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Home My WebLink About159-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 159-18 File Number: 2018-0354 BID #18-24 ROYAL OVERHEAD DOOR, INC.: A RESOLUTION TO AWARD BID #18-24 AND AUTHORIZE THE PURCHASE OF TWO OVERHEAD ROLLING SERVICE DOORS FROM ROYAL OVERHEAD DOOR, INC. IN THE AMOUNT OF $28,995.00 PLUS APPLICABLE TAXES TO BE INSTALLED AT THE PAUL R. NOLAND WATER RESOURCE RECOVERY FACILITY 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 #18-24 and authorizes the purchase of two overhead rolling service doors from Royal Overhead Door, Inc. in the amount of $28,995.00 plus applicable taxes to be installed by the vendor at the Paul R. Noland Water Resource Recovery Facility. PASSED and APPROVED on 8/7/2018 Approved: Lioneld Attest: Sondra E. Smith, City %FAYETTEVILLE; .ate MA Page 1 Printed on 818118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0354 Agenda Date: 8/7/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 BID #18-24 ROYAL OVERHEAD DOOR, INC.: A RESOLUTION TO AWARD BID #18-24 AND AUTHORIZE THE PURCHASE OF TWO OVERHEAD ROLLING SERVICE DOORS FROM ROYAL OVERHEAD DOOR, INC. IN THE AMOUNT OF $28,995.00 PLUS APPLICABLE TAXES TO BE INSTALLED AT THE PAUL R NOLAND WATER RESOURCE RECOVERY FACILITY 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 #18-24 and authorizes the purchase of two overhead rolling service doors from Royal Overhead Door, Inc. in the amount of $28,995.00 plus applicable taxes to be installed by the vendor at the Paul R. Noland Water Resource Recovery Facility. City of Fayetteville, Arkansas Paye 1 Printed on 81812018 City of Fayetteville Staff Review Form 2018-0354 Legistar File ID 8/7/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Greg Weeks 7/2/2018 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of Bid #18-24 with Royal Overhead Door, Inc. for the purchase and installation of two (2) overhead rolling doors at the Paul R Noland Water Resource Recovery Facility for a total of $28,995.00. Budget Impact: 5400.730.5800-5400.00 Account Number 02032.1 Project Number Water and Sewer Fund WWTP Building Improvments Project Title Budgeted Item? Yes Current Budget $ 563,681.00 Funds Obligated $ 499,329.70 Current Balance $ 64,351.30 Does item have a cost? Yes Item Cost $ 28,995.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget I $ 35,356.30 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE fr- ARKANSAS MEETING OF AUGUST 7, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee Tim Nyander, Utilities Director FROM: Greg Weeks, Wastewater Treatment DATE: July 2, 2018 CITY COUNCIL MEMO SUBJECT: Approval of Bid #18-24 for replacement of two (2) overhead rolling service doors from Royal Overhead Door, Inc. at the Paul R Noland Water Resource Recovery Facility. RECOMMENDATION: City administration recommends approval of Bid #18-24 with Royal Overhead Door, Inc. for the purchase and installation of two (2) overhead rolling doors at the Paul R Noland Water Resource Recovery Facility for a total of $28,995.00. BACKGROUND: The Noland Water Resource Recovery Facility has many rolling service doors that were originally installed nearly 25 years ago. Due to their age doors are difficult to service or unable to be repaired as replacement parts, such as gears and sprockets, are no longer available. The doors can also pose a safety concern as components wear out and door operation and security become unreliable. Efforts have been made in recent years to replace and upgrade the rolling service doors as major repairs are needed. DISCUSSION: The City received three bids on April 1811, 2018. Royal Overhead Door, Inc. submitted the lowest bid that meets specifications. See attached Bid Tab BUDGET/STAFF IMPACT: Funds are available in the Wastewater Treatment Plant CIP — Building Improvements project. Attachments: Bid No. 18-24 Bid Tabulation Royal Overhead Door Submittal #E1217996 Mailing Address: 113 W. Mountain Street www.fayettevilie-ar.gov Fayetteville, AR 72701 CITY OF �_ FAYETTEVILLE ARKANSAS Construction - Overhead Doors Bits No. 18-24 Official Bid Tabulation Lianeld Jordan, Mayor Number of Addend3sfn�: I Bid No. 18-24 Date: 04.18.2018 Time: 2:00 PM D! 1 Manager, CPPO, CPPB Witness 'N,)Ti,-r Rita award is cnntinopnt €in 5n v-1rinr mpprinp minim€3m :.nprifirahnnc ; nH formal 4„thnri7.atin€7 by City Date Center Point Contractors, Fayetteville Garage Door Royal Overhead Door, Inc. Inc. Co. Item Description Lump Seam Total Price Total Price Total Price Overhead Doors $23,431.00 $39,820.00 $28,995.00 D! 1 Manager, CPPO, CPPB Witness 'N,)Ti,-r Rita award is cnntinopnt €in 5n v-1rinr mpprinp minim€3m :.nprifirahnnc ; nH formal 4„thnri7.atin€7 by City Date Preferred door solutions: COO ON 1901 SOUTH LITCHFIELD ROAD GOODYEAR, AZ 85338 PHONE (800) 294-4358 WWW.COOKSONDOOR.COM DATE: 6/29/2018 PROJECT: CITY OF FAYETTEVILLE LOCATION: , DEALER: ROYAL OVERHEAD DR - PHONE: 479-927-9990 SPRINGDALE ADDRESS: 943 South 40th Street Springdale, AR 72762 ATTN: Brin Shelby REFERENCE#: E1217996 Submittal LEED® RECYCLED CONTENT INFO FOR JOB: :z2yy.0 Lbs. - Totai 'vveighi of Ali Units 448.0 Lbs., 19.5% - Post Consumer Content 422.0 Lbs., 18.4% - Post Industrial Content 870.0 Lbs., 37.8% - Total Recycled Content Preferred door solutions': COO ON LEED® RECYCLED CONTENT DETAIL EIGHT POST CONSUMER 236 lbs 212 lbs 19.4% 119.6% POST INDUSTRIAL .223 lbs 199 lbs % TTOTAL RECYCLED 18.3%.14.59 lbs 18.4% 1411 lbs %._..w„ 37.7% 38.0% MOTOR SPECIFICATIONS: ELECTRICAL EQUIPMENT LIST: BOTTOM 3AR LOCKING: 3/4 HP motor to include a totally enclosed fan cooled (TEFL) motor 1 --Three button push button station 'OPEN -CLOSE -STOP' in removable without resetting of limit switches, reversing magnetic controller NEMA 1 enclosure, surface mounted. in NEMA 1 enclosure, spur gear box for drive reduction, electric brake and an auxiliary chain operator. Includes magnetic contactors, UL listed thermal overload protection, rotary limit switches, safety edge circuit and transformer with 24 volt control secondary, delay on reverse, and a door closing warning signal- Pre -wired to a terminal block using color coding of the wires to facilitate troubleshooting. CURRENT CHARACTERISTICS: 120V 1 PH 60 HZ Electrical current must be verified in writing before job is released for manufacture; current verified and found correct. Operator bracket bracing required, unless operator is wall 6-11/1 SPRING r ADJUSTOR STOPPERS r-� I I 30LID WALL CONSTRUCTION REQ'D FOR PROVIDED HOOD SUPPORT(S) BETWEEN EACH HOOD SECTICNT (2) SECTION 'D' HOOD f\ THERMISER® , r t ROLLING DOOR r r r # 18/18 GA. INSULATED FLAT SLATS r t ASTRAGAL GUIDE SEAL 6-11116"± 1-1/2" TOP HOC HOOE BAFFLE 'Z -TYPE' LINTEL BRUSH SEAL CHAIN KEEPE R, PADLOCK BY OTHERS MAX. 1/4"0 SHANK QUANTITY & MARK: (1) 001 MATERIAL & FINISH: Front slat- Aluminum, polyester powder coating, color Ral 8011 Back slat- Aluminum, polyester powder coating, color Rai 8011 Bottom Bar- Structural steel, ZRG powder coating Under polyester powder coating, color Ral 8011 Guides - Structural steel, ZRG powder coating Under polyester powder coating, color Rai 8011 Hood - Galvanized steel, phosphatized, polyester powder coating, color Rai 8011 Plain Steel- ZRG powder coating Under polyester powder coating ? 21-1/2" 12-1/8"± L� 14'-0' 1/2" OPENING WIDTH 1/2" 6 3/16" 14-1 6 3/16" DISTANCE BETWEEN GUIDES 05-22-201e PRODUCTCODE ELEVATION (COIL SIDE) AND SECTION VIEW 11TR STDRI MFW 6F 88AC See drawing # E 01217996 001 8 _for guide detail ORIGINAL DRAWING 06/29/16 K11 -5O 1 Ptef6Red d REVISION DATE BY SGH MOTOR OPERATED ROLLING DOOR CITY 0= FAYETTEVILLE ,)DEL • �' • (A001 y ESD20 E 01217996 001 A; GEN; ROYAL OVERHEAD DR - SPRINGDALE NOTE: Wall const ucfien detail shown is for ill ustra five purposes only, does not imply compliance with building requirements, and must meet architectural speofications to properly support product Products designed with vend load requirements must be properly fastened to structural members as specified in order to avoid catastrophic failure Wall construclion and closure installation shall be in accordance vnth the local authority havino iurisdichan reawre on ents GA0414 - 4 1/4" WALL FASTENERS: ASSEMBLY FASTENERS: 6 11/16" 5 7/16" 1 3/4" 1 3/4' 3" x 2" x 3/16" (TYP ) 41/4" 2 1/2' t 1378" 3" x 3" x 3/16" (TYP.) II u 3/16" STEEL BRACKET PLATE ABOVE 3"x3"x3/16" GA0414 - 4 1/4" WALL FASTENERS: ASSEMBLY FASTENERS: AT 36" ON CENTER AT 36" ON CENTER AT 36" ON CENTER AT 36" ON CENTER - 03/8" x 3-1/2"SIMPSON WEDGE -ALL, - 03/8-16 x 1 1/2" HEX HEAD CAP SCREW, GR. 5 - 03/8" x 3-1/2"SIMPSON WEDGE -ALL, - 0318-16 x 1 1/2" HEX HEAD CAP SCREW, GR. 5 MIN. 3000 PSI CONCRETE REQ'D - HEX HEAD NUT, GR. 5 MIN. 3000 PSI CONCRETE REQ'D - HEX HEAD NUT, GR. 5 MIN, EMBEDMENT DEPTH - 2-5/8" - HARDENED FLAT WASHERS MIN. EMBEDMENT DEPTH - 2-5/8" - HARDENED FLAT WASHERS CP0001 SLAT FRONT SLAT �. r •r POLYURETHANE •� INSULATION r , f EXTERIOR r 3' L " BACK SLAT MK: 001 PLAN OF OPENING INSTALLERS NOTE: MAINTAINING FACTORY SET GUIDE GAPS IS CRITICAL TO THE PROPER OPERATION OF THE DOOR AND ITS _ * ABILITY TO WITHSTAND THE DESIGNED WINDLOADI 14'-0" - •� ENDLOCK DETAIL OPENING WIDTH ,_•4 ; - CP0407 MOLDED NYLON ENDLOCK ON ALTERNATING SLATS WITH 2 x 1/4" RIVETS. 0 112'. c CP0407 DISTANCE BETWEEN GUIDES lJOSIF I-- INSULATED SERVICE DOOR GUIDE PreFerteddoorsoirtlon:z ASSEMBLY, 4-1/4" PACKOFF COOKSON I CITY OF FAYETTEVILLE MOTOR SPECIFICATIONS: ELECTRICAL EQUIPMENT LIST: BOTTOM BAR LOCKING: QUANTITY 8 MARK: 3/4 HP motor to include a totally enclosed fan cooled (TEFL) motor 1 - Three button push button station 'OPEN -CLOSE -STOP' in (1) 002 removable without resetting of limit switches, reversing magnetic controller NEMA 1 enclosure, surface mounted. in NEMA 1 enclosure, spur gear box for drive reduction, electric brake and MATERIAL & FINISH: an auxiliary chain operator. Includes magnetic contactors, UL listed thermal overload protection, rotary limit switches, safety edge circuit and Front slat - Aluminum, polyester powder coating, color Rai transformer with 24 volt control secondary, delay on reverse, and a door 8011 closing warning signal Pre -wired to a terminal block using color coding of Back slat -Aluminum, polyester powder coating, color Rai the wires to facilitate troubleshooting 8011 Bottom ear - Structural steel, ZRG powder coating Under CURRENT CHARACTERISTICS: polyester powder coating, color Ral 8011 120 V 1 PH 60 HZ Guides- Structural steel, ZRG powder coating Under polyester powder coating, color Rai 8011 Electrical Current must be verified in writing before job is Hood- Galvanized steel, phosphatized, polyester powder released for manufacture; current verified and found correct coating, color Rai 8011 Operator bracket bracing required, unless operator is wall Plain Steel - ZRG powder coating Under polyester powder mounted. coating 12-1/8"± 20-1/2" ? 6-11116"± 6-11/ I I SOLID WALL CONSTRUCTION REQ'[ iP HOOD BEAD FOR PROVIDED HOOD SUPPORT(S) ,BETWEEN EACH HOOD SECTION i00D 3AFFLE 7-TYPE'LINTEL 3RUSH SEAL (2) SECTION 'D' HOOD �J , THERMISER® r t ROLLING DOOR ` t # 18/18 GA. INSULATED FLAT SLATS SPRING ADJUSTOR STOPPERS I 111 - CHAIN KEEPER,�ASTRAGAL' �� PADLOCK BY OTHERS GUIDE SEAL MAX- 1/4"0 SHANK I —1 14'-0" i]PENING WiDTi 63/1 112" 14-4" 112" 6 3/16" DISTANCE BETWEEN GUIDES ELEVATION (COIL SIDE) AND 9ECTIO VIEW 05-22-2018PRorucrcoca MoEoLtt- (A001) MTR STDL MFW 6F 88AC Seedlaw9 0121fi�9de detail ESD20 B E 01217996 002 A AGENT: SGH MOTOR ROYAL OVERHEAD DR - SPRINGDALE Prefarr©ddDer sollWofir. OzIERATED ROLLING DOOR CONTRACTOR O �ON iO: --- ORIGINAL DRAWING os/2s/1e K11s CITYe CF FAYETTEVILLE ARCHITECT: # REVISION DATE BY Nazi. Yg111 t6h iCflon d tid%%*Nn ie lNdyirthil ee ppgfe6bl pill, aM flat imply ct wL3m* VAh &.41 regarr~ts,"m�OnW Ynylq@GyrN 1pppyytions to PMPe'rlwPPa[.Mii Plpdpna deN(jiMt.lAwnd 1pedrrtWdfanln$inust be properly fastened to structural members as specified in order to avoid catastrophic Failure Wall construction and closure installation shall be in accordance with the local authority havinglunstlia an requirements GA0414 - 4 1/4" WALL FASTENERS ASSEMBLY FASTENERS: AT 36" ON CENTER AT 36" ON CENTER - 03/8"x 3-1/2"SIMPSON WEDGE -ALL, - 03/6-16 x 1 1/2" HEX HEAD CAP SCREW, GR. 5 MIN- 3000 PSI CONCRETE REQ'D - HEX HEAD NUT, GR 5 MIN EMBEDMENT DEPTH -2-5/8" -HARDENED FLAT WASHERS GA0414 - 4 1/4" WALL FASTENERS: ASSEMBLY FASTENERS; AT 36" ON CENTER AT 36" ON CENTER - 03/8" x 3-1/2"SIMPSON WEDGE -ALL, - 03/8-16 x 1 1/2" HEX HEAD CAP SCREW, GR. 5 MIN 300C PSI CONCRETE REO'D - HEX HEAD NUT, GR, 5 MIN. EMBEDMENT DEPTH - 2-5/8" - HARDENED FLAT WASHERS MK: 002 CP0001 SLAT PLAN OF OPENING INSTALLERS NOTE: ' 1 MAINTAINING FACTORY SET GUIDE GAPS IS CRITICAL TO THE PROPER OPERATION OF THE DOOR AND IT'S FRONT SLAT • .•;• ' = �. ; _ ' ". ABILITY TO WITHSTAND THE DESIGNED WINDLOADI POLYURETHANE • ` 14'-0rr . ' INSULATION •, ENDLOCK DETAIL +" +• OPENING WIDTH EXTERIOR �^ • CP0407 MOLDED NYLON ENDLOCK ON ALTERNATING SLATS WITH 2 x 1/4" RIVETS. 3" } o vz" a BACK SLAT CP0407 06-15-2016 PRODUCT ODE DISTANCE BETWEEN GUIDES 7e a TD7 425 MFW 6F 88AC ESD20 (AO E 01217996 002 2 B B INSULATED SERVICE DOOR GUIDE ROYAL OVERHEAD DR — SPRINGDALE Preferreddoarsolullnns ASSEMBLY, 4-1/4" PACKOFF 00�ON CONVaC-:R — ORIGINAL DRAWING 06/29/18 K115 CITY F F O AYETTEVILLE ARQR,T--: - �� # REVISION DATEI BY Bond No. 800003811 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 912 Performance Bond CONTRACTOR: (Mame, legal status and address) Royal Overhead Door, Inc. P. O. Box 386 Mabelvale, AR 72103 OWNER: (Xapae, legal status and address) City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: Amount: $28,995.00 Description: (Warne and location) Overhead Door Replacement BOND hate: (Not earlier than Construction Contract Date) Amount: $28,995.00 SURETY: (A'aune, legal status and principal place of business) The Ohio Casualty Insurance Company Mailing Address for Notices 805 S. Wheatley St., Suite 310 Ridgeland, MS 39157 Modifications to this Bond: (0 Nonc ❑ Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Royal Overhe oor, Inc. The Ohi Signature0524N�V' Signature: Name WZG�t ' Name and Title: ✓ P C76v0 NAeff-A' { and Title: R-9-4 i59-12 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. l I II 111111111111111111111111 Illi! 111111111111111 Ilill 111111111111111 lilt 1111 Doc ID: 018258020009 Type: LIE Kind: PERFORMANCE BOND Recorded: 10/15/2018 at 01:46:10 PM Fee Amt: $55.00 Pape 1 of 9 Washington County, AR Kyle Sylvester Circuit Clerk FileB035-00000603 Surety Phone No. (Any additional signantres appear on the last page of this Performance Bond,) (FOR INFOR,'161770N ONLY — Name, address and telephone) AGENT or BROKER: BXS Insurance P.O. Box 251510 Litt=e Rock, AR 72225 (50:)664-7705 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) § i 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 I 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 Owncr'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 Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: Aftcr investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount its determined, make payment to the Owner; or 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 atter 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. § 7Ifthe 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 Orvncr under the Construction Contract. Subject to the commitment by the Owncr 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, anti 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 (fie 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 hvo 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 fiumishcd, the intent is that this Bond shall be construed as a statutory bond and not as a common taw 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 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. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified out 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, § IS Modifications to this bond are as follows: (Spare is provided below for additional signatures of added parties, other than those appearing on the covet -page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address SURETY Company: (Corporate Seal) Signature: Name and Title: Address Bond No. 800003 8 1 1 Document A312 TM -2010 Payment Bond Conforms with The American Institute of Architects AIA Document 312 CONTRACTOR: SURETY: OVanne, legal status and address) (Nate, legal status and principal place of business) Royal Overhead Door, Inc. The Ohio Casualty Insurance Company P. O. Box 386 Mabelvale, AR 72103 OWNER: (Xame, legal stales and address) City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: A -cunt: $28,995.00 Description: (Name and location) Overhead Door Replacement BOND Date: (Not earlier than Construction Contract Date) Amount: $28,995.00 Mailing Address for Notices 805 S. Wheatley St., Suite 310 Ridgeland, MS 39157 Moditications to this Bond: Q None ❑ See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Royal Overhead Door, Inc. Signature: Name and Title: SURETY Company: (Corp The Ohio Casualty Insurance Name . �... X1-5 and Title: Attorney -in- ct Surety Phone No. (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFOILI:fATION ONLY — r\rate, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: BXS Insurance (Architect, Engineer or other party:) P.O. Box 251510 Little Rock, AR 72225 (501) 664-7705 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. INS& Pott ,11- Fo a� 919 c § 1 The Contractor and 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, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise atter the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Constniction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Suretys obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 6.2 Claimants, who arc employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whieliever is applicable, the Surety shall promptly and ut the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fulls to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § $ The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonuble uttomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 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 Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 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 the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of Claimants or otherwise have any obligations to Claimants under this Bond. § 11 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. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contraetis located or after the expiration of one year from the date (1) on .which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. if the provisions of this Paragraph arc 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. § 13 Notice and Claims 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. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been famished 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. § 15 Upon request by any person or entity appearing to be a potential beneficiary of. this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 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 Construction Contract. The term CIaimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were famished. § 16.3 Constructlon Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and a1 changes made to the agreement and the Contract Documents. § 16.4 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. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 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. § 18 Modifications to this bond are as follows: (Space is provided belowfor additional signatures ofadded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address Signature: _ Name and Title: Address (Corporate Seal) f.t':.� t THIS,POWER OF ATTORNEY IS NOT V I UNLESS IT IS PRINTED ON RED BACKG ND. + 'This Power of Attorney limits the acts of those name in, and they have no authority to bind the Company ezcep s manner -and to the extent_ herein stated.' ' Certificate No. -Z519454 - ✓^ Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American. insurance Company , POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the'State of New Hampshire, that-- Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American. Insurance Company is-a7corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority, herein set forth, does hereby name, constitute and appoint,' Brian A. Boyd; Carol A. Clark; Christopher Stack; Diana L. Durden; James A. Rogers; Kevin Bruick; Landon Fisher; Michael Halters Michael - - _ ✓^� Weatherford; Miki J.- Rogers;:Robin L. Pennington; Shana Meyer; Sherese Escovedo; Sylvia A. Young: all of the city of Little Rock state of AR each individually if there be more than one named, its true and_ lawful attorney-in-fact to make,•execute, seat, acknowledge c and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in'pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons: _ IN WITNESS WHEREOF, this_Power of Attorney, has been subscribed by an authorized officer or official of.the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of October 2016cc �y INS6�.; INSU INSU r� R oP Rib `pN a k�� J ' - -.-N The Ohio Casualty Insurance Company, e a y Liberty Mutual Insurance Company - 0 919 19 1991 s = -j. " _=ti 'dG s 9! -West merican Insurance Company`__ -`N V} pyo Oi 1 * * �. * _ - r� e? v - _ BY David M. Care , Assistant secretary STATE OF PENNSYLVANIA ss _ - _ cc COUNTY OF MONTGOMERY - _ " _ - - _ _ py On this 25th day of October _ 2016, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of.Liberty Mutual Insurance :� H v d Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument foc..thepurposes- therein contained by signin p g on behalf of the corporations by himself as a duly authorized officer. 4 > IN WITNESS WHEREOF, I Have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.- - -_ O - - - aP T S COMMONWEALTH OF PENNSYLVANIA - • --' O ET.re Notarial Seala Pastella. Notary Public- - By;Oof ionTwp.,MontgomeryCounty Teresa Pastella, Notary Public. ssion Expires March 28,2017- ON Member, Pennsylvania Association of Notaries r - " = = j r; ^ �. �O E >: This Power of Attorney is made and executed pursuant to and by authority of the -following By-laws and Authorizations of The Ohio Casualty Insurance_ Company, Liberty.. Mutual -u) O Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: - r7i m i ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject 0'r_ IM to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make,'execute; seal,' y O C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective ;a y powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so i, (D y executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under, :>M the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. N cu C ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman of the president,- o0 E 04 > ,d„ and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute,' ' } p seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their rOP Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.. When so . v O executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-ink r fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety. obligations. r Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of ttie = Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with« j the same force and effect as though manually affixed. 1NS jf 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty, Insurance Company, Libe any, and West American insurance. Company'do - hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the PAttorney by said Companies, is in full force and,effeci and" = has not been revoked." - 1919 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this dBl! of - a 2 c �IIIINSU .I Sup, NiNSUq `�Jr •` eJPorN 6Rry� aJ•oavo2ar'Yt'n ��,olwoan'i'fn -„�. 17 4 x 0 1919 n w 1912 1991 o _ o,,. p ' 3 v Qd '`N"H•iM�`"�'a a�97 95r�CHUS��Z2 � �'OV1Ni^ T LMS -1297 082016 - _ Renee C. I assistant Secretary 43 of 100' venVF-n2 MICHELLE i F .�C�►R�►' CERTIFICATE OF LIABILITY INSURANCE �..---� DATE(MM/DONYYY) 09/20/2018 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: PHONE (A/c, No, Ext): (479) 452-4000 (A/C, Ne):(479) 484-5185 BHC Insurance BHC Euper Lane P.O. Box 3529 Fort Smith, AR 72913-3529 ADDRESS: INSURER (Sj AFFORDING COVERAGE NAIC If INSURER A: Acadia Insurance Company 31325 EACH OCCURRENCE $ 1,000,000 INSURED INSURER B: Continental Western Ins. Co. 10804 INSURER C: Commerce & Indust Ins. Co. 19410 Royal Overhead Door Company, Inc INSURER D: PO BOX 386 Mabelvale, AR 72103 INSURER E INSURER F: nnVFRAn FR CFRTIFICATF NIIMRFR• RFVIRInN NIIMRFR- 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. INSR TYPE Of INSURANCE ADDL INSD SUER POLICY NUMBER POLICY EFF JIMPOLICY EXP LIMITS A X ZOMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR CPA 4748070-11 05/01/2018 05/0112019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $00,000 PREMISES Ea occurrence $ MED EXP A_Y Prson one en $ 5,000 i PERSONAL & ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: -OIJCY � %&_ F] LOC OTHER: GENERAL AGGREGATE $ 2,000,000 2,000,000 PRODUCTS -COMP/OP AGG $ 1 $ AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUOTOS ONIDY CAA 4748071-11 05/01/2018 05101/2019 COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY Per person $ BODILY INJURY Per accident) $ eo,. deMDAMAGE $ Is A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUA 4748072-11 05101/2018 05/01/2019 EACHOCCURRENCE.,.,_,_, Is 3,000,000 AGGREGATE Is 3,000,000 DED RETENTION $ 1 $ C WORKERS COMPENSATION EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH} If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC013594573 05101/2018 05/0112019 XPER TAT TE I LgHiAND 1,000,000 E.L. EACH ACCIDENT $, E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. 41SEASE -POLICY LIMIT $ 1 ,000,000 A A Leased/Rented Equip Installation t Build CPA 4748070-11 CPA 4748070-11 05/01/2018 05101/2018 05/01/2019 05/0112019 Leased/Rented Equip 100,000 Installation Floater 100,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Project: Noland Waste Water Treatment Plant CFRTIFICATF HCSI_r]FR CANCFI I ATInN ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Fayetteville, AR City y 113 W Mountain THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fayetteville, AR 72702 AUTHORIZED REPRESENTATIVE All," ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Rhonda Porter To: Michelle Cooper Subject: COf 09/20/18 PLEASE FORWARD TO ME ONLY A GENERAL LIABILITY & WORKMENS COMP COI FOR: CITY OF FAYETTEVILLE, AR 113 W. MOUNTAIN FAYETTEVILLE, AR 72702 PROJECT: NOLAND WASTE WATER TREATMENT PLANT THANKS! FORWARD TO ME ONLY — THIS HAS TO GO WITH THE CONTRACT. RHONDA PORTER OFFICE MANAGER ROYAL OVERHEAD DOOR, INC. PHONE — 479-927-9990 FAX — 479-927-9780 EMAIL — rporter@royaldoors.com CITY OF PAYCTTIIVILLE AR"USAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form a0 as a covers eet for a sealed envelope; however, using this form itself is NOT a requirement. I S% as Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) - in lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. addenda shalt be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addend ms or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All pa provided with signature lines shall be appropriately signed, dated accordingly, and included with su fitted bid documents FfAl lbid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline n the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME;'Kcj—IA L e—V&' ,' 6" AZi)�- ARKANSAS CONTRACTORS LICENSE NUMBER: City of Fayetteville, AR Bid 18-24, Construction - Overhead Doors Page 3 of 31 ! OPTION 1: An Individual i Name (type or printed): I By: t Doing business as:.__ Business address: I ' Phone No.: f OPTION 2: A Partnershia (Individual's Signature) FAX No.: Partnership Name: —(SEAL) (Signature of general partner – attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: OP71ON 3: A Corporation r LLC 21 Corporation Name: }q q —(SEAL) Date of Incorporation: r t Iype, iteral Business, Pff�;swonal, Service, Limited Lability): OttetC it attach evidence of authority to sign) i Name (type or printed): .,�'iht'i r Title: 1/ rAnOFV el C f Qa p4ei (�//Z167--"% (CORPORATE SEAL) Business address. –/"/ -S . � Phone No.:_"/ 7 FAX No.: Oty of Fayetteville, AR -- Bid 18-24, Construction - Overhead Doors Page 24 of 31 i • 18-24, Addendum 1 Date: Monday, April 02, 2018 To: All Prospective Vendors From: Les McGaugh — 479.575-8220 — Imcaaugh@favetteville-ar.gov RE: Bid 18-24, Construction — Overhead Door CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM 1. Site Visits are not mandatory 2. Site visits will be 04/05%2018 at 11:00 AM —12:00 PM on site at: Noland WWTP 1400 N. Fox Hunter Rd. Fayetteville, AR 72701. %..ity of Fayetteville, AR Bid 18-24, Addendum I Pa e 111 T mmunkaou" Devke for the Deaf Too (479) 521-1316 !Mountain - Fay,tt+eWW, AR 72701 L.) 3idder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 —Subpart P —Excavations. M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. Section 4—Price: Total lump Sum Bid in the amount of $ Section 5 — Listing of Subcontractors: 1, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of my proposal. 1 agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will not enter into contracts with others for these divisions of the Work without written approval from the City. Section 6 — Contract Times: A.) Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in the Agreement. B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the Agreement. Section 7 — Communications: A.) Communications concerning this Bid shall be addressed to the Bidder as follows: � `&JV & Rez: ABY Phone No. �^�jf/7' (,p9 — 49 0q/7_ ��7 q 9 (z) FAX No. `►� t 'i • 'taq -^ —j�0c Section 8 — SIGNATURE: A.) This bid is being submitted in good afaith, according to the e=bidpackage presented: SUBMITTED on this 1 Cs Date of , 20� ._ Arkansas State Contractor License No. DUNS If Bidder is: City of Fayetteville, AR Bid 18-24, Construction - Overhead Doors Page 23 of 31 CAGE CODE: City of Fayetteville Bid 18-24, Construction - overhead Doors Bid Form Contract Name: Construction - Overhead Doors Bid Number: 18-24 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: �_ A L Section 1— Intent: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Section 2 —Terms & Conditions: 2. Bidder accepts all of the terms and conditions of the invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of City's Notice of Award. Section 3 — Bidder's Representations: in submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A.) Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date B.) Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. City of Fayetteville, AR Bid 18-24, Construction - Overhead Doors Page 21 of 31 City of Fayetteville Bid 18-24, Construction - Overhead Doors Vendor References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: '�oYA L i�� 9,"kA ""D moo,} - �V 13 BU51NESSADDRESS: 9 q � _ � AR %1 117(c IOL NUMBER OF YEARS IN BUSINESS: �/ HOW LONG IN PRESENT LOCATION: Y, 6 C TOTAL NUMBER OF CURRENT EMPLOYEES: q FULL TIME PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: FULL TIME PARTTIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed). Contractors shall have valid experience. 1. Kj::fi1cq CoTACrr o r & COMPANY NAME CITY, STATE, ZIP CONTACT PERSON _ 4 qR-= X1 0 L TELEPHONE DATE COMPLETED C1"AAofd(S &{CXR,. V& ---r E-MAIL ADDRESS 3. -MT- L&5er<3nIE ('-CW 5< CIons COMPANY NAME CITY, STATE, ZIP C t2 &c 6�z'k4 CONTACT PERSON 4 )'' r71 -5'1—'6X TELEPHONE DATE COMP(ETED E-MAIL ADDRESS City of Fayetteville, AR Bid 18-24, Construction - Overhead Doors Page 25 of 31 2.1?1-C V- - 2'r CCd COMPANY NAME rAY �c-r�� AS `7�'��1 CITY, STATE, ZIP �I �n'F&YAA1't,,{ CONTACf PERSON TELEPHONE kill) DATE CO PLL ED �VQk-ff CO E-MAIL ADDRESS 4. �r QST _ ) 1 A QCI' . � O COMPANY NAME w /�} �// 93,7 MJ 6 CITY, STATE, ZIP CONTACT PERSON 4 -'i - j— q{,t..#— r7Q11r . TELEPHONE DATE COMPLETED 'rK(--LLE1Z(9 CR Lt�nl E-MAIL ADDRESS W )J S V t.AlC_ 1,170 '�- 0 171 CONTRACTOR: (Nolne. legal status and address) Royal Overhead Door, Inc. P. O. Box 386 Mabelvale, AR 72103 OWNER: (Name, legal status and address) City of Fayetteville, Arkansas 113 W. Mountain Street, Fayetteville, AR 72701 SURETY: (Name, legal status and principal place oj*business, The Ohio Casualty Insurance Company 805 S. Wheatley St., Suite 310 Ridgeiand, MS 39157 80ND AMOUNT: Five Percent (5%) of the Amount Bid ------ PROJECT: OVame, location or address, and Project number. ij'onyy Overhead Door Replacement The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof or (2) pays to the Owner the difference, not to exceed the amount of this Bond. between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid. then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor. the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, 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. Whcn so furnished, the intent is that this Bond shall be construed as a statutory bond and not as n common law bond. Signed and sealed this 18th day of April, 2018 (GYit ess) tt 's5J s�1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. lids PowerolAttomitylkift the tele of Uses named #welch. and it" tuva no authority to bind Uro company except in the manner and m tie extent bersln *titled. Cartiffcate No. 7519+123 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West Amerman insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a corporation duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the taws of the State of Massachusetts, and West American insurance Company is a corporation duty organized under the hews of the State of Indiana (herein collectively caned the "Companies`), pursuant to and by authority herain set forth, does hereby name, constitute and appoint, t3rian_A. Boyd,_Card A. Clark-, Christopher Stacie, Diana L. Durden; Jamas A. Roqers: Kevin Brtuck. Landon Fisher: Michael Hatter: Michael Weatherford: Miki J. Rogers; Robin L. Pennington: Shang Mayer: Sherese Escovedo; Sylvia A. Young at of the city of tittle Rock , state of Alf each individually it there be more than oma named, its brie anti lawful altomay4n4act to make, execute seal, aAnm dedge and deliver, for and on its bmf as surety and as its ad mel deed, any and aft undeftirSs, bonds, recognizatuxfs and other surety obtigaborhs, in purmance of these presents and shall be as binding upon the Cofttparties as if it" have been duly signed by the president aruf attested by the secretary of the Companies In their own paper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 2Sih day d October 2018 all The Ohio Casualty Insurance Company + m a f 6 bJberty Mutual insure Company a% t> t�19 0 tytz a 1991 c West Nnericart insurance company � STATE OF PENNSYLVANIA as David M. Assistant Secretary C MINTY OF MONTGOMERY _ E - co On ibis 25th day of October 2015 before me personally appeased !)avid M. Carey, who acknowledged himself to be the Assistant Secretary oft bio PluWai knsurerncs a U o Company The Corso fatty Cly, and West American Insurance Company, akar that he. as such, being authorized so to do, exeule tie foregoing instrument for the purposes :Q.. p 3 therein contained by signing on behalf of the corporations by himself as a duty authorized offver. .. ct }}$$ > IN WITNESS VfiiEREtJf, t haus hereunto subscribed my name and affixed my notartar seat at King of Prussia, Pennsylvania, on the day and year first above written. O PAST COMMONWEALTH OF PENNSYiYANtA01 r�t, wQ� �yonwry�ili' NOW" Se" Teresa Pasaulft. Notwy pubic By: t0 OF upper Mmion'Twp., wry Copy Teresa Pestafta, Notary Purine _ My Comm'ssion Expires March Ze. 2017 tt Q ` y* trerss4ar, tauwManb Aaaodation ar rhoar,;ea a E jO p This Power of Attmmay is made and executed pursuant to and by authority of the following ByIOWS and Autthorizations of The Ohio Casualty insurance Company, Liberty Mutual 0 O� Insurance Company, and West American insurance Company which resolutions are now in full force and effect reading as follows: 5co ..I ARTICLE IV- OFFICERS - Section Q. Power of Attomey. Any officer or other official of the Corporation authorized for that purpbsa in writing by the Chairman or the President. and subject O GI to such m itatim as bre Chairman or to President may prescribe. sfhag appoint such aiLomaaysairrlact, as may be necessary to ad in behalf of the Corporation to make, execute, saes, � 1 O adalowledge and delver as snity any and all undertakings, bonds, reeognizances and other surety obligatiore. Such attomeysin•taM Surbjed to the limitations set forth in their respective $ j powers of attorneys, and have U1 power to bind me Corporation by then signature and exeaubon of any such Instruments and to attach thereto the seat of the Corporation. Vdien so 1.81 wezeartet% such Instruments shall be as binding as it signed by the President and attested to by the Secretary Any power or authority granted to any representative or afta ney�facN utfder >> _the provisions of this article may be revoked at any time by the Board. the Chairman, the President or by the officer or officers granting such power or authority. vi c4 ea c ARTICLE Xin - Execution of Contracts - SECTION 5. Surety Bonds and Undertalkings. Any ofircer of the Company authorized for that purpose in writing by the caimhm or the president. > and subject to such limb6ons as the chairman or to pfesidornt may prescribe, shaft appoint such attokfhays in lea as May he necessary to ad in behalf of the Company to treks, 00 01.110 O seal. admowledge and dativer as surety any and all undertakings, bonds, rsczrizances and other surety obbptiorns. Such attoreys4ii4act subject to the fitnifations set forth in they 7E C? c> resperpttwars of Atimeyt. shelf have full power to bind the Company by their signature and execution of any such instruments and to attach thereto thesesI of the COMM. When 50 otecutod such instruments shall be as binding as if atgrnad by the president aced alleged by the spry, p Cartif ste of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes favid M. Carey, Assistant Secretary to appoint such altameys•rn- tact as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all unde taitiNs, bonds, recogfnizarco and other surety olifig. Autborbnation - By unanimous consent of the ConVany's Board of Directors, the Company comments that facsimlfa or madouc lty reproduced signature of any assistant secretary of the Company, wherever appearing upm a certified copy of any power of attorney issued by that Caupany in connection with surety bonds, shall be valid and binding upon the Company with the same farce and etfed as though =to* affixed. I, Ranee a t.lewollyn, the uundet"nod. Assistant Secretary. The Obb Casualty insurance Conpatsy, Liberty Mutual fr+suurance Cdrpany, and West American insurance Company do booby cenify that t o original power of aterney of which the foregoing is a tug, tate and correct copy Of the Power of Ammey ex OAW by sai' `cite lomaa and efkd and has net been revoked. , day of , 20 iii TESTIMONY WHEREOF, h have hereunto set my hard and affixed the seats of said Campanian Itis _.i__.Q? s4n 2 199}'" By: a sg 197 '� �..,..,_..._._... s Renee �{ thcratary y1 k ee' "* ' • iii Of 100 rhes tzarx �zo1e • . 1561- 18 Bond No. 800003811 al, 1- 2)-t Document A312TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Royal Overhead Door, Inc. The Ohio Casualty Insurance Company P. O. Box 386 This document has Important legal Mabelvale, AR 72103 consequences.Consultation with Mailing Address for Notices an attorney Is encouraged with 805 S. Wheatley St. Suite 310 respect to Its completion or modification_ OWNER: Ridgeland,MS 39157 Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or City of Fayetteville, Arkansasother party shall be considered • plural where applicable. 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: Amount:$28,995.00 • 11111111111111111111111111111111111111111111111111 Doc ID:. 018258020009 Type: LIE Description: Kind: PERFORMANCE BOND (Name and location) Recorded: 10/15/2018 at 01:46:10 PM Fee Amt: $55.00 Page 1 of 9 Overhead Door Replacement Washington county, AR (� Fi Kyle Circuit00000603 File BOND - Date: (Not earlier than Consultation Contract Date) Amount: $28,995.00 Modifications to this Bond: ® None ❑ Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Royal Overhead Poor, Inc. JPV�Y IN, , The Ohio Casualty Insurance Company a�5�`oRPo�� s*. , '1 4.1�t : 1919 c Signature...,/ Signature: ,..�z_wiln\__J_�� .:ice 0• Name if kfixd 4I 4-- Name Miki J. Roger ` ,s, .411160#.4b and Title: VP Attorney-in-Fact � 1n4efC i and Title: 3744 Surety Phone No. (Any additional signatures appear on the last page of this Petfonnance Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) BXS Insurance • P.O. Box 251510 Little Rock, AR 72225 (501) 664-7705 • §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 docs 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 Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,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. §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 arc 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 lawbond. • § 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 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. §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. § 16 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address • Bond No. 800003811 i Document A312 TM — 2010 ' Conforms with The American Institute.of Architects AIA Document 312 Payment Bond 7 CONTRACTOR: SURETY: I(Naive,legal status and address) (Name,fogad stunts and principal place of business) Royal Overhead Door,Inc. The Ohio Casualty Insut'anceCompany P. O.Box 386 - This document has Important legal consequences.Consultation with _ Mvlabelvale,-AR 72103 Mailing Address for..Nottees an attorney Is encouraged with j 805 S.WheatleySt.,Suite 310 respect to its completion or i modirtcetton. OWNER: Ridgeland,MS 39157 Any singular reference to I (Name,legal slant{and address) Contractor.Surety.Owner or City of Fayetteville,Arkansas other party shall bp • IPu el re applicable. 113 W.Mountain Street Fayetteville,AR 72701 CONSTRUCTION CONTRACT { Date: - [ Amount:$28,995.00 I . Description: t (Name and location) f r Overhead Door Replacement 1 1 BOND • Ogle: . (A'oi earlier,than Construction Contract Dale) . Amount; $28;995.00 . Madilioatio'ns to rhis.Aond: Egi None Q See Section 18 CONTRACTOR AS PRINCIPAL SURETY y0INStuk4 . Company: / (Corp, .Seal) Company:. (Corporate-Seal) ,Nt ikeetaT 4 Royal Overhea D e 6r,Inc. ThOhio CasuaityyInsurance Cothpauy ,at '' c•• � 1919 � - tt Signature: i— , Signature:\. '•wtw �\, r�- � N. Nemo r •� Nemo Mild J. 'ogers • - -;. .37* and Tit and Title; Attorney-in-Fac. Surety Phone No. ' Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY—Name,address and!telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) BXS Insurance • P-:O.Box 251510 Little Rock, AR 72225 (501)664-7705 ' • § 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs;exeeuluis,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, subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have scut a Claim to the Surety(at the address described in Section 13). § 6.2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days utter receipt of the Claim,stating the amounts that arc undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §5 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount ot'this Bond shall be credited for any payments made in good faith by the Surety. §9 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 Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. t.' §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 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. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract-is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph arc 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. §13 Notice and Claims 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.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 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 hcrefrom 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. §15 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount camcd by the Claimant for labor,materials or equipment famished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 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 Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 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. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 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. §18 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address §16.4 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. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 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. § 18 Modilications 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) • Signature: Signature: Name and Title: Name and Title: Address Address r THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This flower of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No.7519417 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, 1 Brian A. Boyd;Carol A.Clark;Christopher Stack;Diana L.Durden;James A. Rogers;Kevin Bruick;Landon Fisher; Michael Halter;Michael Weatherford;Miki J. Rogers;Robin L. Pennington;Shana Meyer;Sherese Escovedo;Sylvia A.Young all of the city of Little Rock ,state of AR each individually if there be more than one named,its true and lawful attorney-in-fad to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an'authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of October , 2016 . j ce �Zx Ns., .INSUq NINSUq r' ,,N-0-P M'co It- ti wSWORt eo e•• 2 "W'u'W,�re, The Ohio Casualty Insurance Company v '..6 Liberty Mutual Insurance Company a o_ 1919 n t 1912 a 1991 s West merican� anInsurance Company ex a> f 1 I 12:>4 * * s °: By: eco STATE OF PENNSYLVANIA ss David M.Carey'ssistant Secretary R 1- COUNTY OF MONTGOMERY to c d pt On this 25th day of October , 2016,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v i- 0 t) c1 Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >, p-2 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. `LL d_> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal al King of Prussia,Pennsylvania,on the day and year first above written. O C CV To P p, COMMONWEALTH OF PENNSYLVANIA ///,�1,��) ittag) <er C -O R.,,,ONWelTFf` Notarial Seat \�N�` T " aC'yti ri v Teresa Pastella,Notary Public gy: O t6 ._Z I• O ` OF Upper Mer'wn Twp.,Montgomery County Teresa Pastella,Notary Public 0 C ` .% <0- 1,,,,,,,,,,s,,,, `- My Commission Expires March 28,2017Ct w O ry� ��P��' Member.Pennsylvania Association of Notaries a E co W R c is This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual N c ` Insurance Company,and West American Insurance Company which resolutions are now in full force and effect readingas follows: CD• cn P Y� P Y .L..Q rvt` ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c 4; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, ,s a O.5. acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surely obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 15 2 E 0^ powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so -a-3 a O p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >r the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. d ..cs 76C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E cc > d and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L O j seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their c cc. Z u respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v E executed such instruments shall be as binding as if signed by the president and attested by the secretary. Ort Certificate of Designation-The President of the Company, pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretaryto appoint such attorneys-in- fact ttorne s-in- ~ 9actingYY PP Y fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of ,:P ripit;:•ii,,..�ey executed by said Companies, is in full force and effect and has not been revoked. gk W IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies ii,>� '16;9 p day ' ,20 . C:i: j1 INS(, ,1NSUv4 PN INSUq,1 19 c I 2 1912 3 " 19 `t a .n yo I til *a' Renee C.Llewstant Secretary�aD 6, 6 CMr�` T 3 �'�'DIT• , * 1r • 6 01 100 LMS_12873_082016