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Home My WebLink About77-96 RESOLUTIONRESOLUTION NO. 77-96 A RESOLUTION AWARDING BID NO. 96-23 IN THE AMOUNT OF $111,534.77, TO SHIPLEY MOTOR EQUIPMENT COMPANY TO PURCHASE A 1996 PLOW TRUCK AND SNOW PLOW. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That -the City Council hereby awards Bid No. 96-23, in the amount of $111,534.77, to Shipley Motor Equipment Company to purchase a 1996 plow truck and snow plow. A copy of the bid tabulation is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 2nd day of July , 1996. APPROVED: By: Traci Paul, City Clerk s Fred Hanna, Mayor • • 6 s z z z 1 1 .... >iOJ m nTfl IC7Q eja T09 TSL 9T:ST 96/90/90 BID 96-23 CONTRACT Ai PURCHASE OF A PLOW TRU AND 17 FOOT POWER REVERSIBLE SNOW PLOW CITY OF FAYEITEV1L E MUNICIPAL AIRPORT This agreement made the 14( day of Sti. f , 1996, by and between SHIPLEY MOTOR EQUIPMENT COMPANY 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 all necessary equipment, materials and incidental items, and all labor required to accomplish every detail in the purchase of a 1996 plow truck with 17 ft. power reversible snow plow for the Fayetteville Municipal Airport in accordance with the bid documents and specifications (bid 96-23), attached hereto and made a part hereof. For this work, a total amount "mot to exceed" $111.534.77 was bid. This project is to be considered a 'turn key" job and shall include all items as provisions set forth in the bid specifications. DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the City to terminate the contract for any of the following reasons, if the Contractor: a. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the unsuitable work or d. Discontinues the prosecution of the project, or e. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or f. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or g. Makes an assignment for the benefit of creditors, or • • h. For any other cause whatsoever, fails to carry on the delivery of equipment in an acceptable manner. Should the City consider the Contractor in default of the contract for any reason hereinbefore, the City shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the owner's intention to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the city will, upon written notification from the City of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The City may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the City will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the City, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the City the amount of such excess. TERMINATION FOR NATIONAL EMERGENCIES. The City shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or ni the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims • • • or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable matenals, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the City. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. The delivery date shall coincide with the number of days stated m the bid documents (1 0 calendar days) which was submitted to the Purchasing Officer. A fully executed performance bond will be furnished by contractor guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the contractor's performance of the work. Upon delivery a single lump sum payment will be made to the contractor by the City for the total amount of the contract. Allow twenty (20) working days for warrant processing. 1 N ii \• v c ;,ti`' CITY OF FAYEVILLE: ATTEST: CONTRACTOR: it( ,--2-/)The ATTEST: A-✓ly04./r4-ate_. 'v .1.. U I L.C/ a Contract 158 (Arkansas) (10-57) .17 }; y f \.?S'; . , . +. .t3.1 a -;22( t! ,: BM ,. , !L y J IltEI 1IIII11 4 .,,+. yl ,;.. !:_.+. 9 Is::y ram ;;, •?; ryi'::�5} ;;. p fya. t` UNITED STATES HDEL� "t . li ARANTYICOMPANY% •s I.^. ,'a -Jay,,. 1 ` :<96' (A Stoc ' Co pany) e ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND• We Shipley Motor Ec3uipnent Canpan.y, Inc. as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and authorized to do business in the State of Arkansas, as Surety, hereinafterh�called Surety, are held and firmly bound unto City...Qf .Eayettestills.•-.Inspo t..CYM4nl r:sian as Obligee, hereinafter called Owner, in +he amount of one.-±uncited-f^J,eyerl7fiwzbl R)Sar4'.4 -t?,X'#'Y.- ...- .four.0.7./.1.00--------------- a cDollars ($111..534. 77--- ) for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. .. al Principal has by written agreement dated .:..Ta -1.`-96 entered into a contract with Owner for providing a 1996 Mack Tractor a; 3 1 V% , which contract is by reference made a part hereof, and is '� hereinafter referred to as the Contract. THE CONDITION OP THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless +he 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. `A 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, v.. or the giving by +he 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 !A ' 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 forbearanceTBeini";,,.. hereby waived. \.�' «:. , y • a �j Ci In no even+ shall the aggregate liability of the Surety exceed the sum set out herein. . J; r Executed on this 15th. day of July 1996.... _ ° V v I "� = < r_ .v ..511.17 l ai. Qi,ir a.'�:, 0. ••; If Jw`1, jac...c.. ,- - v:T�. Of �ar1 gh 1 i1jy :' UNITED STATES'FIDELTY : i s PGOA' ' CO 'ANY c 40111 -ns, ,s.k ��i: — urety ,- '— -Attorney-in-fact " J.^�s. Pxyo , a .� i+ititqV.)iii:wifilli?U\\Svik'i::i1\\+ .o, . `1•'ll::::'.1li/tl:Wri:tt\ ++/l.)jib 1.• its ... W :a1 %.i:::l :ill\tai)wt'",isleFt."".t\l:•iYJiieBul��'l/t!:ii4\14'+Lt/iu'i1\4/iiul Contract 158 (Arkansas) (10-57) .17 United States Fidelity and Guaranty Company Power of Attomey No. 109681 1259799 4t2usFG- 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 Thomas Foltz , Jr . , Sam H. Phillips, Jr., James J. Pryor, Kenneth Adney, Rommy Henley and Tracy B. Person of the City of Fort Smith , State of Arkansas its true and lawful Attomeyls)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of quaraMeeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertaking required or permitted in any actions or proceedings allowed by law. 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 19th day of January , AD. 19 96. State o1 Maryland ) Baltimore City l United States Fidelity and Guarantyraw,Company, KL' (Signed) By (Signed) By SS: Vice Resident 0 ?4ti1V On this 19th day of January .A.0.19 96 . before me persodagl9 c_me Gary A. Wilson. Vice President of United States Fidelity and Guaranty Company, and Thomas J. Fitzgerald. Assistant Secretary of said Company, with tottikaf hom I am personaltylac uainted, who being by me severally duly sworn. said, that they, the said Gary A. Wilson and Thomas J. Fitzgerati were respectivefy]he ice -President and the Asirsrantf Secretary of the said United States Fidelity and Guaranty Company, the corporation described in and -O cb executed the foregoifig Power of Attorney that dreg E ti knew the seal of said corporation: that the seal affixed to said Power of Attomey was such corporate.seall»S t it was so affixed o t� o e `f es "tby:order of the Board of Directelsabf said corporation, and that they signed their names thereto by like order as Vice President and Assistant Secretary, respectively, ottharupany. lV� My Commission expires the 1st day �oof;; Adria A.D. 199$0 .lam ISigtafilk Bye. . This Power of Attorney is granted under andi adthority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and Guaranty Company on September 24. 1992: Resolved, that in connection with the fidelity and surety insurance business of the Company. all bonds. undertakings, contracts and other instruments relating to said business may be signed, executed. and acknowledged by persons or entities appointed as Attorneyls)in-Fact pursuant to a Power of Attomey issued in accordance with these resolutions. Said Powers) of Attorney tor and an behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman. or the President. or an Executive Vice President, or a Senior Vice Resident or a Vice President or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneyls)in-Fact for purposes only of executing in and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undenaking to which it is validly attached. Resolved, That Attorney(s)in-Fact shall have the power and authority. unless subsequently revoked and. in any case, subject to the terms and limitations of the Power of Attorney issued to them. to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I. Thomas J. Fitzgerald, an Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24, 1992 and that these Resolutions are in full force and effect. I, the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company. do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand an)Vdie seal g he United States Fid and Guaranty Company, on this 151tyof July .1996 0,': Assistant Secretary F5315-95) Assistant Secretary • • • THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Shipley Motor Equipment Company, Inc as Principal, hereinafter called the Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Fayetteville, Arkansas as Obligee, hereinafter called the Obligee, in the sum of five percent of bid NNAN44 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for a Mack truck for the Fayetteville Nhmicipal Aix port NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 5th it./� (Witness) Anafiti (Witness) ' day of June . Ce." 1,..;:t..19 96 . ' Shipley Motor Equipment Company.,_ Inc: { 01 (fg (P 'pap '.). -,..;••• ^ (Seal) Carl 'Sh3ple (Title)vice_president UNITED STATES FmELITY AND GUARANTY1:COMPANY 1 AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 Orb • United States Fidelity and Guaranty Company Power of Attorney No. 109681 1259726 $IUSFIG° 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 Thomas Foltz, Jr. , Sam H. Phillips, Jr., James J. Pryor, Kenneth Adney, Rommy Henley and Tracy B. Person of the City of Fort Smith . State of Arkansas its true and lawful Attorneyls-in-Fact. each in their separate capacity if more than ane is named above, to sign its name as surety to, and to execute. seal and acknowledge any and all bonds. undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertaking required or permitted in any actions or proceedings allowed by law. 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 19th day of January . A.D. 19 96. State of Maryland I Baltimore City ) United States Fidelity and Guaranty Company. (Signed) By (Signed) By SS: Vice President Assistant Secretary ;111 - On this 19th day of January , A.Dy19'6. before persoda1glcaYmeGiarry A. Wilson Vice President of United States Fidelity and Guaranty Company, and Thomas J. Fitzgerald, Assistant Seco tary•of said Company, with ,both o)rvv om I am personallF;acguainted, who being by me severalty duly sworn. said, that they, the said Gary A. Wilson and Thomas J. FF1zgerald'were respectively 0 V ce tresident and the Asst' S 'nt'Secretary of the said United States Fidelity and Guaranty Company, the corporation described in anda�wtxcT executed the foregoing Power of Attorney, hay Wilt -h. -knew the seal of said corporation; that the seal affixed to said Power of Attomey was such corporatesdal that it was so affixed by,erd1 of the Board of Directors%O said corporation. and that they signed their names thereto by like order as Vice President and Assistant Secifitary. respectively. otthd kn ny. SV My Commission expires the 1st day ....rd A.D.1998,Q" 41y��`v� ISignA By...y^ ieVO This Power of Attorney is granted under andikrthority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and Guaranty Company on September 24,1992: `y Resolved, that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings. contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as AttorneylsFin-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powedsl of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman. or the President or an Executive Vice President. or a Senior Vice President or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomeylsfin-Fact for purposes only of executing in and attesting bands and undertakings and other writings obligatory in the nature thereof. and, unless subsequently revoked and subject to any limitations set forth therein. any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. Resolved. Thal AttomeylsFin-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereof. and any such instrument executed by such Attorney(s)-in Fact shall be as binding upon the Company as if signed by arr Executive Officer and sealed and attested to by the Secretary of the Company. 1, Thomas J. Fitzgerald, an Assistant Secretary of the United States Fidelity and Guaranty Company. do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24, 1992 and that these Resolutions are in full force and effect. 1, the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In TestimonyWhereof. I have hereu tn.set hand an�die seal he United States Fid and Guaranty Company, on this 5th day of June ,19,0 FS 315-95) Assistant Secretary