HomeMy WebLinkAbout111-86 RESOLUTION•
RESOLUTION ND.i11_£2A
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A CONTRACT WITH NORTHWEST FIRE PROTECTION, INC. FOR THE
INSTALLATION OF A SPRINKLER SYSTEM IN THE "OLD WHITE HANGER"
AT DRAKE FIELD AT A IUFAL COST OF $33,510.00.
BE rr RESOLVED BY BOARD OF U1n CCOWS OF THE CITY OF FAY ETT VI IE,
ARKANSAS.
That the Mayor and City Clerk are hereby authorized..and directed
to execute a contract with Northwest Fire Protection, Inc. for the
installation• of a sprinkler system at the "Old White Hanger" at Drake
Field. A copy of the Contract authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this
4 day of November
1986.
CONTRACT AGREEMENT
7410tinitia
1. This Contra t and Agreement made and entered into this
ria day of `�/_ , 19_, by and between the City of
Fayetteville, Arkansas, Party of the First Part acting through its'
duly authorized representative, and t
2906
Party, of the Second Part:
WITNESSETH:
That for and in consideration of the payments to be made as
hereinafter set forth, the Party of the Second Part hereby agrees to
furnish all tools, labor, equipment, materials, and supplies required �f
to be furnished and to construct the improvements designated as ,SI`d. (9c�
tree -( 04 Thtifor the City of Fayetteville,
Arkansas, in exact accordance with the laps on file at the office of
the Party of the First Part, and Specifications, Proposals, Stipulations,
and Special Provisions attached hereto and made a part hereof as fully
as though copied herein, under the direct supervision and to the entire
satisfaction of the Party of the First Part and in accordance with the
laws of.the State of Arkansas.
2. It is further agreed and understood by and between the parties
hereunto that the Party of the First Part agrees to pay and the Party of
the Second Part agrees to accept as full and final compensation for all
work done under this agreement, the unit prices named in the Proposal
which is hereto attached, such payment to be made in lawful money of the
United States, 'at the time and in the manner set forth in the Specifications.
3. The Party of the Second Part agrees, for the consideration
above expressed, to begin and complete the work within the time specified
in the Proposal. If the Party of the Second Part shall fail to complete
the work in the time specified, he shall pay to the Party of the First
Part, as liquidated damages, ascertained and agreed, and not in the
nature of a penalty, the amount specified in the Proposal for each day
delayed, for each Schedule delayed, which shall be deducted from the
final amount to be paid under the contract, provided that extensions of
time with waiver of liquidated damages may be granted as provided for in
the Specifications.'
4. The Party of the Second Part agrees to furnish a Bond, with
an approved Surety thereon, guaranteeing the performance of this Contract,
as required by the laws of the State of Arkansas, and for not less than
one hundred (100) percent of the amount of this contract. Said Bond
shall be conditioned on full and complete performance of this Contract
and acceptance by the Water and Sewer Department for the payment of all
labor and materials entering into or incident to the proposed improvements
and shall guarantee the work against faulty workmanship or materials for
a period of one (1) year. after completion. The Surety en said Bond shall
PAGE 2
be a Surety Company of financial resources satisfactory to the Party of the
First Part, and authorized to do business in the State of Arkansas.
5. The Party of the Second Part agrees also to carry Public Liability
Insurance, Property Damage Insurance, and Workmen's Compensation Insurance
in amounts as required by these Specifications.
WITNESS OUR HANDS THIS 2 DAY OF
19g).
WITNESS:
SEAL (if any)
WITNESS:
Affix Corporate Seal here (if any)
Nae,
CITY OF FAYETTEVILLE
FAY LE, ARK
BY Q.t.-el/
MAYSR
•
KrFAtiuesr t'lU?t Ttatt
CONTRACTOR
NAME,PAIIAALAND
p TITIE V(ct
Pc). tx &237 Fr.Se -rn�
Business Address
Sa — c -c — ¥i f
Phone
Northwest Fire Protection, Inc.
2430 South Vicksburg
P.O. Box 6237
Fort Smith, Arkansas 72906
Coleman Farrar
Office (501) 646-8934
Residence (501) 632-3988
ES
jjt
UNITED STATES FIDEL
KNOW ALL MEN BY THESE PRESENTS:
THAT
BID BOND
ARANTY COMPANY
BOND NUMBER
Northwest Fire Protection, Inc.
of Fort Smith, Arkansas
as Principal , and UNITED STATES FIDELITY AND
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
as Obligee, in the full and just sum of --Five Percent (5%) Total Amount Bid
Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS. the said Principal is herewith submitting its proposal for Northwest Arkansas Hangar Museum
Fire Protection, in accordance with plans and specifications prepared by the
City of Fayetteville, Arkansas.
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of
the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered October 20, 1986
(Date)
Northyrgst lire Protection, Inc.
By
(SEAL)
G� e (i.4/.'cr24../ (SEAL)
UNITED STATES FIDELITY AND GUARANTY COMPANY
Hiller Attorney -In -fact
•
DEEDEE
jY
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 92513
Brow an Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized end existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
P. G. Brown, Gaylon B. Brown, Sam B. Hiller and Larry R. Clark
of the City of Port Smith
its true and lawful attorney s in and for the State g of
State of Arkansas
Arkansas and Oklahoma
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made apart of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever%btnaltt
anyone of the said P. G. Brown and the said Gaylon B. Brown and the
said Sam B. Hiller and the said Larry R. Clark
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused 'this instrument to be
sealed with its corporate seal, duly attested by thesignatures of its Vice -President and Assistant Secretary, 'this 20th day of
November ,A. D.19 81
.:=m..:.
t•..:5
UNITED STATES FIDELITY AND GUARANTY COMPANY.
.
di. ,r,. _ ,,,r B James A. Mappus
_ .(Signed)_
_
..". , .Vice•Preaident.
(SEAL)
• - (Signed) Ray ..H...Br.itt
A
:.,.jr4
STATE OF MARYLAND,'
BALTIMORE CITY,
Assistant Secretary.
"On this 20 t h . day of : November , A. D. 19 -81 before me personally came
James A. Mappus ,Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Ray H. Britt. 4-, , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said James A. Mappus
and Ray H. Britt were respectively the Vice -President 'andtheAssistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so .fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice•President
and Assistant Secretary, respectively, of the Company.. C at -,
My commission expires the first day in July, A. D. 19.92.. if
(SEAL) - (Signed).
-Margaret M. Hurst
Notary Public.
STATE OF MARYLAND
BALTIMORE CITY, ) Sct. ,.,.
I, Charles W. Mackey, Jr. , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 20th day of November .A.D.19 81
(SEAL) (Signed) Charles W. Mackey, JF
Ckrk o/ the Superior Court of Baltimore City.
tp. LbHik:gY::
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it•and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland. • - "' a '°•- "' ^'^ '— i• ..v • -
Therefore, be It Resolved, that this Company do, and it hereby does, .authorise and empower its President or either of itsVice-
.
Presidents in conjunction with its Secretary.or one of its Assistant Secretaries, .under its corporate seal, to appoint any person or .persons
as attorney or attorneys•in:fact. or agent -or agents of said Company, in its name and as its act, to execute and deliver any and all con-
tracts_guarenteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, .required or permitted in all actions or proceedings, or
by law allowed, and •
r
Also, in its name and as its attorney or attorneys-in•fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations. stipulations, undertakings or anything in the nature of -either of the same, which are or may bylaw,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United Stater. or of the Provinces of the
Dominion of. Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, 'required or permitted to be executed, made, taken, given,
tendered, accepted, filed or recorded for the security or -protection of, byor forany person or persons,corporation, body, office," interest,
municipality or other association or organization whatsoever, in any and all capacities whatsover, conditionedfor the doing or not doing
of anything or'any conditions which may be provided 'for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same. _ - •• -'
_..�..,..- .
- 1, - T. Hartley Marshall , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that.the_foregoing is a full, true and. correct copy of the original power of attorney given
by said Company to P. Brown,-Gaylon B. Brown, Sam B.'Hiller .and -Larry-R. Clark
;,
t,'. t
COPY OF RESOLUTION '':S.2..
:.:Y.. x.
�a t je..r.;.tip's�e-:ice.
•
. et
• E
of Fort Smith, Arkansas , authorizing and empowering them, to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and elect.. -
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company,, duly called and held at the office of the Company in the City of Baltimore, on'the lltb day of
July, 1910, at which meeting a quoriiits of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as nedorded in the minutes of said meeting.
In Testimony Whereof, 1 have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY -
COMPANY on ' October 2O, 1986 (Date)
•
•
•
Assistant Secretary.
PRODUCER
BROWN-HILLER-
P.O. BOX 705
SALI...ISAW, OK
INSURED
CLARK & ASSOC.
74955
NORTHWEST FIRE PROTECTION, INC
P.O. BOX 6237
FORT SMITH, AR 72906
I 10/28/86
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY
LETTER
C
COMPANY p
LETTER
COMPANY E
LETTER
COMPANIES AFFORDING COVERAGE
CONT]:NE:NTAI_. CASUALTY CO.
CNA INSURANCE: COMPANY
'SID Mei Si
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 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 THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES - -- ��•
CO
LTR
TYPE OF INSURANCE
GENERAL LIABILITY
A X COMPREHENSIVE FORM
X PREMISES/OPERATIONS
X UNDERGROUND
pecturcexamesE HAZARD
X PRODUCTS/COMPLETED OPERATIONS
X CONTRACTUAL
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY
POLICY NUMBER
OBP 1.0020755 7
POLICY EFFECTNE POLICY D(PIRATION
DATE (MWDD/Y1') DATE (MMWOMA1
1./01/66 1/01/87
AUTOMOBILE LIABILITY
B X ANY AUTO BUA000207558 1/01/66 1/01/87
ALL OWNED AUTOS (PRIV. PASS.)
ALLOWNED AUTOS (R TASS.
_ (KIR PRIV. PHAN
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
..._
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
I< EMPLOYERS' LIABILITY
OTHER
WC8O0207559
DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLESISPECIAL ITEMS
JOB: NORTHWEST ARKANSAS HANGAR
CITY OF FAYETTEV:LLL_E
:I.1:3 WEST MOUNTAIN STREET
FAYETTEV]:L..L..E, AR 72702
1/01/86 1/01/87
MUSEUM, FAYI=:TTE:VILJ._E, AR
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRENCE
BODILY
INJURY $
PROPERTY
DAMAGE $
BIS PO
COMBINED
AGGREGATE
$
$
$ $
500 500
PERSONAL INJURY $
I00LY
INJURY
(PER FERwN $
BODILY
RAJU
h EAACLB)FNO $
PROPERTY
DAMAGE $
BI 8 PD
COMBINED $
500
BIB PD
'
COMBINED $ $— •
STATUTORY
1 $ 1 0(EACH ACCIDENT)
$ 500 (DISEASE -POLICY LIMIT)
$ 100 (DISEASE -EACH EMPLOYEE)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORING REPRESENTATIVE
DI/1 A A 4 IA 1/ ti 41 -Pt
000000
Northwest Fire Protection Inc.
P. 0. Box 6237
Ft. Smith, Arkansas 72906
501-646-8934
WARRANTY
Northwest Fire Protection, Inc. warrantsthat the commodities covered by
our bid shallbe free from defects in material and workmanship under
normal use and service. Iwaddition, Northwest Fire. Protection, Inc.
will deliver new commodities of the latest design and model.
Should rock be
line, our unit
be totaled and
ROCK EXCAVATION - UNIT PRICE
encountered during the excavation for the outside fire
price will be $92.00 per cubic yard of rock removed to
added to our total contract price.
CONTRACTOR'S LICENSE NUMBER
Northwest Fire Protection's State Contractor's License Number is 86-128.
Our Arkansas Sprinkler License Number is FSS -017; and our RME is Mr. Ed
Bradshaw, Registration Number RME-019.
COMPLETION TIME
CONTRACT LET:
DESIGN -COMPLETED
ALLOW STATE REVIEW:
FABRICATION .6c DELIVERY:
INSTALLATION AND TESTING
COMPLETE:
October 20 1986
October 31, 1986
Four Weeks - November 30, 1986
December 8, 1986
December 31, 1986
>44
ffol
UNITED STATES FDELB
KNOW ALL MEN BY THESE PRESENTS:
BID BOND
IARANTY COMPANY
BOND NUMBER
THAT Northwest Fire Protection, Inc.
of Fort Smith, Arkansas
as Principal , and UNITED STATES FIDELITY AND
GUARANTY COMPANY,•a Maryland corporation, as Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
as Obligee, in the full and just sum of --Five Percent (5%) Total Amount Bid
Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submittingits proposal for Northwest Arkansas Hangar NOseum
Fire Protection; in accordance with plans and specifications prepared by the
City of.Fayetteville;,Arkansas.
de
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
i
time required, enter into a formal contract and give flood and sufficient bond to secure the performance of the terms and conditions of
^'the'contract, then this obligation to be void; otherwise the Principal and-Sorety will pay unto the Obligee the difference in moneybetween
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another "� _u y '
p g g y party to perfar t..•;'- k rrt ,:f,
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. .-4. ���^ •-=;
October 20, 1986 • t • =° _
Signed, sealed and delivered (Date) .... = ' �"t
..
North est ireFProtection, In'eJ^.;iSEAu.•
. U••lJK•E•Y.uAef-CIAM`mow r($FAU.e� '--
U$ITE0 STATES FIDELITY ANO UARAANTY-COMPANY, R,j
f
v - . 'c
1 • .1.1=.1....•,•
Attorney-in-fact:
..-
Sairi<�Hi /
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 92513
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
P.
G. Brown, Gaylon B. Brown, Sam B. Hiller .and Larry R. Clark
of the City of Fort Smith
ite true and lawful attorney s in and for the State
,Stateof Arkansas
s of Arkansas and Oklahoma
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds; and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
._ Lend - -.COMPANY, aycertified„cop rof which is.hereto- annexed and made a_paof
n this Power.- LAtttommeery the. said ,UNITED STATES._.
-FIDELITY AND GUARANTY COMPANY, throughus, its Board of Directors; hereby ratifies and-confirme;all`end whAtaoevetXhE]Isi1tY- _
anyone of the said P. G. Brown and the said Gaylon B. Browniand the
said Sam B. Hiller and the said Larry R. Clark a���die
`
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY hass caused this_instr muni to be
may lawfully do in the premises by virtue of these presents.
emoi:
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this; 20.fh;��q day of
November - , A. D. 19 81 sy_ ,'� t4
UNITED STATES FIDELITY AND GUARANTY. COMPANY.
By James A. Mappus
(SEAL)
STATE OF MARYLAND, )
BALTIMORE CITY,
1
On this20th day of. November , A. D. 19 81 before me personally came
James A. Mappus . ,Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Ray H. Britt. , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said James A. Mappus
-andd6RayLH:"Br1tt"”" ,;were :respectively'the.Vice-President.-and the, Assistant., Secretary."of_the said UNITED
a - STATES FIDELITY AND GUARANTY COMPANY,'the corporation described in arid which execuiei the'faregoing PowerofAttorney;— -W-
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice.President
and Assistant Secretary, respectively, of the Company..
My commission expires the first day in July, A. D. 1933.2..
(SEAL) (Signed). Margaret M. Hurst
ee:
(Signed)
(Signed)
....Ray H. Britt
Vice -President.
Assistant Secretary.
Notary Public.
STATE OF MARYLAND S
BALTIMORE CITY, �t
I, Charles W. Mackey, Jr. , Clerk of the Superior Court of, Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 20th day of November . . A. D. 19 81
(SEAL)
(Signed) Charles W. Mackey, Jr
Clerk of the Superior Court of Baltimore City.
•Lana sag toa7r!ery
(ma)
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