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HomeMy WebLinkAbout94-13 RESOLUTIONRESOLUTION NO.94-13 A RESOLUTION AWARDING BID #13-23 AND AUTHORIZING A CONTRACT WITH CENTER POINT CONTRACTORS INC. IN THE AMOUNT OF $256,675.00 FOR CONSTRUCTION OF AN EXECUTIVE HANGAR ADDITION AT FAYETTEVILLE EXECUTIVE AIRPORT -DRAKE FIELD, AND APPROVING A BUDGET ADJUSTMENT 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 #13-23 and authorizes a contract with Center Point Contractors Inc. in the amount of $256,675.00 for construction of an executive hangar addition at Fayetteville Executive Airport - Drake Field. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 7t' day of May, 2013. APPROVED: ATTEST: By: 4�j� SONDRA E. SMITH, City Clerk/Treasurer ��,�nrrrrrrt G•��,��Y O,c •,G%i =U; FAYETTEVILLE;�)3= e q 0 +►��,1` City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Division: Aviation I Request Date 2013 1 Department: Transportation Services 4/16/2013 V12.0724 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION I JUSTIFICATION To revise the project budget following re -bidding. This revision reflects actual amounts for construction costs, Amendment #1 to the Engineering contract for additional design and re -bidding, and adjustments to anticipated revenue from grants and other sources relative to the project cost. Additional revenue for the project that will be contributed by the business owner to offset costs for a fire protection sprinkler system is also added to the project budget. 3 Division Head - / Date J B get Director Date Departure 'rector Date `Po��J 4-15-2-013 Fin ce Director Date S t Date Wate Mayor Prepared By: James Nicholson jnlcholson Reference: Budget&Research Use Only Type: A B C D E P General Ledger Date Posted to General Ledger Checked / Verged Initial Date Initial Date TOTAL BUDGET ADJUSTMENT (46,687) (46,687) Increase 1(Decrease) Project.Sub Account Name Account Number Expense Revenue Number Use of fund balance 5550.0955.4999.99 Ri (20,509) State grants 5550.0955.6805.00 Ri (59,178) 12011 1 Pymts by property owners 5550.0955.4420.00 Ri 33,000 12011 1 Building costs 5550.3960.5804.00 6> (46,687) 12011 1 J.\James120131BUDGETIBudgetAdjustmentslBAForm 2012—HangarOfficoMdition I of 1 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/7/2013 City Council Meeting Date Agenda Items Only Ray M. Boudreaux _ Aviation Transportation Submitted By Division Department $ 256,675.00 $ 354,242.00 Executive Hangar Office Addition Cost of this request Category 1 Project Budget Program Category 1 Project Name 5550.3960.5804.00 $ 6,384.00 Airport Improvements Account Number Funds Used to Date Program I Project Category Name 12011 1 $ 347,858.00 Airport Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached �X f n�r- .-). 19 -ro- nanarFmn nirA.&nr i Date Date ,W 0 F �-� 4 - lea- 2pt-�) Finance and Internal Services Director Date Previous Ordinance or Resolution # 95-12, 207-12 Original Contract Date: Original Contract Number: 04-` I-13P12:'013 C'v Received in City Clerk's Office Date EReoeivzde �l Dale Comments: Bid Deduction #1, Fire Sprinkler Protection System, $33,000, will be purchased by aviation business tenant. Revised January 15, 2009 City Council Meeting o£ May 7, 2013 Agenda Item Number: 44 AVIATION DIVISION 17ayeVII K A N 5 A 5 FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: Staff/Contract Review Committee THRU: Terry Gulley, Transportation FROM: Ray M. Boudreaux, Aviation DATE: April 9, 2013 SUBJECT: Approve a contract with Center Point Contractors Inc. for the Hangar A Renovation project to modify the Hangar for NFlight Technology at the Airport. Signature of the mayor and City Clerk. RECOMMENDATION: Approve the Contract with Center point Contractors, Inc for the Hangar A Renovation project. Signature of the Mayor and the City Clerk on the Contract. BACKGROUND: This project was originally designed and bid last year and a request for grant funding to support was submitted to the Department of Aeronautics Commission. The Commission did not approve the project for funding due to the lack of Aeronautics Department revenue. Staff Reapplied and received approval of the grant from the Aeronautics Commission February 13, 2013. Following approval of funding, staff, the customer and the engineer accomplished value engineering to reduce cost. Bids were taken March 28, 2013 and the low bidder was Center Point Contractors, Inc. for $289,675.00. BUDGET E%IPACT: This project is funded through an 80/20 Grant from the Arkansas Department of Aeronautics. Total project cost is $334,028.00 including engineering, advertising and construction. NFlight Technology will pay 33,000.00 for the fire suppression system. Total project cost for the Aeronautics Grant is $301,028. Aeronautics will pay $240,822 and $60,206 will be funded from the Airport Fund. Attachments: Staff Review Contract with Center Point Contractors Inc. Recommendation from Engineer w/ Bid Tab 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 - 479.718.7646 FAX • www.accessfayetteville.org/govemmenttavtaflon airport—economic—development@c;i.fayetteville.ar.us RESOLUTION NO. A RESOLUTION AWARDING BID #13-23 AND AUTHORIZING A CONTRACT WITH CENTER POINT CONTRACTORS INC. IN THE AMOUNT OF $256,675.00 FOR CONSTRUCTION OF AN EXECUTIVE HANGAR ADDITION AT FAYETTEVILLE EXECUTIVE AIRPORT -DRAKE FIELD, AND APPROVING A BUDGET ADJUSTMENT 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 #13-23 and authorizes a contract with Center Point Contractors Inc. in the amount of $256,675.00 for construction of an executive hangar addition at Fayetteville Executive Airport - Drake Field. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 16t' day of April, 2013. APPROVED: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer lie ARKRlVSA5� THE CITY OF FAYETTEVILLE, ARKANSAS CONTRACT Reference: Bid 13-23, Construction — Hangar A Renovations Re -Bid Contractor: Center Point Contractors, Inc. Term: Single Project This contract executed this day of , 2013, between the City of Fayetteville, Arkansas, and Center Point CoLitLacting. Inc. In consi eration of the mutual covenants contained herein, the parties agree as follows: Center Point Contracting, 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 13-23 as stated in Center Point Contracting, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 13-23, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Center Point Contractin Inc. based on their bid proposal in an amount not to exceed $289,676.00. 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. 3. The Contract documents which comprise the contract between the City of Fayetteville and Center Point Contracting. Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 13-23 with the specifications and conditions typed thereon. B. Center Point Contracting, 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 Center Point Contracting, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Center Point Contracting, In 5. Center Point Cont!Ecting, Inc. shall not assign its duties under the terms of this agreement. 6. Center Point Contracting, 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 Center Point Contracting, Inc, performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Center Point Contracting,_ Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Center Point Contracting. 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 Bid 13-23, Construction — Hangar A Renovation Re -Bid Page 1 of 2 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 Center Point Contracting, Inc. 8. Center Point Contracting,_ 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 Center Point Contracting: Inc. with 10 days written notice. 10. This project shall be completed within 120 calendar days from issue date of Notice to Proceed. 11. This contract shall have liquidated damaged assessed in the amount of $100.00 per calendar day for each day past the allowed contract time. 12. 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. 13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS l o O~ DAY OF 2073. CENTER POINT CONTRACTING, INC. CITY OF FAYE EVILLE, ARKANSAS a• f..-.. LIONELD JOR , Mayor Signature Z ,t,aci Q wrL l Printed Contractor Nam6A Title '6 0, W-- ATTEST (Signature) Company Secretary (PAted Name) Business Address City, State & Zip Code Date Signed: 3 9-0I.3 Bid 13-23, Construction — Hangar A Renovation Re -Bid Page 2 of 9 Ah4� e- z4v"4 ATTEST: (Signature) Sondra Smith, City Clerk ,%i�a�nllrllrl�l�� FtK I TIyF,9.,�1� F'AYEifEVILLE:� Date Signed: /o '9 ; • kq NS�o ``���. f!!►!tl1111���, McCLaLAND 181ON. College Avenue P.O. Box 1229 CONSULTING Fayetteville, AR 73703172702-1229 /!� 47"9-443 2377/Fax 479-443-9241 AUM=MOMW ENGI N�gg, C. www.mccWtand-engra.com March 28, 2013 Mr. Ray Boudreaux Airport Department City of Fayetteville 4500 S. School Ave., Suite F Fayetteville, AR 72701 Re: Drake Field Hangar A Office Renovation Fayetteville Executive Airport Dear Mr. Boudreaux: Bids were received on the above referenced project on Thursday March 28, 2013, with five Contractors submitting bids for this project. The low bidder for the Basis of Award for the Total Bid is Center Point Contractors, Inc. of Bentonville, Arkansas, in the amount of $289,675.00. A copy of the certified Bid Tabulation is enclosed. The Engineer's estimate of the Construction Cost was in the amount of $ 290,000.00. We recommend the City accept the low bid submitted Center Point Contractors, Inc. of Bentonville, Arkansas for the Base Bid of in the amount of $ $289,675.00. If there are any questions regarding this recommendation, please contact us. Sincerely, CONSWING ENGINEERS, INC.. Manager Enclosure: Bid Tabulation J:120121122126 - Exec Hangar OfficelCorrespondenceWd LTR boudreaux 03-2&13 Am A 'mat C'm6a n# £xzginww, 9rte. _ "-Teat &4kwd `. hn" aarianoae `.13u6lnzao 2VC9 A 201(1 award `.l?edpiad BID TABULATION HANGAR "A" OFFICE RENOVATION FAYETTEVILLE MUNICIPAL AIRPORT CITY OF FAYETTEVILLE MARCH 28, 2013; 10:00 am 7T&4;17T■][T*ii; ii*4 Fz-1 BID No. 13 23 CONTRACTOR ! LICENSE # TOTAL BID FIRE SPRINKLER PROTECTION SYSTEM TRENCH EXCAVATION & SAFETY SYSTEM Benchmark Constructian of NWA, Inc. 0033500413 $M,000.00 32,500.00 $200,00 Center Point Contractors Inc. 0199160313 $289,875.00 $33,000.00 $5.00 Heckathom Construction Co., Inc. 00237MM13 $365 963.00 $35.516.00 $250.00 I.JB Construction, Inc, 0179360313 $433 000.00 $70,000.00 $1,000.00 Pick -it Construction Co. 0140461213 $304100.00 $35,000,00 $100,00 Certifi 312t3J20i 3 Jo 71 P. 32 ©ate A:=l 21122125 - Emu Hangar 0frmkQanstrudapk8M-RelatedT-Y122125 RE -bid Tali 32013 As R14-13 Granite Re, Inc. did l3 r �3 Performance Bond CONTRACTOR: SURETY: Center Point Contractors, Inc. Granite Re, Inc.14001 Quailbrook Drive Oklahoma City, OK 73134 OWNER: ,uwr�wrulluUflllllllll�IjI�II11Q�11j1ill�i��� City of Fayetteville, Arkansas Kind10pEp035299820bV Type; Lit. Recar'iled3 o j2033-a 03,2$;M Pn Fee.-Amt c $45 '00' of P? `.7 Washi.paton, Countyy, We AKyle. Ap Yiveater Cl. A19 Clerk File B031—Qv000 CONTRACT: .48 Date: 5/7/13 Amount: $289,675 Description: Bid 13-23, Construction --Hangar A Renovation Re -Bid Bond#: GRAR24597 Date: 5/7/13 Amount: $289,675 Modifications to this Bond: RNo CONTRACTOR AS PRINCIPAL, Center Point Contractors, Inc. Signature: Name and Title: 0 3 GRO709-16 Yes, see last page SURETY Granite Re, Inc. Signature: to.4 Name and Title:. M2 Bil y Eugene Benne4ir., Attomey-in-Fact The Contractor and the Surety, jointly and severalty, 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. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reaso_ nable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to, be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety, demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. if the Surety proceeds as provided in Subparagraph 4.4, and the Owner releases 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 Contractors right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of The Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractors Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 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. 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. GRo709-16 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 one year after Contractor Default or within one year after the Contractor ceased working or within one year after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location wheie the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 13. Principal: The individual or entity named and listed under the section of this bond titled Contractor. The entity or individual named as Contractor is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: CR0709-t 6 SURETY Company: Signature: Name and Title: Granite Re, Inc. Payment Bond CONTRACTOR: Center Point Contractors, Inc. OWNER: City of Fayetteville, Arkansas CONSTRUCTION CONTRACT: Date: 5/7/13 Amount: $289,675 Description: is a .10 SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Bid 13-23, Construction --Hangar A Renovations Re -Bid Bond#: GRAR24597 Date: 5/7/13 Amount: $289,675 Modifications to this Bond: 17No CONTRACTOR AS PRINCIPAL Center Point Contractors, Inc. Signature: Name and Tit e:� 2. GRO709-t 5 Yes, see last page SURETY Granite Re, Inc. Signature: - /X Name and Tit e: Bill Eugene Bennett, Jr. Attorney -in -Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice finnished to the Contractor. 5. Within a reasonable period of time after the claimant has satisfied the conditions of Paragraph 4 and 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 and earned amounts. These amounts shall only be paid if previously certified by the Architect or Engineer and paid to Contractor by Owner. 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. 6. 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. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. S. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. 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. ' 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by Claimant or the last materials or equipment were furnished by Claimant under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. GRo7o9-1 5 11. 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. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 13.. 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. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone, service or rental equipment used in the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereoE 15, Principal: The individual or entity named and listed under the section of the bond titled' "Contractor". This individual or entity is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: GRO709-15 SURETY Company: Signature: Name and Title: GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY its true and lawful Attorney -in -Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL, DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL, JACQUE L. LINDSEY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and SecretarylTreasurer, this 191' day of July, 2012. KiDnneth D. Whitting0n, President STATE OF OKLAHOMA ) s s n I. SS!i COUNTY OF OKLAHOMA ) Kyle . McDonald, Treasurer On this 191 day of July, 2012, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: August 8, 2013 Commission #; 01013257 `''� • . GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc, and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 7th_ day of May , 24 _ "Mr, y.. Kyle P. McDonald, Secretary/Treasurer GRo800-1 q�-t3 tad. ►� - 2 3 OP ID: DP '4�Ro CERTIFICATE OF LIABILITY INSURANCE °"'O'') 05/21113 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 pollclee may require an endorsement A statement on this certificate does not confer rights to the certificate holder in iieu of such endorsomont(s). PRODUCER 479-306-4677 Walker Bros. Insurance, Inc. 479-306_5110 P.O. Box 7670 Springdale, AR 72766-TSTD Gene Bennett . ONTACT E: PHONE VAX No r�P1�,�P<eh } ADoRL PRdauctR• CENPO-1 _�SLS1QMEBJq - INSS AFFORMO COVERAGE RAIL is INSURED Center Point Contractors, Inc. INSURER A: Cincinnati Insurance Co. 10677 Shells McDaniel 10316 East Highway 72 Bentonville, AR 72712 INSURER 0.Accident Fund IRSURE - - INSURER D : INSURER E: INSURER F • COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 VdTH 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. 1N8R TYPE OF INSURANCE POLICY NUMB -R IFKWDQrfyyyi PALM DlYY P uYtTs GENERAL LIABILITY EACH OCCURRENCE i 1'000.00 A COMMERCIAL GI NI RALLIA6ILITY CWMS•MI1DE ,1 '- i OCCUR PP 3657280 12114112 12114/13 PRtcSiOEa = 50,00 MED EXP (Any one person) 3 5,00 PERSONAL 6 ADV INJURY $ 1,000,OOC Contractual Limb Hx GENERAL AGGREGATE 1 2,000,00 GENZAGGREGATE LIMIT APPLIES PER: PRODUCTS-COWPIOPAGG i :2,000,OCK s POLICY X LOC A AUTOMOBILE LIABILITY ANY AUTO CPP 3657280 12114112 12114M 3 COMBINED 81KGLE LIMIT (Ea accident) 'S 1,00D,OD BODILY INJURY (Per person) 3 ALLOVVNEDAU'f05 X SCHEDULEDAUTOS X HIREDAUTOS BODILY INJURY (Per acalderm S PROPERTY DAMAGE (PeraCCWenU - s i X NON-0WNEDAUTOS $ UMBRELLAI.IAB LAL X OCCUR EACHOCCURRENCE s 2,000,00 AGGREGATE i 2,000,00 A EXCESS cuuMs MaDE PP3657280 12114/12 12114t13 DEDUCTIBLE i = RETENTION s WORKERS COMPENSATION X NI 13 AND EMPLOYERS' LUIBILn7 ANY PROPRIETOWARTNERlEXECUTIVE YIN OFFICERI(Mtendalary in NHR EXCLUDED?EL. R ! A CV6097332 12131112 17J31113 EL EAW ACCIOENT s 1,000.00 DISEASE - EA EMPLOYE $ 1,000,DD If yyeas, describe under OESCRIPTION OF OPERATIONS below E,L. DISEASE - POLICY LIMIT S 1,DW,0 A ILemediftented CPP 3667280 12113112 1 12/14/13 Limit 75,00 Equipment Deductib tS00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Addhlontl Remarks Schedule, If man space Is raqulmd) Project: Hid 13-23 Construction - Hangar A Renovations Re -Bid CERTIFICATE HOLDER CANCIFI I ATION CITYFA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville Purchasing Division Ste 306 113 W. Mountain St AUTHORIZED REPRESENTATIVE Fayetteville, AR 72701 01988-2009 ACORD CORPORATION. Alt�rights reserved. ACORD 25 (2009109) The ACORD name and Ingo are registered marks of ACORD