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HomeMy WebLinkAbout123-91 RESOLUTION• 1 RESOLUTION NO. 123-91 • 3 A RESOLUTION AUTHORIZING A CONTRACT WITH JERRY D. SWEETSER, INC. TO EXTEND THE SERVICE DRIVE AT THE AIRPORT FUEL FARM. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract in the amount of $11,987.50 with.a Jerry D. Sweetser to extend the service drive at the airport fuel farm. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 2nd day of July , 1991. APPROVED: //eFfeCii Mayor ,:' Nom~• §ATTEST: • F -`-'4113Y 1:4•2 City_ C 4j. '1 a� Ctig C erk j t. r pr'�"ff":t4'L�1.,to)N By: .'A Bid Number 91-30 CONTRACT FOR EXTENSION OF FUEL FARM ACCESS DRIVE This agreement made the 2nd day of July 1991, by and between Jerry D. Sweetser, Inc. hereinafter called "Contractor" and the City of Fayetteville, hereinafter called the "City" shall be utilized to provide the following services: The Contractor hereby agrees to provide design, construction and materials for a drive extension to be located to the east of the existing fuel farm shown on exhibit "A" of the bid documents for a total amount "not to exceed" $ 11,987.50 , This project is to be considered a "turn key" job and shall include all items and provisions set forth in the bid specifications attached hereto and made a part hereof. The project time frame shall coincide with the number of days stated in the bid documents which were submitted to the Purchasing Officer. Liquidated damages of $50 per day shall be assessed at the option of the City, and not a penalty, beginning on the first day following the completion time entered on this bid. If the bid exceeds $10,000, the Terms and Standard Conditions of the City of Fayetteville expressed in item 19. A/B/C shall be considered a binding part of this agreement and shall be provided by the Contractor. It is fully understood by both parties this project is contingent of a State Grant, should funding not occur, this bid and contract are considered null and void. A 10% retainage of the total project bid shall be held by the City until the project has been completed acgept-• by the City. CITY OF FAYETTEVILLE: ATTEST: „4/., CONTRACT ATTEST: PEGGY BATES PURCHASING OFFICER (501) 575-8281 BID NUMBER: 91-30 COMMODITY CLASSIFICATION: F.O.B.: Fayetteville, Arkansas INVITATION TO BID CITY OF FAYETTEVI LE, ARKANSAS DATE ISSUED: May 17, 1991 I BUYER: Peggy Bates BUYER'S PHONE 0: 501-521-4750 ITEM NO. DESCRIPTION • .Design and Construction of a Fuel Farm Access Drive Extention: Specifications for design criteria and .construction for the above listed project are attached, including contract documents. Design, construct and. furnish all -necessary material and labor for the construction of a Fuel Farm Access Drive Extension per attached specifications. UNIT PRICE FOR PAVEMENT MEASURED IN PLACE: DATE 6 TIME OF BID OPENING: June 5, 1991 , CONTRACT PERIOD OR DATE DELIVERY REQUIRED: BIDDERS GUARANTEED DELIVERY DATE: NOTE: ALL TERMS AND STANDARD CONDITIONS OF THE CITY OF.FAYETTEVILLE, ITEM 19 A/B/C WILL BE REQUIRED OF ANY BID EXCEEDING $10,000. Bid opening date, time and location: June 5, 1991 10:30 a.m. Room 326 City Administration Building QUANTITY UNIT PRICE 6zy MAILING ADDRESS: PURCHASING DEPT. 113 W. MOUNTAIN CITY ADMININSTRATION BLDG. ROOM 307 FAYETTEVILLE, ARKANSAS 72701 11:00 a.m. s.Yd. $'�g`�y::a TOTAL PRICING $ //,987.5 EXECUTION OF BID Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal including specifications, terms and standard conditions, and pertinent information regarding the articles being bid on, and agree to furnish these articles at the prices stated. UNSIGNED BIDS WILL BE REJECTED NAME OF FIRM: 3EkRY (0SwC-tri3Cre, tJlL BUSINESS ADDRESS, STREET 590 w. P2IOLA EDP' S•N ''lam// PHONE NUMBER 0193 -3026 CITU FA Y6/1 -6 -Vat I TITLE p/s ARKANSAS PREFERENCE REOUESTED: YES ( ) NO ( ) CASH DISCOUNT % DAYS IARKANSAS TAX PERMIT NUMBER: 1I -03991i9 STATE ARK 721o/ DATE 6/Srf 9 BID NO.: 91-30 INVITATION TO BID CONTINUATION SHEET EXTENSION OF FUEL FARM. SERVICE DRIVE PAGE 1 The City of Fayetteville Municipal Airport is seeking bids for the an extension of a service drive at the Airport. SCOPE OF WORK: Installation of approximately 625 square yards of Portland Cement Concrete Paving. The extension is approximately 270 feet in length and twenty feet in width (see attached layout). The work shall include the following: Excavating and re -compaction of existing material to provide sufficient sub -grade for an 8 inch Portland Cement Concrete Paving installation. If additional sub -grade material is required in addition to that available at the site, the cost of said material and installation should be incorporated into the project unit price. Sub -grade shall be proof rolled and approved by the Airport Manager or his designated representative prior to paving. The Contractor shall provide necessary construction staking to establish grades and proper drainage to match the existing facility and drive. The construction shall be completed in such a manner to allow for proper drainage of the entire drive area and create no areas of ponding. Pavement Design: 8" non -reinforced paving. Mix Design: 4000 PSI concrete with air entrainment Finish: Light Broom Skid Resistant Finish Joint Structure: Control Joints shall be sawed in a 10 x 10 foot pattern and the joints are to be filled with Dow 888 silicon joint sealer or a material of equal quality which is approved by the Airport Manager. Backfill: The edges of constructed drive shall be backfilled with excess excavated material. Any excess excavated material shall be removed from the site. The backfilled area shall be graded and seeded with Bermuda grass seed. The work shall be accomplished in a workman like manner, with safety as a primary concern. The work site is located inside the perimeter fence of the airport to the east of the fuel farm. Due diligence shall be taken to assure that no person other than those employees of the contractor enter the secured area of the airport. OF 3 BID NO.: 91-30 INVITATION TO BID CONTINUATION SHEET PAGE 2 The site shall be clear of all debris and the area swept. Schedule: The project is dependent of funding of a Grant from the State of Arkansas Aeronautics Commission which shall be acted upon July 3, 1991. Once the Grant has been received, Notice to Proceed shall be issued. A two week period, (14) days is being allowed for construction, with additional work day allowances should weather or ground conditions inhibit the project. Quotes for the project shall be made based on "Paving Measured in Place" on a unit price basis. Payment for the project shall be made in a lump sum upon acceptance of the work when completed by the Airport Manager (said acceptance shall not be unduly withheld upon completion of work). NOTE: This project is contingent of funding of a State Grant, if funding does not occur, this bid and associated contract are considered null and void. OF 3 I-1-1 BID NO.: 91-30 INVITATION TO BID CONTINUATION SHEET 3 3 PAGE OF Aviion APrApr'Ot Construction area is noted by hash mark; 1 U.S. MICHWAY 71 _..6.enAO er o r -r racoitme . CERTIFICATE OF INSURANCE PRODUCER Eason & Co., Inc. P.O. Box 4217 Fayetteville, AR 72702 INSURED Jerry D. Sweetser, Inc. 590 W. Poplar Fayetteville, AR 72702 ISSUE DATE (MM/DD/YY) 7/16/91 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. COMPANIES AFFORDING COVERAGE t. COMPANY A LETTER PI USF&G COMPANY LETTER COMPANY `. LETTER COMPANY D LETTER COMPANY LETTERE COVERAGES THIS IS TO CERTIFY THAT THE 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . ... '`... I CO TYPE OF INSURANCE POLICY POLICY EFFECTIVEOLICY EXPIRATION' LTR NUMBER i P DATE (MM/DD/YY) 1 DATE (MM/DD/VY) I GENERAL LIABILITY I • v 1. X 1 COMMERCIAL GENERAL LIABILITY 1CP30001039200 10/30/90 10/30/91 � r 1 *CLAIMS MADE ?OCCUR., ,. I. OWNER'S & CONTRACTOR'S PROT.' AUTOMOBILE LIABILITY I X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS Y HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY rX UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY 4 1 I1CP30001039200 1CP30001039200 3902852909 OTHER 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 -ACORD 25-S (7/90) 10/30/90 10/30/91 10/30/90 10/30/91 LIMITS GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. + E PERSONAL & ADV. INJURY EACH OCCURRENCE i FIRE DAMAGE (Any one fire) 1 MED. EXPENSE (My one person): COMBINED SINGLE LIMIT $2,000,000 $ $1,000,000 $1,000,000 $ 5A,000 $ $ BODILY INJURY ((Per person) BODILY INJURY {(Per accident) $ 5_, 000 000,000 PROPERTY DAMAGE 1 EACH OCCURRENCE 4 AGGREGATE $ $ 22, 000.1000 A$2.,000,000 STATUTORY LIMITS 91 3D 1D90 10/30/90 EACH ACCIDENT i$ / / / / T - .100 000 - 7 DISEASE—POLICY LIMIT $ _ 500'.000 j DISEASE—EACH EMPLOYEE IS �1 001..0:00— CANCELLATION ISHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 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. (AUTHORIZED REPRESEN Bob Davis ©ACORD CORPORATION 1990 }` 1 }Witty nTifrr \)1 irriieWnttieeristN/inl rr/lo� igrit` grINNnOMPirtiniyie?ryiffeWRji nrigif LNITED STATES HDEILI vfig\?':iYiJrew rtftel?? yf is AIRANTY. COMPANY (A Stock Company) ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We Jerry. P, Sweetser, Inc as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a coroporation organized and existing under the laws of the State of Maryland and authorized to do business in the State of Arkansas, as Surety hereinafter called Surety, are held and firmly bound unto ....C.ity.af..Fayet:te.v le as Obligee, hereinafter called Owner, in the amount of eleven thousand andcnine hundred and .eightymsexen. a td..59./.7.09 Dollars ($..11,98.7..50.... ), 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 furnishing all labor and materials for the designsand construction of a fuel farm access drive extension. 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 mak ng good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor o 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 his bond except by the Owner, unless it is brought in accordance with A.C.A. Section 22-9-403 (b) and A.C.A. Section 18-44-503 (b) (Supp. 1987) as amended. No suit, action or proceeding shall be brought by the Owner after two years from the date on which 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,otherforberance on the part of either the Owner or he Principal to the other shall not in any way releasOhe Prindipal and - the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors orassigns from their liability hereunder, notice o the Surety or Sureties of any such alteration,extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surely exceed the sum set out herein Executed on this16th day of Ju y , 19 914" /' Contract 158 (Arkansas) (11-89) Jerry D. Sweetser, Inc. 4 r3 3 • • Principal UNITED STATES FIDELITY AND G ByrideS Robert M. Davis TY COMPANY , ,\' -' Surety Attorney;to-fact - ` li n: ililiihnittt. (litiltl40.114)%l ante(blitklifita\fAiitivaifii;;(1an0 CERTIFIED COPY GENERAL POWER OF ATTORNEY No,. 100117 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 principa office at the City of Baltimore. in the State of Maryland, does hereby constitute and appoint Robert M. Davis t • s of the City of Fayetteville a State of Arkansas its true and lawful attorney in and for the State of Arkansas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part 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 the said '..‘d';;;Le 4r4 Robert M. Davis :ci S' .- • may lawfully do imtheipremises by virtue of hese presents. .Y,, i.. l.�+,j.a ; ln_Wftnesa Nhereof, the said UN TED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be • seared .with _tts,corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 31st day of • December , A. D. 19 87 (SEAL) STATE OF MARYLAND. BALTIMORE CITY, ss: (Signed) (Signed) UNITED STATES FIDELITY AND GUARANTY COMPANY. By W,J,D, Somerville, Jr Douglas R. Bowen Vice -President. Assistant Secretary. • On this Sat - • : day of December , A. D. 19 before me personally came W.J.D. Somerville, Jr. , Vice -President of the UNITED STATES FIDELITY _AND GUARANTY COMPANY and Douglas R. Bowen . 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 W.J D"' Somerville, Jr' . _.,, and ' Douglas R. Bowen I were respectively the Vice -President and the Assistant:Secrreteny of the sad d UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed fhe 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 thaiit was so fixed by order of the Board of Directors)of said corporation, and that they signed their names thereto. -by Itkeeorder as Vice.Piesident and Assistant Secretary, respectively, of the Company. 90 Hurst (SEAL) +.Y`�": •Lasing llil+afy • (HiQ) T66T ' 9T krnf vax1i1yayan A•LNVBV(1J QNY Ail -MOH SILV.LS (IUINn a4) 30 Ira+ alt Pn purl Lw las olunalaq a1g I IionaVM /roIr4nj rr •8anaaw pus Jo salnu!w all to papaooa se panty al09M 3441 p1) 'nopnlosu ppm ;o Sdoa naloa pus ono a s! 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'Luedwo3 pun ;o sung* so tats m yavpm-sCeuaoue 10 Lauson n suouad zo uouad Ln 1ulodde 01 lea; anlodJoa 11! iapun 'annaa3as lnu!ay n! 30 an 10 Lanno3S 1)1 ggst uollanlu0o u! nmp!nad -writ '1! ;o soya 3o tuapnad so soModwa pug as!1ogln 'scop &gang 1! pa 'op Lndwoa app pip 'palsy n aq 'amlasayj lgpgno;o sauot!nal Pug saaup/ad 3141 u! pug tams pat!un alp ;o auon+ray aq1 u! pus •puejhnNj Imp 13910 inns m salvo nll a! pin a 103 1311 of L1!uogme put iaMod g1cM I/au/0110 pug float nlodde Lasdwo° 1141 lags asaulanq ;o aonanuen lenlaaya aq1 30; Lnssaoau'11!'saaayM A4j NOLLII'IQSau 40 adO3 oft 'e •i ;; BID N0. STATE OF ARKANSAS INVITATION FOR BID ARKANSAS PREFERENCE CERTIFICATION PAGE: DOES NOT APPLY TO SERVICE CONTRACTS I hereby certify that the BIDDER: 1) Maintains at least one staffed office in this state: LOCATION AND PHONE NUMBER: 51e v• -I• Pe,vLAQ, i For not less than (2) successive years immediately prior to submitting bid, has paid taxes under the Arkansas Employment Security Act, §11-10-101 et seq. unless exempt therefrom, and either the Arkansas Gross Receipts Act, §26-52-101 et seq., or the Arkansas Compensating Tax Act, §26-53-101 et seq., on any property used or intended to be used for or in connection with the firm's business; AND 1443-30yb PLEASE CHECK TAXES PAID pc Arkansas Employment\Security Tax oc Arkansas Gross Receipts Tax Arkansas Compensating Tax AND Within the two (2) year period, has paid any taxes to one or more counties, school districts, or municipalities of the State of Arkansas on either real or personal property used or intended to be used for or in connection with the firm's business. }I PLEASE CHECK TAXES PAID K Real Property P( Personal Property W AS1r,•'0uvn C,,. NAME OF TAXING ENTITY (COUNTY, CITY, ETC.) P»);tZniVnrAMMM jtf/Wiu!niig.Wlt Irv!to lnFWilr 11fR?/.rsr'\lyd11 *w' 1IMMP? UNITED STATES FIDEL • KNOW ALL MEN BY THESE PRESENTS THAT Jerry D. . ...PT..tAgF BID BOND ?!Nlii �?r tyore gnrr \\111 BVtgtfrl tts tf ell iifftVt? if(rrfit?tPvr' ARANTY COMPANY BOND NUMBER I,f..x of EayetteyS..l.),.e.....Arkansas as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto City of Fayetteville as Obligee, in the full and just sum of Five Percent (5%, of 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 herewi h submitting its proposal for furnishing all labor and materials for the design and construction of a fuel farm access drive extentian. 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 termsand 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 9144.40t Sitted4AIL Secretary President 6/5/91 (Date) ....sIerry....A......$w mt,Sei'., Ina^ (BEAU v 4 (SEAL) UNITED STATES FIDELITY AND GUARANTY COMPANY Robert M. Davis Attorney-in-fact 0,11 5 jig artiAkawHi;iaNiLi i/ArdlaliktiabliiiilltailNkiai%IgAwswiutAud i tl(vimuttt+;,.:irthDiJ9iiitl d!LIUItL4iayEy WWWW. atalalWA Fi/tl'iElCa. CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 100117 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 Robert M. Davis of the City of Fayetteville its true and lawful attorney in and for the State of State of Arkansas Arkansas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part 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 the said Robert M. Davis 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 the signatures of its Vice -President and Assistant Secretary, this 31st day of December , A. D.19 87, (SEAL) STATE OF MARYLAND. BALTIMORE CITY, f °6 (Signed) (Signed) UNITED STATES FIDELITY AND GUARANTY COMPANY. By W,•,D, Sanervil e, Jr, Vice -President. Douglas R. Bowen Assis1e21t Secretary. On this 31st day of December- , A. D. 1987, before me personally came W.J.D. SaTerville, Jr. - , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Douglas R. Bowen , 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 W.J.D. Saflerville, Jr. and Douglas - R. Bowen were respectively the Vice -President and the Assistant 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. My commission expires the first day in July, A. D. 19 90 Margaret M. Hurst (SEAL) (Signed) FS 3 (147) Notary Public. 4 I • COPY OF RESOLUTION 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 fn States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; • Therefore, be It Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persona 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 contracts guaranteeing the fidelity of persona 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 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 by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, 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, by or for any person or Persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any end all capacities whatsoever, conditioned for 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, James M. C3xro11 i , 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 Robert M. Davis' of Fayettev].1JL' , Arkansas , authorizing and empowering him to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. 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 25th day of November, 1981, at which meeting a quorum 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 recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on June 3, 1991 (Date) Assistant Secretary.