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Home My WebLink About21-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 21-18 File Number: 2017-0753 G&W DIESEL SERVICE, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF A 2018 PIERCE ARROW XT FIRE APPARATUS FROM G&W DIESEL SERVICE, INC. IN THE AMOUNT OF $893,472.00 PLUS A PERFORMANCE AND PAYMENT BOND AT A COST OF $3,000.00 PURSUANT TO THE HOUSTON- GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Fire Department needs to replace Unit 35, a 2004 E -One Pumper Fire Engine based on the recommendation of the Fleet Division; and WHEREAS, the City will receive a pre -pay discount of $35,329.00 in exchange for the purchase of a performance and payment bond at a cost of $3,000.00 which will allow the City to receive a net total discount of $32,329.00; and WHEREAS, the Fire Department recommends the purchase of a 2018 Pierce Arrow XT Single Axle 75' Quint Apparatus from G&W Diesel Service, Inc. NOW, THEREFORE 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 approves the purchase of a 2018 Pierce Arrow XT Single Axle 75' Quit Apparatus from G&W Diesel Service, Inc. in the amount of $893,472.00 plus a performance and payment bond at a cost of $3,000.00 pursuant to the Houston -Galveston Area Council Contract, approves a project contingency in the amount of $15,000.00, and authorizes Mayor Jordan to sign any contract or other document to exercise and pay for this approved contract. Page 1 Printed on 113118 Resolution: 21-18 File Number.' 2017-0753 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 1/2/2018 Attest: Sondra E. Smith, City Clerk Treasurer ,INN r Page 2 Printed on 113118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0753 Agenda Date: 1/2/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 22 G&W DIESEL SERVICE, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF A 2018 PIERCE ARROW XT FIRE APPARATUS FROM G&W DIESEL SERVICE, INC. IN THE AMOUNT OF $893,472.00 PLUS A PERFORMANCE AND PAYMENT BOND AT A COST OF $3,000.00 PURSUANT TO THE HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Fire Department needs to replace Unit 35, a 2004 E -One Pumper Fire Engine based on the recommendation of the Fleet Division; and WHEREAS, the City will receive a pre -pay discount of $35,329.00 in exchange for the purchase of a performance and payment bond at a cost of $3,000.00 which will allow the City to receive a net total discount of $32,329.00; and WHEREAS, the Fire Department recommends the purchase of a 2018 Pierce Arrow XT Single Axle 75' Quint Apparatus from G&W Diesel Service, Inc. NOW, THEREFORE 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 approves the purchase of a 2018 Pierce Arrow XT Single Axle 75' Quit Apparatus from G&W Diesel Service, Inc. in the amount of $893,472.00 plus a performance and payment bond at a cost of $3,000.00 pursuant to the Houston -Galveston Area Council Contract, approves a project contingency in the amount of $15,000.00, and authorizes Mayor Jordan to sign any contract or other document to exercise and pay for this approved contract. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 11312018 City of Fayetteville Staff Review Form 2017-0753 Legistar File ID 1/2/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item David Dayringer 12/14/2017 Submitted By Submitted Date Action Recommendation: Fire / Fire Department Division / Department Approval of a resolution to purchase a new quint apparatus for use by the Fayetteville Fire Department from G & W/EVS through the Houston -Galveston Area Council (HGAC) Contract # FS12-17 Member #14-3975. The purchase amount will be $893,472 plus the performance and payment bond cost of $3,000 for a total of $896,472 using the bonded pre -pay net discount; Approval of a Contingency in the amount of $15,000; And Approval of a Budget Adjustment 4470.300.8300-5802.00 4470.300.8300-5210.00 Account Number 03019.1 Project Number Budgeted Item? Yes Does item have a cost? Budget Adjustment Attached? Budget Impact: Sales Tax Capital Fund Fire Apparatus Purchases Project Title Current Budget Funds Obligated Current Balance Yes Item Cost Yes Budget Adjustment Remaining Budget 865,000.00 865,000.00 911,472.00 66,106.00 19,634.00 Previous Ordinance or Resolution # V20140610 Original Contract Number: Approval Date: Comments: The quote from G&W Diesel/EVS through the HGAC Contract # FS12-17 is for one Pierce Arrow XT Single Axle 75' Quint Apparatus for $928,801 with pre -payment discount of $35,329.00 minus the cost of $3,000 for the Performance and Payment Bond. This makes the amount $896,472.00. With approval of contingency funds of $15,000 added, the total funds needed will be $911,472.00. The Budget Adjustment will allow for funds in Capital Project: Fire Apparatus Purchases Project #03019.1. CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 2, 2018 TO: Mayor and City Council FROM: David Dayringer, Fire Chief DATE: December 14, 2017 CITY COUNCIL MEMO SUBJECT: Approval of a resolution to purchase a new quint fire apparatus for use by the Fayetteville Fire Department; Approval of a Contingency in the amount of $15,000; And Approval of a Budget Adjustment RECOMMENDATION: Approval of a resolution to purchase a new quint fire apparatus for use by the Fayetteville Fire Department from G & W/EVS through the Houston -Galveston Area Council (HGAC) Contract # FS12-17 Member #14-3975. The purchase amount will be $893,472 plus the performance and payment bond cost of $3,000 for a total of $896,472 using the bonded pre -pay net discount; Approval of a Contingency in the amount of $15,000; And Approval of a Budget Adjustment. BACKGROUND: We will be replacing (fleet recommendation) unit 35, a 2004 E -One Pumper Fire Engine. The replacement will be a 2018 Pierce Arrow XT Single Axle 75' Quint Apparatus. The Fire Department's internal equipment committee has spent almost a year in developing specifications to customize a fire truck for Fayetteville's unique features such as narrow streets and mountainous terrain. This makes it the best buy for the City. They have chosen a unit from Pierce Manufacturing through G&W Diesel/EVS. The truck recommended by the Fire Department was presented to the Council Equipment Committee at their meeting of December 12, 2017. DISCUSSION: The unit proposed for purchase is a 2018 Pierce Arrow XT Single Axle 75' Quint Apparatus. The truck is designed and built to National Fire Protection Association (NFPA) 1901, Standard for Fire Apparatus. By adhering to these standards, the Fire Department is assured of getting the necessary required equipment. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The quote from G&W Diesel/EVS through the HGAC Contract # FS12-17 is for one Pierce Arrow XT Single Axle 75' Quint Apparatus for $928,801 with pre -payment discount of $35,329.00 minus the cost of $3,000 for the Performance and Payment Bond. This makes the amount $896,472.00. With approval of contingency funds of $15,000 added, the total funds needed will be $911,472.00. The approval of the Budget Adjustment will allow for the purchase of the new fire apparatus in January to receive the discount price before the February apparatus price increase. The purchase must occur prior to the March,2018 re -appropriations. This will enable the discounted purchase to occur. ATTACHMENTS: Purchasing Documentation; Budget Adjustment � CONTRACT PRICING WORKSHEET ��llt�4 �1 For MOTOR VEHICLES Only Contract FS12-17 No.: ! I Date i 11/16/17 Prepared: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, bot11 documents MUST be fared to H --GAC 713-993-4548. Therefore please type or print legibly. Buying �Fayetteville Fire Department Agency: Contractor: i G&W/EVS { Contact iMarley Hunt Person: PreparedScott Jones By: Phone: j479-575-8365 Phone: 479-422-6800 Fax: Fox: Email: ihhLint0ayet.teyille-ar-go Email: islone _ gweys.cofn Product `. TA01 Code: Description: F Enforcer Chassis 4 Door Full Tilt Alum Cab, Formed Alum Body, Single Axle 75' Ladder A. Product Item Base Unit Price Per Contractor's H -GAC Contract: $746,013.00 IB. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Cost Description 1 Cost 101 Add "L" Frame Liner € $1,729.00 145 Bumper Tray With Cover ! $1,014.0 103 Upgrade to 22,800# front axle ; $2,203.00 147 Linex Bumper Coating $398.00 106 TAK 4 Supension $15,969.00 148 Minors Bus Style Cab Corner $2,980.0 11 I Tire Chains Rear Axle 1 $4,398.001153 Mounting Plate On Engine Tunnel ; $404.0 114 Aluminum wheels Front$2,187.00 164 Handsfree SCBA x 4 @ 731 $2,924.0 115 Aluminum Wheels, Rear Single Axle $3,874.00 172 Upgrade Enforcer To Arrow ! $39,006.00 119 Mud Flaps = $578.00 179 Spare Radio Wiring $120.00 120 Wheel Chocks and Mounts 3 $921.00 180 Radio Weatherband $1,168.0 '125 Air Inlet $690.00 183 Install Customer MDT With Power Wiring $993.00 '128 Brake Fittings Compression Type $1,370.00 191 Camera System sides and Rear $2,151.0 133 Detroit DD13 470 to Cummins ISX 505 HP I $15,835.00 Subtotal From Additional Sheet(s): $62,626.0 143 Add Extended Bumper $2,641.00 Subtotal B: $166,179.OQ C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description i Cost Description Cost i • Subtotal From Additional Sheet(s): $14,609.0 [ Subtotal C: i $14,609.0 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit# For this transaction the percentage is: 1.60° Price plus Published Options (A+B). Ip. Total Cost Before Any Applicable Trade -In / Other Allowances / Discounts (A+B+C) Quantity Ordered: � X Subtotal of A + B + C. 926801 - Subtotal D: $926,801.00 E. H -GAC Order Processing Charge (Amount Per Current Policy) Subtotal E:. $2,000.0 IF. Trade -Ins / Other Allowances / Special Discounts / Freight / Installation Description i Cost Description Cost Performance Bond 5 $3,000.00 Aerial Pre -Payment Discount 100% Pre -Payment Discount -$35,329.00 Trade-in Allowance Subtotal F:s -$32,329.0 Delivery Date:: G. Total Purchase Price (D+E+F): $896,472.oQ City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FIRE (300) 2018 (BY) Requestor: David Dayringer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Adjustment of funds within project to allow for purchase of new fire apparatus in January to receive discount price before February Apparatus Price Increase. Purchase must occur prior to the March,2018 re -appropriations. This will enable the discounted purchase to occur. RESOLUTION/ORDINANCE COUNCIL DATE: LEGISTAR FILE ID#: 1/2/2018 2017-0753 3 av-lwwcv FeLL 1211512017 2:05 PM Budget Director TYPE: DESCRIPTION: GLDATE: POSTED: Date TOTAL 66,106 66,106 v.20170707 Increase / (Decrease) Projec#.Sub# Account Number Expense Revenue Project Sub AT Account Name 4470.300.8300-5802.00 50,795 03019 4470.300.8300-5210.00 15,311 - 03019 4470.001.9470-4999.99 - 66,106 1 EX Vehicles & Equipment - base 1 EX Minor Equipment-: RE Use Fund Balance - Current C:\Users\losmith\AppData\Roaming\L5\Temp\cO9bd8b1-14ae-4c43-ab52-002109e7dOdO 1 of 1 MEMORANDUM Date: January 23, 2018 To: Amanda McCain G & W Diesel Services, Inc. Regarding: Contract Date (4 W El iF7 -';10j v as All. Together. Certain. Hays Companies 1200 North Mayfair Road, Suite 100 Milwaukee, WI 53226 414.443.0000 phone 414.259.8448 fax www.hayscompanies.com We have been advised by the surety not to put any dates on the bond or Power -of -Attorney or any other forms that require a date when there is not a contract date. The potential exists for the bond to be voided if the contract date is later than the signed and sealed date on the bond and applicable forms. When the contract date is known, it must be entered on the bond. The signed and sealed date on the bond and Power -of -Attorney and any other attachments must also be entered and must match the contract date. The contract date must then be forwarded to Hays Companies for entry into our system. If you have any questions, please contact us. Thank you, Cathy Hutson Assistant Vice President 414-290-3583 chutson@hayscompanies.com sTompanies.com vaceIN A-1) �p,N 3 � 2018 PvaCNAS�NG Bond No. 9276358 Fidelity and Deposit Company of Maryland HOME OFFICE 3910 KESWICK ROAD BALTIMORE, MARYLAND 21211 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT, G & W Diesel Services, Inc. dba EVS 892 Kansas, Memphis, TN 38106 FidelityandDeposiCompany of Maryland (hereinafter called Principal), as Principal and 1299 Zurich Way, 5th Floor, Schaumburg, IL 60196-1056 a corporation organized and existing under the laws of the State of MD with its principal office in the City of Schaumburg, IL , (hereinafter called Surety) as Surety are held and firmly bound unto City of Fayetteville (hereinafter called the Owner) and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the 'ust and full sum of Nine Hundred Twenty Eight Thousand Eight Hundred One Dollars and 00100 Dollars ($928,801.00 ) to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 3 day of c(mOl , for One (1) Pierce Arrow -XT Aerial PUC 75' Heavy Duty Ladder which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall fully indemnify the Owner from and against any failure on his/her part faithfully to perform the obligations imposed upon him/her under the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit, subject, however, to the Owner's priority, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within two years after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Owner; but if there is any maintenance or warranty period provided in the contract for which said Surety is liable, an action for such maintenance or warranty may be brought within two years from the expiration of said maintenance or warranty period, but not afterwards. IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this dayof SAV4!&fsj , G & W Diesel Services, Inc. dba EVS Witness: Principal L. Witness: Sarah E. DeYo Fidelity and Deposit Company of Maryland Surety By: Cathy Hutso Attorney -In -Fact ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel J. SAPIRO, Daniel J. KWIECINSKI, Wendy S. MILLER, Kathleen A. CRARY, Cathy HUTSON, Lisa M. SLAKES, Sarah E. DEYOUNG and Lucy A. HANTZSCH, all of Milwaukee, Wisconsin, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of September, A.D. 2017. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ti� 7 "',��v�'a ��p��lF•� m1 SSAL --• i _._ io_ .Z oS 'M Secretary Vice President Eric D. Barnes Michael Bond State of Maryland County of Baltimore On this 25th day of September, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. I1111111\\ . Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 184-6514C ,, EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the 'attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and -seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of . / 20JU. 'amu ocrof� +�oi+!�q��' •.. a►Y o AS -u, # Itf► � y ia, `, 1888 ,%��ti � Gerald F. Haley, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 MEMORANDUM Date: January 23, 2018 To: Amanda McCain G & W Diesel Services, Inc. Regarding: Contract Date (4 W El iF7 -';10j v as All. Together. Certain. Hays Companies 1200 North Mayfair Road, Suite 100 Milwaukee, WI 53226 414.443.0000 phone 414.259.8448 fax www.hayscompanies.com We have been advised by the surety not to put any dates on the bond or Power -of -Attorney or any other forms that require a date when there is not a contract date. The potential exists for the bond to be voided if the contract date is later than the signed and sealed date on the bond and applicable forms. When the contract date is known, it must be entered on the bond. The signed and sealed date on the bond and Power -of -Attorney and any other attachments must also be entered and must match the contract date. The contract date must then be forwarded to Hays Companies for entry into our system. If you have any questions, please contact us. Thank you, Cathy Hutson Assistant Vice President 414-290-3583 chutson@hayscompanies.com sTompanies.com vaceIN A-1) �p,N 3 � 2018 PvaCNAS�NG Bond No. 9276358 Fidelity and Deposit Company of Maryland HOME OFFICE 3910 KESWICK ROAD BALTIMORE, MARYLAND 21211 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT, G & W Diesel Services, Inc. dba EVS 892 Kansas, Memphis, TN 38106 FidelityandDeposiCompany of Maryland (hereinafter called Principal), as Principal and 1299 Zurich Way, 5th Floor, Schaumburg, IL 60196-1056 a corporation organized and existing under the laws of the State of MD with its principal office in the City of Schaumburg, IL , (hereinafter called Surety) as Surety are held and firmly bound unto City of Fayetteville (hereinafter called the Owner) and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the 'ust and full sum of Nine Hundred Twenty Eight Thousand Eight Hundred One Dollars and 00100 Dollars ($928,801.00 ) to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 3 day of c(mOl , for One (1) Pierce Arrow -XT Aerial PUC 75' Heavy Duty Ladder which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall fully indemnify the Owner from and against any failure on his/her part faithfully to perform the obligations imposed upon him/her under the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit, subject, however, to the Owner's priority, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within two years after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Owner; but if there is any maintenance or warranty period provided in the contract for which said Surety is liable, an action for such maintenance or warranty may be brought within two years from the expiration of said maintenance or warranty period, but not afterwards. IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this dayof SAV4!&fsj , G & W Diesel Services, Inc. dba EVS Witness: Principal L. Witness: Sarah E. DeYo Fidelity and Deposit Company of Maryland Surety By: Cathy Hutso Attorney -In -Fact ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel J. SAPIRO, Daniel J. KWIECINSKI, Wendy S. MILLER, Kathleen A. CRARY, Cathy HUTSON, Lisa M. SLAKES, Sarah E. DEYOUNG and Lucy A. HANTZSCH, all of Milwaukee, Wisconsin, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of September, A.D. 2017. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ti� 7 "',��v�'a ��p��lF•� m1 SSAL --• i _._ io_ .Z oS 'M Secretary Vice President Eric D. Barnes Michael Bond State of Maryland County of Baltimore On this 25th day of September, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. I1111111\\ . Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 184-6514C ,, EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the 'attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and -seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of . / 20JU. 'amu ocrof� +�oi+!�q��' •.. a►Y o AS -u, # Itf► � y ia, `, 1888 ,%��ti � Gerald F. Haley, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Pierce Fire Apparatus Purchase Ladder 7 Change Order City of Fayetteville Staff Review Form 2018-0648 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item David Dayringer 11/13/2018 FIRE (300) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests the Mayor's approval of change order items connected to Resolution #21 -18 --Pierce Fire Apparatus Purchase (Ladder 7) to allow for payment of Change Order#43901 in the amount of $14,937.15. 4470.300.8300-5802.00 Account Number 03019.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget impact: - Sales Tax Capital Fund Fire Apparatus Purchases Current Budget Funds Obligated Current Balance Item Cost Project Title $ 1,015,795.00 - $ 896,447.00 $ 119,348.00] $ 14,937.15 Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ 104,410.85 V20180121 Purchase Order Number: 2018-00000090 Previous Ordinance or Resolution # Resolution #21-18 Change Order Number: Approval Date: Original Contract Number: 2018-00000007 Comments: The total amount of $896,472 was paid by Purchase Order #2018-00000090 in January, 2018. Change Orders add an additional amount of $14,937.15 which is covered in the contingency amount approved by Resolution #21-18. The Change Order amount can be paid with Purchasing Card. '.. CITY OF FAY.ETTEVILLE _ARKANSAS TO: Mayor Jordan FROM: David Dayringer, Fire Chief DATE: November 13, 2018 STAFF MEMO SUBJECT: Approval of Change Order Items for Pierce Apparatus -Purchase per Resolution #21-18 - RECOMMENDATION: Staff requests the Mayor's approval of change order items connected to Resolution #21-18— Pierce Fire Apparatus Purchase (Ladder 7) to allow for payment of Change Order #43901 in the amount of $14,937.15. _ BACKGROUND: The new unit will be a 2018 Pierce Arrow XT Single Axle 75' Quint Apparatus. The total amount of $898,472 was paid by Purchase Order #2018-00000090 in January,2018. Change Orders were made to the apparatus adding an additional amount of $14,937.15 which is covered in the contingency amount approved by Resolution #21-18. DISCUSSION: The truck is designed and built to National Fire Protection Association (NFPA) 1901, Standard for Fire Apparatus. NFPA standards spell out the necessary equipment required and the performance specifications for a certified fire apparatus. By adhering to these standards, the Fire Department is assured of getting the necessary required equipment. The Fire Department's internal equipment committee reviewed the specifications from Pierce Manufacturing and modified some of these specifications which create the Change Order #43901 BUDGETISTAFF IMPACT: The funds for the Apparatus change order items are budgeted and available in the Fire Apparatus Purchases Account 4470.300.8300-5802.00 Project #03019.1 Attachments: Change Order Summary Sheets, Resolution #21-18 Mailing Address: 113 W. Mountain Street WWW.fayetteville-ar.gov Fayetteville, AR 72701 FD,CSel Senmces in - 892 Kansan Street 1400 &W. Martin Th h v 3502 Olekerean Pike 3iemphis, TN 38106 Conway, AR 72032 NashvUk, TN 37207 Phone901-94&1625 Phm,501-327-4450 Phone 615-S26-1928 Fa: 901-942.2724 F-501.327-1208 Pax 615-526-9603 INVOICE Remit To: G&W Diesel P.O. Box 257 Memphis, TN 38101 Bill To: FAYETTEVILLE FIRE DEPT Ship To: FAYETTEVILLE FIRE DEPT 303 WEST CENTER ST 303 WEST CENTER ST FAYETTEVILLE AR 72701 FAYETTEVILLE AR 72701 # Orider t�_ Customer�'t Customer P.O. # Ter Sallesperson Dt Order iDt 5 43901 999990 NET 10TH PROX OUR TRUCK F 8 11/12/18 ITL Units U/ Item Description Iso Unit Price Amount - FOR 75' PUC - JOB NUMBER 32419 1 X3314022200301 5041.00 5,041.00 SCOTT AIR PAK 4.5 X3CGA SHOD/PASS/DEB 2 X3314022200302 5041.00 10,082.00 SCOTT AIR PAK 4.5 X3 CGA w/ - PASS, OD REGULATOR, DUAL EBSS 3 EA 804722-01 950.10 2,850.30 SCOTT 4.5 CARBON CYLINDER i 45 MIN. - 1- =A 'NSTK 2279.00 -2,279.00 CHANGES FROM PRE AND FINAL ON JOB NUMBER 32419 1- =A "NSTK 807.15 -807.15 REMAINDER OF PAC ALLOWANCE (Continued on Page 2 ) 842 Kmtaae Street 1400 E.W. Martin DAve 35M Dkke Fika MarrFw TN 38106 Conway. AR 72032 NmhvW, . TN 37201 Fhana 401.448.1625 Fhatta 501-327-4450 Fitorm 61SIS16-l"s Fax 461-442-2734 For 561J27.3308 Pax 615336.4605 Bill To: FAYETTEVILLE FIRE DEPT 303 WEST CENTER ST FAYETTEVILLE AR 72701 INVOICE. Remit To: G&W Diesel P.O. Box 257 Memphis, TN 38101 Ship To: FAYETTEVILLE FIRE DEPT 303 WEST CENTER ST FAYETTEVILLE AR 72701 e'� Orales # __CustomerCustottw P.O.cwDt order Dt 805 43901 999990 NET 10TH PROX OUR TRUCK F 2/18 11/12118 ITL Units U Item Description Isc Unit Price Amount (Page 2 } Subtotal 14,887.15 SHIPPING CHARGES 50.00 Total Due 14,937.15 No returns on special orders. - 20% restocking tee on items returned for credit. All WBn9aImS on thane pens are the manut Kuws.7he saw, G&W Diesel SeMce, Inc hwsWexprssstydlsdaimS aU WWMtl$S, eilw oomss or ImpUad, inckdrog any Impied Wananty ofmarchg%1.1 yaUhtass tarapeninde purpose, end G&W gesei SaMce,t+tc. neltlrer eswmes rroreulhor'ess aN ottarr parson to essunre fm itany UebtUlytn Canecaan rAtll Ota sale of these parts. 7tss distlelmer by Ore Sallar. G&W Diesel SeMce, Inc. in no we/ effects th tams otdr0 meMecauera Wart8Z -4c�30luva TM EMERGENCY VEHICLE SPECIALISTS CONWAY, AR OLIVE BRANCH, MS SALES QUOTE Toll Free: 800-233-5053 Fax: 501-327-3208 www.p-wevs.com MEMPHIS, TN Batt TO: SHIP TO.- Fayetteville O.Fayetteville Fire Ladder 7 Telephone: Attention: Brad Hardin Fax: Salesperson: Jones, S Ship Complete: Yes Date: Payment 11/2/2018 1 Net 30 Freight: Included - See Below Quote Number SJ -18-L7 Customer Purchase Order • DESCRIPTION $ UNIT 5 - $ TOTAL - 1 PAC Allowance $ (3,000.00) $ (3,000.00) 2 Hydrant Spanner Combo With Mounting $ 93.15 $ 186.30 1 Removed From Shelf, Need i More $ $ - i Spanner Wrench with Mount $ 80.30 $ 80.30 Got off Shelf $ - $ - 2 2.5 Gal Water Extinguisher $ 95,20 $ 190.40 1 20# ABC extinguisher $ 112.15 $ 112.15 3 Vechile Brackets $ 38.30 $ 114.90 1 Hooligan Tool $ 101,20 $ 101.20 Took of shelf put it on pallet $ - $ - 2 Quick Loc 2.5" Mounting $ 31.70 $ 63.40 1 PAC K-5003 $ 205.10 $ 205.10 4 10011-lookloks $ 25.60 $ 102.40 8 1004 Handlelok $ 32.40 $ 259.20 2 1042-2 2.5" Adapter $ 39.20 $ 78.40 3 1042-D 2.5" Dual Adapter $ 54.00 $ 162.00 2 1040-4 Storz Lok 4" $ 36.95 $ 73.90 2 1040-5 storz Lok 5" $ 42.60 $ 85.20 7 1070 Jumbo Loc $ 54.00 $ 378.00 1 Changed from pre and finial $ (2,279.00) $ (2,279.00) 3 Scott Airpack, 4500 PSI, QC Regulator, Dual EBSS, Gauge, $ 5,041.00 $ 15,123.00 HUD, PASS $ - $ - 3 SCBA Bottle, 4500 PSI, 45 Min $ 950.10 $ 2,850.30 $ - S - S 5 - $ - $ - $ - $ - $ - EMERGENCY VEHICLE SPECIALISTS CONWAY, AR OLIVE BRANCH, MS BILL TO:. SNIP TO: Fayetteville Fire Ladder 7 Telephone: Fax: SALES QUOTE Toll Free: 800-233-5053 Fax: S01-327-3208 www.ewevs.com MEMPHIS, TN Salesperson: Date: Payment Quote Number ones, 5 �, 11/212{318 Net 30 1 SI -18-L7 Ship tom fete: Freight: Customer Purchase Order Yesncluded - See Beiaw� QTY. PART NUMBER DESCRIPTION $ UNIT 5 TOTAL S - $ - S - S - 5 - $ - $ - S - S - S - 5 - S - S - $ - $ - S - S - S $ - S - $ - $ - $ - S - S - S - S - $ - S - 5 - $ - S QUOTED BY: Scott Jones SCoit Joawek cell (479) 422-6800 sjones@gwevs.com - $ - $ 14,887.15 FREIGHT: $ 50.00 TAX: $ - TOTAL: $ 14,937.15 n I7ieSt l Services, Inc EMERGENCY VEHICLE SPECIALISTS CONWAY, AR OLIVE BRANCH, MS ,BILL TO: SHIP TO. Fayetteville Fire Ladder 7 Telephon6:1 Fa)t![, SALES QUOTE Toll Free: 800-233-5053 Fax: 501-327-3208 www.awevs.com MEMPHIS, TN Salesperson Date: I.Paym . ent Quote Number $- ljones, 1 11/2/2 Net 30 SJ -18-1-7 Ship Cornpleto, Freight: Customer Purchase Order I Yes, Included - See Belaw 113 West Mountain Street Fayetteville. AR 72701 (479)575-9323 Resolution: 21-18 File Number: 2017-0753 G&W DIESEL SERVICE, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF A 20I8 PIERCE ARROW XT FIRE APPARATUS FROM G&W DIESEL SERVICE, INC. IN THE AMOUNT OF $893,472.00 PLUS A _ PERFORMANCE AND PAYMENT BOND AT A COST OF $3,000.00 PURSUANT TO THE HOUSTON- GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Fire Department needs to replace Unit 35, a 2004 E -One Pumper Fire Engine based on the recommendation of the Fleet Division; and WHEREAS, the City will receive a pre -pay discount of $35,329.00 in exchange for the purchase of a performance and payment bond at a cost of $3,000.00 which will allow the City to receive a net total discount of $32,329.00; and WHEREAS, the Fire. Department recommends the purchase of a 2018 Pierce Arrow XT Single Axle 75' Quint Apparatus from G&W Diesel Service, Inc. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: S-ectidd I That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of a 2018 Pierce Arrow XT Single Axle 75' Quit Apparatus from G&W Diesel Service, Inc. in the amount of $893,472.00 plus a performance and payment bond at a cost of $3,000.00 pursuant to the Houston -Galveston Area Council Contract, approves a project contingency in the amount of $15,000.00, and authorizes Mayor Jordan to sign any contract or other document to exercise and pay for this approved contract. Page 1 Pifnfed on 113/18 J Resoluta. 21-18 Fila Mimber.'2017-0753 4 { :Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Y 1 PASSED and APPROVED on 1/Mol8 Attest: L j6ta Sondra E. Smith, City Clerk Treasurer v��t�, th iutl! fr�li G e •C. ii. q O* r Y a Pao 2 Pdnfed on lalle t i City of Fayetteville, Arkansas 113 west Mountain Street Fayetteville, AR 72741 (479) 57S-8323 Text File File Number: 2017.0753 Agenda Date. 112!2018 Version: 1 Status: Passed In Control: City Council Meeft File Type: Resolution Agenda [dumber: A 22 G&W DIESEL SERVICE, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF A 2018 PIERCE ARROW XT FIRE APPARATUS FROM G&W DIESEL SERVICE, INC. IN THE AMOUNT OF $893,472.00 PLUS A PERFORMANCE AND PAYMENT BOND AT A COST OF $3,000.00 PURSUANT TO THE HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Fire Department needs to replace Unit 35, a 2004 E -One Pumper Fire Engine based on the recommendation of the Fleet Division; and WHEREAS, the City will receive a pre -pay discount of $35,329.00 in exchange for the purchase of a performance and payment bond at a cost of $3,000.00 which will allow the City to receive a net total discount of $32,329.00; and WHEREAS, the Fire Department recommends the purchase of a 2018 Pierce Arrow XT Single Axle 75' Quint Apparatus from G&W Diesel Service, Inc. NOW, THEREFORE 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 approves the purchase of a 2018 Pierce Arrow XT Single Axle 75' Quit Apparatus from G&W Diesel Service, Inc. in the amount of $893,472.00 plus a performance and payment bond at a cost of $3,000.00 pursuant to the Houston -Galveston Area Council Contract, approves a project contingency in the amount of $15,000.00, and authorizes Mayor Jordan to sign any contract or other document to exercise and pay for this approved contract. Section .2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. cuy otFayetteWlle, Arkansas pose 1 Printed on 1tJM1 6