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HomeMy WebLinkAbout24-10 RESOLUTIONRESOLUTION NO. 24-10 A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $23,060.00 WITH KIM HOADLEY CONSTRUCTION CO. INC. FOR NEW STORAGE SHED CONSTRUCTION WITH CDBG FUNDING FOR THE YVONNE RICHARDSON COMMUNITY CENTER 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 approves a contract in the amount of $23,060.00 with Kim Hoadley Construction Co. Inc. for new storage shed construction with CDBG funding for the Yvonne Richardson Community Center. PASSED and APPROVED this 2nd day of February, 2010. APPROVED: ATTEST: IO. ELD JO ' 1 Mayor SONDRA E. SMITH, City C1erk/Tre cX,,, G�, ....Egs . q�`�_®.°01.Y O,.. /p • E. :FAYETTEVILLE: %• .® .4' a 3:7(5.4) KAN J=.S 1) �!!i@!R@bs13465? Yolanda Fields Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/2/2010 City Council Meeting Date Agenda Items Only Community Services Division Action Required: Develeopment Services Department Approval of purchase order for remodel of Yvonne Richardson Community Center, new storage shed construction. 23,060.00 Cost of this request 2180.4990.5390.06 Account Number Project Number Budgeted Item x 31,168.00 Category / Project Budget 322.50 Program Category / Project Name Funds Used to Date Program / Project Category Name 30,845.50 Community Development Remaining Balance Fund Name Budget Adjustment Attached 47/417dr City Amey Finance and Internal Services Director Qf.IZteLe) Date (—/7—/� Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Comments:Staff recommends approval of purchase order. Revised January 15, 2009 ave evi le ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE To: Mayor and City Council Thru: Jeremy Pate, Development Services Department Director From: Yolanda Fields, Community Services Division Dire Date: January 8, 2010 Subject: CDBG Subrecipient Program- Approval of PO for Facilities Construction PROPOSAL: The Yvonne Richardson Community Center (YRCC) is a grassroots endeavor partnering the Southeast Fayetteville Community Center non-profit agency and the Parks and Recreation Division of the City of Fayetteville. Through the CDBG Subrecipient Program YRCC has been awarded funding for construction of a storage addition. RECOMMENDATION: Staff recommends approval of PO for this project, located at 240 E. Rock BUDGET IMPACT: Project cost is approximately $23,060 A1.1 „0—,L = „b/L 31V3S z m 0 0 m 0 0 0 0 -I O z -1 r O O r D z ISSUED FOR BID 08-07-09 YVONNE RICHARDSON COMMUNITY CENTER REMODEL JOB #09-007 OVERALL EXISTING FLOOR PLAN DATE: 6-28-09 FAYETTEVILLE, ARKANSAS HENRY ARCHITECTURE 1800 S.52NO STREET SUITE 30 , ROGERS, AR 72758 PHONE -4792712555 FAX -475.2712 DRAWN BY:JN CHECKED BY:CJH4 4 HENRY RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $23,060.00 WITH KIM HOADLEY CONSTRUCTION CO. INC. FOR NEW STORAGE SHED CONSTRUCTION WITH CDBG FUNDING FOR THE YVONNE RICHARDSON COMMUNITY CENTER 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 approves a contract in the amount of $23,060.00 with Kim Hoadley Construction Co. Inc. for new storage shed construction with CDBG funding for the Yvonne Richardson Community Center. PASSED and APPROVED this 2nd day of February, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Section 00 41 13 BID FORM BASE BID ITEM# DESCRIPTION UNIT QTY. UNIT PRICE TOTAL 1 25'-0' x 12'-10W Structure complete and in place per plans and specifications (including Site Preparation and Mobilization) L.S. 1.00 ileeg I.O Al JhvV g 3 O `O 2 Interior work consisting of providing an integral fire -rated counter shutter at existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00 , ( O� — ��vv P r 4 toa^p TOTAL BID PRICE DEDUCTIVE ALTERNATES a 29 L 8g The price of the Bid for each altemate shall be the amount deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the altemates. The unit price amount for each altemate shall be the same as the unit price amount liste ITEM# DESCRIPTION UNIT QTY. UNIT PRICE TOTAL D1 Interior work consisting of providing an integral fire -rated counter shutter at existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00 (VW `�j� I �1 P TOTAL DEDUCTIVE ALTERNATE BID a Co (.2.5"71= The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Respectfully submitted, Firm Name <I M 1 JS(AL /�' r` ('J 4171‹. Byll, t Iwp► � r 13 L,- Pi t Address Z� `T.a y4 - -t -L4 CI 0 r City Il� Ay 4tJ L. State A 21C I -WSW> "Arkansas State Contractor's License Number: 11 OO (64, 0 O (it ** A Contractor's License is required to bid this project. This project requires a five (5) percent bid bond at time of bid opening. After contract award, a one hundred (100) percent performance and payment bond is required along with proof of insurance before construction begins. End of Section 00 41 13 INS t#t•ry t o cAtad4 ttNwkk. '� ti c ---t' a k 71;:Ut F runfi Rely std Fiz i $Ase $lv. City of Fayetteville YRCC Construction of Storage Addition and Remodel Page 00 41 13-1 October 2009 Section 00 41 13 BID FORM BASE BID ITEM# DESCRIPTION UNIT QTY. UNIT PRICE TOTAL 1 25'-0' x 12'-10 W Structure complete and in place per plans and specifications (including Site Preparation and Mobilization) L.S. 1.00 (22 �3 2„) 2. 3� Z7' 2 Interior work consisting of providing an integral fire -rated counter shutter at existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00 � �$ 17jJ i7 75 cY J TOTAL BID PRICE DEDUCTIVE ALTERNATES $Ll yso`er= The price of the Bid for each altemate shall be the amount deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the altemates. The unit price amount for each altemate shall be the same as the unit price amount liste ITEM# DESCRIPTION UNIT QTY. UNIT PRICE TOTAL Interior work consisting of providing an integral fire -rated counter shutter at a,) .—' D1 existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00 I', ?4.1/ 7 7S ,' TOTAL DEDUCTIVE ALTERNATE BID $ The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay Hem, and the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govem. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Respectfully submitted,( / Finn Name Yui _t .. � � y�7� y By �y/�J� If�. at� P�fi SV'ir< CG'- f ' eSc^1 erJ , Address !�"' / 574 5. Dec 0^- ,/ L / - i City Fcr,,{,t �;t� L A A. sJLJ 72-7°( State "Arkansas State Contractor's License Number: Qc) 61 5S' o3 I o ** A Contractor's License is required to bid this project. This project requires a five (5) percent bid bond at time of bid opening. After contract award, a one hundred (100) percent performance and payment bond is required along with proof of insurance before construction begins. End of Section 00 41 13 City of Fayetteville YRCC Construction of Storage Addition and Remodel Page 00 41 13-1 October 2009 Section 00 41 13 BID FORM BASE BID ITEM# DESCRIPTION UNIT QTY. UNIT PRICE TOTAL 1 25'-0• x 12'-10 W Structure complete and in place per plans and specifications (including Site Preparation and Mobilization) L.S. 1.00 Sir�� ` i' •� 9I 2 Interior work consisting of providing an integral fire -rated counter shutter at existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00b 2. ' S f y [, TOTAL BID PRICE DEDUCTIVE ALTERNATES The price of the Bid for each altemale shall be the amount deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. The unit price amount for each altemale shall be the same as the unit price amount liste ITEM# DESCRIPTION UNIT QTY. UNIT PRICE TOTAL D1 Interior work consisting of providing an integral fire -rated counter shutter at existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00 Czg eN (- e°r P 2,S TOTAL DEDUCTIVE ALTERNATE BID The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Respectfully submitted. Firm Name Se i{Icr.S roper, Cs, -Z-Pc. By / eb Ce rnes Address i3L4 5 Puppy Crcel: R-ci / A City Springdale, AE_ /a/6 i, State I1Ir **Arkansas State Contractor's License Number: - A Contractor's License is required to bid this project. This project requires a five (5) percent bid bond at time of bid opening. After contract award, a one hundred (100) percent performance and payment bond is required along with proof of insurance before construction begins. End of Section 00 41 13 City of Fayetteville -YRCC Construction of 'Storage Addition and Remodel Page 00 41 13-1 October 2009 Section 00 41 13 BID FORM BASE BID ITEM# DESCRIPTION UNIT QTY. UNIT PRICE TOTAL 1 25'-0° x 12'-10 W Structure complete and in place per plans and specifications (including Site Preparation and Mobilization) L.S. 1.00 8 a AA5,w ' 6 a, 4 atit 2 Interior work consisting of providing an integral fire -rated counter shutter at existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00 41 5° rl k2 71 , AN, TOTAL BID PRICE DEDUCTIVE ALTERNATES s 3q,b�o.,o The price of the Bid for each altemate shall be the amount deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the altemates. The unit price amount for each altemate shall be the same as the unit price amount liste ITEM# DESCRIPTION UNIT QTY. UNIT PRICE TOTAL Interior work consisting of providing an integral fire -rated counter shutter at �� 5,a �� �� 6b D1 existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00 1 TOTAL DEDUCTIVE ALTERNATE BID s LP ! IJ.50 The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govem. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Respectfully submitted, Firm Name By Address City 4. . • r - State -la-7o3 Arkansas State Contractors License Number. oa 231'v q1v ** A Contractor's License is required to bid this project. This project requires a five (5) percent bid bond at time of bid opening. After contract award, a one hundred (100) percent performance and payment bond is required along with proof of insurance before construction begins. U, YJ oorir imiieS,1 End Sen ' 0 41 13 t • e)n Ss2uertzn 0A,67/ 3 o illi l' \- WI -�ab�. o r� -r� 6 ns-- `(111C'� V112waR,KS - Db g59 10310 unajclat� rtLICI e� � l �rn'l f e d, Eeiie- City of Fayetteville YRCC Construction of Storage Addition and Remodel Page 00 41 13-1 October 2009 Section 00 41 13 BID FORM BASE BID ITEM# DESCRIPTION UNIT QTY. UNIT PRICE TOTAL 1 25'-0" x 12'-10 W Structure complete and in place per plans and specifications (including Site Preparation and Mobilization) L.S. 1.00 3.2 its ,3, / 1 W a 2 Interior work consisting of providing an integral fire -rated counter shutter at existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00 �sy� oc5 c i i) 3 ACT C TOTAL BID PRICE DEDUCTIVE ALTERNATES $ 5-5 3c11) The price of the Bid for each altemate shall be the amount deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. The unit price amount for each altemate shall be the same as the unit price amount liste ITEM# DESCRIPTION UNIT QTY. UNIT PRICE TOTAL D1 Interior work consisting of providing an integral fire -rated counter shutter at existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00 9q7) "`'� 2, TOTAL DEDUCTIVE ALTERNATE BID The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govem. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Respectfully submitted, Firm Name By Address City State 9F iLi/1/4K-r S7' Et- 5,44- 1141 333 tr F4Ye7TF llttyt-� 141A 707, r ? **Arkansas State Contractor's License Number: e,0335-roq ** A Contractor's License is required to bid this project. This project requires a five (5) percent bid bond at time of bid opening. After contract award, a one hundred (100) percent performance and payment bond is required along with proof of insurance before construction begins. City of Fayetteville YRCC Construction of Storage Addition and Remodel End of Section 00 41 13 441Af kimdel? Page 00 41 13-1 October 2009 Section 00 41 13 BID FORM BASE BID ITEM# DESCRIPTION UNFT QTY. UNIT PRICE TOTAL 1 25-0' x 12'-10 W Structure complete and in place per pare and specificationsl� (inducing Ste Preparation and htobifization) LS. 1.00 58dO Eth 06f) 2 Interior, ng ofp providing lfoe�d der shutter at existing entry corridor to the access -control room complete per Addendum No. 1 L.S. 1.00 .1 i / i �°o ll .9 ` TOTAL BID PRICE DEDUCTIVE ALTERNATES $(o9,9 The price of the Bid for eadh atemate shall be the amount deducted bum the price of the Total Base Bid it the Cry of Fayetteville selects any of the alternates. The unit price amourd for each alternate shall be the same as the and price amount Este iTEMtf DESCRIPTION UNIT QTY. UNIT PRICE TOTAL D1 fent Inferior consisting of pravid«,ganiat� fire -rated raco per Addendum existing entry corridor to the access -control mom complete perAddendum No. 1 LS. 1. 041 r "0) TOTAL DEDUCTIVE ALTERNATE BID $ 5 8 16try`r' The Bidder shall state the price bid in wads and figures (within in hit or typed) for each pay dem, and the total hid. In case of corded between wands and figures, the words, hatless obviously incorrect shall govern. Bidder understands thadthe Owner reserves the right to award the total project, or to reject any or al bids and to wake any infomhalfies In the bidding. Bidder agrees that this Bid shaft be good and will not be withdrawn for a period of 60caterdardays after the sdheduied dosing time for receiving bids. Fk/ rm.y' u " Arkansas StaloContra s i 2 2,l a 3110 **A Contractor's 1! censeis required tobid this project This project requires a five (5) percent bid bond at tme of bid opening. After contract award, acne hundred (100) percent performance and payment bond is required along with proof of insurance before construction begins. End of Section 00 41 13 City of Fayetteville YRCC Construction of Storage Addition and Remodel Page 00 41 13-1 October 2009 ieez THE CINCINNATI INSURANCE COMPANY AIA Document A312 B0311212 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Hoadley Construction Co., Inc. 2848 No Quail Creek Road Fayetteville AR 72703 OWNER (Name and Address): City of Fayetteville 113 West Mountain Street Fayetteville AR 72701 SURETY (Name and Principal Place of Business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 CONSTRUCTION CONTRACT Date: March 19, 2010 Amount: $23,060.00 (Twenty-three thousand and sixty dollars and no/00) Description (Name and Location): YRCC Storage Shed Contract #2118 BOND Date (Not earlier than Construction Contract Date): March 19, 2010 Amount: $23,060.00 (Twenty-three thousand and sixty dollars and no/00) Modifications to this Bond: None CONTRACTOR AS PRINCIPAL Company: Hoadley Construction Co., Inc. Signature: (Corporate Seal) Name and Title: Kim Hoadley, President 11111111115111111111110111111111111 Doc ID: 013370340004 Type: LIE Kind PERFORMANCE BOND Recorded: 04/01/2010 at 09:05:57 AM Fee Amt: $30.00 Paae 1 of 4 Washinaton County. AR Bette Stamps Circuit Clerk FileB029-00000896 ❑ See Page 3 SURETY Company: (Corporate Seal) THE CINCINNATI INSURANCE COMPANY Signatur Name and Ti hey- Terri D. Stuart, Attorney In Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Rogers Insurance Agency P.o. Box 2048 Rogers AR 72757-2048 or other party): S -2100 -AIA -A312 (6/08) PERFORMANCE BOND * The Company executing this bond vouches that this document conforms to American institute of Architects DocumentA312, December 1984 Edition. 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 Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable 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 declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 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 accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense 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 Construction Contract itself, through its agents or through independent 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 Construction Contract, arrange for a contract to be prepared 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 excess 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 determined, 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 Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting 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 damages caused by delayed performance or non- performance of the Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects DocumentA312, December 1984 Edition. 2 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. 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. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature 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 conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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 Contractor 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, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement betwen the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform 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 Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) THE CINCINNATI INSURANCE COMPANY Signature: Name and Title: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, December 1984 Edition. 3 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Roland W. Julian; Cecil Bridgers; Terri Stuart; Brad Bridgers; Christine Piker and/or Diana Ball of Rogers, Arkansas its true and lawful Attorneys) -in -Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No/100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6"' day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7"' day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed. by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10th day of October, 2008. STATE OF OHIO ) ss: COUNTY OF BUTLER ) TFIE CINSURANCE COMPANY Vice Presiden On this 10" day of October, 2008, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. e *" )E of ��iot wiasotr I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. 19th day of March, 2010 MARK J. HOLLER, Attorney at Law NOTARY PUBLIC • STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. this BN -1005 (10/08) THE CINCINNATI INSURANCE COMPANY AIA Document A312 B0311212 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Hoadley Construction Co., Inc. 2848 No. Quail Creek Road Fayetteville AR 72703 OWNER (Name and Address): City of Fayetteville 113 West Mountain Street Fayetteville AR 72701 SURETY (Name and Principal Place of Business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 CONSTRUCTION CONTRACT Date: March 19, 2010 Amount: $23,060.00 (Twenty-three thousand and sixty dollars and no/00) Description (Name and Location): YRCC Storage Shed Contract #2118 BOND Date (Not earlier than Construction Contract Date): March 19, 2010 Amount: $23,060.00 (Twenty-three thousand and sixty dollars and no/00) Modifications to this Bond: 0 None CONTRACTOR AS PRINCIPAL Company: Hoadley Construction Co., Inc. Signature: Name and Title: Kim Hoadley, President IBI See Page 3 SURETY (Corporate Seal) Company: (Corporate Seal) THE CINCINNATI INSURANCE COMPANY Signatur (Any additional signatures appear on page 3) 0.(AW-i'IA406 Name and Title: Terri D. Stuart, Attorney in Fact (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Rogers Insurance Agency P.O. Box 2048 Rogers AR 72757-2048 479-636-4551 The Company executing this bond vouches that this document conforms to American Institute of Architects DocumentA312, December 1984 Edition. S -2150 -AIA -A312 (6/08M) PAYMENT BOND 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 performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished 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 payment, 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 Contractor 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 notice any communication from the Contractor by which the Contractor has indicated the claim will be paid , directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient 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 performance 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 priority 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 unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations 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 jurisdiction 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 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, December 1984 Edition. 2 last materials or equipment were furnished by anyone under the Construction 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 requirements shall be deemed deleted herefrom and provisions conforming 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. 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 equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation 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 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 signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor 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: Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6. When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Hoadley Construction Co., Inc. Signature: Name and Title: Kim Hoadley, President SURETY (Corporate Seal) Company: (Corporate Seal) THE CINCINNATI INSURANCE COMPANY Address: 2848 No Quail Creek Rd Fayetteville AR 72703 Signature' Name and Titl Terri D. Stuart, Attorney In Fact Address: Rogers Insurance. P.O. Box 2048, Rogers AR The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, December 1984 Edition. 3 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Roland W. Julian; Cecil Bridgers; Terri Stuart; Brad Bridgers; Christine Piker and/or Diana Ball of Rogers, Arkansas its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No/100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10"' day of October, 2008. STATE OF 01110 ) ss: COUNTY OF BUTLER ) On this 10'h day of October, 2008, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the sisal -me of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. el St AL irS *3 r_ = 1# #`,`'' Te14 of I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. 19th day of March, 2010 MARK J. HOLLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. this BN -1005 (10/08) I CORS® CERTIFICATE OF LIABILITY INSURANCE OP ID TS HOACO-1 DATE (MM/DD/YYYY) 03/24/10 PRODUCER Rogers Insurance Agency P.O. Box 2048 Rogers AR 72757-2048 Phone: 479-636-4551 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED HoadleyConstruction Co., Inc. 2848 N. Quail Creek Road Fayetteville AR 72703 1 INSURER A: Cincinnati Insurance Company 10677 INSURER B: GENERAL INSURER C: CPP0815859 GEN LIAB DOES NOT CONTAIN XCU HAZARD EXCLUSION INSURER D: 03/26/10 INSURER E: $1,000,000 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. IN5R LTR ADD'L INSRI7 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CPP0815859 GEN LIAB DOES NOT CONTAIN XCU HAZARD EXCLUSION 03/26/09 03/26/10 EACH OCCURRENCE $1,000,000 X PREMISES (Ea occurence) $ 500,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $10,000 X Contractual Liab PERSONAL & ADV INJURY $ 1,0 0 0 , 000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: —1 PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 POLICY X FROT LOC JEC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CPA0815859 03/26/09 03/26/10 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 r r 000 X BODILY INJURY (Per person) X BODILY INJURY (Per accident) X PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS / UMBRELLA LIABILITY CPP0815859 03/26/09 03/26/10 EACH OCCURRENCE $2,000,000 X OCCUR CLAIMS MADE AGGREGATE $2,000,000 DEDUCTIBLE RETENTION $-0– $ $ X $ A WORKERS AND AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVfWC184329601 OFFICER/MEMBER (Mandatory If yes, describe SPECIAL PROVISIONS COMPENSATIONWC LIABILITY EXCLUDED? I Y ARKANSAS 03/26/09 03/26/10 S rA/U- 01H - X TORY LIMITS X ER E. L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 in NH) under below E.L. DISEASE - POLICY LIMIT $ 500 , 000 A OTHER rented/leased Equipment CPP0815859 03/26/09 03/26/10 $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Carpentry - Interior/Owner is excluded from workers compensation coverage/JOB: YRCC Storage Shed Contract #2118/City of Fayetteville is listed as additional insured respects General Liability coverages. CERTIFICATE HOLDER CANCELLATION CITFAYO City of Fayetteville 113 W. Mountain Fayetteville AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO ZED R PRESENTATIVE © 1988-2009 A ORD CORPORATION. All rights resed. ACORD 25 (2009/01) The ACORD name and logo are registered marks of ACORD