HomeMy WebLinkAbout84-11 RESOLUTIONRESOLUTION NO. 84-11
A RESOLUTION AWARDING BID #11-30 AND AUTHORIZING A
CONTRACT WITH MERIDIAN CONSTRUCTION MANAGEMENT, INC. IN
THE AMOUNT OF $26,890,00 FOR DEMOLITION OF THE LAKE
SEQUOYAH BOAT DOCK, AND APPROVING A FIFTEEN PERCENT (15%)
PROJECT CONTINGENCY
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
#11-30 and authorizes a contract with Meridian Construction Management, Inc. in the amount of
$26,890.00 for demolition of the Lake Sequoyah boat dock.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
fifteen percent (15%) project contingency.
PASSED and APPROVED this 7th day of June, 2011.
APPROVED:
ATTEST:
By: L) CIA 4',(1 L
SONDRA E. SMITH, City Clerk/Treasurer
°T/VP(''
r { ,
Y OF • 1 ,
�U • V°•%":
; FAYETTEVI LLE:
w
VeRkANSP'��,~w�
%,,NGro,C,��.
Byron Humphry
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/7/2011
City Council Meeting Date
Agenda Items Only
Park Maintenance
Division
Action Required:
Parks and Recreation
Department
A resolution awarding Bid #11-30 and approval of a contract with Meridian Construction Management, Inc. in the
amount of $26,890, with a 15% project contingency of $4,034 for a total project cost of $30,924 for the Boat Dock
Demolition at Lake Sequoyah.
30,924.00
Cost of this request
2250.9256.5806.00
Account Number
02043.2
Project Number
Budgeted Item
x
90,000.00
Category / Project Budget
Lake Sequoyah Improvements
Program Category! Project Name
Lake Sequoyah Improvements
Funds Used to Date Program / Project Category Name
90,000.00 Park Land Dedication (SE)
Remaining Balance Fund Name
Budget Adjustment Attached
epartment Dir
Date
-Zo I !
Date
`i cd q . s- 2a -toll
Finance and Internal Services Director
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Cit}p 5- 2 D -- 1 1 P 1 2: 1 0 N C V D
Clerk's Office
Received in
Mayor's Office
Comments:
Revised January 15, 2009
tv!1e
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
To:
Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
From: Byron Humphry, Maintenance Superintendent
Date: May 19, 2011
Subject: Bid #11-30, Boat Dock Demolition at Lake Sequoyah
Agenda Request for June 7, 2011 Meeting
PROPOSAL:
Lake Sequoyah Park, consisting of 1,400 acres, is one of the city's three lake properties serving the city as well
as the adjacent neighborhoods and communities. The park is situated in the southeast quadrant of town and is
located at 6608 East Lake Sequoyah Drive.
There are four boat docks at Lake Sequoyah that were constructed in or around 1957. The boat docks are
wooden with sheet metal roofing. The docks are supported by wooden pilings that are set in the lake bottom.
Over the years, the submersed wooden pilings have deteriorated at and below the waterline to the point that they
are no longer structurally sound. The water level at Lake Sequoyah fluctuates with rain events and frequently
floods the docks exposing the girders and deck boards to water and mud. This repeated action of flooding and
drying for the past 50 plus years has further increased the deterioration of the support structures and has
compromised the overall structural integrity of the docks. As a result, the docks were closed in January 2011
and all boats were removed in preparation for demolition. The project was approved as part of the 2010 CIP.
The project was advertised on May 2 and 9, and bids were opened on May 18, 2011. Eleven vendors including
Arkansas Wrecking Company of Oklahoma, Inc., Barnes Construction Company, Inc., Benchmark
Construction, Booher Construction, General Construction Solutions, Inc., Heckathorn Construction Company,
Inc., JL Bryson, Inc., Larry Diggs Construction, Inc., Lipsmeyer Demolition, Inc., Meridian Construction
Management, Inc. and Tomlinson Asphalt Company, Inc. submitted bids. Meridian Construction Management,
Inc. was the low bid in the amount of $26,890. (See attached bid tabulation sheet.) If approved, the demolition
project is anticipated to begin in July 2011 and be completed in fall 2011.
RECOMMENDATION:
A resolution awarding Bid #11-30 and approval of a contract with Meridian Construction Management, Inc. in
the amount of $26,890, with a 15% project contingency of $4,034 for a total project cost of $30,924 for the Boat
Dock Demolition at Lake Sequoyah.
THE CITY OF FAYETTEVILLE, ARKANSAS
BUDGET IMPACT:
This project is funded with Park Land Dedication (SE) funds ($90,000). Total project cost including a 15%
project contingency is $30,924.
Attachments:
Bid Tabulation Sheet
Contract Agreement Signed by Contractor
Purchase Requisition
RESOLUTION NO.
A RESOLUTION AWARDING BID #11-30 AND AUTHORIZING A
CONTRACT WITH MERIDIAN CONSTRUCTION MANAGEMENT, INC. IN
THE AMOUNT OF $26,890.00 FOR DEMOLITION OF THE LAKE
SEQUOYAH BOAT DOCK, AND APPROVING A FIFTEEN PERCENT (15%)
PROJECT CONTINGENCY
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
#11-30 and authorizes a contract with Meridian Construction Management, Inc. in the amount of
$26,890.00 for demolition of the Lake Sequoyah boat dock.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
fifteen percent (15%) project contingency.
PASSED and APPROVED this 3'd day of May, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
S'aireevlle
BID: 11-30
DATE: 05/18111
TIME: 3:00 PM
CITY OF FAYETTEVILLE
Bid 11-30, Boat Dock Demolition at Lake Sequoyah
1DDER'
TOTAL BID PRICE
1 Ark Wrecking Company of Oklahoma, Inc. $124,980.00
2 Barnes Construction Company, Inc. $52,520.00
3 Benchmark Construction
$57,800.00
4 Booher Construction
$67,500.00
5 General Construction Solutions, Inc. $84,444.00
6 Heckathorn Construction Company, Inc. $85,687.00
7 JL Bryson, Inc. $80,000.00
8 Larry Diggs Construction, Inc. $44,687.00
9 Lipsmeyer Demolition, Inc. $75,000.00
10 Meridian Construction Management, Inc. $26,890.00
11 Tomlinson Asphalt Company, Inc. $44,800.00
"NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CERTIFIED:
P. VICE, PURCH MGR WITNE S
O5/ B�U
AT
va'F�e, evle
THE CITY OF FAYETTEVILLE, ARKANSAS
ARKANSAS
www.accessfayettevilie.org
CONTRACT
REFERENCE BID: 11-30, Boat Dock Demolition at Lake Sequoyah
Contractor Meridian Construction Management, Inc.
Term: Single Project
This contract executed this 7 day of \J UAL— , 2011, between the City of Fayetteville, Arkansas, and
Meridian Construction Management, Inc. In consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Meridian Construction Management, 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 11-30 as stated in Meridian
Construction Management. Inc. bid proposal, and in accordance with specifications attached hereto
and made a part hereof under Bid 11-30, all included herein as if spelled out word for word.
2. The City of Fayetteville shall pay Meridian Construction Management. Inc. based on their bid
proposal in an amount not to exceed $26,890.00. Payments will be made after approval and
acceptance of work and submission of invoice. Payments will be made approximately 30 days after
receipt of invoice. Not to exceed price shall include any applicable local, state, and federal taxes as
stated in the bid documents.
3. The Contract documents which comprise the contract between the City of Fayetteville and Meridian
Construction Management, Inc. consist of this Contract and the following documents attached hereto,
and made a part hereof:
A. Bid form identified as Invitation to Bid 11-30 with the specifications and conditions typed
thereon.
B. Meridian Construction Management. 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
Meridian Construction Management. Inc. and may be modified only by a duly executed written
instrument signed by the City of Fayetteville and Meridian Construction Management. Inc.
5. Meridian Construction Management. Inc. shall not assign its duties under the terms of this
agreement.
6. Meridian Construction Management, 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 Meridian Construction Management, 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.
City of Fayetteville, AR
Contract for Bid 11-30, Boat Dock Demolition at Lake Sequoyah
Page 1 of 3
7. Meridian Construction Management. Inc. shall fumish 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 Workers Compensation Insurance, Meridian Construction
Management. 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.
Workmen's Compensation Statutory Amount
Comprehensive General &
Automobile Insurance
Bodily Injury Liability
Property Damage Liability
$500,000 for each person injured.
$1,000,000 for each accident.
$1,000,000 aggregate.
The premiums for all insurance and the bond required herein shall be paid by Meridian Construction
Management, Inc.
8. Meridian Construction Management, 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 Meridian Construction Management~
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 Scone 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 OF
fie•
2011.
OF FAYETTEVILLE,
YETTE LLE, RKANSAS
NELD JOR ayor
Attes
Sondra Smith, City Clerk
City of Fayetteville, AR
Contract for Bid 11-30, Boat Dock Demolition at Lake Sequoyah
Page 2 of 3
ri t►r,1p
E ; FAYETTEVILLE: E
41-2-
BY miONTRACTO ��,_`-
re T. l., (.�'Yti'
NAME AND TITLE
AS':,QMPANY SECRETARY
I
PO 53t,1Zf asP"12151
BUSINESS ADE KESS
City of Fayetteville, AR
Contract for Bid 11-30, Boat Dock Demolition at Lake Sequoyah
Page 3 of 3
City Of Fayetteville - Purchase Order (PO) Request
(hint a Rurchaae order)
AN purchases under $2500 shell be used On a P -Card unless medical or 1099 service related. (CaN a256 with questions)
AO PO Request shaft be scanned to the Purchasing e-mail: Purchasing@cl.fayetrevi le.ar.us
Requisition No.:
Dale:
6Rfmo11
VD Number:
Lxpected Debvery Date-
Vendor #:
Vendor Name:
Meridian Construction Management. Inc.
Ma ii
Yes:_ NO:
Address:
PO Box 538
Fob Point:
Taxable
Yes:_ No:_
Quotes Attached
Yes:_8id Tab_ No:
City:
Rogers
State:
AR
Zip Code: Ship to code:
72757
Divison Head Ap a
Requester:
Byron Humphry, Maintenance Superintendent
Requester's Employee 8:
2557
Extension:
368
Item
Description
Quantity
Unit of Issue
Unii Cost
Extended Cost
Account Numbers
ProjeWSvbprojecl 0
Inventory #
Fixed Asset 8
1
2
3
4
5
6
7
8
9
70
Boat Dock Demolition at Lake
Sequoyah
1
1
LS
826,890.00
2250.8256.5806.00
02043.2
80.00
50.00
80.00
50.00
50.00
80.00
60.00
50.00
80.00
Shipping/Handling
Lot
50.00
Special Instructions:
Tax is Included in the bid price.
Subtolat:
Tax:
Total:
626690.00
826.890.00
Approvals:
Mayor:
Finance
Dispatch
Department
Budget Manager:
Utilities Manager:
Director:
Purchasing Manager:
& Internal Services Director:
Manager:
IT Manager:
Other:
Reused 1)212079
THE AMERICAN INSTITUTE OF ARCHITECTS
Premium Amount Based
on Final Contract Amount
Bond No. 1007853
AIA Document A312
Performance Bond
Any singular reference to Contractor. Surety. Omer or other party shall be considered plural where applicable,
CONTRACTOR (Name and Address):
MERIDIAN CONSTRUCTION MANAGEMENT, 1
Po Box 538
Rogers, AR 72757
OWNER (Name and Address):
City Of Fayetteville
113 West Mountain, Room 306
Fayetteville, AR 72701
SURETY (Name and Principle Place of Business):
NC. Oklahoma Surety Company
P.O. Box 1409
Tulsa, OK 74101
CONSTRUCTION CONTRACT
Date: , 0
Amount: $26,890.00
Description (Name and Location):
Boat Dock Demolition at Lake Sequoyah Project #11-30
BOND
Date (Not earlier than Construction Contract Date):
Amount: $26,890.00
Modifications to this Bond:
[X] None
CONTRACTOR AS PRINCIPAL
COMPANY: (Corporate Seal)
MERIDIAN _ONS"' CTION MANAGEMENT, INC.
Signature:
Name and Title: Nut
L pia i (`„ciefal'V
(Any additional signatures appear on page 3)
I11Il111lll111111111lllln111llll11111ll111lllll@III11IVII111IVNI
Doc ID 014070340007 Type LIE
Kind PERFORMANCE BOND
Recorded: 06/17/2011 at 04:25:22 PM
Fee Amt: $45.00 Paae 1 of 7
Washington County. AR
Bette Stamps Circuit Clerk
F11e13030-00000555
SURETY
COMPANY:
Oklahoma Surety Com i any
Signature:
Name and itle:
L] See Page 3
(Corporate Seal)
Miki J. Rogers ARLic.# 2925• •' orney-in-Fact
FOR INFORMATION ONLY -Name, Address and Telephone
AGENT OR BROKER:
Babb Bonding, Inc.
P. 0. Box 6255
Sherwood, AR 72124
OWNER'S REPRESENTATIVE (Architect,
or Engineer or other party):
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA o
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20008
THIRD PRINTING - MARCH 1987
A 312-1984 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 shalt 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 shalt 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 and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its rights 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 therefore to the Owner; or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefore.
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 aftter 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 taw, the minimum period of limitation avail -
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA o A 312-1984 2
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006
4
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
COMPANY: (Corporate Seal)
Signature:
Name and Title:
SURETY COMPANY: (Corporate Seal)
Signature
Attorney -in -Fact
DOCUMENT A312 PERFORMANCE BOND AN PAYMENT BOND DECEMBER 1984 3D,. ALA 0
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. N.W., WASHINGTON, D.C. 20006
THIRD PRINTING - MARCH 1487
A312-1984 3
ALA
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 1007853
AIA Document A312
Payment Bond
Any singular reference to Cantnetor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
MERIDIAN CONSTRUCTION MANAGEMENT, INC.
Po Box 538
Rogers, AR 72757
OWNER (Name and Address):
City Of Fayetteville
113 West Mountain, Room 306
Fayetteville, AR 72701
SURETY (Name and Principle Place of Business):
Oklahoma Surety Company
P.O. Box 1409
Tulsa, OK 74101
CONSTRUCTION CONTRACT
Date: , 0
Amount: $26,890.00
Description (Name and Location):
Boat Dock Demolition at Lake Sequoyah Project #11-30
BOND
Date (Not earlier than Construction Contract Date):
Amount: $26,890.00
Modifications to this Bond: None
CONTRACTOR AS PRINCIPAL
COMPANY: (Corporate Seal)
MERIDIAN CONSTRUCTION MANAGEMENT, INC.
Signature: ��MU
Name and Title: r„q L be `, SeCtary
(Any additional signatures appear on page 6) "�
See Page 6 XX
SURETY COMPANY:
Oklahoma Surety Com ranv
Signature:
(Corporate Seal)
IMPPiki J. Rogers'ARLi. # 29 Attorney -in -Fact
FOR INFORMATION ONLY -Name, Address and Telephone
AGENT OR BROKER:
Babb Bonding, Inc.
P. O. Box 6255
Sherwood, AR 72124
OWNER'S REPRESENTATIVE (Architect,
Engineer or other party):
AIA DOCUMENT A312 PERFORMANCE BONO ANO PAYMENT SONO DECEMBER 1984 EO., AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING - MARCH 1987
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 ail sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials, or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens, or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the addres described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5. If a notice required by Paragraph 4 is gven 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 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
tabor 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., AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING - MARCH 1987
A312-1984 5
Bond shall be construed as a statutory bond and not as a
common law bond.
14. Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15. DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the Tabor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision:
Within a reasonable time (1) after the claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it
requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the
above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim.
However, in such event the Claimant may bring suit against the Surety as provided 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: (Corporate Seal)
Signature:
Name and Title:
SURETY COMPANY:
(Corporate Seal)
Signature:
Attomey-in-Fact
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W._WASHINGTON, D.C. 20008
THIRD PRINTING - MARCH 1987
A312-1984 6
OKLAHOMA SURETY COMPANY
1437 SOUTH BOULDER, SUITE 200 • TULSA, OKLAHOMA 74119 • 918-587-7221 • FAX 918-588-1253
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the OKLAHOMA SURETY COMPANY , a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if
more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety,
any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. Kimberly L Babb, Alan J.
Rogers and Miki J. Rogers, individually of SHERWOOD, AR
IN WITNESS WHEREOF, the OKLAHOMA SURETY COMPANY has caused these presents to be signed and attested by its appropriate
officers and ,S$ rrorporate seal hereunto affixed this 02 day of June , 2010
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OKLAHOMA SURETY COMPANY
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ATTEST: ''•'"''
SARA AND SON ASSISTANT SECRETARY TODD BAZATAVICE PRESIDENT
On this 02 day of June , 2010 before me personally appeared TODD BAZATA , to me known, being
duly sworn, deposes and says that s/he resides in Tulsa, Oklahoma, that s/he is a Vice President of Oklahoma Surety Company, the company
described in and which executed the above instrument; that s/he knows the seal of the said Company; that the seal affixed to the said instrument is such
corporate seal; that it was so affixed by authority of her/his office under the By -Laws of said Company, and that s/he signed his name thereto by like
authority.
STATE OF OKLAHOMA
COUNTY OF TULSA
SS
Commission # 05000936
My Commission expi es: 01-26--13
L FAY JE SE
73 ----"Notary ublic
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Oklahoma Surety Company
by unanimous written consent dated September 25, 2009.
RESOLVED: That the President, the Executive Vice President, the several Senior Vice Presidents and Vice Presidents or any one of them,
be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective
Omits of their authority: and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of
the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of
suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
CERTIFICATION
1, SARA ANDERSON Assistant Secretary of Oklahoma Surety Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of September 25, 2009 have not been revoked and are now in full force and effect.
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: SEAL ••=•
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VOID IF BOX IS EMPTY
Signed and sealed this k. L. day
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SARA AND SON
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Assistant Secretary