HomeMy WebLinkAbout95-75 RESOLUTION-r-.RESOL'UTION NO. 9.J IS-
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH ANCHOR CONSTRUCTION COMPANY FOR CON-
STRUCTION OF TWO TENNIS COURTS AT WALKER PARK.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be, and they hereby are,
authorized and directed to execute a contract with Anchor
Construction Company for the construction of two tennis
courts at Walker Park at a maximum contract price of $18,000.
A copy of said contract, marked Exhibit "A", is attached
hereto and made a part hereof.
PASSED AND APPROVED THIS gA DAY OF
APPROVED:�j��
MAYOR
ATTEST:
ITY1PLERK.2
1975.
MEMORANDUM
TO: P. J. Tobin, City Controller
FROM: Sturman Mackey, Budget Officer
SUBJECT: December 15, 1975 invoice from J. E. McClelland,
Consulting Engineers - See attached copy.
DATE: January 28, 1976
Per an Engineering Service Agreement dated October 8, 1975, McClelland
Engineering was to prepare plans, specifications and assist in the
bidding on Walker Park Tennis Courts and Roadway and Parking Lot
at the Youth Center.
Bids were taken on the plans and specs as prepaid by the engineer.
See attached bid tabulation.
No bid was awarded on the Roadway and Parking Lot. It was determined
that the Street Department would do this work using the plans and speci-
fications prepared by McClelland Consulting Engineers. Shortly
after receipt of the invoice from McClelland, referenced above, I
wrote the City Manager a note stating that I felt the engineering
fee for the Roadway and Parking Lot at the Youth Center should be
based on the Street Department estimate or the Street Department's
actual construction cost. The amount would be 61 per cent of
this cost. There should be no inspection fee as the Street Department
will do their own inspection. The Street Superintendent has the
estimate for this job.
A contract was awarded to Anchor Construction Company on December
3, 1975, for the Walker Park Tennis Courts. The total amount of this
contract,as per letter attached,is not to exceed $16,377.50. The
engineering fee would be 61 per cent of this amount plus the $250.00
fee for field staking as noted on the December 15, 1975 invoice. A
further invoice of 31 per cent for inspection based on $16,377.50
would follow on completion of the tennis court job.
If I may be of further assistance, please contact me.
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Walker Park
Two (2)
Tennis Courts
TOTAL BID
City of Fayetteville
Two (2) Walker Park Tennis Courts
2:00 P.M. October 29, 1975
Jack Burge Anchor
Construction Company Construction Company
$18,358.50 517,367.50
RECOMMENDATION: That the low bid of Anchor Construction Company- be
awarded at the unit prices hid and that the Mayor and
City Clerk be authorized to execute a contract for
construction of two (2) tennis courts under the
Community Development Program for 1975. The 1975
Community Development Budget includes an appropriation
of $18,000 for this work.
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J. E. MCCLELLA,ND CONSULTING ENGINEERS
Civil Engineering Consulting
,SuNita rg and ,Materials Testing
1810 N. COLLEGE AVE. P. O. BOX 1229
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FAYETTEVILLE, ARKANSAS 72701 AREA CODE 501 4434271
STATEMENT
December 15, 1975
TO: City of Fayetteville
Fayetteville, AR 72701
FOR: 75-153 Engineering Services in connection with Youth Center
Parking Lot and Roadway, and Walker Park Tennis Courts
Base bid by Anchor Construction Company $43,807.50
Engineering Fee, Design Phase: 6Y% of Construction Cost
.065 x 43,807.50 $2,847.49
Field staking parking lot,
roadway, drainage pipe and inlets . . 250.,00
TOTAL . . . . . $3,097.49
WHEN REMITTING, PLEASE RETURN ENCLOSED COPY
OF STATEMENT FOR PROPER CREDIT TO YOUR ACCOUNT.
THANK YOU.
Al
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page 11.01
AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT, made the fL_jj day of r,n-ioi„r , 197j , by and
between McClelland Consulting Engineers, Inc., 1810 North College Avenue,
Fayetteville, Arkansas, hereinafter called the ENGINEER, and the City
of Fayetteville, Fayetteville, Arkansas, hereinafter called the OWNER,
WITNESSETH, that the ENGINEER and the OWNER, for the considerations herein-
after named, agree as follows:
WHEREAS, the ENGINEER will provide the following services in connection with
parks improvements known as Parks Project Number 4:
1. Provide preliminary investigation and preliminary cost estimates.
2. Assist the OWNER in preparation of application(s) to the proper
Federal Agency --for a grant to facili+:ate funding the Project.
3. Prepare detailed plans and specifications for construction,
including estimates of quantities and construction costs.
4. Provide assistance in obtaining permits and approvals from State
and Federal Agencies, where applicable.
S. Provide assistance to the OWNER in receiving bids for construction,
analyzing same, and in awarding'the contract.
6. Provide observation and consultation during the construction phase
and prepare and submit periodic estimates showing progress of the
work and amounts earned by the contractor.
7. Prepare and process change orders and changes as necessitated
during the construction phase.
8. Cooperate with the Parks and Recreation Department and other
groups having an interest in the Project.
9. Prepare "As -Built" drawings at the conclusion of construction and
furnish the OWNER with two sets for pr:imancnt record.
WWHEREAS, in consideration for services performed the OWNER agrees to pay the
ENGINEER according to the following:
For preliminary work and detailed plans and specifications, payable
after said plans and specifications are complete and approved by all
appropriate agencies: 61% of the construction cost;
For assisting the OWNER through the contract letting and award, for
staking the construction, providing periodic construction observation
and consultation and providing "As -Built" plans at the completion of
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the work: 31% of construction cost, payable in periodic amounts in
proportion to the construction work completed, and
WHEREAS, it is agreed that should re -design of any portion of the project be
required, not the result of actions or omissions by the ENGINEER, the
OWNER will provide additional compensation to the ENGINEER, said
compensation to be negotiated by the parties hereto at the time said
re -design is ordered by the OWNER, and
WHEREAS, in the event additional services, not stipulated herein, are ordered
by the OWNER, compensation for said additional services will be nego-
tiated by the parties hereto, and
WHEREAS, the OWNER reserves the right to reduce or expand the amount of work
to be constructed under this project, and it is agreed that consideration
to be paid to the ENGINEER will be reduced or increased in proportion to
the change ordered in the project.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the day,
month and year first mentioned above.
CITY OF FAYETTEVIILE McCLELLAND CONSULTING ENGINEERS
FOR THE OWNER: FOR THE ENGINEER:
/Y / ;tp/On -10r_,
Title:
4Ia o r
ATTEST:
�s ✓%�r �i7 e, VVe,;El eae
City Clerk
Title:'%12:ih,141--
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CONTRACT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
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THIS AGREEMENT made and entered into this 3rd day of
19 75 , by and between the City of Fayetteville, County of
State of Arkansas, Party of the First Part, hereinafter call
and ANCHOR CONSTRUCTION COMPANY, INCORPORATED
of the City of Fayetteville, Arkansas
Party of the Second Part, hereinafter called the Contractor.
A0. 9S- 7,3-
December
s
December ,
Washington,
ed the Owner,
WITNESSETH: That whereas, the Owner has called for bids for two tennis
courts, as set out in these Specifications and approved by the Board of
Directors of the City of Fayetteville, Arkansas, and,
WHEREAS, the Contractor is the best bidder for the work hereinafter set
out, pursuant to the published call for bids under said Plans and
Specifications,
NOW, THEREFORE, the Contractor agrees with the Owner to furnish the
materials and complete the installation of two tennis courts at Walker
Park in the City of Fayetteville Arkansas as described in these speci-
fications, for the unit prices bid in the Proposal, as amended by
letter dated December 1, 1975 from McClelland Consulting Engineers,
Incorporated; all of which becomes and are a part of this Contract,
the total sum not to exceed the budgeted sum of eighteen thousand
dollars ($18,000.00), such sum being the agreed amount upon which bonds
and liabilities are based, and at his own cost and expense furnish all
supplies, labor, machinery, equipment, tools, supervision, bonds, insurance,
and other accessories and services necessary to complete the said con-
struction in accordance with the conditions and prices stated in the
Proposal attached hereto and made a part hereof, and in accordance with
the General and Detailed Specifications, and in accordance with the
Plans, which includes all maps, plats, blue prints and other drawings,
and written or printed explanatory matter thereof.
The Contractor agrees to complete all work pertaining to said tennis
courts 90 calendar days from the date of the execution of the contract.
The Owner agrees to pay the Contractor from funds budgeted in the 1975
Community Development Block Grant Program for the performance of the
contract in accordance with the accepted Proposal therefor, subject
to additions and deductions, as provided in the General and Detailed
Specifications, and to make payment on account thereof as provided
below:
As soon as is practicable after the first of each calendar month, the
Owner will make partial payments, subject to statutory retainages, to
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the Contractor for work performed during the preceding calendar month,
based upon the Engineer's estimate for work accepted by the Owner.
Upon completion of the work and final acceptance by the Owner and En-
gineer, the Engineer shall issue a Final Estimate of work done based
upon the original contract and subsequent changes made and agreed upon,
if any.
Time is hereby expressly declared
and the time of beginning, manner
the work hereunder, shall be, and
to be of the essence of this contract,
of progress and time of completion of
are essential conditions hereof.
The Contractor agrees to commence work as specified in the Detailed
Specifications, and to proceed with the construction of the work and
to prosecute the work within the time specified herein. If the Con-
tractor fails in completing the contract within the time stipulated here-
in, the Contractor agrees to pay the Owner, as liquidated damages the
sum of fifty dollars ($50.00) per day for each calendar day of delay
in completion, said amounts being fixed and agreed upon by and between
the parties hereto. Because of the impracticability and extreme diffi-
culty in fixing and ascertaining the actual damages Owner would in such
event sustain, said amounts are to be presumed by the parties to this
contract to be the amounts of damage Owner would sustain. Said amounts
of liquidated damages shall be deductible from any amount due the Con-
tractor under Final Estimate of said work, after the completion thereof,
and Contractor shall only be entitled to the Final Estimate, less such
amounts of liquidated damage.
If the Contractor be delayed at any time in the progress of work by any
act or neglect of the Owner of of his employees, or by any other Con-
tractor employed by the Owner, or by changes ordered in the work, or by
strikes, lockouts, fire, unusual delay in transportation, unavoidable
casualties or any causes beyond the Contractor's control, or by delay
authorized by the Engineer pending arbitration, or by any cause which
the Engineer shall decide to justify the delay, then the time of comple-
tion shall be extended for such reasonable time as the Engineer may
decide.
No such extension shall be
days before claim therefor
case of a continuing cause
made for delay occurring more than seven
is made in writing to the Engineer. In the
of delay only one claim is necessary.
In the eventthe Contractor abandons the work hereunder or fails, neglects
or refuses to continue the work after ten (10) days written notice,
given Contractor by the Owner or by the Engineer, then the Owner shall
have the option of (1) declaring this contract at an end, in which event,
the Owner shall not be liable to the Contractor for any work, theretofore
performed hereunder, or, (2) requiring the surety hereto, upon ten (10)
days notice, to complete and carry out the contract of Contractor, and in
that event, should the surety fail, neglect or refuse to carry out said
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contract, said Owner may complete the said contract at its own expense,
and maintain an action against the Contractor and the surety hereto for
the actual cost of same, together with any damages or other expense sus-
tained or incurred by Owner in completing this contract less the total
amount provided for hereunder to be paid Contractor, upon the comple-
tion of this contract.
This contract shall be binding upon the heirs, representatives, successors
or assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands
and seals, respectively,
'. / Je AL -C/
Witnesses
ATTEST:
BY:
CONTRA
TOR
CITY OF FAYETTEVILLE, ARKANSAS
r, lJ�/GiAr�J l /.fwd t)
/1",ayor
City Clerk
Titl
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NO Quantity
14
Liimp Sung
WALKER PARK
Item
Top Soil removal
words
cC —
15 320 C.Y. Crushed Limestone Base
(SB -24,
ice. iL Fr';[ �L ,
h
Iv/ores
16 153 tons Asphalt Surface
17
18
19
20
Lump Sum
(words) /av
Fencing, complete
Lump Sum
((ma
words
Unit
Pri ce
Extended
L.S.
dollars L.S.
c'C
/C.Y.
dollars/C. Y. $ -751,..L(24
$ �)-.t /ton
dollars/ton
$ 270.g:a,L.S.
,y j W -dollars L.S.
Surface Sealer and Lines
Tit': - 3'�e JM1i,op.�f� _!_"e..:� rr
(words)
Lump Sum
$ LG fe=�1JL.S.
dollars L.S. $
Net Posts and Center $
Anchors
- Sf)( e`lgs!L a / eV, cam dollars L S. 5
(words) /z
Lump Sum
Practice Board
$
L i 4a_cc
itt"/�4 x[uy al,yi� — dollars L.S. 5
�°�
(worlds)
Sub -Total, Walker Park
oco
$-/73L� a
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MCCLELLAND CONSULTING ENGINEERS INC.
Mr. Don Grimes
City Manager
City of Fayetteville
Fayetteville, Arkansas 72701
Dear Mr. Grimes:
J. E. MCCLELLAND, P.E.
P. ERVAN WIMBERLY, P.E.
VERNON OUANE ROWE
December 1, 1975
RE: Tennis Courts, Walker Park
75-153
Bids were received on October 29, 1975 for the construction of two tennis courts
at Walker Park. Two bids were received, the lower being submitted by Anchor
Construction Company in the amount of $17,367.50. This amount, when added to
the engineering fee, exceeds the amount budgeted by the Parks Committee for the
work. However, by deleting a practice board from the work, we are able to stay
very close to the budget amount as follows:
Total Bid
Less Practice Board
Plus Engineering (10%)
Total Estimated Cost
By carefully controlling the quantities of asphalt
the $18,000 budget.
$17,367.50
990.00
16,377.50
1,637.75
$18,015.25
and SB -2, we can stay within
We recommend that this item, as shown, be placed on agenda for award to Anchor
Construction Company at the next Board Meeting.
JEM:jw
cc: Skip Holland
Dale Clark
1810 N. COLLEGE AVE. P. O. BOX 1220
Very truly yours,
dC
J. E. McClelland, P.
FAYETTEVILLE, ARKANSAS
E.
TELEPHONES 501-449.4271/449.237/
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We, ANCHOR CONSTRUCTION COMPANY
as Principal, hereinafter called Principal, and
MARYLAND CASUALTY COMPANY , as Surety,
hereinafter called Surety, are held and firrly bound unto
CT TY OF FAYFTTEVTT.T.R, ARKANSAS
as Obligee, hereinafter called Owner, the amount of ._SIXTFEN THOUSAND
THRF.F HTINDRFT) SFVFNTY SFVEN ANT) 50/100 D llars ($lb 377 50 ),
for the payment whereof Principal and Surety bind themselves, their heirs,
personal representatives, successors and assigns, jointly and several:,
firmly by these presents.
Principal has by written agreement dated DECEMBER 3, 1975
entered into a contract with Owner for
TENNIS COURTS. ROAD AND PARKING LOT CONSTRUCTION, FAYETTEVILLE,
ARKANSAS
which contract is by reference made a part hereof, and is hereinafter re::er-
red to as the Contract.
The condition of this obligation is such that if the Principal shall
faithfully perform the Contract on his part and shall fully indemnify and
save harmless the Owner from all cost and damage which he may suffer by
reason of failure so to do and shall fully reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any such
default, and further, that if the Principal shall pay all persons all in-
debtedness for labor or materials furnished or performed under said contract
failing which such persons shall have a direct right of action against the
Principal and Surety jointly and severally under this obligation, subject
to the Owner's priority, then this obligation shall be null and void; other-
wise it shall remain in full force and effect.
No suit, action or proceeding shall be brought on this
State of Arkansas. No suit, action or proceeding shall be
bond except by the Owner after six months from the date
made on the Contract, nor shall any suit, action or proceed
the Owner after two years from the date on which the final
Contract falls due.
bond outside the
brought on this
final payment is
ing be brought by
payment under the
Any alterations which may be made in the terms of the Contract, or in
the work to be done under it, or the giving by the Owner of any extension of
time for the performance of the Contract, or any other forbearance on the
part of either the Owner or the Principal to the other shall not in any way
release the Principal and the Surety or Sureties, or either or any of them,
their heirs, personal representatives, successors or assigns from their lia-
bility hereunder, notice to the Surety or Sureties of any such alteration,
extension or forbearance being hereby waived.
In no event shall the aggregate liability of the Surety exceed the sum
set out herein.
Execute,d,on this 3RD. ___ _._.day of _
THIS BOND IS GIVEN
IN COMPLIANCE WITH
ACT 351 OF 1953 AS
AMENDED
DECEMBER
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1975, --
ANCHOR CONSTRUCTION COMPANY
Principal
Attorney
EAST, JR.
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▪ Know OII Men by these Presents: That MARYLAND CASUALTY COMPANY, o corpora-
tion created by and existing under the lows of the State of Maryland, of Baltimore City, Maryland, in pursuance
of the authority set forth in Section 12 of Article V of its By-laws, from which the following is a true extract, and
Which Section has not been amended nor rescinded:
"The Chairman of the Board or the President or any Vice -President may, by written instrument under
the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations undertakings, or other like instruments on behalf of the Corporation,
and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and
may with or without cause modify or revoke any such appointment or authority,"
does hereby nominate, constitute and appoint JACK EAST, JACK EAST, JR. , KERRY NEW,
JAMES E. -DANIEL and JUDY FRANKS, each_with full power to act alone,.
.s
CERTIFIED COPY
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of LITTLE ROCK State of ARKANSAS..is Attorneys -in -Fact
• to make, execute, seal, and deliver on its behalf as Surety, and as its act and deed, any and all bonds, recogni-
zances, stipulations, undertakings, and other like instruments.
Such bonds, recognizances, stipulations, undertakings, or other like instruments shall be binding upon said
Company as fully and to all intents and purposes as if such instruments had been duly executed and acknowl-
edged and delivered by the authorized officers of the Company when duly executed by any one of the
aforesaid attorneys in fact.
This instrument supersedes power of attorney granted
Jack East, Jack East, Jr., Knight Cashion, Jon East,
Doris Nell Julian and Kerry New dated May 2, 1974, and
James E. Daniel dated August 27, 1973.
In Witness Whereof, MARYLAND CASUALTY COMPANY has caused these presents to be executed in its
name and on its behalf and its Corporate Seal to be hereunto affixed and attested by its officers thereunto duly
authorized, this 10th day of September , 19 75 , at Baltimore
• City, Maryland.
ATTEST:
(Signed)
(CORPORATE SEAL)
MARYLAND CASUALTY COMPANY
Kathryn B. Young By (Signed) Albert H. Walker
Assistant Secretary. Vice -President.
STATE OF MARYLAND
BALTIMORE CITY
On this 10th day of September , A. 11, 19 75 before the subscriber,
a Notary Public of the State of Maryland, in and for Baltimore City, duly commissioned and qualified, came
Albert H. Walker Vice -President, and. Kathryn B. Young Assistant
Secretary, of MARYLAND CASUALTY COMPANY; to me personally known, and known to be the officers described
in, and who executed the preceding instrument; and they each acknowledged the execution of the same; and,
being by me duly sworn, they severally and each for himself deposed and said that they respectively hold the
offices in said Corporation as indicated, that the Seal affixed.to the preceding instrument is the Corporate Seal of
said Corporation, and that the said Corporate Seal, and their signatures as such officers, were duly affixed and
subscribed to the said instrument pursuant to all due corporate authorization.
IN WITNESS WHEREOF, I hove hereunto set my hand and affixed my Official Seal, at Baltimore City, the
day and year first above written.
(NOTARIAL SEAL)
My commission expires
July 1, 1978
(Signed) Alyce E. Garnett
Notary Public.
CERTIFICATE
I an Assistant Secretary of the Maryland Casualty Company, do hereby.certify that 1. have compared the aforesaid
- ▪ copy of the Power of Attorney with the original now on file among the records of the Home Office of the Company and in
my custody, and that the same is a,full, true and correct 'copy, and`that the Power of Attorney has not been revoked,
t amended or abridged, and is now in full force and effect.
I also certify that the following Resolution was adopted by the Board of Directors of the Maryland Casualty Company
at the regular meeting held in Houston, Texas, on February 2, 1971:
RESOLVED, that the facsimile signature of any officer of the Company and facsimile Corporate Seal may be affixed to any
Power of Attorney or certified copy thereof, authorizing the execution of bonds, recognizances, stipulations, undertakings,
and other like instruments. Such facsimile signatures and Corporate Seal, whenever heretofore or hereafter appearing, shall
be valid and binding upon the Company as though manually affixed. `
Given under my hand as Assistant Secretary, and the Seal of .• the Company, atBaltirnore• City;-M`a-ryland this
3RD day of DECEMBER' ' • --19 - 75
16007 Rev. 10-72
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(Signed)
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BY AN "X" HAS ISSUED The Maryland
1�I
OF INSURANCE NEITHER _ JJl
OR ALTERS THE COV-
THIS IS TO CERTIFY THAT THE COMPANY INDICATED
THE POLICY OR POLICIES LISTED. THIS CERTIFICATE
AFFIRMATIVELY NOR NEGATIVELY AMENDS. EXTENDS
ERAGE AFFORDED BY SUCH POLICY OR POLICIES.
NAME ENO AOORESS OF INSURED
McClinton Brothers Company, A Corporation
Anchor Construction Company
P. 0. Box 1367
Fayetteville, AR 72701
ISSUED AT REQUEST OF
r -
CITY OF FAYETTEVILLE, ARKANSAS (1(%
jftf&t& of IttSuranrP
FAYETTEVILLE, ARKANSAS X 02 MARYLAND CASUALTY COMPANY
L
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0 07 NORTHERN INSURANCE COMPANY OF NEW YORII
0 08 ASSURANCE COMPANY OF AMERICA
TYPE OF INSURANCE
POLICY NUMBER
POLICY PERIOD
LIMITS OF LIABILIIV
WORKMEN'S COMPENSATION AND
STATUTORY WORKMEN'$COMPENSATION
EMPLOYERS' LIABILITY
CR 06500760
2-17-75/76
$ 100 ,000 EMPLOYER'S LIABILITY
GENERAL BODILY MJURV
EACH OCCURRENCE AGGREGATE
LIABILITY
CR 28315358
2-17-75/76
$ 500 ,000$ Nil .000
GENER AL PROPERTY DAMAGE
EACH OCCURRENCE AGGREGATE
,'ABILITY
2-17-75/76
$ 100 ,000 $
100 ,000
SR 28315358
AUTOMOBILE BODILY INJURY
EACH PERSON EACH OCCURRENCE
LIABILITY,SR
28315358
2-17-75/76
$ 250 ,000
$ 500 ,000
AUTOMOBILE PROPERTY DAMAGE
EACH OCCURRENCE
LIABILITYSR
2-17-75/76
$ 100 , 000
28315358
CHECKMATE POLICY (BLANKET
EACH OCCURRENCE AGGREGATE
EXCESS LIABILITY COVERAGE(
$ '000 $ ,000
Such of the following extensions of coverage are In effect as are indicated by ® :
GENERAL LIABILITY
IX COMPREHENSIVE POLICY FORM
0 EXPLOSION AND COLLAPSE HAZARD EXCLUSIONS DELETED
115 UNDERGROUND HAZARD EXCLUSION DELETED
ril BROAD FORM PROPERTY DAMAGE LIABILITY COVERAGE
CONTRACTUAL LIABILITY (AS DEFINED IN POLICY)
0 PRODUCTS AND COMPLETED OPERATIONS COVERAGE
0
AUTOMOBILE LIABILITY
I
IX COMPREHENSIVE POLICY FORM
C§ EMPLOYER'S NON -OWNERSHIP AND HIRED AUTOMOBILE COVERAGE
0
DESCRIPTION AND LOCATION OF OPERATIONS TO WHICH ABOVE POLICIES APPLY:
JOB: Tennis,Courts, Road and Parking Lot Construction,
Fayetteville, Arkansas
IN THE EVENT OF CANCELLATION OF THE INSURANCE THE COMPANY AGREES TO GIVE 10 days
NOTICE TO THE PARTY AT WHOSE REQUEST THIS CERTIFICATE IS ISSUED. EAST, CASHION & F
DATE
12-9-75
Bre
Y
Author
ed Representative
Jack
ast. r.
3499 Rev. 8-73
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BID -OR -PROPOSAL
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CONTRACT DEPARTMENT
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MARYLAND CASUALTY COMPANY
BALTIMORE, MARYLAND
Know all Men by these Presents: That
ANCHOR. ..CONSTRUCTION. .. COMPANY
(hereinafter called the!! PRINCIPAL)and'.the MARYLAND CASUALTY COMPANY, a corporation created and existing under
the laws of the State of Maryland, and whose principal office is located in Baltimore City, Maryland, (hereinafter called the
SURETY) are held and firmly bound unto
C ITY...0F...FAYETTEV.ILLE,...ARKANSAS
(hereinafter called the OBLIGEE)
in the full and just sum of EWE ...PER. ..CENT ...QF..AMOUNT. ..BID Dollars
good and lawful money of the United States of America, to the payment of which said sum of money, well and truly to be
made and done, the said PRINCIPAL binds himself, his heirs, executors, administrators, successors and assigns, and the said
SURETY binds itself, its successors and assigns, jointly and severally, fiimly by these presents.
Signed, sealed and dated this 29th day of Octab.er ;A. D., 19...7.5..
The conditions of this obligation are such, that if any awards made, within sixty (60) days from the date of this
instrument, by said OBLIGEE to the above bounded PRINCIPAL under a public invitation for
TENNIS CQURTS,...ROAD ..AND. ...PARKING ...LOT ...CORSTRUC.TIQN,
EAYR.TTR�IZ.I �.E,...ARKAN.SAS
shall be accepted by said PRINCIPAL and said PRINCIPAL shall enter into a contract for the completion of said work, and
give Bond with the MARYLAND CASUALTY COMPANY, as surety, or with other surety or sureties to be approved by the
OBLIGEE for the faithful performance thereof, then this obligation shall be null and void; otherwise to remain in full force
and effect.
PROVIDED: First:—That the liability of the SURETY shall in no event exceed the penalty of this bond.
Second:—That any suits at law or proceedings in equity brought or to be brought against said SURETY
to recover any claim hereunder, must be instituted within six (6) months from the date of this instrument. ..,
a
12021 Ed. 3-59
• /.
...ANCHOR...CONS.TRUCT.ION...C.OMP.AN.Y [St] ';
.BY.:� L.� r" lSExtC]
- [SEAL]
Principal.
MARYLAND CAS if TY COMP
Jack East, Jr, Atto
pans/ aina
30 NOAV3 NI
30 31 V H38 NO
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z
0
1
CERTIFIED COPY , , ,
F - -
Know all Men by these Presents: That MARYLAND CASUALTY COMPANY, a corpora-
tion created by and existing under the laws of the State of Maryland, of Baltimore.City, Maryland, in pursuance
of the authority set forth in Section 12 of Article V of its By -lows, from which the following is a true extract, and
which Section has not been amended nor rescinded:
"The Chairman of the Board or the President or any Vice -President may, by written instrument under
the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Corporation,
and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and
may with or without cause modify or revoke any such appointment or authority,"
does hereby nominate, constitute and appoint JACK EAST, JACK EAST, JR. , KERRY NEW,
'JAMES E.,DANIEL and JUDY FRANKS, each with full power.to. act alone,
of LITTLE ROCK State of ARKANSAS its Attorneys -in -Fact
to moke, execute, seal, and deliver on its behalf as Surety, and as its act and deed, any and all bonds, recogni-
zances, stipulations, undertakings, and other like nstrum ents.
Such bonds, recognizances, stipulations, undertakings, or other like instruments shall be binding upon said
Company as fully and to all intents and purposes as if such instruments had been duly executed and acknowl•
edged and delivered by the authorized officers of the Company when duly executed by any one of the
aforesaid attorneys in fact.
This instrument supersedes power of attorney granted
Jack East, Jack East, Jr., Knight Cashion, Jon East,
Doris Nell Julian and Kerry New dated May 2, 1974, and
James E. Daniel dated August 27, 1973.
In Witness Whereof, MARYLAND CASUALTY
name and on its behalf and its Corporate Seal to be
authorized, this 10th
City, Maryland.
ATTEST: (CORPORATE SEAL)
(Signed) Kathryn B. Young
STATE OF MARYLAND
BALTIMORE CITY
COMPANY has caused these presents to be executed in its
hereunto affixed and attested by its officers thereunto duly
day of.. September 19..._75, at Baltimore
MARYLAND CASUALTY COMPANY
By (Signed) Albert H. Walker
Assistant Secretary. Vice -President.
On this 10th day of.,.,. September ................... A. D., 19 75, before the subscriber,
a Notary Public of the State of Maryland, in and for Baltimore City, duly commissioned and qualified, came
Albert H. Walker Vice -President, and Kathryn B. Young Assistant
Secretary, of MARYLAND CASUALTY COMPANY, to me personally known, and known to be the officers described
in, and who executed the preceding instrument; and they each acknowledged the execution of the same; and,
being by me duly sworn, they severally and each for himself deposed and said that they respectively hold the
offices in said Corporation as indicated, that the Seal affixed to the preceding instrument is the Corporate Seal of
said Corporation, and that the laid Corporate Seal, and their signatures as such officers, were duly affixed and
subscribed to the said instrument pursuant to all due corporate authorization.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at Baltimore City, the
day and year first above written.
(NOTARIAL SEAL)
My commission expires
July 1, 1978
(Signed).. Alyce E. Garnett
.............................__. Notary Public.
CERTIFICATE
I. an Assistant Secretary of the Maryland Casualty Company, do hereby certify that ; have ompared the aforesaid
copy•of the Power of'Attorney with the original now on file among the records of the Home Office of the Company and in
my custody, and that the same is a full, true and correct copy, and that the Power of Attorney has not been revoked,
amended or abridged, and is now in full force and effect.
I also certify that the following Resolution was adopted by the Board of Directors of the Maryland Casualty Company
at the regular meeting held in Houston, Texas, on February 2, 1971.
RESOLVED, that the facsimile signature of any officer of the Company and facsimile Corporate Seal may be affixed to any
Power of Attorney or certified copy thereof, authorizing the execution of bonds, recognizances, stipulations, undertakings,
and other like instruments. Such tacsimile signatures and Corporate Seal, whenever heretofore or hereafter appearing, shall
be valid and binding upon the Company as though manually affixed.
Given under my hand as Assistant Secretary, and the Seal of the Company, at Baltimore City, Maryland this
29.th day of Octo er
19 75
16007 Rev. 10-72
(Signed)
n,
SPECIFICATIONS
for
TENNIS COURTS, ROAD & PARKING LOT
CONSTRUCTION
CITY OF FAYETTEVILLE,
ARKANSAS
J08 NO. 75-153
September, 1975
McCLELLAND CONSULTING ENGINEERS, INC.
FAYETTEVILLE, ARKANSAS
McCLELLAND CONSULTING ENGINEERS , INC
R
ADDENDUM NO. 1 a
TENNIS COURTS, ROAD AND PARKING LOT CONSTRUCTION
CITY OF FAYETTEVILLE, ARKANSAS
The following changes to the Specifications are hereby effective:
1. Base material for tennis courts at Walker Park
shall be 8" of SB -2, crushed limestone, meeting
the specifications of the Arkansas Highway Depart-
ment. Material shall be laid in not less than two
lifts. Each lift shall be rolled and wetted as
necessary until a density of 95% of maximum den-
sity at optimum moisture content is obtained, said
maximum density being determined in the laboratory
by the Standard Proctor method. Base material shall
be laid to true line and grade as established in the
field.
2. Top soil removed at the Youth Center, for the most
part, will require hauling from the job site. A
small portion will be used to fill behind completed
curb and gutter and to fill in some minor low areas.
The remainder will be disposed of on Harmon Field or,
at the Contractor's discretion; it may be hauled from
the site. Top soil at Walker Park will be wasted on
the site, spread thin and dressed neatly, or the Con-
tractor may haul it from the site. A small amount of
excavation will be required at the Youth Center, as
welt as a small amount of fill. The Contractor will
include this work in his bid for top soil removal.
3. Drainage swales around the tennis courts shall be pro-
vided to positively remove surface water. The Contra -
tor shall include the cost for swales in his bid for
top soil removal.
By signature below, the Contractor acknowledges receipt of this addendum
and understanding of same. The signed addendum shall be submitted with
the Contractor's bid.
Company
McCLELLAND CONSULTING ENGINEERS 1 INC