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HomeMy WebLinkAbout71-13 RESOLUTIONRESOLUTION NO.71.-13 A RESOLUTION APPROVING A CONTRACT WITH AR RAHIM METAL TRADING, INC. IN THE NET AMOUNT OF $84,199.05 FOR THE SALE AND REMOVAL OF THE TYSON BUILDING ON HUNTSVILLE ROAD 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 with AR Rahim Metal Trading, Inc. in the net amount of $84,199.05 for the sale and removal of the Tyson Building on Huntsville Road. A copy of the contract is attached and incorporated in to this Resolution as Exhibit "A". PASSED and APPROVED this 2nd day of April, 2013. APPROVED: �0 ATTEST: By._ SONDRA E. SMITH, City Clerk/Treasurer of Y OF {� ��• wcns_ =tee EAYETTEVILLE: TON CONTRACT Reference: Sale 13-256, Industrial Building - Salvage & Scrap Material Buyer: AR Rahim Metal Trading Inc. Term: Single Project Address of Building Sold: 1851 E. Huntsville Road, Fayetteville, AR 72701 This contract executed this Lid-� day of , 2013, between the City of Fayetteville, Arkansas, and AR Rahim Metal Trading. Inc_ In c nsideration of the mutual covenants contained herein, the parties agree as follows: AR Rahim Metal Tradinc. 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 per Sale 13-256 as stated in Sale 13-256, and in accordance with specifications attached hereto and made a part hereof under Sale 13-256, all included herein as if spelled out word for word. 2. AR Rahlm Metal Tradinc,_Inc. understands and agrees no real estate or land is part of this contract. 3. All property removal and site clean up shall be completed within 90 calendar days of receiving Notice to Proceed from the City of Fayetteville, AR. 4. Completion of this contract includes but is not limited to demolition, removal of all equipment and materials; clean up of all required debris, and piling all concrete materials on site in a designated location. 5. AR Rahim Metal Trading, Inc. shall pay the following based auction titled Sale 13-256 through GovDeals, Inc. a. AR Rahim Metal Trading, Inc. shall pay GovDeals, Inc. a total of $95,577.30 for the purchase of this asset. Total money paid by AR Rahim Metal Trading, Inc. is allocated as: 1. $91,026 for the purchased asset ii. $4,661.30 for Buyer's Premium Fees, paid to GovDeals, Inc. directly. 6. The Contract documents which comprise the contract between the City of Fayetteville and AR Rahim Metal Trading. Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: i. Sale 13-256: Auction information from GovDeals, Inc.: Live Auction View ii. Sale 13-256: Auction Information from GovDeals, Inc.: Bid History iii. Sale 13-256: Auction Information from GovDeals, Inc.: Seller's Certificate iv, Sale 13-256: Structure Layout v. Sale 13-256: Aerial Photographs, 2 total vi. Sale 13-256: Terms and Conditions, Addendum 1 (amending Terms and Conditions) City of Fayetteville, AR Contract— Sale 13-256, Industrial Building - Salvage & Scrap Material Page 1 of 4 a EXHIBIT vii. Sale 13-256: Terms and Conditions viii. Sale 13-256: Bid Deposit Information 7. These Contract documents constitute the entire agreement between the City of Fayetteville and AR Rahim Metal Trading. Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and AR Rahim Metal Trading, Inc. 8. AR Rahim Metal Trading, Inc. shall not assign its duties under the terms of this agreement without prior express written consent by the City of Fayetteville, 9. AR Rahim Metal Trading, 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 AR Rahim Metal Trading, 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. 10. AR Rahim Metal Trading, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that the company carries the insurance listed in original auction which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, AR Rahim Metal Trading, Inc, small 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. The premiums for all insurance and the bond required herein shall be paid by AR Rahim Metal Trading, Inc. 11. AR Rahim Metal Trading, Inc. shall furnish proof of licensure as required by all local and state agencies. 12. Liens against, constructionprojects: No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-601 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and AR Rahim Metal Trading. Inc. promises to provide a performance bond in a sum equal to $250,000. AR Rahim Metal Trading. Inc. shall notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 13. 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. 14. Changes in Sco a 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. City of Fayetteville, AR Contract - Sale 13-256, Industrial Building - Salvage & Scrap Material Page 2 of 4 AR RAHiM METAL TRADING, INC. By: Sign ure Mo yro, v,,-,ee. c� �-2--a 1-,q Printed Buyer Name & Title ATTEST: ,v Company Secretary Business Address c -- City, State & Zip Code Date Signed: ! r 1&.n" P,- 1 I �,_� . CITY 07 EAYETTE LLE, ARKANSAS .r A JOjtl:)-i9A, Mayor (Signature) ATTEST: . a'j" Z JA.?L Son ra Smith, City Clerk Date Signed: _ W, /13 City of Fayetteville, AR Contract — Sale 13-256, Industrial Building - Salvage & Scrap Material Page 3 of 4 jR •G`T Y O,c •'rC'''�. _ •rri s Ems; FAYETTEVILLE;� A • 4 ,, i j O NA 0,��• City of Fayetteville, AR Rahim Metal Trading, Inc. 1. Sale 13-256: 2. Sale 13-256: 3. Sale 13-256: 4. Sale 13-256: 5. Sale 13-256: 6. Sale 13-256: 7. Sale 13-256: S. Sale 13-256: Sale 13=252 Appendix A Auction Information from GovDeals, Inc.: Live Auction View Auction Information from GovDeals, Inc.. Bid History Auction Information from GovDeals, Inc.: Seller's Certificate Structure Layout Aerial Photographs, 2 total Terms and Conditions, Addendum 1 (amending original Terms & Conditions) Terms and 'Conditions Bid Deposit Information City of Fayetteville, AR Contract — Sale 13-256, Industrial Building - Salvage & Scrap Material Page 4 of 4 j ! I i r 0 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/2/2013 City Council Meeting Date Agenda Items Only David Jurgens Utilities Management Submitted By Division Utilities Department Action Kequirea: Approve a salvage contract with AR Rahim Metal Trading, Inc. who will remove the Tyson Building to slab grade, whereby the City will be paid a net amount of $84,199.06. Cost of this request c1 981. oz 't41 70.Og4-) • - rF Account Number 02046.1301 Project Number Budgeted Item 0 797,331 Category / Project Budget $ 5.950 Funds Used to Date $ 791,381 Remaining Balance Budget Adjustment Attached I� Tyson Building Demolition Program Category / Project Name Building Improvements Program 1 Project Category Name Sales Tax Capital Fund Name ,3 a J'& Previous Ordinance or Resolution # Date Original Contract Date: s�s�V"f Original Contract Number: Date 5A IllAv Finanoe and Internal Services Director JMz '� Chief of S ff Da t r Mayor I to Comments: 26-13 2/5/2013 03-21-13A11:53 f,CVD Received in City / Clerk's Office A 1 J Received in Mayor's Office Revised January 15, 2009 r• ay,eevle tl -ARKANSAS� To: Thru: From: Date: Fayetteville City Council Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens, Utilities Director March 21, 2013 CITY COUNCIL AGENDA MEMO MEETING DATE OF APRIL 2, 2©13 THE CITY OF FAYETfEVILLE, ARKANSAS Subject: Tyson Building Removal Contract with AR Rahim Metal Trading, Inc. for $91,026 RECOMMENDATION City Staff recommends approving a salvage contract with AR Rahim Metal Trading, Inc. who will remove the Tyson Building to within 6" of the slab grade, whereby the City will be paid a net amount $84.199.05. BACKGROUND The City of Fayetteville is removing the Tyson Building at 1851 East Huntsville Road, in preparation for sale and development of approximately two acres of the site to Kum & Go. The sale contract was executed February 5t', 2013, and contains the following statement: "The City of Fayetteville agrees to demolish or pay a reputable contractor to demolish and remove unsalvageable debris of the old Tyson Factory to include removing its foundation, footings and slab within four months of both parties' execution of this Agreement." Staff developed a two part solution. First, we advertised the structure itself through GovDeals, an on-line bidding company, in an effort to sell the building for salvage. This produces several benefits: (1) it reduces the overall cost of removing the building; (2) it guarantees the maximum amount of material from the facility will be beneficially diverted from the landfill, either through reuse as - is, reuse for a different purpose, or recycling, meeting the requirement of Resolution 46-13 passed March 5° 2013, which states: "That City Council of the City of Fayetteville, Arkansas hereby requests that the administration ensure at least 75% of non -hazardous demolition waste from the former Mexican Original factory be recycled or otherwise diverted from the landfill as per LEED-NC MR c2.2." Second, supported by Garver Engineers, we are developing plans to solicit bids for a contractor remove the slab and foundation and grind all concrete, masonry, and asphalt material. DISCUSSION The GovDeals bid closed Wednesday, March 2e at 2:00 p.m. central time. Five organizations bid on the building, with AR Rahim Metal Trading out of Dallas, Texas being the winning bidder. Per the specifications of that bid, the contractor shall: ➢ remove the structure to within 6" of the slab within 90 days from issuance of the notice to proceed; ➢ leave all masonry and concrete on site for grinding by a follow-on contractor, and ➢ provide documentation of the disposition of all material from the structure. Staff can negotiate with the bidder after the contract is awarded regarding repurposing of specific items of the structure. AR Rahim Metal Trading shall pay GovDeals a total of $91,026 for the purchase of the building, with the City receiving a net revenue of approximately $84,199.05. Seller Premium Fees of $6,826.95 will be withheld from the total amount by GovDeals. BUDGETIMPACT The City will receive net proceeds of $84,199.05 that will be placed in Building Maintenance capital funding. GovDeals Tyson Sale CCMemoMar13 RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT WITH AR RAHIM METAL TRADING, INC. IN THE NET AMOUNT OF $84,199.05 FOR THE SALE AND REMOVAL OF THE TYSON BUILDING ON HUNTSVILLE ROAD 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 with AR Rahim Metal Trading, Inc. in the net amount of $84,199.05 for the sale and removal of the Tyson Building on Huntsville Road. A copy of the contract is attached and incorporated into this Resolution as Exhibit "A". PASSED and APPROVED this 2nd day of April, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Sale 13-256, Industrial Building - Salvage & Scrap Material TIME EXTENSION - Gov... Page 1 of 4 GovDealv A A tQUIDUY SERVICES MARKETPLACE Liken I Sale 1 2 b, agdustrial Buiidiri Salvage & Scrap at erl —TIME RM9_ 91ON Mare media Restriction. Fayetteville Bid Deposit Required I Tide Restriction Condition i Category Inventory ID No See Description Buildings 13-256, Tyson Bldg/Equip PLEASE NOTE TIME EXTENSION FOR REMOVAL, AS NOTED IN ADDENDUM 1. A $10,000 bid deposit is required prior to any bids being placed. See the attached document below for the instructions on how to make the deposit. Once the deposit is received, your bidder's account will be opened to bidding on this asset This auction is for an approximately 123,918 sq ft industrial building and remaining equipment for either salvage or scrap materials. Please note that no land is included with this sale. The structure is a modified class "C" & "S" light food manufacturing complex. The buyer shall dismantleldemolish the structure and all equipment on site down to within 6 inches of slab grade. Removal shall be complete within 90 calendar days of receiving notice to proceed from City of Fayetteville. The exterior framinglwails are steel and concrete block. Interior framinglwalls are steel and concrete block skeleton with wood partitioning in the finished office areas. Drywall and paneling wall coverings are in the finished areas, but are heavily damaged. The roof is standing seam metal over a steel frame. Some windows remain and are various fixed glass in metal frames. There are various storefront and metal security doors in the structure as well as industrial (tractorltrailer delivery) garage doors. The ceilings are dropped acoustic in the finished areas and open frame in the production and storage areas. The property contains various industrial equipment and miscellaneous structures including, but not limited to storage silos, catwalks, sprinkler system, industrial size walk-in coolers, other refrigeration equipment, HVAC units and evaporation coils. The building has been vacant for several years, and the operable condition of the equipment is unknown. There is not currently power to this facility. Most of the copper from this building has been removed. To our knowledge, all hazardous materials have been removed from the building. The buyer shall leave only the demolished concrete materials for crushing/grinding by others in an area designated on -site by the City of Fayetteville. The successful bidder will be required to execute a contract and be subject to any other terms and conditions as otherwise agreed to by both parties. Please see the attached documents for specialized terms and conditions related to this sale. This site is located at 1851 E Huntsville Rd, Faye tevllle, AR 72701. Only the item described herein is included in the sale regardless of what else is pictured. March 20, 2013. 02:50 PM ET P18 Auction Ends: 3PM13 3.00 PM ET Remaining: 9 Mins 33 Sets Refresh Bid & rime Buyer's Premium: 5.00% Starfing Bid: $600.00 Bids: 17 High Bidder: R"I Current Bid: $1,300.00 Bid Increment: $25.00 Minimum Bid: $1,325.00 Terms and Conditions 7,766 visitors Additional Info. Structure Laulcpdf, Aerial Photographs - Combined. odf, Terms and Conditions -Auction of Industrial B,Pd, Sale 13-256. Addendum 1 - 03.pdf Tyson Bldg Environmental Studies PMI_Inr--pdf, Tyson Blda Environmental Studies EEG Grosrn.rzdf, City of Fayetteville Bid Deposit Informatlon.adf )Seller Information Ask a question Seller Name: City of Fayetteville, AR rview sellers other assetsi Asset Contact: Joanna Main (Phone: 479-575-8256) Asset Location: 113 W Mountain St Fayetteville, Arkansas 72701 Man to this location Q Inspection Bidders are strongly urged to inspect prior to bidding. Please contact Larry Ronnie at 470-675-8360 for viewing or with questions about this building. A pre-bWwalk through inspection will be held Monday, March 11, 2013 at 10AM CST. Each attendee shall sign a liability waiver and release prior entering the facility. Proper footwear and a flashlight are highly recommended. http://www.govdeals.corn/index.cfin?fa=Main.Itelrn&itemlid=256&acctid=3249 3/20/20 t 3 Sale 13-256, Industrial Building - Salvage & Scrap Material TIME EXTENSION - Gov... Page 2 of 4 $ Payment Wiltt §Wa ,MWA = Q Payment methods for this item are Wre Transfer, PayPal, or credit cards (Visa, Mastercard, American Express, Discover) only. PayPal and credit card purchases are limited to below $5.000.00 and Bidders residing in the United States, Canada and Mexico Only. If the winning bid plus applicable taxes, if any Indicated, and the buyer's premium, equals more than $4,999.99, Wore Transfer must be used. If Wire Transfer is chosen, a Wire Transfer Transaction Summary page will provide payment and account information. The Wire Transfer must be completed within 5 days. All payments will be made between the Buyer and GovDeals, Ina Payment in full via Wire Transfer Is due no later than 5 business days from the time and dabs of the Buyer's Certificate. A $10,000 bid deposit is required prior to arty bids being placed. See the attached document for the instructions on how to make the deposit Once the deposit is received, your bidder's accountwill be opened to bidding on this asset Performance Bond: High bidder will be required to submit a $250,000 performance bond to the City of Fayetteville within 10 days of the Notice to Award. The resulting contract for this bid must be approved by the City of Fayetteville Council before notice to proceed will be issued Removal Time is of the essence. All property removal and site clean up shall be complete within 90 calendar days of receiving notice to proceed from the City of Fayetteville. There will be no extensions to this deadline. Liquidated damages in the amount of $500 per calendar day shall be assessed for each day the project is not completed after the 90 calendar day requirement. No work shall begin until a notice to proceed has been issued by the City of Fayetteville. The Buyer will make all arrangements and perform all work necessary, Including packing, loading and transportation of the property. Demolition work may be performed between the hours of 7AM to 7PM Monday - Friday, aAM to 7PM on Saturday and Noon to 7PM on Sunday only. The high bidder shall provide all necessary tools and equipment to remove the structure. Any and all OSHA regulations shall be adhered to at all times during the removal process. The high bidder shall provide required insurance as specified in the attached terms and conditions, a signed contract and a performance Mond prior to any work being commenced. ALL SALES ARE FINAL! [Me Media http://www.govdeals.com/index.cfm?fa=Maiin.Item&iten iid=256&acctid=3249 3/20/2013 Sale 13-256, Industrial Building - Salvage & Scrap Material TIME EXTENSION - Gov... Page 3 of I Special Instructions The City of Fayetteville reserves the right to reject any or all bids, to waiver informalities or irregularities in any bid, to solicit for new bids, or to proceed to dispose of this property by other means, as may be determined to be in the best interest of the City of Fayetteville. The resulting contract for this bid must be approved by the City of Fayetteville Council before notice to proceed will be issued, Buyer will expressly assume all dangers, risks and hazards regarding the building and equipment removal and shall release, protect, indemnify and hold harmless the City of Fayetteville, it's agents, employees and assigns from and against any and all claims, demands, causes of action and damages of any kind, including but not limited to, attorney's fees and litigation costs resulting from any accident, incident or occurrence arising out of or in any way result+ng from the actions of the buyer in removal of the building or equipment. Guaranty waiver: All property is offered for sale "AS lS, WHERE IS.' City of Fayetteville, AR (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the properly offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages —special, direct, indirect, or consequential. For any questions regarding the City's processes for removal, payment, or pick up, contact Joanna Main at 479-575-8256. http://www.govdeals.com/index.cfm?fa=Main.Item&itemid=256&acctid=3249 3/20/2013 Sale 13-256, Industrial Building - Salvage & Scrap Material —TIME EXTENSION - Gov... Page 4 of 4 If you are the winning bidder and default by failing to adhere to this sellers terms and conditions your account with GovDeals WILL BE LOCKED! ?Questions and Answers Ask a auestion Q: Only 30 days? This looks like a 6 month job, at least. You took 264 pictures, at two days removal per picture (thats fast)thatwould be 328 days to remove plus handle breakdowns, bad weather, city interferance, ect. Can we get this time frame lifted? Cyndi451 (2121113 9:52 PM) A: Due to other contractual obligations, this is a firm time frame. Update WV13: The City is in process of negotiating a time extension for this project. Any changes will be posted to the auction listing as soon as possible. UPDATE 3f7113: The removal time has been extended to 90 calendar days. (2122113 10:07 AM) Q: what will happen if the bid winner goes pass the 30 days? (2/25f13 2:67 PM) A: The removal time has been extended to 90 calendar days. Liquidated damages In the amount of $500 per day will be assessed after the 90 day requirement. (3/8113 9:52 AM) Q: 30 Days is not dose for us. Sic months maybe? (2127113 4:10 PM) A: The City is in process of negotiating a time extension for this project. Any changes will be posted to the auction listing as soon as possible. UPDATE 3/7113: The removal time has been extended to 90 calendar days. (2128113 3:13 PM) a will you take a bid bond in the amount of 10,000.00? (2/28113 10:31 AM) A: At this time we are only allowing the $10,000 bid deposit to be made with GovOeals priorto bidding. (314113 4:10 PM) Q: Can we get more time, it is hard to finish in 30 Days? (2128113 2:49 PM) A: The City is in process of negotiating a time extension for this project Any changes will be posted to the auction listing as soon as possible. UPDATE 317/13: The removal time has been extended to 90 calendar days. (2/28113 3:14 PM) Q: Does the city require a demolition permit (311113 $:51 AM) A: Yes, a demolition permit will be required through the City of Fayetteville Development Services. The fee for the permit will be waived. The permit must be pulled by an individual or company holding a contractor's license through the Stale cfArkansas. For more detailed information concerning the permit process, you may contact Building Safety in Development Services by calling 47"75-8233. (311113 10:06 AM) Q: The time frame of 30 days is not an issue for the demolition, as long as its not including the time it takes to get the permit, bonding requirements and mobilization. -It separates the good contractors from the bad. Can you change the 30 days to be from the actual start date of the demolition? (314113 8:15 AM) A: The current schedule is set so that the auction is closing on 3120/13 and the contract is to go before our City Council for approval on the evening of 412113. The successful bidder will be Issued a notice of award and will have 10 days to provide required documentaion to the City_ The demolition permit may be pulled with the City using the notice of award. Once we have the required documentation on file, a notice to proceed will be issued. The time to complete the removal Is based from the notice to proceed date. At this time, the City is in the process of negotiating a time extension far this project. Any changes will be posted to the auction Ilsbng as soon as possible. UPDATE 317113: The removal time has been extended to 90 calendar days. (314113 4:31 PM) Help Desk Hours: Monday - Friday, 8 am - 7 pm ET. Contact us with any questions, comments or concernsLWAY . CopgNW P 2013, GovDWs, k= AO Rights Reser M, 8i ��Q _.. hm ao It Network com�rrvstry Lf�OI!t •�lJi lhrekCanlercom Oh r.rn�mnaom�xsvwat�vet h1tCVIQtT!SEfKu55vR�E,o1.�tf �.vn�xrrafawt�uce AIT�'6CKNCFSM4W�lPlFCE 4WInanY�SM10ES�MNREiPIFtE hup://www.govdeals.come/index.efin?fa=Main.Item&itemid=256&acctid=3249 3/20/2013 GovDeals Client Asset Server Page l of 2 City c f Fayetteville, AR timeout in 58:43 Joanna Main Log Out HOME ASSETS MAINTENANCE TIERS SECURITY REPORTS INFORMATION HELP Blank Asset Q t£ A (7) Modify Asset Bill of Sale Auction Dates Bid Awards Previous Results Bid history for Sale 13-256, Industrial Building - Salvage & Scrap Material TIME EXTENSION Auction Start Date: 02/20/2013 6:02 PM Auction End Date: 03/20/2013 3:00 PM Asset ID: 256 Userid Bid Date/Time Bid Amount arcinc 03/20/2013 2:59:45 PM $g1026.00 ' RMCI 03/20/2013 $91001.00 2:59:45 PM ' RMCI 03/20/2013 $15 025.00 2:59:26 PM ' J.WANGEN@IDSDEMO.COM 03/20/2013 2:59:26 PM $15 000.00 ' RMCI 03120/2013 $10 025 00 2:59:17 PM ' J.WANGEN@IDSDEMO.COM 03/20/2013 2:59:17 PM $10 000.00 ' RMCI 03/20/2013 $4,775.00 2:59:06 PM J.WANGEN@IDSDEMO.COM 03/20/2013 2:59:06 PM $4 750.00 RMCI 03/20/2013 $4 525.00 2:58:55 PM ' J.WANGEN@IDSDEMO.COM 03/20/2013 2:58:55 PM $q 500.00 ' RMCI 03/20/2013 $4 025.00 2:58:46 PM ' J.WANGEN@IDSDEMO.COM 03/20/2013 2:58:46 PM $4 000.00 ' RMCI 03/20/2013 $3,525,00 2:58:32 PM J.WANGEN@IDSDEMO.COM 2:58:32 PM2 PM :58:3 $3,500.00 RMCI 03/20/2013 $2 625.00 2:57:43 PM ' brucef 03/20/2013 $2 600A0 2:57:43 PM ' RMCI 03/20/2013 $1,525.00 2:56.46 PM http://www.govdeals.net/index.cfm?fa=Assets.BidHistory&asset_id=256 3/20/2013 GovDeals Client Asset Server Page 2 of 2 For Support, contact your CSR: Buck Pelfrev (423 260-7428) or call 800- Site Mao 613-0156 from 9 am - 6 pm ET or email SmpDo Acet ID: 3249 - P13 http://www.govdeals.net/index.cfm?fa=Assets.BidHistory&asset_id=256 3/20/2013 GovDeals Seller's Certificate: 256-0320131500-3249 Page 1 of 4 GovDeals Seller's Certificate: 256-0320131500-3249 Congratulations, City of Fayetteville, AR has sold another item on the GovDeals Auction Services. BUYER (#77401) Name: mohamed azam Company: Ar rahim metal trading Inc Title To: mohamed azam Phone: 972-325-1574 Fax: 972-483-4737 Email: arcinc711 @gmail.com Address: 4663 Wyoming St 4653 Wyoming Street Dallas, TX 75211-7843 SELLER (#3249) Agency: City of Fayetteville, AR Contact: Joanna Main Phone: 479-575-8256 Email: )main@ci.fayetteville.ar.us Address: 113 W Mountain St. Room 306 Fayetteville, AR 72701 ITEM INFORMATION FOR ASSET ID: 256 Item: Sale 13-256, Industrial Building, - Salvage & Scrap Material TIME EXTENSION Pick Up Location: 113 W Mountain St. Fayetteville. AR 72701 Inventory ID: 13-256, Tyson Bldg/Equip Account ID: 3249 Condition: See Description Quantity: 1 each Make/Brand: Not Provided Model: Not Provided VIN/Serial: Not Provided Model Year: Not Provided Meter: 0 (Accurate?:) Title Restrictions: No Date Item Amount 03/20/2013 3:00 PM Sale 13-256, Industrial Building - Salvage & Scrap Material --TIME EXTENSION $91,026.00 Tax None $0.00 Buyer's Premium 5.00% $4,551.30 Total $95,577.30 Print - Close http://www.govdeals..net/CertPopup.cfhi?asset—id=256 3/20/2013 GovDeals Seller's Certificate: 256-0320131500-3249 Page 2 of 4 Payment Instructions: All payments will be made between the Buyer and GovDeals, Inc. Payment in full via Wire Transfer is due no later than 5 business days from the time and date of the Buyer's Certificate. A $10,000 bid deposit is required prior to any bids being placed. See the attached document for the instructions on how to make the deposit. Once the deposit is received, your bidder's account will be opened to bidding on this asset. Performance Bond: High bidder will be required to submit a $250,000 performance bond to the City of Fayetteville within 10 days of the Notice to Award. The resulting contract for this bid must be approved by the City of Fayetteville Council before notice to proceed will be issued. Removal Instructions: Time is of the essence. All property removal and site clean up shall be complete within 90 calendar days of receiving notice to proceed from the City of Fayetteville. There will be no extensions to this deadline. Liquidated damages in the amount of $500 per calendar day shall be assessed for each day the project is not completed after the 90 calendar day requirement. No work shall begin until a notice to proceed has been issued by the City of Fayetteville. The Buyer will make all arrangements and perform all worts necessary, including packing, loading and transportation of the property. Demolition work may be performed between the hours of 7AM to 7PM Monday -Friday, SAM to 7PM on Saturday and Noon to 7PM on Sunday only. The high bidder shall provide all necessary tools and equipment to remove the structure. Any and all OSHA regulations shall be adhered to at all times during the removal process. The high bidder shall provide required insurance as specified in the attached terms and conditions, a signed contract and a performance bond prior to any worts being commenced. ALL SALES ARE FINAL! Special Instructions: The City of Fayetteville reserves the right to reject any or all bids, to waiver informalities or irregularities in any bid, to solicit for new bids, or to proceed to dispose of this property by other means, as may be determined to be in the best interest of the City of Fayetteville. The resulting contract for this bid must be approved by the City of Fayetteville Council before notice to proceed will be issued. Buyer will expressly assume all dangers, risks and hazards regarding the building and equipment removal and shall release, protect, indemnify and hold harmless the City of Fayetteville, its agents, employees and assigns from and against any and all claims, demands, causes of action and damages of any kind, including but not limited to, attorney's fees and litigation costs resulting from any accident, incident or http://www.govdeals.net/CertPopup.efin?asset—id=256 id=256 3/20/2013 GovDeals Seller's Certificate: 256-0320131500-3249 Page 3 of 4 occurrence arising out of or in any way resulting from the actions of the buyer in removal of the building or equipment. Guaranty Waiver: All property is offered for sale "AS IS, WHERE IS." City of Fayetteville, AR (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages — special, direct, indirect, or consequential. For any questions regarding the City's processes for removal, payment, or pick up, contact Joanna Main at 479-575-8256. If you are the winning bidder and default by failing to adhere to this sellers terms and conditions your account with GovDeals WILL BE LOCKED! Description: PLEASE NOTE TIME EXTENSION FOR REMOVAL, AS NOTED IN ADDENDUM 1. A $10,000 bid deposit is required prior to any bids being placed. See the attached document below for the instructions on how to make the deposit. Once the deposit is received, your bidder's account will be opened to bidding on this asset. This auction is for an approximately 123,918 sq ft industrial building and remaining equipment for either salvage or scrap materials. Please note that no land is included with this sale. The structure is a modified class "C" & "S" light food manufacturing complex. The buyer shall dismantle/demolish the structure and all equipment on site down to within 6 inches of slab grade. Removal shall be complete within 90 calendar days of receiving notice to proceed from City of Fayetteville. The exterior framing/walls are steel and concrete block. Interior framing/walls are steel and concrete block skeleton with wood partitioning in the finished office areas. Drywall and paneling wall coverings are in the finished areas, but are heavily damaged. The roof is standing seam metal over a steel frame. Some windows remain and are various fixed glass in metal frames. There are various storefront and metal security doors in the structure as well as industrial (tractor/trailer delivery) garage doors. The ceilings are dropped acoustic in the finished areas and open frame in the production and storage areas. The property contains various industrial equipment and miscellaneous structures including, but not limited to storage silos, catwalks, sprinkler system, industrial size walk-in coolers, other refrigeration equipment, HVAC units and evaporation coils. The building has been vacant for several years, and the operable condition of the equipment is unknown. There is not currently power to this facility. Most of the copper from this building has been removed. To our knowledge, all hazardous materials have been removed from the building. The buyer shall leave only the demolished concrete materials for crushing/grinding by others in an area designated on -site by the City of Fayetteville. The successful bidder will be required to execute a contract and be subject to any other terms and conditions as otherwise agreed to by both parties. Please see the attached documents for specialized terms and conditions related to this sale. This site is located at 1851 E Huntsville Rd, Fayetteville, AR 72701. http://www.govdeals.net/CertPopup.cfm?asset—id=256 3/20/2013 GovDeals Seller's Certificate: 256-0320131500-3249 Page 4 of 4 Only the item described herein is included in the sale regardless of what else is pictured. http://www.govdeals.net/CertPopup.cfin?asset—id=256 3/20/2013 Building Sketch — Original Plant La out (referenced in photos) PLANT MANAQls�4 NT STORME AM FARn SroRX6 MAiMiENANCE A1tEA WAi2MUSE polulw STORAGE NMTF0NM0DUC nONAREA 2W ' Outsm>~ BREAK AREA 7RAMC FLOW C0PJUD R wAPJDWsE CENTRAL PRODUCT[oN AREA OFECES CUBICUS PORTION EMMOYEE 'so'+ BREAWCAFETBM 'ae" TANKS IV SPECIIALum PORTION 11S WARWOUSE STORAM l32' TRUCK SCALES AREA CALCULATIous SUMMARY code assedpo- On wdygo" ea" nam foosviaw =3910.00 223M.00 pjp NORM CDVBmw IOUs[ 2114.00 - I , povm� 2056.00 1 4270.00 ormog..oeu..m EULDING AREA WEAPMOT anWdowo 3ubwws roams =.a x s18.0 4"0.00 116.6 s MA 12390:00 0.0 x 50.0 2480." 25.0 ,x 50.0 =M.00 18.0 x 21.0 376A: 7.0 x 140.0 3a36.0 254.0 x 366.0 0246i.00 74.0 x 100.0 7460.00 20.0 x 84.0 1600.00 TOTAL BUILDING (rounded) I 123918 9 Cakwhrm= Total (rounded) r23918 60 ,9076 3 6 40 80 360 24F Feet NORTH 0 70 140 280 420 Feet NORTH Sale 13 256, Addeidwn 1 Date: Friday, March 08, 2013 To: All Prospective Bidders I ARKANSA5 From: Joanna Main, CPPB — 479-575-8256 —imaini'ar?_ei.fayetteville.ar.us RE: Sale 13-256, Industrial Building — Salvage & Scrap Materials N This addendum is hereby made a part of the terms and conditions to the same extent as though it were originally included therein. e Sale 13-256 has the following modifications and clarifications listed below: 1.) All properly removal and site clean up shall be complete within 90 calendar days of receiving Notice to Proceed from the City of Fayetteville. a. Liquidated damages in the amount of $500 per calendar day shall be assessed for each day the project is not completed after the 90 calendar day requirement. 2.) Any rented or leased dumpster(s) required for job completion shall be obtained through the City of Fayetteville Solid Waste Division Drop Box Program. For more information please call Commercial Services at 479-575-8397. 3.) "Call Before You Dig" State Law: a. State Laws passed requiring notification and marking of underground items before digging on a construction project using mechanized equipment or hand tools are a requirement of this project. Failure to not do so can result in penalties. Safety is entirely the responsibility of the Contractor(s) and the Contractor(s) are to obtain a full understanding of and comply with all notification laws, regulations or customary requirements of the location, jurisdiction or place in which the work is to be performed. The phone number for Arkansas One Call is 1-800-482-8998. 4.) Copies of the environmental site assessment and the asbestos removal reports are now included with the sale documents. These reports are for informational purposes only. To our knowledge, all hazardous materials have been removed from the building. 5.) All reinforcing metal and other non-grindable material must be removed and recycled and/or properly disposed of by the contractor. 6.) All materials disposition shall be documented in compliance with LEED-NC MRc2.2. Documentation shall be provided to the City of Fayetteville. The expectation is that at least 75% of the non -hazardous demolition waste from this site can be reused, repurposed, recycled or otherwise diverted from the landfill. City of Fayetteville, Arkansas Sale 13-256, Addendum 1 Page 1 of 1 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 • City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 le 64 Phone: 479.575.8220 IA R K A N S A S TDD (Telecommunication Device for the Deaf): 479.521.1316 Direct Link to Auction: http:llwww.govdeals.comlindex.cfm?fa=Main. Item&itemid=256&acctid=3249 OR www.govdeals.com, search by location, enter zip code 72701, select City of Fayetteville, AR City of Fayetteville, AR GovDeals.com Auction: Former Tyson Building, 1851 E. Huntsville Rd., Fayetteville, AR Posted 02/20/2013 Page 1 of 7 TERMS AND CONDITIONS ONLINE AUCTION Sale of Industrial Building located at 1851 E. Huntsville Rd., Fayetteville, AR 1.0 Background 1.1 The City of Fayetteville is auctioning a currently owned industrial building to the highest bidder. This sale does NOT include any real estate or land. This auction is ONLY for the actual building and its components. 1.2 This online auction is solely being handled through the City's third party auction partner, GovDeals. All bids shall be handled through the auction website. No bids shall be accepted in any other manner. 1.3 This building is currently unoccupied and is owned by the City of Fayetteville, Arkansas. 1.4 This building was a former Tyson Mexican Original production facility. 2.0 General Building Information 2.1 Address: 1851 S. Huntsville Rd., Fayetteville, Arkansas 72701 2.2 Approximate square footage is 123,918 2.3 This auction is for an industrial building and remaining equipment for either salvage or scrap materials. The structure is a modified class "C" & "S" light food manufacturing complex. 2.4 Exterior framing/walls are steel and concrete block. 2.5 Interior framing/walls are steel and concrete block skeleton with wood partitioning in the finished office areas. Drywall and paneling wall coverings are in the finished areas, but are heavily damaged. Some windows remain and are various size fixed glass in metal frames. There are various storefront and metal security doors and industrial (tractor/trailer delivery) garage doors in the structure. 2.6 The roof is standing seam metal over a steel frame. 2.7 The ceilings are dropped acoustic in the finished areas and open frame in the production and storage areas. 2.8 The property contains various industrial equipment and miscellaneous structures including, but not limited to storage silos, catwalks, sprinkler system, industrial size walk-in coolers, other refrigeration equipment, HVAC units and evaporation coils. 2.9 The building has been vacant for several years, and the operable condition of the equipment is unknown. There is not currently power to this facility. Most of the copper from this building has been removed. To our knowledge, all hazardous materials have been removed from the building. 3.0 Inspection 3.1 Bidders are strongly urged to inspect prior to bidding. City of Fayetteville, AR GovDeals.com Auction: Former Tyson Building, 1851 E. Huntsville Rd., Fayetteville, AR Posted 02/20/2013 Page 2 of 7 3.2 There will be an on -site inspection held on Monday, March 11, 2013 at 10:00 AM, local time. This inspection is non -mandatory; however, all interested parties are strongly encouraged to attend. 3.3 Please contact Larry Rennie at 479-575-8360 for viewing or with questions about this building. 3.4 Each attendee shall sign a liability waiver and release prior entering the facility. 3.5 Proper footwear and a flashlight are highly recommended. 3.6 Site inspection prior to bid is strongly encouraged although not required; however, conditions discovered after the close of the auction that should have been reasonably found on site inspection shall not be grounds for a change in the bid price. 4.0 Licensing and Permit Requirements 4.1 Demolition work shall be performed by a contractor licensed by the State of Arkansas. Please be aware: Buyer of the auction does NOT have to be a contractor licensed in the State of Arkansas; however, must subcontract with a company holding such license. Any subcontractors must be brought to the attention of the City of Fayetteville prior to contract award. 4.2 The State of Arkansas has reciprocity with several states for obtaining a license through the State of Arkansas Contractor's Licensing Board. To inquire about obtaining an Arkansas State Contractor's License, contact the Arkansas Contractors Licensing Board at http://aelb.arkansas.gov or (501) 372-4661. 4.3 Demolition permit will be required through the City of Fayetteville Development Services. The fee for this permit will be waived. This permit must be pulled by a company holding a contractor's license through the State of Arkansas. 4.3.1 An asbestos report is required to pull the demolition permit and will be provided by the City of Fayetteville. 5.0 Deposit Requirements 5.1 All bids for this auction require a deposit in the amount of $10,000 via wire transfer to GovDeals Once the deposit is received, the bidder's account will be enabled to bid on this assettauction. 5.2 Problems or questions regarding the deposit can be directed to GovDeals Accounting Department at 1-800-613-0156 (extension 4) or accounting@govdeals.com. 5.3 Deposits from non -winning bidders will be returned within 5 (five) days after the close of auction from GovDeals. If applicable, any remaining deposit from the awarded bidder will be returned from GovDeals after the City has received the required performance bond. 5.4 Deposit Instructions: Name of Bank: Bank of America Bank Address: 103 West 33rd St New York, NY 10001 Beneficiary: Liquidity Services, Inc Name of Account: GovDeals Inc GD FSS ABA Routing Number: 026009593 City of Fayetteville, AR GovDeals.com Auction: Farmer Tyson Building, 1851 E. Huntsville Rd., Fayetteville, AR Posted 02/20/2013 Page 3 of 7 Account Number: 226004433923 Reference: Fayetteville Bid Deposit 6.0 Payment 6.1 All payments shall be made between the Buyer and GovDeals, Inc. 6.2 Payment methods for this item are Wire Transfer, PayPal, or credit cards (Visa, Mastercard, American Express, Discover) only. PayPal and credit card purchases are limited to below $5,000.00 and Bidders residing in the United States, Canada and Mexico Only. If the winning bid plus applicable taxes, if any indicated, and the buyer's premium, equals more than $4,999.99, Wire Transfer shall be used. If Wire Transfer is chosen, a Wire Transfer Transaction Summary page will provide payment and account information. The Wire Transfer must be completed within 5 days. 6.3 In the event highest bid is less than initial deposit amount of $10,000, the difference in the final auction price (plus any applicable fees) and initial deposit will be refunded. 7.0 Performance Bond Requirements (required after close of auction) 7.1 High bidder shall submit a $250,000 performance bond guaranteeing completion of the project to the City of Fayetteville within 10 days of the Notice to Award following approval from the City Council meeting to be held on Tuesday, April 02, 2013. Once a valid performance bond is provided to the City, the remaining deposit, if any, will be refunded to the Buyer. 7.2 Completion of the project includes but is not limited to demolition, removal of all equipment and materials; clean up of all required debris, and piling all concrete materials on site in a designated location. 8.0 Insurance Requirements (required after close of auction) 8.1 The successful Buyer and any subcontractor shall provide a Certificate of Insurance in accordance with specifications listed below prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. 8.2 Any work sublet, the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor 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. 8.3 Insurance requirements to be maintained throughout the contract (for Buyer and any subcontractors) include: 8.3.1 Certificate of insurance showing proof of General liability insurance in an minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate 8.3.2 Auto liability in an amount of at least $500,000 8.3.3 Workers compensation as required by state statute 9.0 Removal Requirements 9.1 Time is of the essence. All property removal and site clean up shall be complete within 30 calendar days of receiving Notice to Proceed from the City of Fayetteville. There will be no City of Fayetteville, AR GovDeals.com Auction: Former Tyson Building, 1851 E. Huntsville Rd., Fayetteville, AR Posted 02/20/2013 Page 4 of 7 extensions to this deadline. 9.2 Buyer is responsible for demolition and removal of the structure and all aboveground debris to within 6 inches of slab grade. This will include, but shall not be limited to, removal of all building -related materials, roofs, walls and building contents and any other invisible features apparent to or suspected by Buyer. 9.3 The City of Fayetteville strongly encourages the buyer to recycle and salvage as much building material as possible during this process. All concrete materials shall be left on site in an area designated by the City of Fayetteville. All other material shall become the property of the Buyer and shall be removed promptly. 9.4 The Buyer is responsible for rigging, loading, securing and transporting, including all costs and risks associated with removal. 9.5 No work shall begin until a notice to proceed has been issued by the City of Fayetteville. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. 9.6 Demolition work may be performed between the hours of 7AM to 7PM Monday -Friday, 8AM to 7PM on Saturday and Noon to 7PM on Sunday only. 9.7 Actual slab/foundation will be removed by others and is not included in this auction. 9.8 Buyer shall leave only the demolished concrete materials for crushing/grinding by others in a single contained area designated on -site by the City of Fayetteville. 9.9 The high bidder shall provide all necessary tools and equipment to remove the structure down as specified. Any and all OSHA regulations shall be adhered to at all times during the removal process. The high bidder shall provide required insurance as specified, a signed contract and a performance bond prior to any work being commenced. 9.10 The site shall be secured at all times to prevent public from entering structure until dismantling activities are completed. 9.11 Buyer shall be responsible for any and all damages to neighboring properties, streets and sidewalks not included with this sale. 9.12 The use of fire or explosives is strictly prohibited. 10.0 Special Conditions 10.1 All sales are final. 10.2 Only the item described herein is included in the sale regardless of what else is pictured. The existing traffic poles on the south side of the building are the property of the City of Fayetteville are not included in the sale, and will be removed prior to issuance of the notice to proceed. 10.3 Buyer and any subcontractors) shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 10.4 Pursuant to Arkansas Code Annotated §22-9-203 the City of Fayetteville encourages all qualified small, minority and women's business enterprises to bid on and receive contracts for goods, City of Fayetteville, AR GovDeals.com Auction: Former Tyson Building, 1851 E. Huntsville Rd., Fayetteville, AR Posted 02/20/2013 Page 5 of 7 services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women's business enterprises. 10.5 Buyer and any subcontractor(s) shall adhere to all federal, state, and local laws, including but not limited to OSHA requirements. 10.6 All expenses involved with the preparation and submission of bids, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 10.7 Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 10.8 The successful bidder agrees to indemnify the City and hold it harmless from and against any and all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 10.9 Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 10.10 The City of Fayetteville encourages its bidders to use recycled products and methods in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 10.11 Any uncertainties shall be brought to the attention of the City of Fayetteville Purchasing Department immediately via telephone (479.675.8256) or e-mail purchasing(&ci.fayetteville.ar.us ). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terns. 10.12 Buyer will expressly assume all dangers, risks and hazards regarding the building and equipment removal and shall release, protect, indemnify and hold harmless the City of Fayetteville, it's agents, employees and assigns from and against any and all claims, demands, causes of action and damages of any kind, including but not limited to, attorney's fees and litigation costs resulting from any accident, incident or occurrence arising out of or in any way resulting from the actions of the buyer in the removal of the building or equipment. 10.13 The buyer is not entitled to any payment for loss of profit or any other money damages — special, direct, indirect or consequential or otherwise. 10.14 The City of Fayetteville reserves the right to reject any or all bids, to waive informalities or irregularities in any bid, to solicit for new bids or to proceed to dispose of this property by other means, as may be determined to be in the best interest of the City. 10.15 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 City of Fayetteville, AR GovDeals.com Auction: Former Tyson Building, 1851 E. Huntsville Rd., Fayetteville, AR Posted 02/20/2013 Page 6 of 7 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. 10,16 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. 11.0 Subcontracting 11.1 The Buyer shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent prior to signing of contract. 12.0 Execution of Agreement 12.1 The successful buyer will be required to execute a contract, composed of this packet and final auction details, and be subject to any other terms and conditions as otherwise agreed to by both parties. 12.2 Upon signing the agreement, Buyer agrees he/she has read and agrees to the requirements set forth in this auction, including specifications, terms, standard conditions, and any pertinent information regarding the articles being purchased. The Buyer shall comply with all specifications and requirements for delivery, documentation and support as specified herein. 12.3 The resulting agreement/contract for this bid shall be approved by the City of Fayetteville Council before notice to proceed will be issued. 13.0 Attachments to this Package 13.1 Information posted with this auction at www.ciovdeals.com. 13.2 Additional attachments on the auction page and hereby included with this packet: 13.2.1 Structure Layout 13.2.2 Deposit Information 13.2.3 Aerial Photographs City of Fayetteville, AR GovDeals.eom Auction: Former Tyson Building, 1851 E. Huntsville Rd., Fayetteville, AR Posted 02/20/2013 Page 7 of 7 City of Fayetteville Bid Deposit Instructions Below is the information for making, the wire transfer to GovDeals for the Bid Deposit. A $10,000 Bid deposit is required to bid on this property. Name of Bank: Bank of America Bank Address: 103 West 33rd St New York, NY 10001 Beneficiary: Liquidity Services, Inc Name of Account: GovDeals Inc GD FSS ABA Routing Number: 026009593 Account Number: 226004433923 Reference: Fayetteville Bid Deposit Please contact GovDeals Accounting at 800-613-0156 x4 or accounting@govdeals.com for any questions. • lea eLe -ARKANSAS� CONTRACT THE CITY OF FAYETTEVILLE, ARKANSAS Reference: Sale 13-256, Industrial Building - Salvage & Scrap Material Buyer: AR Rahim Metal Trading Inc. Term: Single Project Address of Building Sold: 1851 E. Huntsville Road, Fayetteville, AR 72701 This contract executed this day of , 2013, between the City of Fayetteville, Arkansas, and AR Rahlm Metal Tradin,, , Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. AR Rahim Metal Tradina,_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 per Sale 13-256 as stated in Sale 13-256, and in accordance with specifications attached hereto and made a part hereof under Sale 13-256, all included herein as if spelled out word for word. 2. AR Rahim Metal Trading. Inc. understands and agrees no real estate or land is part of this contract. 3. All property removal and site clean up shall be completed within 90 calendar days of receiving Notice to Proceed from the City of Fayetteville, AR. 4. Completion of this contract includes but is not limited to demolition, removal of all equipment and materials; clean up of all required debris, and piling all concrete materials on site in a designated location. 5. AR Rahim Metal Trading, Inc. shall pay the following based auction titled Sale 13-256 through GovDeals, Inc. a. AR Rahim Metal Trading. Inc. shall pay GovDeals, Inc. a total of $95,577.30 for the purchase of this asset. Total money paid by AR Rahim Metal Trading, Inc. is allocated as: i. $91,026 for the purchased asset ii. $4,551.30 for Buyer's Premium Fees, paid to GovDeals, Inc. directly. 6. The Contract documents which comprise the contract between the City of Fayetteville and AR Rahim Metal Trading, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: a. Appendix A: i. Sale 13-256: Auction Information from GovDeals, Inc.: Live Auction View ii. Sale 13-256: Auction Information from GovDeals, Inc.: Bid History iii. Sale 13-256: Auction Information from GovDeals, Inc.: Seller's Certificate iv. Sale 13-256: Structure Layout v. Sale 13-256: Aerial Photographs, 2 total vi. Sale 13-256: Terms and Conditions, Addendum 1 (amending Terms and Conditions) City of Fayetteville, AR Contract — Sale 13-256, Industrial Building - Salvage & Scrap Material Page 1 of 4 vii. Sale 13-256: Terms and Conditions viii. Sale 13-256: Bid Deposit Information 7. These Contract documents constitute the entire agreement between the City of Fayetteville and AR Rahim Metal Trading, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and AR Rahim Metal Trading, Inc. 8. AR Rahim Metal Trading, Inc. shall not assign its duties under the terms of this agreement without prior express written consent by the City of Fayetteville. 9. AR Rahim Metal Trading, 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 AR Rahim Metal Trading, 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. 10. AR Rahim Metal Trading, Inc, shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that the company carries the insurance listed in original auction which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, AR Rahim Metal Trading, 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. The premiums for all insurance and the bond required herein shall be paid by AR Rahim Metal Trading, Inc. 11. AR Rahim Metal Trading, Inc. shall furnish proof of licensure as required by all local and state agencies. 12. Liens against construction projects: No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and AR Rahim Metal Trading, Inc. promises to provide a performance bond in a sum equal to $250,000. AR Rahim Metal Trading, Inc. shall notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 13. 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. 14. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. City of Fayetteville, AR Contract — Sale 13-256, Industrial Building - Salvage & Scrap Material Page 2 of 4 AR RAHIM METAL TRADING, INC. By: Printed Buyer Name & Title ATTEST: Company Secretary Business Address City, State & Zip Code Date Signed: CITY OF FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor ATTEST: Sondra Smith, City Cleric Date Signed: City of Fayetteville, AR Contract - Sale 13-256, Industrial Building - Salvage & Scrap Material Page 3of4 City of Fayetteville, AR Rahim Metal Trading, Inc. 1. Sale 13-256: 2. Sale 13-256: 3. Sale 13-256: 4. Sale 13-256: 5. Sale 13-256: 6. Sale 13-256: 7. Sale 13-256: 8. Sale 13-256: Sale 13=252 Appendix A Auction Information from GovDeals, Inc.: Live Auction View Auction Information from GovDeals, Inc.: Bid History Auction Information from GovDeals, Inc.: Seller's Certificate Structure Layout Aerial Photographs, 2 total Terms and Conditions, Addendum "I (amending original Terms & Conditions) Terms and Conditions Bid Deposit Information City of Fayetteville, AR Contract — Sale 13-256, Industrial Building - Salvage & Scrap Material Page 4 of 4 71 _ J3 AC4Rbr CERTIFICATE OF LIABILITY INSURANCE RATE(MMA3DNYYY) 4/1/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Abbas Insurance Agency 2300 Valley View Lane Ste. #830 Irving, TX 75062 CONTACT PHONE N 972-$12-07$6 (AIC, No : 972-$12-0790 E-MAIL ADDRESS: gabbasS15@yahoo.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A. LIOYDS OF LONDON INSURED Ar-Rahim Metal Trading Inc. 4653 Wyoming St Dallas, Tx 75211 INSURERB: TX MUTUAL COMPANY INSURERC: NATIONAL INTERSTATE INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER' RFVICInN Nilimpken- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE AD S R POLICY NUMBER !KMO EFF M nca EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR OUS01$0062533 04/01/2013 04101/2014 DAMAGE TO RENTED PREMISES Ea occurrencel $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL a ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ PRO- 0 LOG POLICY 0 JECT S AUTOMOBILE LIABILITY 1 COMBINED SINGLE LIMIT a apeklont $500,000 BODILY INJURY (Per person) $ ANY AUTO SCA0043497-00 04/0112013 04/0112014 ✓ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED WIREOAUTOS AUTOS PROPER DAMAGE Per. ccidenl $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DIED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE YIN (Mandatory In BERNH) EXCLUDED? (Mandatory in NH) If yes, describe under NIA TX4325826 04/01/2013 04/01/2014 WC STATLIMU- OTH- 1,000,000 E,L.EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE S 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS below DID DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Fayetteville Purchasing Division 113 W Mountain Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE GHULAM ABBAS V 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Web software. www FonnsBoss.cwn; 0Impressive Pubkshing 800-208,1977 Rea.. 17(-13 Performance Bond y CONTRACTOR: (Name, legal status and address) AR-Rahim Metal Trading, Inc. 4653 Wyoming St., Dallas TX 75211 OWNER: (Name, legal status and address) City of Fayetteville Governmental Entity 113 W. Mountain St., Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: CNASURETY Bond No. 71397515 SURETY: (Name, legal status and principal place of business) WESTERN SURETY COMPANY South Dakota Corporation 333 South Wabash Avenue 41st Floor This document has important legal Chicago, IL 60604 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Amount: Ninety -One Thousand Twenty -Six and 00/100 $91,026.00 Description: (Name and location) Light Industrial Building BOND Date: April 5, 2013 (Not earlier than Construction Contract Date) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Amount: Ninety -One Thousand Twenty -Six and 00/100 $91,026.00 Modifications to this Bond: ❑% None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY - Company: (Corporate Seat) Company: (Corporate Scab AR-Rahim Metal Trading, Inc. WESTERN SURETY COMPANY Signature: Signature: _- /-' /•- - --- -- Name 1 Name Attorney -in -Fact and Title: e<1� &k kP A \" and Title: M. Feiock, MO. Sec. (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Assurant Insurance Agency (Architect, Engineer or other party.) 833 East Arapaho Rd, #107 Richardson, TX 75061 Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition. * I § 1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. 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; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions; § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 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 a 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the ConVactor Default; or § 5.4 waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness tinder tfie 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, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 Section 5.4, and the Owner refuses the payment 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. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition. 2 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the taws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint M. Feiock _ _ Of Sioux Falls State of South Dakota , with limited authority, its true and lawful Attorney -in -Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One bond with bond number 71397515 for AR-RAIiIM METAL TRADING. INC. _ as Principal in the penalty amount not to exceed: $97 , 626. 00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duty adopted and now in force, to -wit Section 7. All bonds, pOicies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Vice President with the corporate seal affixed this 5th day of ___ ._ April 2013 ATTEST ' w A. Vietor, Assistant Secretary STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ss WEST R SURET COMPANY By Paul T. B96at, Vice President On this 5 th day of April 2013 , before me, a Notary Public, personally appeared Paul T. Bruflat and A. Vietor who, being by me duly swom, acknowledged that they signed the above Power of Attomey as vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary�dy+it.CrDWZ.ti + i S. PETRIK . SEAL NOTARY PUBLIC Fs L d : SOUTH DAKOTA r +tib�sbtiaMbtih4MNbtib444s444 + Notary Public My Commission Expires August 11, 2016 Form 672-8-2012 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, 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. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .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 Section 5; and .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. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 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, successors and assigns. § 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 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 a declaration of 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. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 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 conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 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 lie 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. § 14.2 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed in cooperation with the American Institute of Architects (A!A). The language in this document conforms to the language used in A!A Document A312 - Performance Bond - 2010 Edition. 3 § 16 Modifications to this bond are as follows: N F r o E > • � W '' -o � 94 3 b .a m k X C > O W �° z F;may ca O O � a bD w0�� m ro U5 0 to x ` W C m c m I C 0 u dz; 3�0 "0 0 m � o (D r a d m ya U ) > a M O ° O �QyC+�•,C� L0 N 41 W N p C O e z CD FL .3 p O v r. V N 'O •� pOp y F •m T� Q=oo 3 Ci Q%O N x ca aUC-0p m N 3 Signature: Name and Title: Address N g of added parties, other than those appearing on the cover page.) LL SURETY z Seal) Company: (Corporate Seal) Signature: Name and Title: Address Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition. 4