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HomeMy WebLinkAbout110-80 RESOLUTION• • • S • • 4 RESOLUTION NO. /40-h) A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MCGOODWIN, WILLIAMS AND YATES, INC. FOR ENGINEERING AND ADMINISTRATIVE SERVICES NECESSARY TO CONSTRUCT FACILITIES TO FLUORIDATE THE FAYETTEVILLE WATER SUPPLY. BE IT RESOLVED BY THE BOARD OF DIRECTORS. OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with'McGoodwin, Williams and Yates, Inc. for engineering and administrative services necessary to construct facilities to fluoridate the Fayetteville Water Supply. A copy of said agreement is attached hereto, marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this Qjp)- day of 4Leu,(0A , 1980. ATTEST: CITY CLERK APPROVED: MICROFILMED CERTIFICATE OF RECORD State of Arkansas City of Fayetteville ( ss Vivian Koettel, City Clerk and E, -Officio corder for the City of Fayetteville, do here, certify that the acne: cJ or foregoing is of record in my office and the sane ap- pears in Ordinance & Resolution Sooi: at page-- Witness my hand and seal this ,l-aki day of , 19 City Clerk and Es -Officio Recorder 0. T. WILLIAMS. JR. L. CARL YATES • MCGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE. ARKANSAS October 13, 1980 Re: Water Fluoridation Project Fayetteville, Arkansas Project No. BWD-8 Mr. Donald R. Bunn City Engineer Post Office Drawer F Fayetteville, AR 72701 Dear Mr. Bunn: T 909 ROLLING HILLS DRIVE FAYETTEVILLE. ARK. 72701 TELEPHONE 443-3404 We have received approval from the Arkansas Department of Health on the plans for fluoride storage and feeding equipment to serve the city of Fayetteville, said equipment to be located at and operated by Beaver Water District. These plans received many revisions prior to final approval. Therefore, we are revising the original cost estimate as follows: Item Description and Unit Price 1. 275 Tons 2. 80 Tons 3. Lump Sum 4. 230 Tons 5. 45 C.Y. 6. 6,000 Lbs. 7. 250 C.Y. 8. 2,350 S.Y. 9 Lump Sum Base @.$12.00 Asphaltic Concrete @ $35.00 Fluoride Feed Building (less equipment) Rock for Bedding @ $10.00 Class A Concrete @ $200.00 Reinforcing Steel @ $0.50 Topsoil for Yard Repair @ $10.00 Grass Replacement @ $1.00 Storage Tanks, Feed Equipment Electrical, Etc. Subtotal - Construction Cost Construction Contingencies Engineering Services Total Estimated Project Cost Amount $ 3,300.00 2,800.00 15,640.00 2,300.00 9,000.00 3,000.00 2,500.00 2,350.00 80,564.00 $121,454.00 12,546.00 35,000.00 $169,000.00 'Mr. Donald R. Bunn October 13, 1980 Page 2 After having talked with Dick Starr, we believe that we can advertise for construction bids on this project immediately upon receiving such authori- zation from the Fayetteville Board of Directors. Please advise us as to the selected bid date, and we will be ready to proceed. If you have any question regarding the revised cost estimate set out above, do not hesitate to let us know. OTW:hk Very trudyours, iam AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, entered into this 4*, day of Aouyyydjy.J 1980, by and between the City of Fayetteville, Arkansas, hereinafter referred to as the "City," and the engineering firm of.McGoodwin, Williams and Yates, Inc., of Fayetteville, Arkansas, hereinafter referred to as the "Engineer;" • WITNESSETH THAT: WHEREAS, on November 7, 1978, the citizens of Fayetteville approved the fluoridation of the City's water supply; and WHEREAS, it subsequently appeared that grant funds from the Center for Disease Control, Federal Department of Health and Human Services, might be made available to assist the City in the installation of the necessaryfacilities; and WHEREAS, the Engineer was authorized to work with -the Center for Disease Control, the Arkansas Department of Healthand the Beaver Water District in planning the necessary facilities installation and in filing the necessary applications forgrant assistance; and WHEREAS, the Engineer has provided engineering and administrative services and has developed preliminary plans and construction plans and specifications for the necessary installation on Beaver Water District's property; and WHEREAS, on May 29, 1980, the Arkansas Department of Health formally advised thatgrant assistance would be made available to the City; and WHEREAS, it is desirable to enter into a formal agreement for the provision of engineering services; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the Engineer, the parties hereto, stipulate and agree as follows: Section I. Scope of the Project The work covered by this agreement includes the necessary engineering and administrative services to plan and construct the facilities required to enable Beaver Water District to fluoridate the City's water supply. Section II. Scope of Engineering Services The Engineer shall provide at his own expense a suitable engineering staff to perform preliminary engineering studies, to conduct the necessary field surveys, to perform detailed design and prepare plans and specifications, and to furnish engineering surveillance and inspection during construction of the project. The engineering staff shall consist of engineers, inspectors and other assistants as may be necessary to carry on the engineering work in an efficient and expeditious manner. Based upon the preliminary engineering studies set out above, and upon approval of project financing and authorization by the City, the Engineer will provide the following services. • • 1. Perform the necessary field surveys required to design the project and prepare construction plans and specifications. 2. Prepare final design for the project. 3. Prepare detailed construction specifications and contract drawings. 4. Prepare detailed cost estimates of the authorized construction. The Engineer shall not be required to guarantee that these estimates will not be exceeded by the bids received for the work. 5 Establish the scope of any soil investigations, special surveys or testing which, in his opinion, may be required for design and arrange with the City the conduct of such investigations and tests (cost of such tests to be borne by the City). 6. Furnish to the City, where required by the circumstances of the assignment,the engineering data necessary for applications for routine permits and approvals by local, state and federal authorities. 7. Furnish to the City all necessary copies of approved plans, specifi- cations, notices to bidders and proposal forms. 8. Assist the City in the opening and tabulation of bids for construction of the project and consult with the City as to the proper action to be taken, based on the engineering considerations involved. 9. Assist in the preparation of formal contract documents. 10. Furnish professional engineers to make periodic visits to the site (as distinguished from the continuous services of a resident Project Representative) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of the contractor; but he cannot guarantee the performance of the contractor, nor be responsible for the actual supervision of construction operations or for the safety measures that the contractor takes or should take. 11. Furnish the services of resident Project Representatives and other field personnel for continuous on -the -site observation of construction and for the performance of required construction layout surveys. The • authority and duties of such resident Project Representatives are limited to examining the material furnished and observing the work done and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the Engineer will use diligence to see that the Project Representatives are on the job to performtheir required duties It is agreed, however,that the Engineer does not underwrite, guarantee, or insure the work done by the contractor; and, since it is the contractor's - 2 - • primary responsibility to perform thework in accordance with the contract documents, the Engineer is not primarily responsible nor primarily liable for the contractor's failure to do so. Failure by any Project Representative or other personnel engaged in on -the -site observation to discover defects or deficiencies in the work of the contractor shall not relieve the contractor of primary liability therefor. 12. Consult and advise with the City; issue all instructions to the contractor requested by the City; and prepare routine change orders as required. 13. Review samples, catalog data, schedules; shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor submits. This review is for the benefit of the City to insure general conformance with the design concept of the project and general compliance by the contractor with the information given in the contract documents. It does not relieve the contractor of any responsibility such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect workers and the public, or the necessity to construct a complete and workable facility in accordance with the contract documents. 14. Prepare and verify monthly and final estimates for payments to the contractor and furnish to the City any necessary certifications as to payments to contractors and suppliers; assemble written guarantees which are required by the contract documents. 15. Conduct, in company with the City's representative, a final inspection of the project for conformance with the design concept of the project and compliance with the contract documents and approve in writing final payment to the contractor. 16. Furnish to the City two copies of the revised contract drawings to show the work as actually constructed. - 3 Section III. Payment In consideration of the performance of the foregoing services by the Engineer, the City shall pay to the Engineer as full compensation for such services fees as hereinafter set out. Payment shall be made based on salary cost times a multiplier of 2.2. Salary cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveyors, clerks, laborers, etc., for time directly chargeable to the project, plus Social Security contributions, employ- ment compensation insurance, payroll taxes, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay. Payment shall be made monthly. Payment for engineering services under this agreement shall be made within 15 days after claim submittal and certification by the Engineer. If any of the work designed or specified is suspended for an extended period of time or abandoned as a result of orders from the City, the Engineer shall be paid for work actually completed; payment therefor .to be based insofar as possible upon the fees established herein. Section IV. Other Provisions of the Contract In connection with the project, the City's responsibilities shall include, but not be limited to, the following: Giving thorough consideration to all documents presented by the Engineer and informing the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. 2. Making provision for the employees of the Engineer to enter public and private lands as required for the Engineer to perform necessary preliminary surveys and investigations. 3. Obtaining the necessary lands, easements and rights of way for the construction of the work. The cost of all required property surveys, appraisals and abstract work shall be borne by the City. 4. Furnishing the Engineer such plans and records of construction and operation of existing facilities, or copies of same, bearing on the proposed work as may be in the possession of the City. Such documents or data will be returned to the City upon completion of the work or at the request of the City. 5. Paying the cost of making necessary soundings, borings, analyses of materials and laboratory work. 6. Paying all plan review costs and all cost of advertising in connection with the project. 7. Providing legal, accounting and insurance counseling services necessary for the project, legal review of the construction - 4 • • contract documents and such auditing services as the City or cooperating federal or state agencies may require. 8. Furnishing permits and approvals from all governmental authorities havingjurisdiction over the project and others as may be necessary for completion of the project. Obtaining construction bids from contractors for work relating to the project and bearing all costs relating thereto. 10. Giving prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the project or other event which may•substantially.alter the Engineer's performance under this agreement. Alldrawings, specifications and other work product of:the Engineer for this project are instruments of service for this project only and shall remain the propertyof the Engineer whether the project is completed or not. Reuse of any of the instruments of service of the Engineer by the City on extensions of this project or on any other project without the written permission of the Engineer shall be at the City's risk and the City agrees to defend, indemnify and hold harmless the Engineer from all claims, damages, and expenses, including attorneys' fees, arising out of such unauthorized reuse of the Engineer's instruments of service by the City or by others acting through the City. Any reuse or adaptation of the Engineer's instruments of service occurring after the written agreement of the Engineer shall entitle the Engineer to further compensation in amounts to be agreed upon by the City and the Engineer. This agreement shall be binding upon the parties hereto, their partners, heirs, successors, administrators and assigns; and neither party shall assign, sublet or transfer his interest in this agreement without the prior written consent of the other party hereto. 5 • IN WITNESS WHEREOF, the City'has caused these presents to be executed in its behalf by its duly authorized representatives, and the said Engineer by its duly authorized representatives, and the parties hereto have set their hands and seals on the date heretofore set out. Attest: .-( Vivian D. Koettel, City Clerk CITY OF FAYETTEVILLE, ARKANSAS John Todd, Mayor MCGOODWIN, WILLIAMS AND YATES, INC. 1 .1. PROPOSAL FLUORIDE FEED EQUIPMENT TO SERVE THE CITY OF FAYETTEVILLE, ARKANSAS and BEAVER WATER DISTRICT, LOWELL, ARKANSAS Arkansas'State Fluoridation Project - Grant No. H10/CCH600216-01 Plans No. BWD=8 - Dated June, 1980 Board of Directors Beaver Water District Lowell, Arkansas Board of Directors City of Fayetteville Fayetteville, Arkansas Gentlemen: The undersigned states that, as bidder, he has carefully examined the plans, profiles, specifications, maps and drawings on file in the office of the Engineer -Manager, Beaver Water Treatment Plant, Lowell, Arkansas, relative to the proposed construc- tion of Fluoride Feed Equipment to Serve the City of Fayetteville, Arkansas; that he is familiar with the same and understands each and all; has examined the location and site; that all bids are made with full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantityof the plans, work to be done, excavation, and materials required; and with full knowledge of the plans,. -profiles, specifications and estimates, and all provisions of the contract and bonds; that this Proposal is made without collusion on the part of any person, firm or corporation. He further states that he will enter into contract to con- struct said Fluoride Feed Equipment and related work in accordance with the plans and specifications, and have said work completed within one hundred eighty (180) consecutive calendar days from the effective date of the issuance of the Notice to Proceed for the following prices. Item Estimated No. Quantity Description of Item and Unit or Lump Sum Price Bid Total Amount 1. 275 Tons, SB -2 Base Material for Pavements, (Amount written in words) 2. 80 Tons, Asphaltic Concrete Surfacing, AreasM��ec`oeplet� e J n�pl�ac �a„ «-fi�roxv�is compacted in dollars( /� 8'O ) Ton (In figures) Parking and Loading $ ;37?S (In figures) dollars(47."%C )Ton 40490 5-1 r 1 1 1 1 1 1 1 1 1� 1 1 1 1 1 1 1 1 Item Estimated No. Quantity Description of Item and Unit or Lump Sum Price Bid Total Amount 3. Lump Sum Fluoride Feed Building, which shall include all excavation, concrete, reinforcing steel, SB -2 Base material, masonry, doors and hardware, heating, lighting, and all items not called for under other items of the y� a op_ for uction building, and electrical work p ►��"7',"'f"�•'' can�i dollars $ �.5, foe) 4. 230 Tons, SB -2 Base Material for. Bedding and Repair of Trenches under Existing Pavement, complete in place dollars(%%OO )Ton 32*a 5. 45 Cubic Yards, Class A Concrete, in place 4 4 dollars(if0. )C.Y. 67s'C 6,000 Pounds, Reinforcing Steel, in place dollarsejQ.lt )Lbs. 4i4200 7. 250 Cubic Yards, Topsoil for Plant Yard Repair, in place dollars( 704/ )C.Y. Zo/2. 8. 2,350 Square Yards, Fertilizing and Sprigging Bermuda Grass dollars(00.47 )S.Y. /Jr,%y 9. Lump Sum Fluoridation, Storage, and Feed Equipment. Includes water and chemical lines, manholes, storage and day tanks, unloading compressors, metering and feed pumps, scales, electrical controls, monitoring and testing equipment, and every item of work not included in the above items of this Proposal. dollars /x'81093 TOTAL - s imet $ /97d 38'Y Amounts of prices are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. The above prices shall include all labor, materials, bailing, shoring, removal, 5-2 overhead, profit, insurance, bonds, etc.,Ito cover the finished work of the several kinds called for. The bidder shall submit below the names and license numbers of the subcontractors he proposes to use for the following work: Electrical Subcontractor: Roofing Subcontractor: Mechanical Subcontractor (Plumbing and Heating): Firm Names License Nos. Wen An �WaTR' 1 air. E 0 ton Fa/aa/Q% /Coe'Ct..., me2- get maAtriey - 610'atif5 rm- saw Also, subcontractors' bids must be submitted in separate sealed envelopes properly identified as required by Act 159 of 1949. The separate sealed envelopes will be opened only in the event the Contractor proposes to award one or more of such sub- contracts to subcontractors other than those named. Attached separately is a bid bond, or certified or cashier's check, for dollars ($ agree the Owner may cash and retain as liquidated damages in the event to enter into contract for the work covered by this Proposal, provided is awarded to us within thirty days from the date fixed for opening of fail to execute said contract and execute the required bonds as called specifications within ten days after notification of the acceptance of ), which we of our failure the contract bids and we for in the this Proposal. Receipt of the following addenda to the plans, specifications and proposal acknowledged No WE is hereby and such addenda are attached hereto and made a part hereof. Dated this Ac ° day of /%¢y , 1980. Respectfully submitted, Firm Na e Pan 9715pRlnldpdz4A shy 4cu ala Address of Firth 9/,898 i°� — Contractor's License No. Title of Authorized Representative 5-3 Ittrth LIFE &CASUALTY BID BOND • KNOW ALL MEN BY THESE PRESENTS, That we, THE /ETNA CASUALTY AND SURETY COMPANY Hartford, Conn Icuh06115 IIS Bond No. McMurtrey—Cullers Construction Co., Inc. as Principal, hereinafter called the Principal, and THE /ETNA CASUALTY AND SURETY COMPANY, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Fayetteville, Arkansas and Beaver Water District, Lowell, Arkansas. the sum of • 44%40~1 as Obligee, hereinafter called the Obligee, in 5 0 of the amount of the bid ..• °Yet Aahaelayrta., etdeisot "-• ler Dollars (S nr4g 20 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Arkansas State Fluoridation Project Grant No. H10/CCH600216-01 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this- 24th day of November (Witness) (Witness) " AIA DOCUMENT A310 BID BOND FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS .15-1869-01 10-70 ,19 80 . ^•,r,r'":"7"- tr MCMURTREY-CULLERS GDNS_ RCJC-T.ION CO. ,SINC. =: r? = -2> ^(-prn rrcapalj (Seal) -1:7;.7.--% .4 --"..`,"-(Title) THE /ETNASUALTY AND S ELY COMPANY .2, , By ping uomey"ItilTrct) 'goPp7-rp .:tea See Power of Attorney - attadiied=%? • • '�•`• cAT. 337641 PRINTED IN U.S.A. n 0 n 0 0 a z 0 Hartford, Connecticut 06115 Ts -I Z = O on M C -1 A Z i s < 0 0 s o Li 3 C 9 s T• i z ti LIFE&CASUALTY . _- THE /ETNA CASUALTY4NDtOEURETY COMPANY Hartford Conn ticut 06115 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE ETNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford. State of Connecticut. hath made. constituted and appointed. and does by these presents make. constitute and appoint Ronald Gardner, Jr., Dixie J. Lester or Pat A. Girard - - of Springdale, Arkansas execute and acknowledge, at any place , its true and lawful Attorneys -in -Fact, with full power end authority hereby conferred to sign, within the United States. or. i1 the following line be filled in. within the area there designated , the following instrumentls): recognizances, contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance, or con - incident thereto by his sole signature and act. any and all bonds, diticnal undertaking, and any and all consents DOLLARS - not exceeding the sum of ONE MILLION ($1,000,000.00) and to bind THE ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attomeys-in-Fact, pursuant to the authority herein given, are hereby ratified and con firmed. This appointment is made under and by authority of the following Standing Resolutions of said Canpany which Resolutions ere now in full force and effect: VOTED: That each of the following officers: Chairman, Vice Chairman. Resident, Any Executive Vice President, Any Senior Vice President. Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys -in -Fact. and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond, recognizance. contract of indemnity. or writing obligatory in the nature of a bond, recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman. the Vice Chairman, the Resident, an Executive Vice Resident, a Senior Vice Resident.° Vice President, an Assistant Vice President or by a Resident Vice Resident, pursuant to the power prescribed in the certificate of authority of such Resident Vice Resident, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary. pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact pur- suant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Director's of THE ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, Resident. Any Executive Vice President, Any Senior Vice President, Any Vice Resident, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Residents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such fac- simile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fac- simile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant Vice President . end its corporate seal to be hereto affixed this 2nd day of April 19 79 THE /ETNA CASUALTY AND SURETY COMPANY O.. j4 HARTFORD.. CONN. ;... . 7.. State of Connecticut ss. Hartford County of Hartford By Assistant Vice President On this 2nd day of April . 19 79 , before me personally came R. T. RIPPE . to me known. who, being by me duly sworn, did depose end say: that he is -Assistant Vice President of TIE ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Cor- poration; that the seal affixed to the said instrument is such corporate seal; and that he executed the said instrument on behalf of the corporation by authority of his office under the Standing Resolutions thereof. p • expires at it° My xp Merd, 31, 19 81. JcNpt ery Public CERTIFICATE I, the underehghed • Secretary of THE ETNA CASUALTY AND SURETY COMPANY, a Mock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in hill force and hes not been revoked: and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed et the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this day of .(S=1921-0) (M) 12-72 19 •: NARrVORD yq By Secretary PRINTED @I USA. • b STATE OF ARKANSAS CONTRACTORS LICENSING BOARD Room 350 - Gazette Building — Little Rock, Arkansas 72201 McMurtrey-Cullers Construction Co., Inc. P. 0. Box 977 Springdale, AR 72764 501/372-4661 The Board has approved your application for a Contractors License in Arkansas for the year. ending JUN '3 0 1981 Your Certificate of License is enclosed herewith. License No. 81-898 Date of Issue: JUN 2 0 1980 Classification: BUILDING SPECIALTY: Machainery Installation Suggested Bid Limit: UNLIMITED under contract at the time of bidding. Less the amount of uncompleted work you have This License is issued to you under the provisions of Act 150 of the 1965 Acts. Act 150 requires the License Certificate to be recorded with the Secretary of State within 60 days from the date of issue. YOU CANNOT LEGALLY USE THIS LICENSE UNTIL IT HAS BEEN RECORDED. The fee for recording your License is $1.00 payable to the SECRETARY OF STATE. MAIL OR DELIVER YOUR LICENSE CERTIFICATE WITH RECORDING FEE DIRECTLY TO: SECRETARY OF STATE, State Capitol Building, Little Rock, Arkansas 72201. !WG 2 9 1980 Last Day for Recording The Board's regulations require your License Number to be placed in a prominent place on the face of the envelope containing any bid and upon the face of the proposal. - The Board is pleased to grant you this License and solicits your full cooperation in the administration of the Contractors Licensing Law. Yours sincerely, CONTRACTORS LICENSING BOARD FIREMAN'S FUND IXIIIRJUINZ MORN= A.f.A. Document No. A-310 (February 1970 Ed.) FIREMAN'S FUND INSURANCE COMPANY THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Jack Burge Construction Co., Inc. as Principal, hereinafter called the Principal, and Fireman's Fund Insurance Company a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto Board of Directors of Beaver Water District, Lowell, AR and Board of Directors of the City of Fayetteville, Fayetteville,AR as Obligee, hereinafter called the Obligee, in the sum of Five percent (5%) of Amount Bid Dollars ($ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for furnishing all labor; tools, materials and equipment and performing all work necessary for installation of fluoridation equipment to serve Fayetteville, AR per plans and specifications of McGoodwin, Williams, Yates, Engineers. NOW, THEREFORE. if the Obligee shall accept the hid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24th day of November Witness) ction I• qlfflr, ni =0- `. .y?r CompanyN7f. (Seat): • urge,P - ide _ ra.CW Fireman's Fun. Insurance Company `4 cl �" (seat) 4-=�:'�,•�•1- r* sir ".t ` -'S1,3- A:' 360541-4-75 • Imes I Mark McNair, Attorney in fact .ENEPAL POW'EOFATTORNEY FIREMAN'S FUND INSURANCE COMPANY • KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY. a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the City and County of San Francisco, in said State. has made. constituted and appointed. and does by thesepresentsmake, constitute and appoint W. R. McNAIR, ERNEST GEURIN, JOHN A. McNAIR and MARK R. McNAIR joLntty an 4eve.kaity FAYETTEVILLE, AR its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute. seal. acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect. "Article VIII. Appointment and Authority of Resident Assistant Secretaries. and Attorney-in.Fart and Agents to accept Legal Process and Make Appearances. Section 30. Appdntment. The Chairman of the Board of Directors. the Resident, any Vice -Resident or any other person authorized by the Board of Directors. the Chairman of the Board of Directors. the Resident or any Vice -President. may. from time to time. a,point Resident Assistant Secretaries and Attorneys -in -Fact to represent and an for and on behalf of the Corporation and Agents m accept kgal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries. Attorneys -in -Fact. and Agents shall be as prescribed 'n the instrument evidencing their appointment. and any such appointment and all authority granted thereby may be revoked al any time by the Board of Directors or by any person empowered to make such appointment.' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July. 1966. and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney. omany revocation of any power of attorney. or on any certificate relating thereto. by facsimile. and any power of attorney, any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation. IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice -President. and its corporate seal to be hereunto affixed this 24.t1(fay of Janwa)Cy STATE OF CALIFORNIA. CITY AND COUNTY OF SAN FRANCISCO By 1978 FIREMAN'S FUND INSURANCE_COMPANY • Vim/^Lz 44m. 4o4+4 Vice -Resident 24th Janfuln78 Wi_tti-am W. Lauber. On this day of y - 19_ before me personally came to me known. who. being byme duly sworn. did depose and say: that he is Vice -President of FIREMAN'S FUND INSURANCE COMPANY. the Corporation described in anwhich executed the above instrument that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written. MEM OFFICIAL SEAL SUSIE K. GILBERT NOTARY PUBLIC - CALIFORNIA OIY & COUNTY OF SAN RWKISCO kw Commission Wires Nov. 17, 1980 Iluh. M11Yw11gMO1rtlldtltlg9g STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO 1. the undersigned. Assistant Secretary of that the foregoing and attached POWER Sections 30 and 31 of the By-laws of the in force. Signed and sealed at the City and County of 360711 (HO)—FF-3.76 CERTIFICATE Notary Public FIREMAN'S FUND INSURANCE COMPANY. a CALIFORNIA Corporation. DO HEREBY CERTIFY OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article VIII. Corporation. and the Resolution of the Board of Directors. set forth in the Power of Attorney. are now San Francisco. Dated the24th day of November 1980 i f Assistant Secretary l PROPOSAL FLUORIDE FEED EQUIPMENT TO SERVE THE CITY OF FAYETTEVILLE, ARKANSAS and BEAVER WATER DISTRICT, LOWELL, ARKANSAS Arkansas State Fluoridation Project - Grant No. H10/CCH600216-01 Plans No. BWD-8 - Dated June, 1980 Board of Directors Beaver Water District Lowell, Arkansas Board of Directors City of Fayetteville Fayetteville, Arkansas Gentlemen: The undersigned states that, as bidder, he has carefully examined the plans, profiles, specifications, maps and drawings on file in the office of the Engineer -Manager, Beaver Water Treatment Plant, Lowell, Arkansas, relative to the proposed construc- tion of Fluoride Feed Equipment to Serve the City of Fayetteville, Arkansas; that he is familiar with the same and understands each and all; has examined the location and site; that all bids are made with full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantityof the plans, work to be done, excavation, and materials required; and with full knowledge of the plans, profiles, specifications and estimates, and all provisions of the contract and bonds; that this Proposal is made without collusion on the part of any person, firm or corporation. He further states that he will enter into contract to con- struct said Fluoride Feed Equipment and related work in accordance with the plans and specifications, and have said work completed within one hundred eighty (180) consecutive calendar days from the effective date of the issuance of the Notice to Proceed for the following prices. Item Estimated No. Quantity Description of Item and Unit or Lump Sum Price Bid Total Amount 1. 275 Tons, SB -2 Base Material for Pavements, compacted in place unt written in words) �a dollars( /y )Ton $5lj ' (I figures) (in figures) 2 80 Tons, Asphaltic Concrete Surfacing, Parking and Loading Areas, complete in place rat y allars 03 /) Ton 5-1 Item Estimated No. Quantity Description of Item and Unit or Lump Sum Price Bid Total Amount 3. Lump Sum Fluoride Feed Building, which shall include all excavation, concrete, reinforcing steel, SB -2 Base material, masonry, doors and hardware, heating, lighting, and all it not called for under other items of the P oposal onstruction of buildin:, and electrical work Ai A afilL, uollars 4. 230 Tons, SB -2 Base Material for Bedding and Repair of Trenches under Existing Pavement, complete in place eedy / mm dollars( / )Ton t.13j 5. 45 Cubi ards, Class A Concrete, in place • dollars a )C.Y. 6. 6,000 Pounds, Reinforcing Steel, in place RmaP-/V( -chrklegu( )Lbs. �9 _ 7. 250 Cubic Yjrds, Topsoil Jor Plant Yard Repair, in place ye .eeeaor tea^ /, dpllars( 7 —)C.Y. y3� Bald 8. 2,350 Square Yards Fertilizing and Sprigging Bermuda Craps., Fluoridation, Storage, and Feed Equipment. Includes water and chemical lines, manholes, storage and day tanks, unloading compressors, metering and feed pumps, scales, electrical controls, monitoring and testing equipment, and every item of work not included in the above items of this Proposal 9. Lump Sum 597 c5> -?-7 'rP ' o .�flollars TOTAL $ /671% Amounts of prices are to be shown in both words and figures In case of discrepancy, the amount shown in words will govern. The above prices shall include all labor, materials, bailing, shoring, removal, 5-2