
Name and Title: Mike Anderson,
Owner
(Any additional signatures appear on page 3)
❑ None
SURETY
Company:
American C
SIgnatur�:��
Name and
See Page 3
(Corporate Seal)
Company
J- my r awford,
tto ey - In - Fact
FOR INFORMATION ONLY - Name, Address and Telephone
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party) :
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, 20008
THIRD PRINTING - MARCH 1887
WARNING: Unlicensed photocopying violates U.S. trademark Laws and Is subject to legal prosecution..
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 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 after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract Itself, through Its agents or through Inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner end the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds Issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 In ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After Investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount Is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or In part and notify the
Owner citing reasons therefor.
5 if the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be In default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
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 if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent Jurisdiction in
the location In which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or tail -
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of thls Paragraph are void or
prohibited by law, the minimum period of limitation avail -
AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BONG -DECEMBER 1984 -AIA
THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE. N.W.. WASHINGTON D.C. 2008
THIRD PRINTING - MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution.
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-
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.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
""Notwithstanding the terms of the contract, the sum or the bond stated herein shall not increase
without prior written consent of Surety.
"All obligations of the Surety shall be discharged and released at the end of one year from project
acceptance by owner or architect.
(Space Is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
Signature: `
Name and Title nth keAnderson
Address: 4al9, thW y 70 E
Carlo -sir, me 7aOa'I
SURETY
(Corporate Seal) Company:
(Corporate Seal)
Signature*
(kine Name and Title:
Address:
NA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1%4 -NA
ME AMER/CAN INSTIME OF ARCHITECTS 1735 NEW YORK AVE.. NW., WASHINGTON D.C. 2006
THIRD PRINTING - MARCH 1967
WARNING: Unlicensed photocopying violates U.S. trademark laws and Is subject to legal prosecution.
A312-1984 3
•
Acknowledgment of Surety
State of Minnesota
County of Dakota
On this 26`h day of June, 2009 before me personally appeared Jeremy Crawford who
acknowledged that he or she is the attorney in fact who is authorized to sign on behalf of
American Contractors Indemnity Company (surety company), the foregoing
instrument, and he thereupon duly acknowledged to me that he executed tlye same.
WILLIAM J. NEMEC
NOTARY PUBLIC -MINNESOTA
my Camtimicm ban anm, 2010
tary Public