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Failure to make any disclosure required by Governor’s Executive order 98-04, or any violation of any rule,
regulation, or policy adopted pursuant to that Order, shall be a material breach of terms of this contract.
Any contractor, whether an individual or entity, who fails to make the required disclosure or who violates
any rule, regulation or policy shall be subject to all legal remedies available to the agency.
a) The contractor shall, prior to entering any agreement with any subcontractor for which the total
consideration is greater than $25,000, require the subcontractor to complete a Contract and Grant
Disclosure and Certification Form. The contractor shall ensure that any agreement, current or
future between the contractor and a subcontractor for which the total consideration is greater than
$25,000 shall contain the following statement:
Failure to make any disclosure required by Governor Executive Order 98-04, or any
violation of any rule, regulation or policy adopted pursuant to that Order, shall be a
material breach of the term of this subcontract. The party who fails to make the
required disclosure or who violates the rule, regulation, or policy shall be subject to
all legal remedies available to the contractor.
b) The contractor shall, within ten (10) days of entering into any agreement with a subcontractor,
transmit to the ATU Purchasing Department, a copy of the Contract and Grant Disclosure and
Certification Form completed and signed by the subcontractor and a statement containing the
dollar amount of the subcontractor.
c) The terms and conditions regarding the failure to disclose and conditions which constitutes
material breach of contract and rights of termination and remedies under the Executive Order
98-04 are hereby incorporated within.
PERFORMANCE & PAYMENT BOND FOR CONTRACTS OVER $20,000.00
(Arkansas Code Annotated 18-44-503, 18-44-506, 18-44-507 and Arkansas Code Annotated 22-9-401,
22-9-402, 22-9-403)
The successful bidder shall furnish a Performance and Payment bond within 10 days after receipt of the
University’s Notice of Intent to Award. Use the proper Arkansas Statutory Performance and Payment
Bond Form, provided by the University or by the Arkansas Building Authority. Failure to furnish the
required bonds may cause forfeiture of bid guarantee to the Owner as liquidated damages.
The Contractor shall furnish a “Performance and Payment Bond” in the amount equal to 100% of the
contract price as security for the faithful performance of this contract and for payment of all indebtedness
for labor and materials furnished or performed in connection with this contract. The bond shall be written
by a surety company that is qualified and is authorized to do business in the State of Arkansas. The bond
must be executed by a resident local agent who shall be entitled to the full commission paid local agents,
who is licensed by the Insurance Commissioner to represent the surety company executing said bond and
who files with said bond his Power of Attorney as his authority. The mere countersigning of a bond will not
be sufficient.
The bond shall be written in favor of Arkansas Tech University and executed. An original and two (2)
copies of the bond must be furnished, with Power of Attorney attached to each. The contractor shall file
(not record) the original with the Clerk in the Circuit Court of Pope County. The contractor is to pay all
expenses incident to the filing of the bond. The remaining two copies should be certified by the Clerk to
evidence the filing of the original and these two copies submitted to ATU Procurement Services.
SUBCONTRACTORS
All prime contractors, as a condition to perform construction work for and in the State of Arkansas, shall
use no other subcontractors when the subcontractors’ portion of the project is $20,000 or more, except