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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. • 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. 4205 • • • • I • : r. tk Jii 3 - _ 1 • 5 ii •i i 4. . ii I T- Jl �� ' ) • • E `., _ •) ..4247/6.2-,.;.e �fit-'I;.e7 ._ ?�:�(-7) . . .., Cry0- -i .: //// //,7 i 2' f' r J. E. MCCLELLA,ND CONSULTING ENGINEERS Civil Engineering Consulting ,SuNita rg and ,Materials Testing 1810 N. COLLEGE AVE. P. O. BOX 1229 • 4.•. • 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 • •-.. . ,:y • 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 1 • page 1I, 02 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-- • , CONTRACT STATE OF ARKANSAS COUNTY OF WASHINGTON • 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 IV- 1 • 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 IV -2 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 IV -3 • • EA I TEi•i 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 • 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 ,- • a 1975, -- ANCHOR CONSTRUCTION COMPANY Principal Attorney EAST, JR. • -t • ▪ 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 • 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 • (Signed) • vY- 3499 Rev. 8-73 I 1 1 1 )T 1 ASID tr:ttaCk. 1 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 I 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 I 1 1 1 )T 1 ASID tr:ttaCk. 1 BID -OR -PROPOSAL • CONTRACT DEPARTMENT • 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 w 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