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11-77 RESOLUTION
t RESOLUTION NO. 11-T1 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACTS WITH HECKATHORN CONSTRUCTION COMPANY AND ANCHOR CONSTRUCTION COMPANY FOR PARKS PROJECT NUMBER 4. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Heckathorn Construction Company for Parks Project Number 4 at a contract price of $36,567.00. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Anchor Construction Company for Parks Project Number 4 at a contract price of $22,116.50. A copy of said contract, marked Exhibit "B", is attached hereto and made a part hereof. PASSED AND APPROVED THIS / DAY OF APPROVED: tl4 on.,74-- MAYOR ..ATTEST: t CITY CLERK 1977. hMiCROFILMECi OCT 0197E DATE REEL 11 1.4 /1 between fr CONTRACT THIS AGREEMENT, made this day of City of Fayetteville, Arkansas (Corporate Name of Owner) herein through its Mayor t. HUD.4236-F 1866) 191 , by and herein called "Owner," acting (Title of Authorized Official) Heckathorn Construction Company, Inc. ,and; STRIKE OUT (a corporation) (jl(Q,jrgF)p) INAPPLICABLE y(i11iIiialitiva$doing business as TERMS of Fayetteville hereinafter called 'Contractor." , County of Washington and State of Arkansas WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: Construction of chlorinator building and replacement of a filter at Wilson Park Swimming Pool, Fayetteville, Arkansas hereinafter called the project, for the sum of Twenty seven thousand nine hundred twenty-thwlars ($ 27 , 923.09 and all extra work in connection therewith, under the terms as stated in the General and Special Con- ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary, to cnni- plete the said project in accordance with the conditions and prices stated in the Proposal, the.General Conditions, Sup- plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared byMCCl el l and Consulting Engineers. Inc. , herein entitled the Architect/Engineer, and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and rul- Iectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 30 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 75.00 for each consecu- tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. (Over) wCRpF\LlI`F 3. 'l9 QAZE� IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. K ' r� .(Seal) of ATTEST: '" 1 A 01 . -6615"" ) t7 sit y Clerk (witness) (Seal) City of Fayetteville (Owner) By 7.7e1-1-ene: ila' rlPJ- By Mayor (Title) i__H athorn Construction Company /(Contractor) 'ff Vice President (Title) 2401 North Gregg Fayetteville, AR (Addres end Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. • HUD -4238•F (6.661 GP 0 869-380 Contract 158 (Arkan,aa) (10.57) twwIla ...:•./'l`:1.?i S1:afy,.Via:f,rf\•�i:�:r:::.y/, it'i::.,Gr / LII 4lnl.L n\ F/1.A7t..0 \i:5J! `l.fg.t:t1NMI*♦;f::-2?uf/F.11't[;.�trr,�i L.:rtr o�}•%.nv.st.:ffr�L:sfM�\�.;.at.' CJ 2 aiocurr11yo >cf y UNITED STATES FIDELI �' I� COMPANY A, t,`: UANTY - (A Stock Company) ., ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND on$tatip ► cpmpan.Y.a....Inc, r Fayetteville., We HeCkathi i1..7Ck Arkansas E s as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a == ; corporation organized and existing under the laws of the State of Maryland and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto City of f Fayetteville, Arkansas' 4 as Obligee hereinafter called Owner, in The amount of Twend, seven thousand nine [ hundred twenty-three. is Dollars ($ 271923.00 j for the payment whereof Principal and Surety bind themselves, their heirs, ?' r.,,- :, personal representatives, successors and assigns, jointly and severally, firmly by these presents. c`t Principal has by written agreement dated entered into a contract with Owner for furnishing all labor and materials for the construction :5 of chlorinator building and replacemeintaof a filter at Wilson Park ei Swimming Pool, Fayetteville, Arkansas, in accordance with plans and =; f...:; --. specifications prepared by McClelland Consulting Engineers, Inc., Fayetteville, Arkansas. , IFf4s , which contract h by reference made a part hereof, and is = hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the >. e. `a Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he :a :Th:maysuffer byreason of failure so to do and shall fullyreimburse and repay the Owner all outlayand expense P Y P which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons -� all indebtedness 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, 3 subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force la and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action f:,. or proceeding shall be brought on this bond except by the Owner after six months from the date final payment - is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years [[4; from the date on which the final payment under the Contract falls due. 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 liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being p:. hereby waived. In no event shall the aggregat4j ability of Executed on this lj day the Sure exceed the sum set out herein. , 192 -7 -.. , of jj+ 4`I _- He• a' on n do rr'.n _-_ .. .._ j` n („7 -Inc. :'; 1 Principal ti S'FAeTE "F AND GUARA 1 TY.COMPANY �;; S" Sey.0 `.:` S-cretary UNITED _ — _ x — A. P. Eason, Jr. Attorney-iri=fact /r�. 'r` ..... nom`• 7filir.: . .,ti: 1,, y\l,i/!/...:i\t. r}:.. ,v f . 4t17: ,<'--'r�, rlr,....0\J /, :. - iv ,fss:;, �i.....h nii ..,iLe... 1 r ,i ., r ...1• /2NiSet+.. `n Contract 158 (Arkan,aa) (10.57) twwIla • • CERTIFIED COPY GENERAL POWER OF ATTORNEY No 84805 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint A. P. Eason, Jr. of the City of Fayetteville , State of Arkansas its true and lawful attorney in and for the State of Arkansas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a pan of this Power of Attorney; and the said UNITED STATES FIDELITYAND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said - OI e`v A. P. Eason, Jr. Qu ( CO v .p 4•11.1,✓ lawf if doin the premises by virtue of these presents. jit— _i (uta) • uo JJJvdni00 A.LNVEVf10 QNV I..LPI30Id SILVIS O31I14I1 aq7 30 iter 241 pull pueq Lm lac manual aunt I 'foe:egdl Luotupn j u; ivuaam pies 3o aatnmm am m papmou 51 pump alogr aq1 put 'mpg/mu Fes 3o Ado.) pauoa may anal a o< fuiofuo; aq7 191 pus'uasud MIA =maim Io pnog era 3o mn:onb t Sups= gaPl it 'rag 'Llnf ;o Lep TM aq7 uo 'uompug 3o AO atp m LuvdmoD aq1 30 ammo atp n pfaq pun pallea kap •Lntdmy Pin 30 uopalla 3o Pnog a p 3o fnaam snafus 11 pa7dope uo3mlona a 3o aounund ut vastf nr Lan:OUV 30 nrod Pus nip L3pno saran; op I pay -1aapa put ao:o; gnI a1 jps n pm pallosu uaeg:aeau nq Lauoue;o =mod ga3gr'g1:o3 sat upngl n spuoq alp of urtq 'ramrod= put Pura -toque sesue)I.L7 'ajnTA03;adeg 30 ear suoses •a •Li 01 LusdmoD pin Lq oast Lamm 30 nrad Ieu!2p0 am 3o Ado* puma put anu •gu; ■ n fmofuo; aq1 nip Llano Lquaq op 'AtiNcip Oo A.LNVlIV(1O QNV /UI'I30Li S3.LV,LS O3.LINp 0q1 30 LnllaaaS mnsosV as' aat2ug 'I3 PESBQ 'f •avltr ag130 maga ;o amnea er1 al famine :o 'fuoleuapun :0 •uopelndps 'uopfggo •aavenufoau 'puoq govt hut ut 10; papuosd aq bur remit =crap= Lm 10 Sapphan ;o Sapp lou 10 Bump aq7 :0; pauop3Puoa •:asaonagr tapped= fp putt Lgs at 'nutmegs' vopr:tasf:o m =pawn' :agmo n 41/11dpunm 'uuaim 'aaq;o 'Lpoq •uopuodsoa 'nosud :0 uouad [ve :03 JO Lq '3o uopaato:d :o Allmon aq7 :o; pap:0aa::0 Pai4 'pndaan 'puapun 'uaep Tarin 'apem •palnana aq of pauposad m pannbu 'parous aq 'atiraag;o :o Iffitoiunm tram ':aowo :0 alp 'nopex3nefro 'Lpoq Inn Las 3e ua1J:agp :o aapat:d '11m07na 'uapao •suopetnfaa 'talna alp Lq r0 'puel'pvno;ra3,j ;o [11010D 91 30 10 rpevsD ;o comma art 3o ta0mso:d aq7 3o 10 aWns W71uf1 91 jo Inmiva•I 10 ams Lm 30 m souls panufl 91 ;o ainieiS Mrs Lq :0 hsuua po :o pdppmm 'Aug Lq Lem 10 an pram hate am 30 :aqua 10 amp= atp m fmgiLvv :o s2uppuapun •nopetndps •noptfggo toumvfoau 'spvoq pi pus Aug 30 nopipuoo am aalvusnf put amaaxa m quay 10 mall m 'pe;-m-.Lawons 10 Lavzouv ni n pull eau qi ui 'asry pm 'paroge rq Lq :o 'tfutpaaaord 10 nOpas ga u; pauim+ad 10 pamiba: 'afuoleuapvn pve spuoq fupnuune m fupnama put tangod auemtui vert amp nasnnoa 3o nouvrmopad atp Iutanuuenf 'Jura ausud :o aggnd ;0 sumpsod fuip;oq =mud 3o Llgapg aq7 fmaaluutnf maul •uoo its pull Lot nasgap pull mama o7 '7ae nt n pun amen in! m •Luedmno piss 3o nuns :o loafs :o 'pea-ui•t[auons :o Imams n monad 10 uouad Mrs =toddy o7 'Jeal atuod:oo nt npn 'tapnanas unman nt ;o ono ro Ammon rg qua nolnunlnoo vt tmapiaud -amu t n; 3o nano r0 1uapiard nt :arodma OUT axuogtn tap Lgalaq 7t Pn• 'op Luedmo3 tpj 7gg7 'pnpon33 R rq '0:o/nr14 •pvsIpvvo;raN ;o LuoM u! ant epen3 3o uou!moq 92 ;0 aontsosd 91 m pull anus Pa1^'f1 91 3o su01!nal eq1 v1 pin 'Pu4Ln31I 092 n1110 a1fS uc amu nt ut POO 11 :o; tat os Mpoglne pus nrod g73M sLaumlle OUP nuat rapids Luvdmop aryl 1681 snutnq )a unloving maga 97 a03 Lrenaaan n 11 'soa:aVM wwyz NOLLI11OS311 40 Ad03 HUD -427/14 (2-66) U.S. Department of Housing and Urban Development CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, James McCord the duly authorized and acting legal representative of the City of Fayetteville, Arkansas 72701 do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authorityto execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements consti- tute valid and legally binding obligations upon the parties executing the same In accordance with terms, conditions and provisions thereof. Date: HUD -Warn.. D. C. HUD -'1238 -CD -1 •(6-66) U.S. DEPARTMENT OF HOUSING ANC UPBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certificotion is required pursuant to Executive Order 11246 (30 F. R..12319.25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors, shall state as an initial part of the bid or negotiations of the contract whether it has partici- pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certificotion indicates that the bidder hos not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. • Bidder's Name: Address: CERTIFICATION BY BIDDER Heckathorn Construction Company 2401 North Gregg Fayetteville, Arkansas 72701 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes 01 No E 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes 54. No 3. Bidder has filed all compliance reports due under applicable instructions, including SF -100. Yes Se31 No MI None Required [j 4. If answer to item 3 is " No," please explain in detail on reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. hieCta 71470e-.4 (Ons/ ci6n Le7inPG7 Al% 2-177O- NAME LireNAME AND TITLE OF SIGNER (PLEAS( TYPE] col Len-frrytelizji SIGNATURE Previous Editions Obsolete April 12, 1977 DATE GPO 8694313 .S. DEPARTMENT OP NUU1ING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate NeeipienI): City of Fayetteville , Fayetteville, AR c/o I. The undersigned, having executed • contract with Arkansas DATE April 28, 1977 B 75 MC -05 -(doth PROJECT NANC Filter Replacement City of Fayetteville for the construction of the above -identified project, acknowledges that; (a) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any Infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; I. Ha sanitise that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an • ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of he Regulations of the Secretary of labor, Part 5 (29 CFR, Yon 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 O.S.C. 276u -2(o/), OH No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub- contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial internal is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten dayc after the execution of anysubcontract, Including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. !. H• certifies that: (o) The legal name and the business address of the undersigned are: Heckathorn Construction Company, Inc. 2401 North Gregg, Fayetteville, AR (b) The undersigned is: 111 A SINGL E PROPRIETORSHIP ❑1. A CORPORATIONORGANIZED IN THE ST ATE OF Arkansas 131 A PARTNERSHIP 141 01 HER ORGAIu: ATION (Dcsnibel (c) The name, title and address of th• owner, partners or officers of the undersigned are: NAME TITLE ADDRESS adi ?"nn/cull ore pf-4/ Ste del a .i net ijeck-4 Terrern fft"4e See teeAt— /herg5tsar HUD -1421.16-751 : (d) The names and eddiester, of oil ether pusuns, both natural and corporate, having o sups l antiul interest in the undersigned, and the nature of the interest are If non:. ,,, .ev.'l:: a substantial interest ore fIf non., set suite): NAME A OOR E SS an or stgnca has TRADE CLA 5SIFICATION ONE • Date _April 28. 1977 By Heckathorn Construction Company, Inc. (Cwtt,ariorl WARNING U.8. Crimin.l Code, Section 1010. Title 18, U.S.C., provides in part: ,'Whoever makes. posses, utters or pubiishen any statement, knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both." Ono ...-CM te ADDRESS N Al UAE OF INTENEST . /t /,A )/NNA•ME j&II / (e) The names. oddresses end trade eln.ahenfinn. .,r .0 .d._. k... u:...__.,. ... :__ "-...... _ ... 1.. .. a substantial interest ore fIf non., set suite): NAME A OOR E SS an or stgnca has TRADE CLA 5SIFICATION ONE • Date _April 28. 1977 By Heckathorn Construction Company, Inc. (Cwtt,ariorl WARNING U.8. Crimin.l Code, Section 1010. Title 18, U.S.C., provides in part: ,'Whoever makes. posses, utters or pubiishen any statement, knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both." Ono ...-CM te FORM APPROVED BUDGET BUREAU NO. 63.R1138 HUDd23$.cD-2 (2-671 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Heckathorn Construction Company. Inc. B -75 -MC -05-0001 NAME OF PRIME CONTRACTOR INSTRUCTIONS P.ROJECT NO. This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulotions provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub- contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor hos not filed a compliance report due under applicable in- structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub- contract or permits work to begin under the subcontract. Subcontractor's Name: Address: SUBCONTRACTOR'S CERTIFICATION Shenandoah Electric Company 535 West Sixth Fayetteville, Arkansas 72701 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes C7 No 11. 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes try No 3. Bidder has filed all compliance reports due under applicable instructions, including SF -100. Yes No is None Required • 4. If answer to item 3 is "No," pleose explain in detail on reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. Cecil F. England, Owner 1 NAME AND TITLE OF SIGNER (Please Type) 215784P (SIGNATURE DATE April 20, 1977 Previous Editions Obsolete HUD -Wash., D. C. 0 • U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM • SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (.Kppropriou Reeipien r): City of Fayetteville, Fayetteville, AR C)U 1. The undersigned, having executed • contract with. FayettavillP. Arkansas for DATE April 28, 1977 PROJECT HUuaER Massy) B -75 -MC -05-0001 PROJECT NAME filter Replacement Heckathorn Construction Company, Inc (La MI our or SrbconR four/ In the amount of S in the construction of the above -identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership or association in which he has • substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Puri 5), or pursuant to Section 3(a) of the Davis• Baton Act, es amended (10 U.S.C. 776a-2(0), (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, • Subcontractor's Certification Concerning Labor Standards and_13.evoiling Wage Reguile- tn.er‘yk executed by the lower tier subcontractor, in duplicate. fe) The workmen will report for duly on or about 3. Na cartifi.s shah (Dale/ ja) The legal name and the business addrest of the undersigned aro, Shenandoah Electric Company 535 West Sixth Fayetteville, AR 72701 (b) The undersigned is: 111 A SINGLE PROPRIETORSHIP: Single Proprietorship IV A PARTNERSHIP: 131 A CORPORATION ORGAHIT EO IN THE STATE OR 141 OTHER ORGANISATION (Deeeribel (e) The name, line and address of the owns, partners or olli rens of the undersign d are: NAME TITLE • ADDRESS NONE HUD -1127 16-73) (d) The names and addresses of all other person:, bath natural and corporate, haying o substantial Interest in the undersigned, and the nature ol'theinlmesl are!/(,m,,, so s lair!: 4 NAME ADDRESS NATURE OF INTEREST NONE (e) The names, addresses and trade clossili oliont of all other building construction contractors in which the undersigned has a substantial Interest are (If none, so u.r e): NAME ADDRESS TRADE CLASSIFICATION NONE Shenandoah Electric Company (Sa bran ua rno.) By 9ne.(L.A.YA. ($iJature) WARNING Coril F England, Owner (Typed .Name and Titre) 'V.E. Comin.I Code, Section 1010, Title 18, U.S.C., provides In pest "Whets r metes. p.s.es, utters, or publishes eny st.ument, knowing Ole same to be Islee .hell be fined not more then 15.000 or Imprisoned not more then two years, or both." GPO 155.444 • • RESOLUTION NO 7G-16 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK. TO EXECUTE A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS,' INC. FOR THE REPLACEMENT. OF THE SWIMMING POOL FILTER AT WILSON 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 McClelland Consulting Engineers, Inc. for the replacement of the swimming pool filter at Wilson Park. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS Al DAY OF 0 , 1976. APPROVED: /) p�u Bim./ C/. MAYOR ATTEST; CITY CLERK • AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this 19 %%, by and between CITY OF referred to as the OWNER, and • c23.4 -4L day ofDele FAYETTEVILLE, ARKANSAS, hereinafter McCLELLAND CONSULTING ENGINEERS; INC., Fayetteville, Arkansas, hereinafter referred to as to ENGINEER: The OWNER desires to install new filters, piping, valves, chlorination room and chlorination equipment for the swimming pool at Wilson Park, City of Fayetteville, State of Arkansas, and the ENGINEER agrees Washington County, to perform the pro- fessional engineering services required for same. .The work will consist of engineering services and coordination to perform design required, and prepare plans and specifications for con- struction. Specific tasks are shown in Section A, following. WITNESSETH: That for and in consideration of the mutual covenants and agree- ments between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: 1. The ENGINEER will conduct preliminary investi- gations to determine project requirements. • • • • The ENGINEER will prepare detailed plans, specifications and cost estimate, and will obtain approval of said Plans and Specifications from appropriate state agencies. 3. The ENGINEER will attend conferences with the OWNER and other interested parties. 4. Prior to the advertisement for bids, the ENGINEER will provide not to exceed ten (10) copies of detailed plans, specifications, and contract documents for approval and use by the OWNER. The cost of not to exceed ten (10) copies of such plans, specifications, and contract doc- uments shall be included in the basic compensation paid to the ENGINEER. 5. The ENGINEER will furnish additional copies of plans, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge for the actual cost of such copies. Original documents, tracings, and the like, except previously owned by the ENGINEER, are and shall remain the property of the OWNER. 6. The plans prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements at the site, and shall be sufficient for the bidders to formulate intelligent bids and sufficent for con- struction of every detail of the project. - 2 • The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for con- struction. 8. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. 9 The ENGINEER will interpret the intent of the plans and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEERS will not, however, guarantee the performance by any contractor. 10. The ENGINEER will provide general construction obser- vation of the work of the contractors as construction progresses. 11. The ENGINEER will review and approve estimates for progress and final payments. 12. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 13. The ENGINEER will provide the OWNER with two sets of "AS -BUILT" prints at no additional cost to the OWNER. 14. The ENGINEER will be available to furnish engineering service and consultations necessary to correct all un- foreseen project operating difficulties for a period of one year after the date of final inspection and acceptance of the facility by the OWNER. / • • 15. The ENGINEER further agrees to obtain and maintain at the ENGINEER'S expense, such insurance as will protect him and the OWNER from claims under the Workman's Compensation Act and from all claims for bodily injury, death, or property damage which may arise from the negligent performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S functions and services re- quired under this Agreement, such insurance being that normally covered by General Liability and Public Liabil- ity/Property Damage/Bodily Injury insurance. 16. The ENGINEER will commence the work immediately upon execution of this contract, and will have Plans and Specifications, completed, ready for advertising and receiving bids, within thirty (30) calendar days there- from. SECTION B - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for engineering services based upon the following schedule: DETAILED PLANNING & DESIGN: A sum equal to three thousand dollars ($3,000.00) for the services described in Section A, paragraphs 1 - 7 inclusive. This amount shall be due and payable upon completion, presentation to and acceptance by the OWNER and ap- proval by state agencies of the Detailed Plans and Specifications. GENERAL CONSTRUCTION OBSERVATION: The sum of one thousand dollars. ($1,000.00) for the performance under Section A, paragraphs 8 - 14, - 4 • inclusive. This amount shall be payable in monthly install- ments, based upon the monthly estimate prepared to pay the con- struction contractors, the final incremental amount being payable upon completion and final acceptance of the construction work. The compensations stated above shall be the maximum to be paid the ENGINEER for the basic scope of services defined under Section A, paragraphs 1 - 16, inclusive, herein. In the event the OWNER decreasesthe scope of work, such decrease being ordered prior to the performance of the services by the ENGINEER, the compensation to be paid the ENGINEER shall be determined by unit prices and hourly rates delineated in Section C, herein. OVERTIt4E ENGINEERING: The construction contract will contain a completion time expressed in calendar days. Should the con- struction require additional time and result in a requirement for additional services, payment for these services shall be made in accordance with the methods and schedules given in Section C. SECTION C - ADDITIONAL OR DECREASED ENGINEERING SERVICES The OWNER may wish to increase the engineering services herein to include those needed for additional construction work, over- time engineering, or any services not specifically included in the scope of this contract. In such event, it is mutually agreed that compensation for such additional services shall not exceed two thousand dollars ($2,000.00), and the actual amount to be paid shall be determined by the following hourly or unit price schedule, as applicable: - 5 • • ENGINEERING: Principal or Officer of Firm Project Engineer Engineering Aide DRAFTSMAN: OFFICE PERSONNEL: $35.00/hour $30.00/hour $20.00/hour $10.00/hour. Secretarial/Clerical $10.00/hour In the event the OWNER requires additional services of the ENGINEER, for which the total compensation shall exceed the maxi- mum herein stated for additional services, the OWNER and the ENGINEER shall enter into a new contract to provide for the per- formance of the services and compensation therefor. SECTION D - TERMINATION 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 thereof, 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, based on the hourly and/or daily 6 r . y . rates stipulated or other costs as allowed 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. TERMINATION FOR CONVENIENCE OF THE 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 pro- vided herein, the ENGINEER will receive instant equitable compen- sation based on the hourly and/or daily rates stipulated or other costs as allowed under this contract less payments of compensation previously made provided, however, that if less than sixty percent of the services covered by the contract have been performed upon the effective date of such termination, the ENGINEER shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this contract) incurred by the ENGINEER during the contract period which are directly attributable to the uncompleted portion of the services covered by this contract. TERMINATION FOR OBSOLESCENCE: In the event the OWNER is unable to secure funds for the construction of the project described herein, this contract shall automatically terminate one year from the date of execution. - 7 - r SECTION E - ACCESS TO RECORDS It is further agreed that the OWNER, the 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 which are directly pertinent to the work hereunder, for the purpose of making audit, examination, excerpts and/or tran- scriptions. SECTION F - EMPLOYEES AND APPLICANTS PERSONNEL: 1. The ENGINEER represents that he has, or will secure all personnel required in performing the services under this contract. Such personnel shall not be em- ployees of or have any contractural relationship with the OWNER. 2. All the services required hereunder will be performed by the ENGINEER 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 correct- ional institution shall be employed on work under this contract. - 8 - k EQUAL OPPORTUNITY: During the performance of this contract, the ENGINEER agrees as follows: 1. The ENGINEER shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The ENGINEER shall take affirmative action to ensure that applicants for employment 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 recruit- ment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for train- ing, including apprenticeship. 2. The ENGINEER shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer setting forth the pro - Visions of this nondiscrimination clause. The ENGINEER shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The ENGINEER shall incorporate foregoing requirements in all subcontracts. - 9 - "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES: During the performance on this con- tract, the ENGINEER agrees as follows: 1. The ENGINEER agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 170(u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135,. and any applicable rules and orders of HUD issued thereunder. 2. The "Section 3 clause" set forth in 24 CFR 135.20(b) shall form part of this contract, as set forth in para- graph 1 of the General Conditions, "Contract and Contract Documents" 3. The ENGINEER shall incorporate the "Section.3 clause" shown below and the foregoing requirements in all sub- contracts. SECTION 3 CLAUSE AS SET FORTH IN 24 CFR 135.20(b) A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u, Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for r - 10 - work in connection with the project to be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the pro- visions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20(b), and all ap- plicable rules and orders of the Department issued there- under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractural or other disability which would prevent them from complying with these requirements. C. The ENGINEER will send to each labor organization or representatives of workers with which he has a collective bargaining agreement or other contract or understanding if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The ENGINEER will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action f. ? - . - l pursuant to the subcontract upon a finding that the subcontract is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20(b). The ENGINEER will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations. under 24 CFR 135.20(b) and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regu- lations set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assis- tance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipients, itscontractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreeement or contract through which Federal assistance is provided, and to such sanctions as are specified b:• 24 CFR 135.20(b). No further compensation shall be due the ENGINEER under this Agreement. - 12 - • Ti SECTION G - MISCELLANEOUS 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, shall be incorporated in written amend- ments to this contract. COMPLIANCE WITH LOCAL LAWS: The ENGINEER shall comply with all applicable laws, ordinances, and codes of the state. and. local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. 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 to 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. This Agreement shall inure to the benefits of and be binding upon the legal representative and successors of the parties re- spectively and shall become effective upon execution. I - 13 - U !. 9i IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized representatives, this AGREEMENT in duplicate on the date heretofore stated. 4/1 4 (SEAL) ,ATTEST: Byl.r.t, Type Name F. Ervan Wimberly Title Vice President (SEAL) Type Name_____________________ Title yle McCLELLAND CONSULTING ENNGINEERS,INC. .1 T Name J. E, McClelland Title President CITY OF FAYETTEVILE VI4By a,4e 7, L/ Type Name Title /4CL.G�p r r - 14 - fl S aacsl CONTRACT • TN1$ AGREEMENT,.made this day of , 19i2L, by and between__ City of Fayetteville Arkansas herein called'Owner,"acting (Corporate Name of Own sr) berein through its Mayor ,and.. (ytneo/artonaedom Ms, - - Oieckathorn Construction Company BIKE OUT (a corporation) LNAPPLICABLE Qlth�t*KMs TERMS at _Fayetteville County of Washington •,and Stott 01 Arkansas hereinafter called "Contrador. . tfiTNESSETH: That for and in consideration -of the payments and agreements hereinafter -mentioned, to be made and performed by the OWN£R,.the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: Girl's Softball Field, including night lighting, fencing, bleachers and.. dugouts at Asbell Park, and night lighting at existing men's softball • field, Lake Fayetteville, all within Fayetteville, Arkansas. hereinafter called the project, for the eurn of!hi rty-six thousand five hundred si xty-seven, fkdlan (S 35,577. 0 and all extra work in connection therewith, under the terms as stated in the General and Special Con- ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplir,. machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necesar to rutn- plete the said project in accordance with the conditions and prices stated in the Proposal, the General Condition,. Sup. plementaf General Conditions and Special Conditions of the Contract, the plans, which include all maps, plan, blur prints, and other draw'inas and rinttd or written explanatory matter thereof, the specifications and contract documents therefor as prepared byttcCleuland Consulting Engineers.Inc. ,herein entitled the . X1Yi6XX'Enrinrcr, and as enumerated in Paragraph I of the Supplemental General Conditions, all of which are made a part hereof and. vol' lectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written' Notice to Proceed" of the Owner and to fully complete the' project within 90 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 75 , 00 for each constcu- tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract,,and to makc payments,on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. DATE��, (Ovr) - WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) countetparl3, each of w1iich shall be deemed an original, in the year and day first above mentioned. 1 • (Seal) ATTEST: sere fury) '-- n :lLt� /I.ff City of Fayetteville fOwngtJ By Mayor (Title) )leckathorn Construction Company (Connacr/- By ` off— cu Vice President mtci 2401 N. Gregg Ste Fayetteville, Arkansas 72701 (Adi,.a and Zip Cod.) NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. HUD -4238-F (666) - GPO e69-380 ... X'tlt FJ i, 14. •,• 17 n% HUb�238-F (868) CONTRACT THIS AGREEMENT, made thisOLL2' day of �w_�ii -'� 19 7- ,by and between. City of Fayetteville, Arkansas herein called "Owner," acting (Corporate Name of Owner) herein through its (7Ytle ofAuthorleed Official) JI KIKL UUT (a corporation) XX'NMXo XaIM INAPPLICABLE X44t(tX)dEkK#L�kQ4ii(�(H(YrYYr1S�(X TERMS ,and: of Fayetteville , County of_ Washington , and State of. Arkansas hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: Renovation of four tennis courts, including net posts and anchors, sealer surface and playing lines and fencing, Wilson Park, Fayetteville, Arkansas hereinafter called the project, for the.sum of Twenty—two thousand one hundred sixteen and 50/100 _ Dollars ($22,116. 5 and all extra work in connection therewith, under the terms as stated in the General and Special Con- ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to com- plete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Sup- plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, bloc prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by McClelland Consulting Engineers, Inc herein entitled the tXxx)ixx/F:uuinrer, and as enumerated in Paragraph I of the Supplemental General Conditions, all of which are made a part hereof and col- lectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written"Notice to Proceed" of the Owner and to fully complete the project within 90 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 7775.00 for earl, consecu- tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. OF1 'T,V% OA .yV� (Over) pEE�/ 4 4 1. A 4F IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. (mil) ATTEST: ■ (Witness) (Seal) City of Fayetteville (Owner) Mayor (Title) McClinton -Anchor Company (Contractor) fv/ . (711Th Z'- 7' A ddra se end Z/y Co NOTE: Secretary or the Owner should attest, If Contractor is a corporation, Secretary -should attest. HUD -4238-F (6.66) GPO a69 -]1a - I � � 1 YY • " ARKANSAS STATUTORY PERFORMANCE-& PAYMENT BOND We, ___ - - MCCLINTON-ANCHOR COMPANY "1Lcipal, hereinafter called Principal, and INSURANCE_COMPANY OF NORTH AMERICA , as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FAVFTTF.VTTiF,ARKANSAS as Obligee, hereinafter called Owner, in the amount of TWENTY-TWO THOUSAND ONE HUNDRED SIXTEEN AND 50/100------_ Dollars (S22,116.50 ), for the payment whereof Princip::l and Surety hind themselves, their, heirs, personal representatives, successors and assigns, jointly and severally. firmly by these presents" Principal has by written agreement dated entered into a contract with Owner for RENOVATION OF FOUR TENNIS COURTS, INCLUDING NET POSTS AND ANCHORS, SEALER SURFACE AND PLAYING LINES AND FENCING, WILSON PARK, FAYETTEVILLE, ARKANSAS which contract is by reference made a part hereof, and is hereinafter refer- 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 shalt 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 ihis 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 proceedi:g shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. 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. Executed on this __/Ln _ clay of X61_ 19 - THIS BOND IS GIVEN MCCLINT0N-ANCHOR COMPANY _ IN COMPLIANCE WITH riicP 1 ACT 351 OF 1953 AS AMENDED. By COMPANX, OF B Y _La—i Attorney -in Ja,C East, Jr. - , ct V 0 CA X • • .. POWER OF ATTORNEY INK INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA. Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors -of the said Company on May 28, 1975, to wit: "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice -President and the seal of the Company maybe affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9, 1953." does hereby nominate, constitute and appoint JACK EAST, JACK EAST, JR. , JAMES E. DANIEL, DONALD R. HENDERSON and JUDY FRANKS, all of Little Rock, Arkansas , each individually if there be more than one named, its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said .................C...DANIELJRAKE ---------------------------------, Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this...........lst..---- ........................ day of ........Jul9. --------------------------------192.6............ (SEAL) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA } ss On this ..._.-......1st...... . day of .....__July ............._.........., A. D. 19...76........., before me, a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came................................................ --.......-........._..................._..-- ....Cx---D"MEL.J RAKE...........____............_......... Vice -President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia, the day and year first above written. INSURANCE COMPANY OF NORTH AMERICA by........................c ...DANIEL..DRAKE_.......-- .................. Vice -President MIFN o ��= ne^ Notary Public. 9 commission expires August 13, 1979 ,.x;;.. y\h'� undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do r -by certify that al) FOWER OF ATTORNEY, of which the foregoing is a full, true and correct c6py,is in. full force and effect. tness whereof, I have hereunto subscribed my name as Assistant Secretary,,and,affi a hecorporate seal mration, this....-----_......----.......----.....--- day of ................--......_. ---- -......;] .......... ..........._... r�F- F(?f `'.................... ..._....... sue \ 'Assistantse retary SB-IC 7/75 Printed In U.S.A. - .. INSURANCE COMPANY OF NORTH AMERICA ^ AND PACIFIC EMPLOYERS GROUP OF INSURANCE COMPANIES CERTIFICATE OF INSURANCE (This Certificate. of Insurance neither affirmatively nor negatively amends, extends or alters the. coverage, limits, terms or conditions of the policies it certificates.( ffiiis is to Qlatifg to I 7 City of Fayetteville Fayetteville, Arkansas 72701 COMPANY CODES © ALLIED INSURANCE CO. © PACIFIC EMPLOYERS INDEMNITY CO. i] PACIFIC EMPLOYERS INSURANCE CO. L ® INSURANCE COMPANY OF NORTH AMERICA that the following described policy or. policies, issued by The Company as coded below, providing insurance only for hazards checked by "X" below, hove been issued to: Name and Address of Insured— McClinton Anchor Company, Box 1367, Fayetteville, Ark. 72701 covering in accordance with the terms thereof, at the following location(s): TYPE OF POLICY HAZARDS CO. CODE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY (a) Standard Workmen's 12-1-76/77 & Renewals Statutory W. C. Compensation & ® ❑9 RSC-C 1008417 thereof to $ 500 000. One Accident and Employers' Liability 12-1-79 ' Aggregate Disease (b) General Liability Premises—Operations ® ® $ Each Person Contracts" as defined below) LAB 2 52 13 D Elevators ® a .12-1-76/77 & Renewals (❑ ) Accident $1,000,000�'ch t Independent Contractors ® M thereof to t® Occurrence m Completed Operations/Products ® ® GAL 35 28 37 12-1-79 Contractual, (Specific type as de- footnote below) ® ® E A r te—Com feted 2 000 000 gg �' p ' Operations/Products scribed in — — — Premises - Operations, (Including S ❑ Accident "Incidental Contracts" as defined below) LAB 2 52 13 12-1-76/77 S Each �❑O Occurrence 1,000,000. E © ® & Renewals o Elevators 2 GAL 35 28 37 thereof to E Aggregate Prem./Oper. Independent Contractors © ® 12-1-79 s2,000,000A9gregate�rotective 2 000 000 ° ' Completed Operations/Products ® 0 $ Aggregate�ompleted 2,000,000• Operations/Products Contractual, (Specific type as de- scribed in footnote below) ® I 2,000,000Aggregite--Contractual (c) Automobile Liability Owned Automobiles OX LAB 2 52 13 12-1-76/77 $ Each Person & Renewal's oc Hired Automobiles c LX!thereof GAL 35 28 37 to ❑ Accident $1';ach )® 000 000 Non -owned Automobiles ® 12=1-79 Occurrence 1 '_ ( __© Owned Automobiles ® ® LAB 2 52 13 12-1-76/77 __ ___ ❑ Accident xE Hired , Automobiles ® ® & Renewals S1,000,000Each © occurrence } "° thereof to Non -owned Automobiles ixi GAL 35 28 37 12-1-79 (d) _____ _____________ _____________ Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability.coverage is provided as respects O a contract / 0 purchase order agreements / IN all contracts (check applicable blocks) between the Insured and: Name of Other Party: Dated (if applicable): I Contract No. (if any): Description (or Job):Renovation of four tennis courts Definitions: "Incidental contract" means any written (1) lease of premises (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance a ment. It is the intention of the company that in the event of cancelation of the policy or policies by the company, i61U(XI() days' written notice of such Thirty (30) cancelation will be given to you at the address stated above. LC—IS89a 144 PRINTED IN U.S.A. 1. ORIGINAL