HomeMy WebLinkAbout58-88 RESOLUTION f 'SOLUTI:EL'
NNO. 58-88EARESOLUTIOAUTHRIZINGTHEMAYOANCITYCLERKTOEXEUTEA LEAST AGREEMENTITHJOYCELAMBETHd/baGULIVER' SINTERNATINALTOURSFORADVERTISNGDISPLAYSPACEINTEARPORTTERMINALBUIDING.BEITESOLDBY BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a lease agreement with Joyce Lambeth d/b/a
Gulliver ' s International Tours for advertising display space in
the Airport terminal building.
PASSED AND APPROVED this 2nd day of August , 1988 .
APPROVED
By:
Ma or
YPTt � �
ST•
s $
�
FAYETTE I .E • oT 1 19:9-
MICROFILMED
THE CITY OF FAYETTEVILLE,ARKANSAS AIRPORT DIVISION
October 2, 1989
ATTN: Jessie Burkes
Gullivers International Tours % L & L Ventures
962 Rolling Hills Drive
Fayetteville, Arkansas 72701
RE: ADVERTISING LEASE OPTION
Dear Mr. Burkes:
As per your Lease Agreement with the City of Fayetteville for
Advertising Display Space, you may renew your lease each year for up
to a total of five additional one year terms.
If you wish to renew your lease for one additional year, please
indicate by signing below, keep a copy for your files and return the
original to the Airport Manager's Office at:
113 West Mountain Street
Fayetteville, Arkansas 72701
Thanking you in advance for your prompt response.
Sincerely,
Dale Frederick
Airport Manager
CDF/mlp
4;F
LE EE TITLE ATE
113 WEST MOUNTAIN 72701 501 521-4750
D.
MICROFILMS
LEASE AC •3�IE I'
This TEASE ANENT executed this day of ,
19 by and between the City of Fayetteville, Arkansas, hereinafter
called "Lessor", and Gulliver's International Tours
of Fayetteville, Arkansas , hereinafter
called "Lessee".
WHEREAS, Lessor has available for lease advertising _djsplay space
at the Fayetteville Airport Terminal Building; and
WHEREAS, Lessee desires to lease certain advertising display
space from Lessor.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein the parties hereby agree as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby leases
from Lessor, that certain advertising display space at the Fayetteville
Airport Terminal Building depicted on Exhibit "A" attached hereto
and made a part hereof, which display space consists of one ( 1) wall
display measuring 28" x 44" x 3" identified as exhibit space
number 19
2. Term: The initial term of this agreement shall be for a
period of one year commencing on the (KCilkday of ?lAi/
19 U , and ending on the itpic day of /46( , 1959
at 12:00 p.m. This agreement may be extended for up to 5 additional
one year terms in accordance with the following procedure: At least
60 days prior to the scheduled termination date, Lessor shall give
Lessee written notice of the monthly rent payable in the extended
term; at least 30 days prior to the termination date, Lessee shall
give Lessor written notice if Lessee exercises this option to extend.
3. Removal of Display Material: Upon termination or cancellation
of this agreement, Lessee shall immediately remove all display material
in a workmanlike manner. In the event Lessee fails to remove all
display material within five (5) days from the termination or cancellation
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date, lerial be d abaned and s become
the roperty of Lessor and Lessor. shall have the right to remove and
dispose of said materialay .
4. Maintenancedisp mat: The Cityshall shall
deeme maintain and clean the dispay
case p. The said City shall have the right, at its discretionndo , hall to perform co
necessary maintenance of and repairs to any display sign, poster,
or other advertising material or exhibit in the display case in order
to maintain a high standard of appearance; the cost of such maintenance
or repairs shall be paid by Lessee within fifteen ( 15) days from receipt
of a statement therefore from Lessor.
5. No advertising material or exhibit shall be placed in the
display space leased hereby to Lessee without the prior approval of
Lessor's Airport Ccnanittee. Lessee agrees that Lessor's Airport Committee
may disapprove any proposed advertising material or exhibit which
Lessor's Airport Committee determines would be detrimental to the
operation of the Airport. In the event the Airport Committee disapproves
a proposed advertisement or exhibit, the Airport Manager shall state
in writing to Lessee the reasons the proposed advertisement or exhibit
would be detrimental to the operation of the Airport. The Airport
Committee and the Fayetteville Board of Directors shall have the right
to refuse to approve any proposed advertisement, material or exhibit
which is found to violate any federal, state, or local law or which
is found to infringe upon any copyright or trademark.
6. The City shall provide police surveillance during normal
Airport operating hours in order to protect Lessee's display against
damage from vandalism or trespass, but Lessor shall not be liable
to Lessee for any such damage. Lessor shall immediately report to
Lessee the discovery of any damage to Lessee's display.
7. In the event Lessee, through no fault of its own, is deprived
from using the display space leased hereby, or if the public is denied
normal access to the Airport Terminal Building during regular working
hours, the consideration payable Lessor by Lessee under this lease
shall be adjusted downward on a pro-rata basis for the period of such
deprivation or denial. Should such deprivation or denial continue
-3-
for ninety (90) calendar days Lessee may terminate this lease as of
the original date of such deprivation or denial by giving Lessor written
notice of termination.
8. Consideration: As consideration for use of the demised
premises, Lessor agrees to pay Lessee for the term of this Lease the
sum of $ q60_00 payable in monthly installments of
$ An on in advance on or before the first day of each month.
If any monthly payment due Lessor is not received by the 10th day
of the month Lessee shall pay a late charge equivalent to ten percent
( 10%) of the monthly installment due. If the monthly installment
plus late charge are not received by the 30th day of the month, this
lease shall automatically be terminated and Lessee shall have the
right to remove any display material from the display space leased
hereby.
Upon execution of this lease agreement, Lessee shall deposit
with Lessor a damage deposit in the amount of $ 80.00 . Said
deposit, less expenses incurred by Lessor to repair damage caused
by Lessee or Lessee's agents, employees, licensees, or invitees, and
less costs incurred by Lessee to clean the display space leased hereby,
shall be returned to Lessee upon termination or cancellation of this
agreement.
9. Lessee shall not assign, transfer, pledge, or otherwise
encumber this lease without the prior written approval of Lessor's
Airport Manager. Lessee shall not sublet the demised premises and
shall not allow the demised premises to be used for any purpose not
authorized by this agreement, without the prior written approval of
Lessor.
10. Lessee shall indemnify and hold Lessor harmless from and
against any and all claims, demands, suits, judyments, costs and expenses
asserted by any person or persons, including agents or employees of
Lessor or Lessee, resulting from Lessee's use of the demised premises
including, but not limited to, claims for death or personal injury
to any person, loss or damage to property, and damages for libel,
trademark or copyright infringement, or plagiarism. In the event
-4-
any material or exhibit placed in the display space leased hereby
is determined to be in violation of any federal, state or local law,
Lessee shall immediately remove said material or exhibit and shall
indemnify, defend and hold harmless Lessor and Lessor's employees
and officials from all claims, damages and penalties which may arise
therefrom.
11. Lessee shall not, on the grounds of race, color, creed,
national origin, sex, or handicap, discriminate or permit discrimination
against any person or group of persons in any manner prohibited by
Title VI of the Civil Rights Act of 1964 and Part 21 of the Regulations
of the Office of the Secretary of Transportation as now worded or
as may hereafter be amended. Lessor shall have the right to take
such action as the United States government may direct to enforce
this covenant. Nothing contained herein shall be construed to grant
or authorize the granting of an exclusive right within the meaning
of Section 308 of the Federal Aviation Act of 1958.
12. Lessor shall have the right to place, or have placed, at
the Airport any advertisement or exhibit.
13. Termination by Lessor: In addition to any other right of
termination contained herein, Lessor shall have the right to terminate
this agreement in the event of any of the following:
(a) The filing by Lessee of a voluntary petition in bankruptcy;
(b) The adjudication of Lessee as a bankrupt pursuant to bankruptcy
proceedings;
(c) The appointment of a receiver of Lessee's assets;
(d) The divestiture of Lessee's estate herein by operation of
law;
(e) The abandonment by Lessee of the use of the demised premises;
(f) Damage from any cause to the demised premises which damage
makes said premises untenantable for 90 days.
14. Termination by Lessee: Lessee may terminate this agreement
by giving written notice of termination to Lessor upon the occurrence
of any of the following events:
(a) The permanent abandonment of the Airport Terminal Building
described in Exhibit "A" attached hereto and made a part
hereof.
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(b) The lawful assumption by the United States government, or
any authorized agency thereof, of the operation, control
or use of the Airport in such a manner as to substantially
restrict Lessee from using the demised premises for a period
in excess of 90 days.
(c) Issuance by any court of competent jurisdiction of an injunction
preventing or restraining the use of the Airport Terminal
Building for a period in excess of 90 calendar days.
(d) Default by the City in the performance of any covenant contained
herein and the failure of the City to remedy such default
within 60 days after receipt of written notice from Lessee
15. Notices: Notices to Lessor shall be sufficient if sent
by certified mail, addressed to Lessor's Airport Manager at 113 West
Mountain Street, Fayetteville, Arkansas 72701. Notices to Lessee
shall be sufficient if sent by certified mail addressed to Lessee
at 962 Rolling Hills Drive, Fayetteville, AR 72703 •
IN WITNESS WHEREOF the parties hereto have executed this agreement
on the year and date first above written.
CITY OF FAYM EVILLE, ARKANSAS
Lessor
By:
/
V'y�
MayoCL�- /.t-�c�..�
ATTEST 2 /�
By:
t Clerk
Lessee
By:
• Title: owner
ATTEST ,44^-44
By: 1
Title: office man it
, MICROFILMED
i•s , i,'
_A' �01 Fji
F AYE TT EMI
(
Of
CITY OF FAYETTEVILLE,
ARKANSAS
113 W- MOUNTAIN ST-
72701
SPECIFICATIONS FOR
Brophy Street
Highland Street
Shadowridge Drive > oN1.1
SEWER EXTENSIONS
Bid No. 853
City Engineers ' Office
June, 1988
PROPOSAL FOR SCHEDULE I
(A UNIT PRICE CONTRACT)
Place Ar4,411.) l�n,t4QirtE�G.�
Date Ogg
gg
Proposal of l �ite2 0 CL1 cS�r�C�.
a corporation* organized and existing under the laws of the State of
, and qualified to do business in the State of Arkansas;
a Partnership* consisting of
an Individual* trading as
TO THE CITY OF FAYE'I hVIT.LF, ARKANSAS:
The bidder in compliance� with,your invitation for bids for the
construction of _ !. Shadowridge Dr.-
Sewer Extensions having examined
the Plans and Specifications with related documents and the site of the pro-
posed work, and being familiar with all the conditions surrounding the work,
including the availability of materials and labor, hereby proposes to furnish
all labor, material, and supplies required to be furnished, and to construct
the project in accordance with the Contract Documents, and at the unit prices
stated below. These prices are to cover all expenses incurred in performing
the work required under the Contract Documents, of which this proposal is a
part.
Bidder hereby agrees to commence work under this contract on a date to
be specified in a written "Word Order" of the Engineer, and to fully complete
the project within 4O consecutive calendar days.
0)
Bidder acknowledges receipt of the following addenda:
* Fill out applicable blank
BID SC'r.:.:_:_
SSAJCWRIDGE DR. - SEWER EXTENSION
ITEM ESTIAAr D QUANTITY TOTAL** TOTAL
NC. iN IFS: :PT 3N P^_CE
1. 1740 L.F.
6" P.F.C. SDR-35 42-)
Sewer Main Q'- 4' deep Dollars •
$/6.00 ;V79¢o,00 J
2. 600 L.F. // _42,n 2r>
6" F.V.C. SDR-35
Sewer Main 4'- 5' deep Dollars
$/7,00 $ Soo,00
3. 100 L.F.
6" P.V.C. SDR-35
Sewer Main 5'- 6' deep Dollars
/7,00 $/17Oo,oo
4. 100 L.F.
6" P.V.C. SDR-35
Sewer Main 6'- 7' deep llars
San) S/ 900 tin ✓
5. 50 L.F.
6" P.V.C. SDR-35
Sewer Main 7'- 8' deep Dollars
lq,00 $quo• 04
"
6. 10 EachVcast-in-place ��,, LlI •
precast j4-gectmCQtect�9
Manhole 0'- 5' deep Dollars V
Circle one I
$1 ,6. 60 ;() 660, Ob
5b
•
ShadcNr_cce Dr . - Sewer Ex.ter.s:c-.'a
U
z_��.. _ .
7. 1 Each a)cast-in-place j �"
)precast Dollars
Manhole 5' - 6' deep
Circle one $ 134�Q_Q_ $ 7 0,00 I
8. Each (aJcast-in-place o, /
b)precast 11-Lc�-Averilek7
Dollars
Manhole 6'- 7' deep
Circle one $ 710 00 # 790. Od
9. *22 Each
4" Sewer Tap and 5' Stub Doll 4irs
(P.V.C. Sch. 40)
Sgb,00 SgiOCJ0r00
10 . 250 c.y. 7/2 d,
Solid Rock Excavation Do1Tr
$90, 00 $ 000. 00
TOTAL $5�1 p O p, d 0
'Note: Tees or. ryes shall be installed at the time of the construction of
the main line_
5c
CONTRACT A( 2EF 1ENT
1. THIS CONTRACT AND AGREEMENT, made and entered into this 8th
day of Sep__ , 1988 , by and between the City of Fayetteville, Arkansas,
Party of the First Part, acting through it's duly authorized representative,
and
Fayette Tree & Trench, Inc.
P.O. Box 471
Fayetteville, Ar. 72702-0471
Party of the Second Part:
WITNESSETH:
That for and in consideration of the payments to be made as hereinafter set
forth, the Party of the Second Part hereby agrees to furnish all tools,
labor, equipment, materials, and supplies required to the furnished and to
construct the improvements designated as
Shadowridge Dr. - Sewer Extension for the amount of $56 , 000 .00
change order to the Brophy/Highland Sewer Contract (No. 1)
for the City of Fayetteville, Arkansas, in exact accordance with the Plans
on file at the Office of the City Engineer, and Specifications, Proposals,
Stipulations, and Special Provisions attached hereto and made a part hereof
as fully as though copied herein, under the direction of and to the entire
satisfaction of the Party of the First Part and in accordance with the laws
of the State of Arkansas.
2. It is further agreed and understood by and between the parties
hereunto that the Party of the First Part agrees to pay and the Party of the
Second Part agrees to accept as full and final compensation for all work
done under this agreement, the Unit Prices and/or Lump Sum Price named in
the Proposal which is hereto attached, such payment to be made in lawful
money of the United States, at the time and in the manner set forth in the
Specifications.
3. The Party of the Second Part agrees, for the consideration
above expressed, to begin and complete the work within the time specified in
the Proposal. Time is expressly made of the essence of this Contract. If the
Party of the Second Part shall fail to complete the work in the time
specified he shall pay to the Party of the First Part, as liquidated
damages, ascertained and agreed, and not in the nature of a
penalty, the amount specified in the Proposal for each day delayed, for each
Schedule delayed, which shall be deducted from the final amount to be paid
under the Contract. Extensions of time may be granted with waiver of
liquidated dimages as provided for in the Specifications.
4. The Party of the Second Part agrees to furnish a Bond, with an
approved Surety thereon, guaranteeing the performance of this Contract, as
required by the lows of the State of Arkansas, and for not less than one
hundred (100) percent of the amount of this Contract. Said Bond shall be
conditioned on full and complete performance of this Contract and acceptance
by the City of Fayetteville for the payment of all labor and materials
entering into or incident to the proposed improvements and shall guarantee
the work against faulty workmanship or materials for a period of one (1)
year after completion. The Surety on said Bond shall be a Surety Company of
financial resources satisfactory to the Party of the First Part, and
authorized to do business in the State of Arkansas.
5. The Party of the second Part agrees also to carry Public Liability
Insurance, Property Damage Insurance, and Workman's Compensation Insurance
in amounts as required by these Specifications.
WITNESS OUR HANDS THIS /4 DAY OF , 198$
CITY OF FAYEITEVILLE
/�,,�G (1.a FAYETTEVILLE, ARKANSAS
A test by City Cle By
moor
n 1;-)
/C1,' _
Contractor
y Name and Title /1�/
WITNESS 0! / �/' 7 /
Boam es AddressA;
qq
Corporate Seal (if any) 1 7 0-7 L2 g
BROPHY AVE. $5 175; 00
HIGHLAND AVE. $ /fI Ito‘ 00
6rJL. < SHADOWRIDGE DR. $5 000. 00
r
TOTAL 7g1.33 5'xb
Note: Contract will be awarded based on the total on all
three projects.
•
** Unit Prices to be shown in words and figures . In case of discrepancy
amount shown in words will govern.
The unit prices shall include all labor, materials, bailing, shoring,
overhead, profit, insurance, etc. , to cover the finished work of the several
kinds called for.
Bidder understands that the Owner reserves the right to reject any or
all bids and to waive any informalities in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn
for a period of sixty (60) calendar days after the scheduled closing time
for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will
execute the formal contract attached within ten (10) days and deliver the
Surety Bond or Bonds as required by Paragraph 8 of- ,e General Condi ons .
The bid security attached in the sum of J P;V -v-
is to become the property of the Owner in the event the contra'�t- and bond are
not executed within the time above set forth, as liquidated damages for the
delay and additional expense to the Owner caused thereby.
Respectfully Submitted:
B yg :9-v\Q 1)7.a.V4e''/hh1 L'
6R6' /ate4-7I
/ 916 :-0411
SEAL - if bid is by a corporation
`7)e; g —oily 80
6
� s
immemommk
ARKANSAS PERFORMANCE AND PAYMENT BOND
r�✓ (14-604 Arkansas Statutes)
• e
KNOW ALL MEN BY THESE PRESENTS: That we (1) Fayette Tree & Trench, Inc.
a (2) Corporation , hereinafter called "Principal" and
American States
(3) Insurance Company of Indianapolis , State of
Indiana • •hereinafter called the "Surety", are held and
firmly bound unto (4) City of Fayetteville, Arkansas , hereinafter called
Fifty-Six Thousand
"Owner" in the penal sum of and no/100 dollars ($ 56,000.00 ) ,
in lawful money of the United States, for the payment of which sum well
and truly to be made,. said principals and Surety bind themselves, their
heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract. with the Owner, dated the
day of , 19 , a copy of which is attached and made a part
hereof for the construction of:
C - Sewer Line Extension - Shadowridge Drive, Fayetteville, Arkansas -
Bid #853
NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform
its duties, all the undertakings, covenants, terms, conditions, and agree-
ment of said contract during the original term thereof, and any extensions
thereof which may be granted by the Owner, with or without notice to the
Surety, and if he shall satisfy all claims and demands incurred under such
contract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which the Owner
may incur in making good any default, and shall promptly make payment to all
persons, firms, subcontractors and corporations furnishing material for or
performing labor in the prosecution of the work provided for in such contract,
any any authorized extension or modification thereof, all amounts due for,
but not limited to, materials, lubricants, oil, gasoline, coal and coke,
repair on machinery, equipment and tools consumed or used in connection with
the construction of said work, fuel oil, camp equipment, food for men, feed
for animals, premium for bonds and liability and workmen's compensation
insurance, rentals on machinery, equipment and draft animals; also for taxes
or payments due the State of Arkansas or any political subdivisions thereof
which shall have arisen on account of, or in connection with, the waQes
earned by workmen covered by the bond; and for all labor performed in such
work whether by subcontractor or otherwise, then this obligation shall be
void, otherwise to remain in full force and effect.
•
•
••
7
I
The Surety agrees the terms of this bond shall cover the payment by
the principal of not leis than the prevailing hourly rate of wages as
determined by the Arkansas Department of Labor or U. S. Secretary of
Labor, whichever is greater, to all workmen performing work under the
contract.
PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alternation,
or addition to the terms of the contract or to the work to be performed
thereunder of the specifications accompanying the same, shall in any wise
affect its obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the
contract as to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts,
each of which shall be deemed an original, this gm day of
6e)0 eG e,- , 19 88.
ATTEST:
Fayette Tree & Trench, Inc.
1 ,. (PRINCIPAL)
/
BY "�r G2 j
CRETARY ( RINCIPAL) (TITLE)
P. 0. Box 471
(SEAL) Fayetteville. Arkansas 777(]7
(ADDRESS)
1 y , " ?, American States Insurance Company
WITNSS,A TO •PRINCIPAL (SU )
ADDRESS ATTORNEY-IN-FACT
_. Renner & Company, Inc.
ATTEST: P. 0. Box 427, Fayetteville, Arkansas 72702
ADDRESS
Jr....2 tr----- Q-LAA......0.,-_
SECRETARY(SURETY)
(SEAL)
WITNESS AS TO ATTO EY-IN-FACT
P. 0. Box 427
FayPttw.T;1 1 o Arkansac 77707
ADDRESS
• 8
s s
GENERAL POWER OF ATTORNEY
American States Insurance Company
INDIANAPOLIS, INDIANA
KNOW ALL MEN BY THESE PRESENTS,that American States Insurance Company,a Corporation duly organized and existing under the
laws of the State of Indiana,and having its principal office in the City of Indianapolis,Indiana,hath made,constituted and appointed,and does by
these presents make, constitute and appoint
ROBERT M. RENNER AND KEVIN RENNER
CO
(Jointly or Severally) a--�
CJ7
of Fayetteville and State of Arkansas Ul
its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and �1
deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings,
provided, however, that the penal sum of any one such instrument executed hereunder
shall not exceed ONE MILLION AND NO/l00 ($1,000,000.00) DOLLARS
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the common seal of
the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.This
Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States
Insurance Company, which reads as follows:
"The Chairman of the Board, the President or any Vice-President shall have power, by and with the concurrence with the
Secretary or any Assistant Secretary of the Corporation,to appoint Resident Vice-Presidents,Resident Assistant Secretaries
and Attorneys-in-Fact as the business of the Corporation may require or to authorize any one of such persons to execute.on
behalf of the Corporation, any bonds, recognizances, stipulations and undertakings,whether by way of surety or otherwise"
IN WITNESS WHEREOF,American States Insurance Company has caused these presents to be signed by its Vice-President.attested by its
Assistant Secretary and its corporate seal to be hereto affixed this 26th day of February
A. D. 19 87 AMER IC S A S INSURANCE CO. PAN -
(SEAL)
By
ATTEST: _i'� Assistant Vice-President
Assistant Se etary
STATE OF INDIANA SS:
COUNTY OF MARION
On this 26th day of February , A. D., 19 87 , before me personally came
Alan son T. Abel , to me known, who
being by me duly sworn,acknowledged the execution of the above instrument and did depose and say,that he is a Vice-President of American
States Insurance Company;that he knows the seal of said Corporation:that the seal affixed to the said instrument is such corporate seal:that it was
so affixed by authority of the Board of Directors of said Corporation: and that he signed his name thereto under like authority. And said
Alanson T. Abel further said that he is acquainted with Gilbert Taylor and knows him to be the
Assist IV
$ c gf,saidLnrtp��tipn1gd_t.at LE executed the above instrument.
ibiY JVAINVIUAIsRY 10, 1989t KCJ �ff12l C.[� . iN
My Commission Expires `�i` Notary Public
STATE OF INDIANA
COUNTY OF MARION} SS:
Gilbert Taylor the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY,do hereby certify that
the above and foregoing is a true and correct copy of a Power of Attorney,executed by said AMERICAN STATES INSURANCE COMPANY,which
is still in full force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By-Laws of AMERICAN STATES
INSURANCE COMPANY which reads as follows:
"All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the
president or a vice-president and the secretary or an assistant secretary, whose signatures, if the instrument is duly
countersigned by an authorized representative of the Corporation,may be facsimiles.Such signatures and facsimiles thereof
.shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such
officer at the time such policy or other instrument of insurance shall have been actually issued
."by the Corporation"
In witness whereof,I have hereunto set my hand and affixed the seal of said Corporation,this 9+L day of �J m:A •
A. D., 19 '2 "
(SEAL)
Form 9-1459(8-80) Assi ant ratecy
AGREEMENT MICROFILMED
For
ENGINEERING SERVICES
For
STREET IMPROVEMENTS
THIS GREEM T, made and entered into this /`day of
1988, by and between the CITY OF FAYETTEVILLE, ARKANSAS,
hereinafter eferred to as the "Owner" , and CRAFTON, TULL, SPANN & YOE,
INC. , Consulting Engineers of Rogers, Arkansas , hereinafter referred to as
the "Engineer" .
WITNESSETH THAT:
WHEREAS, the Owner desires to improve, construct or reconstruct Willow
Street from Center to Huntsville Street, and Spruce Street from Vandeventor
to Gregg Street, within the City of Fayetteville; and
WHEREAS, the Engineer has sufficient experienced personnel and
equipment to perform the work described in this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Owner and the Engineer, the parties hereto, stipulate
and agree that the Owner does hereby employ the Engineer to perform the
required engineering services as hereinafter set out; and the Engineer
agrees to provide said services.
Section 1 . DESCRIPTION OF PROJECT
The Engineer shall perform all work and provide all services required
to develop detailed plans and specifications for the construction of certain
improvements to Willow Street and to Spruce Street. The requirements are as
follows:
o Willow, Center to Huntsville St. (WS-8801)
1 . Asphalt overlay, 22 ' wide plus or minus.
2. Curb and gutter on one side.
3. Storm drainage.
4. Improvements at Willow and Huntsville.
o Spruce, Vandeventor to Gregg Street (SS-8802)
1 . Concrete paving, existing width.
2. Curb and gutter.
3. Storm drainage.
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Section 2. SCOPE OF ENGINEERING SERVICES
1 . Surveys necessary to establish the approximate rights of way.
2 . Preparation of preliminary cost estimates.
3. Design of necessary drainage pipe and drainage structures.
4 . Evaluation of the adequacy of the existing storm drainage.
5. Taking of bids and a recommendation on bid award.
6. Construction management, including the preparation of regular pay
requests, etc.
7. Preparation of record drawings.
Section 3. COMPENSATION
The basis of compensation for this contract is further detailed on the
attached Part 1 , Part 2, and Part 3, "Cost or Price Summary Format for
Contracts under U.S. DHUD Contracts" . Compensation for the services to be
provided under this agreement shall be made as follows:
1 . A lump sum price of Six Thousand Seven Hundred Forty Nine and
63/100 ($6,749.63) , shall be paid for completing the detailed
plans and specifications through bids and award recommendation.
2. Payment for the construction management phase shall be in
accordance with the attached hourly rates in Exhibit "A" , not to
exceed Five Thousand Two Hundred Seventeen Dollars($5,217.00) .
3. In the event it becomes necessary to prepare easement or right-of-
way plats, the payment for the preparation of these plats shall be
in accordance with the attached hourly rates in Exhibit "A" with
the further stipulation that if the anticipated work under this
item exceeds Five Hundred Dollars ($500.00) , additional approval
of the Owner will be necessary.
Partial payments to the Engineer shall be made as follows:
1 . Ninety percent (90%) of the lump sum price for completing the
detailed plans and specifications when these documents are
submitted to the Owner.
2. Ten percent (10%) of the lump sum price for completing the
detailed plans and specifications when bids are received and award
recommendation is made to the Owner.
3. Payment for the construction management shall be made on a monthly
basis during the construction period.
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4. Payment for preparation of easements or right-of-way plats shall
be made when the work is completed.
Section 4. GENERAL CONSIDERATIONS
A. Termination of Contract for Cause
If, through any cause, the Engineer shall fail to fulfill in timely and
proper manner his obligations under this contract, or if the Engineer
shall violate any of the covenants, agreements, or stipulations of this
contract, the Owner shall thereupon have the right to terminate this
contract by giving written notice to the Engineer of such termination
and specifying the effective date hereof, at least five days before the
effective date of such termination. In such event, all finished or
unfinished documents, data, studies, and reports prepared by the
Engineer under this contract shall , at the option of the Owner become
its property, and the Engineer shall be entitled to receive just and
equitable compensation under this contract for any satisfactory work
completed on such documents.
Notwithstanding the above, the Engineer shall not be relieved of
liability to the Owner for damages sustained by the Owner by virtue of
any breach of the contract by the Engineer, and the Owner may withhold
any payments to the Engineer for the purpose of setoff until such time
as the exact amount of damages due the Owner from the Engineer is
determined.
B. Termination for Convenience of Owner
The Owner may terminate this contract any time by a notice in writing
from the Owner to the Engineer. If the contract is terminated by the
Owner as provided herein, the Engineer will receive just and equitable
compensation under this contract.
C. Changes
The Owner may, from time to time, request changes in the scope of the
services of the Engineer to be performed hereunder. Such changes,
including any increase or decrease in the amount of the Engineer's
compensation, which are mutually agreed upon by and between the Owner
and the Engineer, shall be incorporated in further written amendments
to this contract.
D. Personnel
1 . The Engineer represents that he has, or will secure at his own
expense, all personnel required in performing the services under
this contract. Such personnel shall not be employees of, or have
any contractual relationship with the Owner.
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2. All the services required hereunder will be performed by the
Engineer, or under his supervision, and all personnel engaged in
the work shall be fully qualified and shall be authorized or
permitted under state and local law to perform such services.
3. No person who is serving sentence in a penal or correctional
institution shall be employed on work under this contract.
E. Compliance with Local Laws
The Engineer shall comply with all applicable laws, ordinances, and
codes of the state and local government and shall commit no trespass on
any public or private property in performing any of the work embraced
by this contract.
F. Assignability
The Engineer shall not assign any interest in this contract , and shall
not transfer any interest in the same (whether by assignment or
novation) without the prior written approval of the Owner; provided,
however, that claims for money due or to become due the Engineer from
the Owner under this contract may be assigned to a bank, trust company,
or other financial institution, or to a trustee in bankruptcy, without
such approval . Notice of any such assignment or transfer shall be
furnished promptly to the Owner.
G. Access to Records
The Owner, the U. S. Department of Housing and Urban Development , the
Comptroller General of the United States, or any of their duly
authorized representatives, shall have access to any books, documents,
papers and records of the Engineer doing work under this contract which
are directly pertinent to a specific grant program for the purpose of
making audit, examination, excerpts, and transcriptions.
H. Estimates
Since Engineer has no control over the cost of labor, materials or
equipment or over the methods of determining prices, or over
competitive bidding or market conditions, the estimates of costs
provided are to be made on the basis of Engineer's experience and
qualifications and present his best judgment, being familiar with the
industry, but engineer cannot and does not guarantee that established
costs will not vary from estimates prepared.
I . Insurance
Engineer shall secure and maintain such insurance as will protect him
from claims under the Workmen's compensation Acts and from claims for
bodily injury, death or property damage which ■ay arise from the
performance of his services under this contract.
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J. Successors and Assigns
Each party of this contract binds himself and his partners, successors,
executors, administrators and assigns to the other party of this
contract in respect to all covenants of this contract. Neither party
shall assign, sublet or transfer his interest in this contract without
the written consent of the other.
Section 5. EQUAL OPPORTUNITY PROVISIONS
During the performance of this contract, the Engineer agrees as
follows:
A. The Engineer will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The Engineer will take affirmative action to
ensure that applicant are employed, and that employees are treated
during employment, without regard to their race, color, religion,
sex, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Engineer
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the
Contracting Officer setting forth the provisions of this
nondiscrimination clause.
B. The Engineer will , in all solicitations or advertisements for
employees placed by or on behalf of the Engineer, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
Section 6. CONFLICT OF INTEREST
A. Interest of Owner
No officer, employee, or agent of the Owner who exercises any
functions or responsibilities in the review or approval or in
connection with the carrying out of the project to which this
contract pertains shall have any personal interest, direct or
indirect, in this contract.
B. Interest of Certain Federal Officials
No member of, or delegate to, the Congress of the United States,
and no Resident Commissioner, shall be admitted to any share or
part of this contract, or to any benefit to arise herefrom.
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,
C. Interest of E gineer
The Engineer covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, in the above
described project area, or any parcels therein, or any other
interest which would conflict in any manner or degree with the
performance of his services hereunder. The Engineer further
covenants that in the performance of this contract, no person
having any such interest shall be employed.
Section 7. OTHER PROVISIONS
In connection with this project, the Owner shall :
A. Give thorough consideration to all documents presented by the
Engineer and inform the Engineer of all decisions within a
reasonable time so as not to delay the work of the Engineer.
B. Make provisions for the employees of the Engineer to enter public
and private lands as required for the Engineer to perform
necessary preliminary surveys and investigations.
C. Obtain the necessary lands, easements and rights-of-way for the
construction of the work.
D. Furnish the Engineer such plans and records of construction and
operation of existing facilities, or copies of same, bearing on
the proposed work as may be in the possession of the Owner. Such
documents or data will be returned to the Owner upon completion of
the work or upon the request of the Owner.
E. Pay the cost of making necessary soundings, borings, analyses of
materials and laboratory work exclusive of the Engineer's
supervision thereof.
F. Pay all plan review costs and all cost of advertising in
connection with the project.
All plans and specifications prepared by the Engineer under this
contract shall become the property of the City and may be used by the City
for construction purposes upon payment of the consideration due the Engineer
hereunder for preparation of said plans and specifications.
The Engineer, at the Engineer's expense, shall furnish the Owner two
copies of "as-built" drawings of each phase of the project.
This agreement shall be binding upon the parties hereto, their
partners, heirs, successors, administrators and assigns; and neither party
shall assign, sublet or transfer his interest in this agreement without the
prior written consent of the other party hereto.
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IN WITNESS WHEREOF, the Owner has caused these present to be executed
in its behalf by its duly authorized representatives, and the said Engineer
by its duly authorized representatives, and the parties hereto have set
their hands and seal on the date heretofore set out.
CITY OF FAYETTEVILLE, ARKANSAS
Attest: MARI YN JO N YOR
i vAd 6?net--
CITY CLERK
' ri�I�'' CRAFTON, TULL, SPANN & YOE, INC.
Attes CO '.l► .
rO
f'illpk " BOB H. CRAFTO , PRESI T
'Is/
( .�GCu &?-1,N4-(\—
VICKI ISOM, SECRETARY/TREASURER
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