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Home My WebLink About23-83 RESOLUTIONRESOLUTION NO. .2%,343 1 ,J A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TOMLINSON ASPHALT COMPANY FOR THE RESURFACING OF THE PARKING AREA AT. THE AIRPORT FIRE STATION. • 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 a contract with Tomlinson Asphalt Company, Inc: for the resurfacing of the'parking area at. the Airport Fire `Station. A copy of`-the'contract authorized for execution hereby is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this 1.5* day of &Sta key, 1983. � ' APPROVED: . r Y;.S'. .....`..` . By OtiGtail e City Clerk By :;;L L'��^ taZ y Ma or %%� THIS CERTIFIOA. E I5 ISSUED AS Q MATTERXOF T. E DOESINOT AMEND,EXTEND NAME AND ADDRESS OF AGENCY THE iMCKINNEE AGENCY P 0 BOX 1069 FAYETTEVILLE, AR. , 72702 NAME AND ADDRESS OF INSURED INFORMATION TOMLINSON ASPHALT COMPANY INC. 170 E PROSPECT FAYETTEVILLE , AR. , 72 701 ONLY AND GE CONFERS NO BY RIGHTS UPON THEiCERTIFICNTE COMPANIES AFFORDING COVERAGES EETMEEANY A TRAVELERS INDEMNITY • LETTERNY B TRAVELERS INDEMNITY HOLDER. COMPANY CO OF AMERICA COMPANY ■ LETTER V TRAVELERS INDEMNITY CO OF RHODE COMPANY D LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies de terms, exclusions and conditions of such policies. COMPANY LETTER any requirement, term or condition scribed herein is subject to all the TYPE OF INSURANCE GENERAL LIABILITY E� COMPREHENSIVE FORM EJPREMISES—OPERATIONS 0 EXPLOSION AND COLLAPSE HAZARD 0 UNDERGROUND HAZARD - OPERATIONS HAZARD PRODUCTS/COMPLETED CONTRACTUAL INSURANCE BROAD FORM PROPERTY DAMAGE V INDEPENDENT CONTRACTORS PERSONAL INJURY POLICY NUMBER POLICY EXPIRATION DATE 65066 1E82431141/82 04/30/83 . AUTOMOBILE LIABILITY COMPREHENSIVE FORM 650661E8243IND82 OWNED HIRED NON -OWNED EXCESS LIABILITY ❑ UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and C EMPLOYERS' LIABILITY DE E UB 66 1E 80 2 2 82 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES JOB : DRAKE FIELD AIRPORT FAYETTEVILLE, AR. 04/30 /83 Limits of Liab BODILY INJURY ility in Thousands (000) EACH AGGREGATE OCCURRENCE PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE COMBINED $ $ x500, $ 500, PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED Soo, STATUTORY 04/30/83 1 $ioo, (EACH ACCIDENT) Cancellation: Should any of the above desCrjbed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF FAYETTEVILLE P 0 DRAWER F FAYE TTE VI LLE , AR. , 7270 1 Attention: Edie Hogue DATE ISSUED: 02 /01/83 NJTHt IZED REPRE$ EJJTATIVE .: cr:'inney/2r Robert S. • C8409 cl... 2 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We, • TQ1[nLi.nSS1.n..A$phalt-.Uompa ty.,--Jac., Fayetteville, Arkansas as Principal, hereinafter called Principal, and ..._Union _Indemnity Insurance Company. of New Yorke 260 Madison Ave., New York, New York , as Surety, hereinafter called Surety, are held and firmly bound unto-._---City.of..F.a-yettexille., Arkansas as Obligee, hereinafter called Owner, ht the amount of Fifty Six Thousand Nine Hundred Eighty Four_.and..no.�1OD - • _.�.,... ....- .._..... Dollars ($ 56s.984.00 ), for the payment whereof Principal and Surety bind 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 January 4_, 1983 constructing drainageand pavement improvements to the west side of Drake Field.) Fayetteville, AR which contract is 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 Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials fur- nished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding 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 liability 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 28th day of January — --, 19 83. ,r ":;' •�„ i'•, :xlins.n As shalt Co . •any�Inc. •,:; ; k .,. tyIn urance Company of New Yor ICC* kjr-C ,/9,.. --- Union Infer&lgity.lnurance Company& f New York Executive Offices 260 Madison Avenue New York, N.Y. 10016. KNOW ALL MEN BY THESE PRESENTS: All authority hereby conferred, unless revoked earlier, shall expire and terminate without houticince, unless used before midnight of Aprl LO, POWER OF ATTORNEY S022-7005 That Union Indemnity Insurance Company of New York does hereby appoint: Sam H. Less of Memphis, Tennessee its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Con) a d as ct and deed of said Company, not to exceed Two Hundred Fifty Thousand and U0/100 ` 25 ,1760.00) any single instrument. IN WITNESS WHEREOF, Union Indemnity Insurance Company of New York have executed these presents _rroA-rre %• SEAL nn 4fe Y0 `17 a0i this 23rd day of September 19 82. Richard L. Boyle 'Vice President STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) On this 23rd day of Sept. 1982 before me came the above named officer of Union Indemnity Insurance Company of New York, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. MOT AAI, • ;\ VBl1G /Y a• r Or wt+' CERTIFICATE LUCILLE SCHULTZ Notary Public, State of New York No. 03-4727511 Qualified In Bronx County Tann Expires March 30, 19$ Excerpts of Resolutions adopted by the Boards of Directors of Union Indemnity Insurance Company of New York: March 17, 1980: RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the President, Vice President, an Assistant Vice President or Secretary of this Company hereby is authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, under- takings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED, that the signatures and attestations of such officers and the seal' of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; and RESOLVED, that any such Attorney -in -Fact may deriver a certification that the foregoing resolutions are still in effect and may insert in such certification the date of the certification but that date may be not later than the date of delivery of the certificate by the Attorney -in -Fact. I, Thomas G. O'Brien III Secretary of Union Indemnity Insurance Company of New York, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Director of the corporation and the Powers of Attomey issued pursuant thereto, are true and correct and that both the Resolution and Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this ZRf-h day of .Tamtary , 1983 Thomas G. O'Brien III, Secretary NAME AND ADDRESS OF AGENCY THE ;.CKI NEHI P 0 BOX 1069 FAYETTEVILLE NAME .AND ADDRESS OF INSURED • - 1 rms.. - E Y)5 75SUEDy)LS!A MATTER*FOF;INFORMATIDN. ONLY `AND_CON AGENCY AR., 72702 TOMLINSON ASPHALT COMPANY I>SC. 170 E POSPECT FAYETTEVILLE,'A' , 72701 sl,a �ckts U 011. Tn f, tlr Mi '.L. COMPANIES AFFORDING COVERAGES COMPANY LETTER TRAVELERS INDEMNITY COMPANY B T RAVELERS INDEMNITY COMPANY C LETTER TRAVELERS INDEFANITY COMPANY LETTER D COMPANY E LETTER COMP ANY CO or AT_b CO OF ;:i.Oi This is to certify that policies of insurance listed below have been issued to the insured named above andare in force at this time. Notwithstanding any requirement, term or condit of any contract or other document with respect to which this certificate may be issued or may pertain! the insurance afforded by the policies described herein is subject to all terms. exclusions and conditions of such policies. COMPANY LETTER TYPE OF INSURANCE GENERAL LIABILITY I,J COMPREHENSIVE FORM ❑ PREMISES—OPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE: BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS LJ PERSONAL INJURY 1 AUTOMOBILE LIABILITY COMPREHENSIVE FORM OWNED HIRED NON -OWNED POLICY NUMBER 650661E8243IMD82 650661E8243IND82 EXCESS LIABILITY ❑ UMBRELLA FORM O OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY DEEUB661E802282 OTHER POLICY EXPIRATION DATE 04/30 /83 04/30/83 04/30/83 vlhl,..lr . - _ - ms, ...,. ..ro'Mk7Wf.."..-.+wesm+-k..asacP•: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES 303: DRAKE FIELD AI Tar ORT FAYETTEVILLE, AP.. Limits of Liability in Thousands (000) EACH OCCURRENCE BODILY INJURY s PROPERTY DAMAGE S BODILY INJURY AND 'PROPERTY DAMAGE COMBINED AGGREG< S $ s500, $ 500 PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE S BODILY INJURY AND PROPERTY DAMAGE COMBINED s $ BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY 500, S t 0 '100, INCYAtt6 Cancellation: Should any' of the above descrjbed policies be cancelled before the expiration date thereof. the issuing corn- pany will endeavor to mail -11 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF FAYETTEVILLE P 0 DRAWER F FAY E TTE VI LLE , AR, , 72 70 1 Attention: Edie otue DATE ISSUED r))/01/83 Rob 9 r t A}ITLj091ZED REPRESENTATIVE _.Cn1rine i jr ca.r09 cl... r ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We, —.....Lanni insm.,A.sph to Compala_y..Jnc,., Fayetteville, Arkansa s as Principal, hereinafter called Principal, and._—UnionJndemnity Insurance Company. of New York, 260 Madison Ave. , New York, New York ,asSart hereinafter called Surety, are held and firmly bound unto .._....City_of._Fay.ette.ville_, Arkansas as Obligee, hereinafter called Owner, in the amount of..__Fifty ix Thousand Nine Hundred Eighty Fo.ur..and.no_I1QD-- • - - - -- _.��_.� - a Dollars ($ 56..984. 00 for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors a assigns. jointly and severally, firmly by these presents. Principal has by written agreement dated January 4, 1983 entered into a contract with Owner for - constructing drainage and pavement improvements to :the_ west side of Drake Fielder Fayetteville AR which contract is 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 Contract on his part a shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making goi any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials ft nished or performed under said contract failing which such persons shall have a direct rightof action against t Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligatii shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made the Contract. nor shall any suit, action or proceeding be brought by the Owner after two years from the date an whit 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 givir by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, 1 either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notii 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 28th day of January Tomlins.n As By Union , halt Co % any, Inc. ncI.'tT ity_In§urance Company of New v' • Compariy'Mt New York Executive Offices 260 Madison Avenue New York, N.Y. 10016. KNOW ALL MEN BY THESE PRESENTS: shall expire and terminate i houtl��tice, unless used r before midnight of Apri 120 POWER OF ATTORNEY S022-7005 That Union Indemnity Insurance Company of New York does hereby appoint: Sam H. Less of Memphis, Tennessee its true and lawful Attorneys) -in -Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on beahntf of said Co 1oany and as and deed of said Company, ,not to exceed Two Hundred Fifty Thous l any single instrument. IN WITNESS WHEREOF, Union Indemnity Insurance Company of New York have executed these presents this 23rd day of September September 2%' / 'e Richard L. Boyle Vice President 1.9 82. STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) On this 23rd day of Sent. 1982 before me carne the above named officer of Union Indemnity Insurance Company of New York, to me personally known to be the individual end officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of - said corporations thereto by authority of his office. CERTIFICATE LUCILLE SCHULTZ Notary Public. State of New York No. 03-4727511 Qualified In Bronx Count Tann Expires March 33, 14 Excerpts of Resolutions adopted by the Boards of Directors of Union Indemnity Insurance Company of New York: March 17, 1980: RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the President, Vice President, an Assistant Vice President or Secretary of this Company hereby is authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, under- takings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED, that the signatures and attestations of such officers and the seal* of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; and RESOLVED, that any such Attorney -in -Fact may deliver a certification that the foregoing resolutions are still in effect and may insert in such certification the date of the certification but that date may be not later than the date of delivery of the certificate by the Attorney -in -Fact. I, Thomas G. O'Brien III Secretary of Union Indemnity Insurance Company of New York, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Director of the corporation and the Powers of Attomey issued pursuant thereto, are true and correct and that both the Resolution and Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation « this 2g1+1day of .Tannary 4. a, oak I SEAL c. 101 • Ia .1923 Thomas G. O'Brien III, Secretary Tomlinson Asphalt Company INC. Rt. 2. Box 105A Fayetteville, Arkansas 72701 Phone 1-(501) 521-3179 PROPOSAL SUBMITTED TO: NAME, Paul Logue Fayetteville Fire Chief STREET, 303 W. Center CITYi Fayetteville, STATE, Arkansas cQroposaf DATE: Jan. 25, 1983 1! E D JAN 3i;ons. Corr OF Fiwyrrn,iiLi.E JOB NAME: Resurface Parking at STREET: CITY: Airport Fire Station Fayetteville, STATE, Arkansas ARCHITECT: DATE OF PLANS, We hereby submit specifications and estimates for: resurfacing the parking lot in following manner: 1. Excavate two soft areas then fill with SB -2 and 2" of Asphalt Hot Mix. 2. Clean and tack the entire area to be resurfaced approx. 1348 SY as measured on 1/24/83. 3. Resurface the entire'area with 1Z" Asphalt Concrete Hot Mix. All materials and labor complete in place for the LUMP SUM OF $4,732.50 Note: This offer contingent upon being able to do this work at the same time as the Airport We hereby propose to furnish materials and labor — complete in accordance with the above •pee/Dcatlous, for the sum of four thousand seven hundred thirty two a4nfy'iSfOty dollars ($ - ) with payment to be made as follows, Upon completion of the paving. .t� All material Is guaranteed to be as •peelfled. All work to be completed In a workmanlike manner according to standard practices. Any alteration or deviation from above specification., nivolvng extra costs, will be executed only upon w orders, and will become an extra charge over and above the estimate. All agreements contingent neon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary inanrauce. Our tvor ers are filly covered by Workmen's Compensation insurance. / AuthorizedSlgnuture_v/4_ If proposal is acceptable, please sign/�and return thethrnoriginal so that the work may be schedule Acceptance stance of cf roposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. t71 CCQJ'tefi.- Date zl/!..3 Signaturp�52k:.�-£�_tf_z-x^-g6i Customer Sigriatuie