HomeMy WebLinkAbout31-83 RESOLUTIONRESOLUTION NO. &A Y3 1 t
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH KAN-ARK INDUSTRIES, INC.
FOR THE RENOVATION OF THE SWIMMING POOL AND APPUR-
TENANCES AT AT WILSON PARK.
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 Kan -Ark Industries, Inc.
for the renovation of the swimming pool and appurtenances
at a total contract price of $344,031.00 for the base bid
and alternates 12 and 15. A copy ofTthe contract authorized
for execution hereby is attached hereto, marked Exhibit "A"
and made a part hereof.
PASSED AND APPROVED this /Sf day ofBry , 1983.
ATTE S"I' ,
By: AL - a
City Clerk
APPROVED:
By:
VaaMayor
CONTRACT
This contract executed this; ,.`day of February, 1983,
between the City of .Fayetteville, Arkansas,. hereinafter. called
"the City", and Kan -Ark Industries;. Inc.-, hereinafter called
"the Contractor".
In consideration of the mutual covenants contained herein,
the parties agree as follows:
1. The Contractor shall renovate the City's Wilson
Park swimming pool and its appurtenances in accordance with
the plans and detailed specifications prepared by Gary Carnahan,
P. E. Said plans consist of sheets 1 through 21 and said
detail specifications consist of sheets 1 -DS through 16 -EL.
Said plans and specifications are incorporated herein by
reference thereto.
The Contractor shall commence work on or before March 1,
1983 and shall complete construction in accordance with the
aforesaid plans and specifications by June 1, 1983. Time is
expressly made of the essence of this contract. If the
Contractor fails to complete the work by June 1, 1983, or any
agreed extension thereof, he shall pay to the City as liquidated
damages, fixed and agreed, and not as a penalty, the sum of
$300.00 for each calendar day beyond June 1, 1983 construction
is not completed. Said liquidated damages shall be withheld
by the City from payments due to be made to the Contractor by
the City under the terms of this contract. If the Contractor
completes the work before June 1, 1983 in accordance with the
aforesaid plans and.specifications, the City shall pay the
Contractor an amount equivalent to $300.00 per day for each
day prior to June 1, 1983, that the work is completed.
The`‘Contractor shall be entitled to one day of extra
work time for each -.day lost due to inclement weather.
2. The City agrees to pay the Contractor-, for the work
described, the total. price of $344,031.00. Said work shall
consist of,the Base 13i4, Alternate Bid Stem No. 12, and
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Alternate Bid Item No. 15, as :reflected in the Bid of the
Contractor: dated February: 14, 1983 which is incorporated
herein by reference thereto.
3. The City shall make progresspayments on the basis
of applications for paymexi.t submitted to, and approved by, the
City's designated representative.. On or about the 10th day
of each month, the City shall make progress payments in the
amount of•90%d-of therproportion of the contract sum properly
allocable to. labor, materials and equipment incorporated in
the work -and 100% of the portion of the contractsum properly
allocable to materials and equipment suitable -stored at the
site or at some other location agreed upon in writing by the
parties, up to the first day of that month, less."the aggregate
of previous payments in each case..
At any time after 50% of the work las .been completed,
if the City's designated representative finds that satifictory
progress is being made, and with the written consent of the
Contractor's surety, the remaining partial payments shall be
made in full and the payment upon substantial completion
shall be increased from 90% to 95`/0.
Progress payments may be withheld if:
(a) Work is found defective and not remedied;
(b) The Contractor does not make prompt and proper
payments to subcontractors;
(c) The Contractor does not make prompt and proper
.payments for labor, materials, or equipment furnished
him;
(d) Another Contractor is damaged'by an act for which
the Contractor.is responsible;-
(e) Claims or liens are filed on the job; or
(f) In the opinion of the City's. designated representative
the Contractor's:work is not.:progressing satisfactorily.
',4. The City shall make final -payment to the..Contractor
within ten (10) -days after the work is coinple.ted, if the
Contract be at that time. fully performed, andsubject to the
condition that final payment shall not be. due until the
Contractor has .delivered to the City a complete -release 'of
all liens arising out of the contract herein, or.re.ceipts In
full covering -all labor, materials, and equipment for which
a lien could be, filed,. or in the alternative a bond'satisfactory
to the City indemnifying it against such liens.
The City by making payment waives all claims except
those arising out of:
(a) Faulty work appearing after substantial. completion
has been granted;
(b) Work that does not comply.:twith the:contract documents;
(c) Outstanding claims of lien; or
.(d) Failure of the Contractor to cbmplytwith any special
guarantees required by the -contract documents.
The Contractor, by accepting final payment, waives all
claims except those which he has previously made in writing,
and which remain unsettled at the time of acceptance.
5. The contract documents on which the agreement between
the City and the Contractor is'..based are as follows:
(a) This contract;
(b) The plans and specifications, with addenda attached
thereto, issued before execution of this agreement, and
any amendments hereafter to be made; and, the Contractor's bid;
(c) Written interpretations of the contract documents
and directives to be made from time to time by the City's
designated representative;
(d) Work change ordersissued, or to be issued.
The'contract,.documents together. form.the contract for the
work herein::described. .The.parties intend that the documents
include provisions for all labor, materials,equipment, supplies
and other iteris.necessary for. the execution and completion
of the.work, and all .terms, and conditions..of payment. The
documents also include all work` an&pro.cedures not: expressly
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indicated therein necessaryfor proper execution of this
project.
-6: The primary function of..the, City's.designated
representative shall be to provide the general administration
of the contract Heshal1T.hafr.ee access:.to thework at all
times during itsHpreparation.and,progress._ The City's
designated representative shall.be.the interpreter of the
contract.document requirements. He shall have the authority
to reject work which in his opinion does not conform to the
contract documents, and in this connection to stop the work
or aportion thereofwhen necessary. .The City's designated
representative will determine the amounts owing to the Contractor
as the work progresses, based on. the Contractor's applications
and his.inspections and observations, and will issuecertificates
for progress payments and final payment in accordance with the
termsof the contract documents.
7. The Contractor's duties and rights in connection
with the project herein are follows:
(a) Responsibility for and Supervision of Construction.
Contractor shall be -solely responsible for all construction
under this contract, including the techniques, sequences,
procedures, and means, and for coordination of all work. He
shall supervise and direct the work to the best of his ability,
and give it all attention necessary for such proper supervision
and direction.
(b) Discipline and Employment. Contractor shall maintain
at all times strick discipline among his employees, and he
agrees:not to employ for work on the project any person unfit
or without sufficient.skill to perform the job for which he was
employed.
(c) Furnishing of Labor, Materials,. etc. Contractor
shall provide and pay for all .1abor,:-materials, end equipment,
including tools,. cons.truction.equipment, and iiachinery,
utilities, including water, transportation, and all .other
facilities and •.services necessary for the proper completion
of work on.the project in accbrdance with the contract
documents.
(d) Payment of Taxes;: Procurement. of Licenses and Permits.
Contractor shall pay all taxes -,required by law in connection
with work on the project in accordance with this contract
including sales,' use, and similar taxes, and shall secure
all licenses and permits necessary for proper completion of
the work, paying the fees therefor.
(e) Compliance with Construction'Laws and Regulations.
Contractor shall comply with all laws -and ordinances, and the
rules, regulations, or orders of all public authorities-
relating
uthoritiesrelating to the'performance of the work herein. If any
of the contract documents are at. variance therewith, he shall
notify the City's designated representative promptly on
discovery of such variance.
_(f) Responsibility for Negligence of Employees and
Subcontractors. Contractor assumes full responsibility for
acts, negligence, -or omissions bf all his employees on the
project,for those of his subcontractors and their employees,
and for those -of all other persons doing work under a contract
with him. -
(g) Warranty of Fitness of -Equipment and Materials.
Contractor represents and warrants to owner and to the City's
designated:representative that all equipment and materials
used in the work, and made a part of the structures thereon,
or placed permanently in connection therewith, will be new
unless otherwise specified in the contract documents, of
good quality, free of defects,. and in conformity with the
contract documents. It is understood between the parties
hereto thatall equipment-and.materi:als.. not. so in .conformity
are defective.
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.(h) Furnishing of,Samples and Shop Drawings. Contractor
agrees to furnish. at City's designated representative's.
direction all samples and.shop:drawings -for his consideration
and approval aa to Conformance-with.the specifications of the
contract documents :and his concepts of design called for therein.
Clean -=up. Contractor agrees to keep the work premises
and'adjoining:ways free of waste material and rubbish caused
by his work or'that of his subcontractors. He further agrees-
to'
grees
to remove all' such waste material and rubbishon termination
of the project, together with all --:his tools, equipment,
machinery, and surplus. materials. He agrees, on terminating
his work at the site; to conduct general clean-up operations,
including the cleaning of all glass surfaces, paved streets
and walks, steps, and interior floors and walls.
(j) Indemnity and Hold Harmless Agreement. Contractor
agrees.. to indemnify and hold harmless owner and City's designated
representative, and their agents and employees, from and against
all claims, damages, losses, and expenses, including reasonable
attorneys' fees in case it shall be necessary to file an action,
arising out of performance of the work herein, which is
(1) for bodily injury, illness, or death, or for property
damage, including loss of use, and (2) caused in whole or in
part by contractor's negligent act or omission; or that of a
subcontractor, or that of anyone employed by them or for
whose acts contractor or subcontractor may be liable.
This agreement to indemnify and hold harmless is not
applicable to liability of City's designated representative.,
or that of his agents.or employees, arising out of preparation
or appr.oval.ofreports; opinions, surveys, maps, drawings,
designs,. or, specifications, or out of their,.giving or' failure
to give instructions.,, which.giving or: failure to give is: the
primary:cause.of the injury or: damage.
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(k) Payment of Royalties and License Tees:.;..Bold.Rarmless
Agreement Contractor agrees; to. pay. all royaltiesi..and license
fees necessary for the work,: and to. .defend .ail .Iacti.ons and
settleall claims: for infringement of copyright or -patent
rights, and to saveowner harmless therein.
(1) Safety Precautions Nand Programs.. .Contractor has. the
duty of providing for and overseeing all safety orders, precautions,
and programs necessary to the reasonab.le'safety of. the work.
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In .this connection, he shall take,reasonable precautions for
the safety of all work employees and other persons whom the
work might affect, all work and -materials :incorporated in the
project, and allproperty and improvements on the construction
site and adjacent- thereto, complying with all applicable
laws, ordinances, rules,T-r-egulations and orders.
8. Contractor agrees to furnish the City's designated
representative, prior to the execution of this contract, a
list of names of subcontractors to whom he proposes to award
the principal portionsof the work -to beSubcontracted by
him. A subcontractor; for the purposes of this contract,
shall be a person with whom contractor has a direct contract
for work at the -project site. Contractor agrees not to employ
a subcontractor to whose employment the City's designated
representative or owner reasonably objects, nor shall he be
required to hire a subcontractor to whose employment he
reasonably objects. All contracts between Contractor and
subcontractors shall conform to the provisions of the contract
documents, and shall incorporate in them the relevant provisions
of this contract.
9. The Contractor agrees to keep in force at his own
expense during the entire period of construction on the project
such.liability insurance as will protect him from claims, under
workmen' s,compens.ation laws.: The minimum liability limits. of
such insurance shall b.etot less than the limits specified
by Arkansas law.
10. .Contractor agrees to keep in force. athisown
expense -during the entire .period of construction on the
project the :following insurance with:=minimum liability limits
as.specif.ied below:
Employer' s. liability insurance- $100;000each accident.
Contractor"s. liability-cuup.rehensive:•
General Liability Form. Includes:
(a) Premises and operations;
(b) Independent contractors;
'(c) Completed operations and products;
(d) Elevator liability;
.(e) Contractural liability;
(f) Explosion and collapse hazard;
(g) Underground hazard; and
(h) Broad form property damage.
Bodily Injury -'$500,000 each occurrence, $500,000 aggregate.
Property Damage $100,000 each occurrence, $200,000 aggregate.
Comprehensive` Automobile Liability Insurance.
Includes owned, non -owned and hired vehicles.
Bodily Injury - $300,000 each person, $500,000 each accident.
Property Damage - $100,000 each occurrence.
The aforesaid insurance polices shall be carried by the
Contractor with a company or companies licensed to do business
in the State.of Arkansas. The Contractor shall file with the
City certificates reflecting that the above insurance is in
full force or effect.
11. The City agrees to maintain at itsexpense during
construction of the project property damage insurance on the
work at the site to its:full insurable value, including interests
of the City, the Contractor, and subcontractors, against fire,
vandalism,- and other per'ilsordinarily included in extended
coverages. Losses under' such insurance will.he adjusted with
and -mane :payable to the City as trustee for the parties insured
as their interests appear.
The City :and the £ontr.actot-hereby waive .all. claims- -
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against ech1.1other .for fire damage Or damages. from :other
perils covered by insurance provided in this paragraph_ The
Contractor agrees to obtain: waivers of such claims by all
subcontractors.
12. When -.it appears to Contractor during the course of
construction that any work does not conform to the provisions
of the contract documents, he shall make necessary, corrections
so that such work will so conform, and in addition will
correct any:defects caused by faulty materials, equipment,
or workmanship in work supervised by him or by .a subcontractor,
appearing within one year from the date of issuance of a
certificate of substantial completion, or within such longer
period as may be prescribed by law or as may be provided for
by applicable special guaranties in the contract documents.
13: Owner reserves the right to order work changes in the
nature of additions, deletions, or modifications, without
invalidating the contract, and agrees to make corresponding
adjustments in the contract price and time for completion.
All changes will be authorized by a written change order
signed by owner or by the City's designated representative
as his agent. Thechange order will include conforming changes
in the contract and completion time.
Work shall be changed, and the contract price and comple-
tion time shall be modified only as set out in the written
change' order. Any adjustment in the contract price resulting
in a credit or a charge to owner shall be determined by mutual
agreement of:the parties,before starting. the work involved in
the change.
14. (4)• Contractor's.. Termination. Contractor' may,. on
seven days written notice to owner. and the. City's. ideeignated
representative-, terminate this contract before the.coinpletion
date hereof,when..for a period. .of .thirty: days after a progress
payment is: due.through no fault of:.contractor,..the City's.
designated representative fails to issue a .certificate :of
payment therefor,or owner fails to make the payment. On
such termination, contractor may reeover from owner payment
for all work completed and for any loss sustained by him for
materials, eq=uipment, tools, or"macihery to the extent of
actual loss thereon plus loss of a reasonable profit, provided
he'canrprove such.loss and damages.
(b) Owner's Termination. Owner may, on seven .days notice
to contractor, terminate this contract before the completion
date hereof, and without prejudice to any other remedy he
may have, when contractor defaults in performance of any
provision herein, or fails to carry out the construction
in accordance with the provisions of the contract documents.
On such termination, owner may take possession of the work
site and all materials, equipment, tools,and machinery thereon,
and finish the work in whatever way he deems expedient. If
the unpaid balance on the contract price at the time of such
termination exceeds the expense of finishing the work, owner
will pay such excess to contractor. If the expense of finishing
the work exceeds the unpaid balance at the time of termination,
contractor agrees to pay the difference to owner.
15. The Contractor agrees to abide by the requirements
under Executive Order No. 11246, as amended, including
specifically the provisions of the Equal. Opportunity Clause.
16. Not less than the prevailing hourly rate of wages
as
by
found by the Arkansas Department
a court on appeal, shall be paid
of Labor, or determined
to all workmen performing
work under this contract.
17. Material Designations and Substitutions_:
(a) Where a material is mentioned in the §pecifications
by trade name -or manufacturer's.name, the same is not a
preference for said material, but the'intention of using
said name'is to establish a type -or qualityof material.
Material of othertrade namea or. of other manufacturers,
which. is the equivalent or better in type or quality, will
be accepted by the City 's..designated representative'
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(b) Within thirty days. after award of the contract. the
Contractor shall submit in writing to the City's. designated
• representative a list of allmaterials which be proposea to
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Substitute for materials- specified. :This list shall be-
accompanied;by, Such technical.data.as. .the City'.s. designated
representative may need in order to compare. the proposed
material with..the material which was specified No substitutions
shall be :made. :until written permission is given.by the City's
designated representative.
.(c) Before submitting material or: equipment for approval,
the Contractor shall ascertain that it can be installed in
,the manner indicated and in the -space` available, and that it
complies with the requirements of the contract. Failure of
-the Contractor so to do shall not relieve him of responsibility
for furnishing suitableinaterials and equipment.
(d) Should a substitution be permitted and should
the -substitute material prove defective 'or otherwise -unsatis-
factory for the -service intended, and within the guaranty
period, the Contractor shall replace this material or equip-
ment with the material or equipment specified by name.
18. This contract may be executed in several counterparts
each of which shall be considered an original.
IN WITNESS WHEREOF, the parties have executed this agreement
on the 'date first above written.
'CITY OF.FAYETTEVILLE, ARKANSAS
City Clerk
ATTEST:
By: > zenyL•L i i'. ' C
By:C2ae-€4
Mayor-
uP/
KAN-ARK INDUSTRIES, INC. �
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FAYETTEVILLE, ARKANSAS
P. 0. DRAWER F
SUBCONTRACTORS
OFFICE OF CITY CLERK
72701
RE: Renovation of Wilson Park Pool
1501 521.7700
1. Northwest Electrical, John Lindsey -. 521-4595
2. Fayetteville Plumbing & Heating, John Wyles, 521-4215
3. Masonry - John Stanley, 442-5898
4. Concrete - Slabco, Gary Langham, reach at Fayetteville Plumbing, 521-4215
5. Roofing - Richardson Roofing, 442-7708
6. Wrought Iron - Amric-Tals, Inc., Preston Sappington, 756-1291
7. Plaster - Wortman Plasterers, Marvin Wilson (Rogers), 636-3398
8. Painting - Paul Price, 442-5165
9. Fencing - To be furnished
Richard Naylor
Post Office Box 1061
Fayetteville, Arkansas 72702
Telephone: 443-7665
'S
555
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Date
TO:
KAN-ARK INDUSTRIES, INC.
GENERAL CONTRACTOR
P. 0. Box 277 Telephone (5011636-5380
ROGERS, ARKANSAS 72756
3301 North Second
February 28, 1983
City Clerk
City Administration Bldg.
Fayettville, AR. 72701
RE
Renovation -of
Wilson Park Siaurming Pool
Fayettville, 'Arkansas
Gentlemen:
We are sending you today, E herewith, ❑ under separate cover,
prints each of Bonds and Insurance Certificates
covering
These drawings are being submitted:
For approval and/or correction ❑ Approved
rl For final approval ❑ Approved as noted
❑ For correction and resubmission ❑ File and distribution
1(one)
_on the above subject job.
❑
Remarks:
C. C.
Yours very truly
KAN-AR
ES, INC.
President
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21103
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We. Kan -Ark Industries, Inc., P. 0. Box 2772 Rogers, AR 72756
as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as Surety,
hereinafter called Surety, are held and firmly bound unto.._.. City of Fayetteville, Fayetteville,
Arkansas
as Obligee, hereinafter called Owner, in the amount of Three Hundred Forty -Four Thousand
Thirty -One and no/100
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-Dollars ($3442031.00
for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, suc-
cessors and assigns, jointly and severally, firmly by these presents.
Principal has by written agreement dated.
February 212 1983
entered into a contract with Owner for renovation of Wilson Park Swimming Pool
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 furnished or performed under said contract failing which
such persons shall have a direct right of action against the Principal and Surety jointly and severally under this
obligation, subject to the Owner's priority, then this obligation shall be null and void; 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 forbear-
ance 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 21st day of
February
KAN-ARK INDUSTRIES. INC
If
FIDELITY AND DEPOSIT COMPANY OF MAR AND
Surety
1983
Principal
w57N1$IS�USASS LDEN I' GENT'
C5134(AR)-250 12-77 2046
-
L. KLINEATTORNEY-INSFAGT.,._
'._✓3
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE; BALTIMO E, MD...
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com
pany, which reads as follows:
"The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shallhave power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant
Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and
assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu-
ments which the business of the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appointWilliam L. Kline, Norval N. Kline, Jr., John R.
Kline, W. Michael Kline and Stephen K. Kline, all of Hutchinson, Kansas,`EACH,_
its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings
n. the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of William L. Kline, etal, dated
May 24, 1974•.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of
said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
15th day of June , A.D. 19__=(6"-"""
FIDELITY AND DEPOSIT COMPANY OF MARYL
TTEST:
e
A ssistant Secretary
STATE OF MARYLAND l SS:
CITY OF BALTIMO f•
On this 1 th day of June , A.D. 19 76 before the subscriber, a Notary Public of the State of
Maryland, in an for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by -me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written. #177. _
Pi
;E
i;% w ,aA_ Notary Public Commission Expires___AU-1-Y._1.,"._1978
4'6147 G y CERTIFICATE •
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company; shall -be
valid and binding upon the Company with the same force and effect as though manually affixed " w''y� l
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said=Company, this ---: 4. F
21st _ day of February.__ , 1983 ' ! ,i �%' I �.
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-
By
Vice -President
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NAME AND ADD. ESS OF AGENCY
KLINE INSURANCE AGENCY, INC.
100 South Walnut
Hutchinson, Ks. 67501
NAME Ave ADDRESS OF INSURED .
KAN-ARK INDUSTRIES, INC.
P.O. BOX 277
ROGERS, AR 72756
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A. Le
COMPANIES AFFORDING COVERAGES
A THE -TRAVELERS INSURANCE COMPANY
OF AMERICA
COMPANY
LETTER
y� el
• _ • ' ,
-$ ..J
COMPANY B
LETTER [HE TRAVELERS INDEMNITY COMPANY
COMPANY C
LETTER PACIFICLOYERS INSURANCE
COMPANY D
LETTER
COMPANY E
LETTER L.
This is to certify that policies of insurano tis'ed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement. term or onditio
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 th
terms. e:dusions and onditions of such policies. -
•
COMPANY
COMPANY
LETTER Ty PE OF INSURANCE
A
A
B
�
GENERAL LIABILITY
E
i 2 COMPREHENSIVE FORM
® PREMISES -OPERATIONS
EXPLOSION AND COLLAPSE
HAZARD
® UNDERGROUND HAZARD
• PRODUCTS/COMPLETED - '
OPERATIONS HAZARD
I al CONTRACTUAL INSURANCE -
FA BROAD FORM PROPERTY '
DAMAGE
INDEPENDENT CONTRACTORS
® PERSONAL INJURY
Q
AUTOMOBILE LIABILITY
13
33
COMPREHENSNE FORM
OWNED
HIRED
NONOWNED
EXCESS LIABILITY
UMBRELLA FORM
❑ OTHER THAN UM BRELLA
FORM
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER •
POLIO.' NUMBER
650-146A005-8-TIA-82
650-146A005-8-TIA-82
MO 00'92 09 A .
DKUB-146A315-8-82
POLICY
EXPIRATION DATE
7-1-83
7-1-83
7-1-83
7-1-83
%_?-•*tect. s agris .cd i -A ....r .--•=ctits XxL-kG=..tel gam.' 'Y.Lx!iYa
ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES
Limits of Liability in Thousands (000)
EACH AGGREGAT
OCCURRENCE
BODILY INJURY
s 500 s 500
PROPERTYOAMAGE s 250
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
PERSONAL INJURY
BODILY INJURY
(EACH PERSON)
BODILY INJURY
(EACH ACCIDENT)
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$
$
s
$ 500
BODILY INJURY AND.
PROPERTY DAMAGE " $ 1 , 000
COMBINED
s 250
s 500
Cancellation: Should any of the above descr d policies be cancelled before the expiration date thereof. the issuing corn-
- 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,
FAYETTEVILLE
ARKANSAS 72701
ARKANSAS
DATE ISSUED
2-25-83
IN, INSURANCE AGENCY, INC.
AUTHORITED
RESENT A T NE
RICHARD A. NAYLOR
Route 4, Box 416
Fayetteville, Ark.
May 4, 1983
Mr. Don Grimes
City Manager
City of Fayetteville;
Interim City Hall
Fayetteville, Arkansas 72701
Dear'Mr. Grimes:
•
p
This letter is to advise you of a change that needs to be made in the height of
the bathhouse at Wilson Park. I am concerned that we will not have enough
height between the bathhouse roof overhang and the ramps to facilitate easy
access to the pool by someone pushing a wheelchair up the ramp. The wheelchair
will clear alright, but the person pushing it will have to stoop some to get
under the overhang at the pool.
It would be my recommendation that we raise the height of the walls on the
bathhouse and the outer breezeway walls by sixteen (16) inches or two blocks.
I have talked to Kan Ark Industries about this possible change and they have
given me a price of 31800.00 to raise the wall height as indicated above.
After walking around the decks and continuously looking at the bathhouse, I
feel this change would enhance the project and it's access.
If the wall heights are to be raised, it will need to be done immediately
and the City's approval of the change needs to be forwarded to Kan Ark Industries
as quickly as possible. Please advise me on this matter as soon as you can.
Sincerely,
Richard Naylor
RAN/tk
Copy to File
February 28, 1983
i X3
PAYETTEVILLE, ARKANSAS
P. 0. DRAWER F
Mr. Kenneth B. Ewing, President
Kan -Ark Industries, Inc.
P. 0. Box 2777
Rogers, Arkansas 72756
OFFICE OF CITY MANAGER
P2702 - (501) 521-7700
Dear Mr. Ewing:
This letter shall constitute your formal notice to commence work on the
Swimming Pool Renovation Project for the City of Fayetteville, Arkansas.
The contract has been signed and your bonds and insurance certificates
have been received.
We look forward to working with you on this project. Please feel free
to contact me if you have any questions or if there is any. way I might
be of assistance to you
Sincerely yours """
Donald L. Grimes
City Manager
DLG/tm
cc City Clerk
Richard Naylor
1
SPECIFICATION
RENOVATION OF THE SWIMMING .
POOL AND IT'S APPURTANCE
AT WILSON PARK
FAYETTEVILLE, ARKANSAS
Richard A. Naylor - Design Consultant
Gary L. Carnahan - Consulting Engineer
0
SCANNED