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HomeMy WebLinkAbout192-05 RESOLUTION• • RESOLUTION NO. 192-05 A RESOLUTION AWARDING BID #05-60 TO EMERGENCY VEHICLES, INC. IN THE AMOUNT OF $185,800.00 FOR THE PURCHASE OF AN EMERGENCY RESPONSE TEAM VEHICLE FOR USE BY THE FAYETTEVILLE POLICE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid #05-60 to Emergency Vehicles, Inc. in the amount of $185,800.00 for the purchase of a an Emergency Response Team Vehicle for use by the Fayetteville Police Department. PASSED and APPROVED this 20th day of September, 2005. k•0tta Y 11/ O•Ps.•.-P •. `�9: =U• ;FAYETTEVILLE' �:1 ATTEST: V.9%.:76) - kr,./y :;KANS GOJ "numuXu%%• SON RA SMITH, City Clerk APPROVE By DAN COODY, Ma 1 David Bragg Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 9/20/2005 City Council Meeting Date Fleet Operations Division Action Required: • Operations IS /1101 &n, r82I% C \MA c ( f 5 Inc ./ d05-60 Department Approval of purchase of one expansion Mobile Command Unit for use by the Police Department 185,800.00 Cost of this request 9700.1920.5802.00 Account Number 05023.1 Project Number Budgeted Item X $ 188,000.00 Category / Project Budget Funds Used to Date 188,000 00 Remaining Balance Budget Adjustment Attached Emergency Response Team Vehicle Program Category / Project Name Vehicles and Equipment Program / Project Category Name Shop Fund Name Department' Director n-Cit4/PAY-- City y Attomey Fi ance and temal Service Director Mayor 9-g os Date l8' 01.5 Date 4- I2 -Q{ Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number Received in City Clerk's Office Received in Mayors Office Dal Comments: raveaevrle FLEET PPERATIONS 1525 S. Happy Hollow Road Fayetteville, AR 72701 Interdepartmental Correspondence To: Mayor/City Council Thru: Gary Dumas, Director of Operatior0 From: David Bragg, Fleet Operations Superintendents C' Date: September 2, 2005 Subject: Purchase of one Expansion Mobile Command Unit for the Police Department RECOMMENDATION: That City Council approve the purchase of one Expansion Mobile Command Unit for use by the Police Department from Emergency Vehicles, Inc. of Lake Park Florida BACKGROUND: Bid #05-60 was opened on August 16, 2005 for one Mobile Command Unit. One bid response was received from Emergency Vehicles, Inc. This bid meets all specifications. I recommend acceptance of the bid from Emergency Vehicles, Inc. in the amount of $183,685 plus $2115 for additional heat and air conditioning capacity not included in the specifications, but recommended as an option in the EVI bid. Further review by Fleet and Police Department staff confirms the need for this additional capacity. Total award amount is $185,800.00 Funds are available in 9700.1920.5802.00, Project #05023. The purchase of this expansion unit was approved by the Equipment Committee at the meeting on September 1, 2005. • • RESOLUTION NO. A RESOLUTION AWARDING BID #05-60 TO EMERGENCY VEHICLES, INC. IN THE AMOUNT OF $185,800.00 FOR THE PURCHASE OF A MOBILE COMMAND UNIT FOR USE BY THE FAYETTEVILLE POLICE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid #05-60 to Emergency Vehicles, Inc. in the amount of $185,800.00 for the purchase of a Mobile Command Unit for use by the Fayetteville Police Department. PASSED and APPROVED this 20th day of September, 2005. ATTEST: By!. S NDRA SMITH, lity Clerk 00,00 era APPROVED:. DAN COC , Mayor o • RESOLUTION NO. A RESOLUTION AWARDING BID #05-60 TO EMERGENCY VEHICLES, INC. IN THE AMOUNT OF $185,800.00 FOR THE PURCI-IASE OF AN EMERGENCY RESPONSE TEAM VEHICLE FOR USE BY TI -1E FAYETTEVILLE POLICE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid #05-60 to Emergency Vehicles, Inc. in the amount of $185,800.00 for the purchase of a an Emergency Response Team Vehicle for use by the Fayetteville Police Department. PASSED and APPROVED this 200' day of September, 2005. ATTEST: ti S o NDRA SMITH, lity Clerk r APPROVE rosi iV 1 !s' DAN 40ODY,'Mayo1. ; '! -fleni Emergency Vehicts, Inc. Manufacturer of QualityApparatus • Serving the Industry Since 1971 October 17, 2005 Peggy Bice, Purchasing Agent City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Re: P.O. #05-0001998-101 Mobile Command Unit Dear Ms. Bice: We would like to take this opportunity to thank you for selecting us to build your new Mobile Command Unit. Pursuant to your order, enclosed you will find our Performance Bond in the amount of $185,800.00. We look forward to the preconstruction conference, and the commencement of this fine apparatus. Meanwhile, if you have any questions, please feel free to call. Respectfully, EMERGENCY VE ICLES, INC. ave M. li rao Vice President DMTla Enclosure Cc: File RM2694 • 705 13'" Street - Lake Park, FL 33403-2303 Tel: 561.848.6652 • Fax: 561.848.6658 • E -Mail: gvi@evi-fl.com • Web Site: www.evi-fl.com • • Performance Bond Bond No.: 40087738 Contractor (Name and Address) Emergency Vehicles, Inc. 705 13th Street Lake Park, FL 33403-2303 561-848-6652 Owner (Name and Address) City of Fayetteville 1525 S Happy Hollow Fayetteville, AR 72701 479-575-8220 Surety (Name and Principal Place of Business) Platte River Insurance Company 1301 Hightower Trail, Suite 370 Atlanta, GA 30350 866-509-7322 CONSTRUCTION CONTRACT Date: October 5, 2005 Amount: One Hundred Eighty -Five Thousand Eight Hundred and 00/100 Dollars (5185,800.00) Description (Name and Location): Mobile Command Unit BOND Date: (Not Earlier than Construction Contract Date): October 14, 2005 Amount: One Hundred Eighty -Five Thousand Eight Hundred and 00/100 Dollars ($185 800.00) Modifications to this Bond: ® None [Mee Page 3 CONTRACTOR AS PRINCIPAL Company: Emergency Vgiticigs, Inc. (Corporate Seal) st R. Tete, President (Any additional signatures appear on page 3) SURETY Compan Platte f)9comPanY (Corporate Seal) rch Attorney -1n -Fact eral y (FOR INFORMATION ONLY -Name, Address and Telephone) Agent or broker Brown & Brown, Inc. P.O. Boz 5727 Ft. Lauderdale. FL 33310-5727 954-776-2222 Owner's Representative (Architect or Engineer) Page • I. The Contractor and the Surety. jointly' and severally, bind themselves. their heirs, executors, administrators. successors and assigns to the Owner for the performance of the Construction Contract which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1 3. If there is no Owner Default, the Surety's obligation undcr this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety al its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction contract. If the Owner. the Contractor and thc Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Conuactor's right to complete the contract. Such Contractor Default shall not be declared carper than twenty days after the Contractor and the surety have received notice as provided in Subparagraph 3.1 and 3.3 The Owner has agreed to pay the balance of the Contract Price to the surety in accordance with the Icons of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the teens of the contract with the Owner. 4. Whcn the Owner has satisfied thc conditions of Paragraph 3. the Surety shall promptly and at the Surety's expense lake one of the following actions: 4.1 Arrange for the Contractor. with the consent of the Owner, to perform and complete the Construction Contract. or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the thner for a contract for performance and completion of the Construction Contract arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concunence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issucd on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default. or 4.4 Waive is right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined. lender payment therefor to the Owner; or .2 Deny liability in whole or in pan and notify thc Owner cuing reasons therefore. • 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4 4, and the Owner refuses the payment tendered or the Surety has denied liability. in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract and if the Surety elects to act under Subparagraph 4.1. 4.2, or 4.3 above. then the responsibilities of the Surely to the Owner shall not be greater Than those of the Contractor undcr the Construction Contract and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the construction Contract, the surety is obligated without duplication for: 6.1 The responsibilities of the Contactor for correction of defective work and complete of the Construction Contract; 6.2 Additional legal, design, professional and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract actual damages caused by delayed performance or non-performance of the contractor. 7 Thc surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. Not right of action shall accns on this bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Conuact or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years alter the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. Whcn this bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond Page 2 12. DEFINITIONS 12 1 Balance of the Contract Price: The tocol amount payable by the Owner to the Contractor under the Construction Contract oiler all proper adjustments have bccn made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor i5 entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner. which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATION TO THIS BOND ARE AS FOLLOWS: NONE (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Emergency Vehicles, Inc. By: N/A Name and Title: Ernst R. Temme, President Address: SURETY Company: Platte River Insurance Company (Corporate Seal) By: N/A Name and Title: Gerald J. Arch, Attorney -In -Fact Address: Page 3 • Payment Bond Bond No.: 40087738 Contractor (Name and Address) Emergency Vehicles, Inc. 705 13th Street Lake Park, FL 33403-2303 561-848-6652 Owner: (Name and Address) City of Fayetteville 1525 S Happy Hollow Fayetteville, AR 72701 479-575-8220 Surety (Name and Principal Place of Business) Platte River Insurance Company 1301 Hightower Trail, Suite 370 Atlanta, GA 30350 866-509-7322 CONSTRUCTION CONTRACT Date: October 5, 2005 Amount: One Hundred Eighty -Five Thousand Eight Hundred and 00/100 Dollars ($185,800.00) Description (Name and Location): Mobile Command Unit BOND Date:(Not earlier than Construction Contract Date): October 14, 2005 Amount: One Hundred Eighty -Five Thousand Eight Hundred and 00/100 Dollars ($185,800.00) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Emergency Vehic ❑ None (Corporate Seal) R. Tettmme, P sident (Any addition'signatures appear on page 6) SURETY Company: Platte R. ® See Page 6 (Corporate Seal) pany Name an uc: a�. Ar• ttorney-In-Fact (FOR INFORMATION ONLY -Name, Address and Telephone) Agent or Broker Brown R. Brown. Inc. P.O. Box 5727 Ft. LaudcrdaleFL33310-5727 954-776-2222 Owner's Representative (Architect or Engineer) Page 4 • 1 The Contractor and thc Surety. jointly and severally, bind themselves. their heirs. executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall bc null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fumishcd for thc use in the performance of the Construction Contract provided thc Owner has promptly notified the Contractor and the Surely (at the address described in Paragraph 12) of any claims, demands, liens or suits to thc Contractor and the surety, and provided there is no Owner Default. 3 With respect to Claimants. this obligation shall he null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the surety (at thc address described in Paragraph 12) and sent a copy. or notice thereof, to thc (honer, stating that a claim is being made under this Bond and, with substantial accuracy. thc amount of the claim 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to thc Contractor and scnt a copy, or notice thereof, to thc Owner, within 90 days after having last perforated labor or last fumishcd materials or equipment included in thc claim stating, with substantial accuracy. thc amount of thc claim and the name of the parry to whom the materials were furnished or supplied or for whom the labor was done or performed, and 2 Have either received a rejection in whole or in pan from thc Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, have sent a written notice to thc surety (a1 thc address described in Paragraph 12) and sent a copy. or notice thereof, to thc Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice by Paragraph 4 is given by thc Owner to thc Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied thc conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take thc following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that arc undisputed and the basis for challenging any amounts That are disputed. • 6 2 Pay or arrange for payment of any undisputed amounts. 7 Thc Surcty's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Constmclion Contract shall bc used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Convector furnishing and the Owner accepting this Bond, they agree that all funds earned by the Convector in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use thc funds for the completion of the work. 9 Thc Surety shall not be liable to the Owner. Claimants or others for obligations of thc Contractor that are unrelated to the Construction Contract. The (Tuner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time. to thc Construction Contract or to related subcontracts, purchase orders and other obligations. I I No suit or action shall be commenced by a Claimant under this Bond other than in a coon of competent jurisdiction in thc location in which the work or pan of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone undcr the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall bc applicable. 12 Noticc to thc surety. the Owner or the Contractor shall bc mailed or delivered to thc address shown on the signature page. Actual receipt of notice by surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at thc address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in thc location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hercfrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon receipt by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: an individual or entity having a direct contract with thc Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. Page 5 Thc intent of this Bond shall be to include without limitation in the terms' labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the Jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract Thc agreement between the Owner and the Contractor identified un the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Emergency Vehicles, Inc. (Corporate Seal) By: N/A Name and Title: Ernst R. Temme, President Address: SURETY Company: Platte River Insurance Company (Corporate Seal) By: N/A Name and Title: Gerald J. Arch, Attorney -In -Fact Address: Page 6 • • CAPITOL INDEMNITY CORPORATION PLATTE RIVER INSURANCE COMPANY UNDERWRITERS INSURANCE COMPANY POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Your current policy or bond does not contain a terrorism exclusion. You should know that under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002 any losses caused by certified acts of terrorism, as defined in the Act, will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your premium attributable to coverage for acts of terrorism, as defined in the Act, is Zero ($0.00). That is because such coverage is already included in your current policy or bond and the rate used to calculate the premium for your current policy or bond did not include a separate charge for terrorism coverage. Future policy renewals may include a separate charge applicable to coverage for acts of terrorism, as defined in the Act. CGE 063A-2 (01-03) • 1' ( i . i .. •Y f f 1. i• .'Y Y Y 1 . I 1 1` ?:. 1 f .. , ./ s i -:1.J.: ,:C - t .(..c •.+ _i,�.;,e h.:1..:,;“1:7;:u, .. 14La.Jnl7id PLATTE RIVER INSURANCE COMPANY POWER OF' ATTORNEY 40087738 KNOW Alt MEN HY'rIIESE: PRESENTS. That PLATTE RIVER INSURANCE COMPANY. a corporation of the Sime of Nebraska, having its principal offices in the City of Madison. Wisconsin. dies make. constitute and appoint MICHAEL A. HOLMES, GERALD J. ARCH, SHAWN A. BURTON OR MICHAEL BONET OF FT. LAUDERDALE, FL its INC and lawful Aiinrney'(s)-in-fact. to make. execute. seal and deliver for and on its behalf. as surely. and as its act and deed. any and all bonds. tI undertakings and contracts of suretyship. provided that no bond or unknaking or contract of suretyship executed under this authority shall exceed in • - amount the sum of ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED 52.500,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE: RIVER INSURANCE; COMPANY at a meeting duly called and held on the 8th day of January. 2002. 'RESOINED. that the President. and Executive Vice -President. the Sccntary or Treasurer. acting inlividually or otherwise. he and thcy hereby am granted the power and audunization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thew -d. one or more vice-presidents. assistant secretaries and attnney(s)-in-fact. each appointee to have the powers and duties usual to such offices to the business of the Corporation: the signature of such office and seal of the Corporation may be alfxcd to such power of attorney or to any certificate relating thence by facsimile. and any such power of attorney or certificate tearing such facsimile signatures or facsimile seal shall he valid and binding upon the Corporation in the future with respect to any bond or undertaking or other venting obligatory in the nature thereof to which it is attxhed. Any such appoinbn:nt may be revoked, for cause. or without cause. by any of said officers. al any time: IN WITNESS WHEREOF. the I'LVVrE RIVER INSURANCE COMPANY has caused these presents to he signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by in President. this Sth day of January. 2(X)2. Attest: Thomas K. Manton Treasurer STATE: OF WISCONSIN COUNTY OF DANE PLATTE RIVER INSURANCE COMPANY 0 Davol F. Pauly President and CEO On the 8th day of January. 200_: tx:fore rte personally carne David P Pauly. to me known. who being by me duly sworn. did depose and say: that he resides in the County of Dane. State of Wisconsin: that he is President and CEO of PIAITE RIVER INSURANCE COMPANY. the corporation described in and which executed the above instrument: the he knows the seal of the said corporation: that the seal affixed to said instrument is such • corporate seal: that it was so affixed by order of the Board of Directors of said corpontian and that he signed his name thereto by like order. 4 STATE OF WISCONSIN COUNTY OF DANE: CERTIFICATE 9o4.4- 6cets-w Jane F. Endres Notary Public Dane Co.. WI My Commission Expires 3/23/2(03 I, the undersigned. duly elected to the office stated below. now the incumbent in PLATTE RIVER INSURANCE: COMPANY. a Nebraska Corporation. authorized to make this cendicate. DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and funhcnnore. that the Resolution of the Hoard of Directors. set forth in the Power of Attorney is now in forte. Signed and sealed at the City of Madison. State of Wisconsin This 14th dlay. or October 2005 ?roc James W. Smit Assistant Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE ▪ UPPER RIGHT HAND CORNER. THE BACK OF THIS DOCUMENT CONTAINS A WATERMARK. IF YOU HAVE ANY QUESTIONS CONCERNING TIIE AUTIIENIICITY OF TIIIS DO(:UMEENT CALI. 800.394.7806. • • .C..;(!ft t. I '1' 1 ` rb. E{f, i, 116- • P•letS t Ki i • .. i1;2'4 f. CC /et • so d Tr JO. • • -. .•• �•i4 •..."1. t ;1• r—t it.. :fir. >�-.i.. P7.7>,n. .i _e.f'1'. ...1T1 .�':Y1(, 1 Peggy Vice - Re: Performance Bond . From: "Dave" <dave@evi-fl.com> To: "David Bragg" <dbragg@ci.fayetteville.ar.us> Date: 9/19/05 12:34PM Subject: Re: Performance Bond David, Page 1 Short of adding some verbiage to your purchase order or comming up with a contract that specifically spells out what would occur if we were to default on this contract I think the performance bond would be the best protection for the City of Fayetteville. Attached is the sample performance bond. The cost to provide this bond through our insurance carrier is $2024.00. Please let me know if you need anything else. Dave/EVI V.P./Sales www.evi-fl.com 800-848-6652 ext. #204 Original Message From: "David Bragg' <dbragg@ci.fayetteville.ar.us> To: <dave@evi-fl com> Sent: Monday, September 19, 2005 11:08 AM Subject: Performance Bond Dave - Would you please send me a written quote for a performance bond we discussed last week on the Mobile Command Unit (Fayetteville bid #05-60) as well as proposed performance bond terms and language? This project is slated for Council approval tomorrow, and we would like to work out all of the necessary details to proceed ASAP. If you have an alternative suggestion to the bond to satisfy our concerns, we would be receptive. Regards, David David Bragg Fleet Operations Supt. City of Fayetteville 479-444-3494 • • • • CAPITOL INDEMNITY CORPORATION PLATTE RIVER INSURANCE COMPANY UNDERWRITERS INSURANCE COMPANY POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Your current policy or bond does not contain a terrorism exclusion. You should know that under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002 any losses caused by certified acts of terrorism, as defined in the Act, will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your premium attributable to coverage for acts of terrorism, as defined in the Act, is Zero ($0.00). That is because such coverage is already included in your current policy or bond and the rate used to calculate the premium for your current policy or bond did not include a separate charge for terrorism coverage. Future policy renewals may include a separate charge applicable to coverage for acts of terrorism, as defined in the Act. [Peggy Vice - Re: Performance Bond • Page 1 From: "Dave" <dave@evi-fl com> To: "David Bragg" <dbragg@ci.fayetteville.ar.us> Date: 9/19/05 12 34PM Subject: Re: Performance Bond David, Short of adding some verbiage to your purchase order or comming up with a contract that specifically spells out what would occur if we were to default on this contract I think the performance bond would be the best protection for the City of Fayetteville. Attached is the sample performance bond. The cost to provide this bond through our insurance carrier is $2024.00. Please let me know if you need anything else. Dave/EVI V.P./Sales www.evi-fl.com 800-848-6652 ext. #204 --- Original Message --- From: "David Bragg" <dbragg@ci.fayetteville.ar.us> To: <dave@evi-fl com> Sent: Monday, September 19, 2005 11:08 AM Subject: Performance Bond Dave - Would you please send me a written quote for a performance bond we discussed last week on the Mobile Command Unit (Fayetteville bid #05-60) as well as proposed performance bond terms and language? This project is slated for Council approval tomorrow, and we would like to work out all of the necessary details to proceed ASAP. If you have an alternative suggestion to the bond to satisfy our concerns, we would be receptive. Regards, David David Bragg Fleet Operations Supt. City of Fayetteville 479-444-3494