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HomeMy WebLinkAbout25-97 RESOLUTIONa aau •.auvva� aaflafl. avvS, tS1S [7111 V ♦1 \V A LVLVJ..il ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards Bid No. 97-14, in the amount of $105,180, plus a 5% contingency of $5,259, to Wilks Construction, Inc., for the repairs to the Wilson Park Pool, and authorizes the Mayor and City Clerk to execute a contract. A copy of th e contract is attached hereto marked Exhibit "A" and made a part hereof. EXHIBIT A AGREEMENT FOR REPAIRS WILSON PARK POOLS This AGREEMENT executed this /9 day of 1997, between the City of Fayetteville, Arkansas, hereinafter called the "City" and Wilks Construction Inc. , hereinafter called the "Contractor", and having an address at P.o. Box 1685, Rogers, AR 72757 1. The Contractor shall at the written request of the City provide material, labor and equipment for service(s) for the work as outlined in the specifications for the repairs at Wilson Park Pool. 2. City shall pay Contractor for services rendered as set out in Contractor's Bid. Charges will be invoiced to City at the end of each Contractor's monthly accounting periods based upon the fee schedule outlined in Contractor's Bid and the expense charges to the project during the preceding accounting period. All invoices are due upon receipt and shall be paid by the City unless disputed within thirty (30) days of their receipt. The maximum amount billed under this agreement shall not exceed $ ins,1Rn_nn IN CONSIDERATION OF THE FOLLOWING COVENANTS contained herein the parties agree as follows: •r 3. The contract documents which comprise the contract between City and the Contractor consist of. this contract and the following documents: a. Bid form identified as Invitation to Bid 97-14 with the specifications, conditions, and requirements typed thereon; b. The Contractor's' proposal and all supporting documents and correspondence submitted by the Contractor in response to Bid 97-14. � r 4. These contract documents constitute the entire agreement g between the the Contractor and may be ' modified City y'and •;only by a. duly executed written instrument signed by the City and the Contractor. •3s.' 5 Contractor shall not assign his duties under the terms • of this contract. �';;t 6 Contractor agrees to hold the City harmless: and:, Workers Compensation Statutory Amount Comprehensive General and Automobile Insurance Bodily Injury Liability $ 300,000 for each person injured. $ 500,000 for each accident. V VV VV IV Property Damage Liability $ 250,000 for each accident. $ 500,000 aggregate The insurance shall include explosion, collapse and underground coverage. The premiums for all insurance and the bond required herein shall be paid by the Contractor. 8. Contractor agrees to begin work within ten (10) days after issuance by the City of a "work order" or "Notice to Proceed" and to complete the work within sixty (60) days. Liquidated damages of $100 per day shall be assessed at the r'- option. of the City, not as a penalty, beginning on the first day following the completion time to cover additional costs. 9. All work called for herein shall be coordinated directly with the Project Manager. 10. City shall have the right to terminate this Agreement for City's convenience upon written notice of Contractor, and \E Contractor shall terminate performance of services on a schedule © r acceptable to City. In the event of termination for City's convenience City shall pay Contractor for all services performed V to date of termination. 11-. Nothing in this agreement shall be construed to give any; rights or benefits to anyone other than Contractor and City. IN WITNESS WHEREOF, City and Contractor have executed .this . agreement', the effective date of which shall be 34 CITY OF.FAYETTEVILLE• B` Gig I Y: Fred Hanna, Mayor ATTEST: By: Tracie Paul, City Clerk N6lk'S Cows-( �o1 Contra tor -Company ,Name C.riL� Title ATTES By Contr ctor-Company Secretary I 3. Bidders shall include all applicable local, state, and federal sales tax in bid. The responsibility of payment shall remain with the successful bidder. Tax amount shall show as a separate item. 4. Bids received after the date and time set for receiving bids will not be considered. 5. The City reserves the right to accept or reject any or all bids, waive formalities in the bidding and make a bid award deemed to be in the best interest of the City. The City shall be able to purchase more or less than the quantity indicated subject to availability of funds. 6. 7. 8. The bid price shall remain good and firm until project is completed. All products delivered shall comply with applicable standards of quality. Any exceptions to the requirements of the City of Fayetteville must be noted on the Bid Form. proposed, the bidder must include complete descriptive literature and technical specifications. All requests for additional information must be received within five working days following the request. 17. Bids must be hand delivered or received by mail in the Purchasing Office, Room 306, 113 W. Mountain St. Fayetteville, AR 72701, on or before the time of closing listed on the face of the bid. 18. Terms and conditions spelled out in the attached contract should be read carefully. The successful bidder shall sign and return the contract with copies of certificates of insurance within 10 days of notice of bid award. 19. Projects $20,000 or over require a 100% performance and payment bond to be submitted before notice to proceed is given. 20. Bids exceeding $20,000 require a contractor's license. L z m �I f o v � � rT ' { O • i rn - t \ r Li © n 1 Y YI � y �t J:iyYtk n^,y 9 J T iaR'�iga City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: Public Works Date Requested Adjustment # 1997 Division: Parks & Recreation . December 31, -1996' i Program: Parks Capital Protect or Item Requested Project or Item Deleteds°fiv $69,608 in additional funding for the $27,170 from the Miscellaneous Park Wilson Park Aquatic Facility Capital Improvements Project, $24,225"from the Project "? Sports Park Development Project,' and tr t i 1 u $18,213 from Sales Tax Unreserved Fund c* Balance fit'' 1 i �Ti4Y»r3 7a1�.N L fi Justification of this Increase: Justification of this Decrease: r� . The funding is needed to fund the Sufficient funding remains in both'the: construction contract for repairs Miscellaneous Park Improvements and Sports to the Wilson Park Pool. Park Development Capital Projects to meet Project Objectives. �• less than budgeted amount of'fund After a s s rolled into 1997 from 1996, there isYan 4 excess in Unreserved Fund Balance .. .:...-� f;:. r . .5 .. .. ��'•.-+': :. � T!�Jt. ..ems,•: '?)�+ �.�. L fA CREDIT Increase Expense (Decrease Revenue) f x�n� E• .., - Wr SC i.... - '.-. ... t�`C '. Account Name °Amount Account Number Project Number Park Improvements i1 27,170 X2250 9250 5806 00 96032 .,� -a.C '.0 t•±-i!T13:-nvy U,M \.,. E .: Park Improvements 42,438 u4470 9470 .- :,-5806 00 96032 1 ,...fir DEBIT Decrease Expense (Increase Revenue) �,_ ,.^.Sv'�.. . ,a�•F Y1 .r+' 7 L? Account Name Amount Account Number Project Number .r+ p' 1 Park Improvements 27;170 2250 9250 y. 5806 00- '. :96096 - `��1` ,. 9 Park Improvements r 24,225 4470 9470 5806 00• 94026 ..:,. I Unreserved Fund Balance ' - .'18,213 '._ 4470 0947 49-99 99 =96096 f ,.• O:] a I ` D artnte :-Admin. Sec M• ayor/ irector s Direecctor ,pproval_Signatures c- oRD. CERTIFICATE OF LIABILITY INSURANIC4sR nJ DATE(MM,DDIYY) ILRS-1 03/20/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION First Arkansas Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Pat Girard Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 6070 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Springdale AR 72766- COMPANIES AFFORDING COVERAGE FIRST ARKANSAS INS SPRINGDALE COMPANY PhonoNo. 501-756-8622 Fa:No. A Employers Mutual Casualty Co. INSURED COMPANY B WILKS CONSTRUCTION, INC. COMPANY HOWARD WILKS C P. O. BOX 1685 ROGERS AR 72757-1685 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/ODIYY) POLICY EXPIRATION GATE (MMIDDIYI') LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2, 000, 000 A X COMMERCIAL GENERAL LIABILITY 7 CLAIMS MADE 7 OCCUR 0D9-05-20-- -9704/01/96 04/01/97 PRODUCTS-COMPIOPAGG $2,000,000 PERSONAL&ADV INJURY $1,000,000 X EACH OCCURRENCE $1,000,000 A OWNER'S&CONTRACTOR'S PROT OD9-05-19---97 04/01/96 04/01/97 A X AGGR. APPLIES PER FIREDAMAGE(Anyonefire) $ 50,000 JOB SITE MEDEXP(Anyoneperson) $ 5,000 AUTOMOBILE LIABILITY A X ANY AUTO OE9-05-20---97 04/01/96 04/01/97 COMBINED SINGLE LIMIT $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X X HIRED AUTOS NON-OWNEDAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: .' EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER TITAN UMBRELLA FORM $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I-. THE PROPRIETOR/ X I PANTHERS/EXECUTIVEINCL H OH9-05-20---97 04/01/96 04/01/97 WC STAND- IER0TH- i. .; EL EACH ACCIDENT $ 500, 000 EL DISEASE -POLICY LIMB $500,000 EL DISEASE -EA EMPLOYEE $500,000 OFFICERS ARE: -. II EXCL OTHER -. ... A INSTALL FLOATER OC9-05-20---97 04/01/96 04/01/97 $100,000 A LEASED/RENTED EQUI OC9-05-20---97 04/01/96 04/01/97 $100,000 DESCRIPTION OF OPERATONS,LOCADONSNEHICLESISPECIAL ITEMS RE: BID.97-14 RENOVATION WORK AT WILSON PARK SWIMMING POOL CERTIFICATE HOLDER CANCELLATION ........................... CITYFAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF.: FAYETTEVILLE ' EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL'- - PURCHASING OFFICE ROOM " 3 O -' 10 D SWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, MOUNTAIN BUT ILU TO MAIL SUC TILE SHALL IMPOSE NO OBLIGATION OR LIABILITY FAYETTEVILLE AR 72701 OF NY KIb UPON THE �OMPANY.T$ AGENTS OR REPRESENTATIVES AUTNO ENT ACORD 25S (1/95) ;' x E F _ :..` A , ;: S� P�KAL w a y 'ACORD CORPORATION 1988 Employers Mutual Casualty Company Bond No°9884 HOME OFFICE • DES MOINES I i PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That We, WILKS CONSTRUCTION, INC. P.O. BOX 1685, ROGERS, AR 72757-1685 (hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corpo.- rafiion organized and existing under the laws of the State of Iowa and authorized, to transact business in the State or ARKANSAS (hereinafter called "Surety"), as Surety, are held and firmly bound unto the CITY OF FAYETTEVILLE, 113 W. MOUNTAIN, RM 306, FAYETTEVILLE, AR 72701 (i crcina ter called "Obligee"), in the penal sum or' One Hundred Ten Thousand dollars and no/100 DOLLARS, 110,000.00 ($ ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs. adminis- trators. executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 20 day of MARCH A.D., 14 97 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Oblicee, dated the day of 19 , RENOVATION WORK AT WILSON PARK SWIMMING POOL BID #: 97-14. Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at • length herein. A O CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-iN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation 2.. Emcasco Insurance Company; an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 3; Union Insurance Company of Providence, a Rhode Island Company 6. American Liberty Insurance Company an Iowa Corporation "hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:" PAT A. GIRARD, DONNA M. JOYCE, JAMES D. LIGHTNER, INDIVIDUALLY, SPRINGDALE,ARKANSAS=—--=— its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS------- ---------- - -- - ($10,000 000 0U and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. Theauthority hereby granted shall expire " April 1, 1999 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Powerof-Attorney'is made and executed pursuant to and by the authority.' of the following resolution of the Boards of Directors of each of the'Companies at the second regularly scheduled meeting of each company duly called and held in 1990. RESOLVED The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company,shall havepower 'and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings; recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-in-fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued. to them,, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all: respects binding upon this company The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter:, wherever'appeanng upon a certified copy of any power -of attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed INJNITNESS WHEREOF, The Companies have caused these pr sEnls to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 111 day of 'March .19 b , c i Seals Bruce G. Kelley, C airman Donald L. Cough wer of Companies 3, 4, 5 & 6; P sident of ' Assistant Secretary Companies 1 & 2 SGp INSU,g4 ` PLACE Ce �� �PSY INSr/94 Zj g�P PPU4ryC, , =�pv.P0POHg 591 �`0 pRr 2n ��;� S 2 , SEAL = 1863 1953 = 5th March 96 On this daof arcAD 19 before me ` Mn+n Publ c ', ' ' �d *�a`` \ in and for PolkyCounty, Iowa, personally appeared : Bruce: G Kelley' ;';and •,Donald L Coughennower, who being by me duly swom; did say that they are, and are known to me to be: .; the Chairman, President, and Assistant Secretary,. respectively, of each of The Companies \'SUR", YneT°,Al EOAPap4 above; that the seals affixed to this instrument aretheseals ,of -said corporations that said "O Sv , ov, ,s instrument was signed and sealed on behalf of each of The Companies by authority of; their `. `�'C _ - respective Boards of Directors; and . that the, said Bruce ' G Kelley and Donald L a a SEAL ' _ , SEAL .' . Coughennower acknowledge the execution of said instrument to be the voluntary act and deed 1pPNbPFO>p e b�sH of each of The Companies ,� °} >r eIN...... My Commission Expires September30 1997 K .. ,• `� '� r: 'fit ;, i ��.�. R RUTAKRUMINS y `� -': t ' Forrg 7u32 I11i96). :" Fol y;COMMISSION EXPIRES SEPTEMBER 30, 1997 Notary Public CERTIFICATE t �r s r ighVice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Dim ctors by each of The f € Larch ' ttomey issued pursuant thereto on 5, x;1996 d a " ard, Donna M Joyce, : James :D Lightner - r' n ful .force and effect 's } s, f a sa r 'ra 20 March 97>' subscribed myname and affixed the facsimile seal of each Company this day of 19 R � � £ +"` �; � • k s> ,r�1r. a1� 7'j3 Vice -President' , • (hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corpo- ration organized and existing under the laws of the State of Iowa with its principal office ,in the CITY OF DES MOINES, IOWA, and authorized to transact business in the State of ARKANSAS •s Surety, are held and firmly bound unto • CITY OF FAYETTEVILLE, 113 W. MOUNTAIN, RM.306, FAYETTEVILLE, AR 72701 One Hundred Ten Thousand Dollars and no/100 (hereinafter called "Obligee"), in the penal sum of DOLLARS ($_110,000.00), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, r ` jointly and severally firmly by these presents. SEALED, with our seals and dated this 20 day of MARCH A.D., 19 -92 — WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 20 day of March 19 97 e • RENOVATION WORK AT WILSON PARK SWIMMING POOL BID #: 97-14 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length p a herein for the purpose of explaining but not of varying or enlarging the obligation. S a NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above r bounden Principal shall well and truly keep do and O >. p p, perform, each and every, all and singular, the matters and k y3 things in said contract. set forth and specified to be by the said Principal kept,doneand performed' at the • time and in the manner in said contract specified, and shall payover, make good and reimburse to the above r } named Obligeeall loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise, to be and remain in full force and effect. PROVIDED;. HOWEVER, this bond is executed by the ,Surety, upon the express condition that no right ofK a action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only. de : WILKS CONSTRUCTION,INC.sa WITNESS: P eipal ®^ (Seel) (If;: lnd ,dual or F,rm)'- EMPLOYERS MUTUAL CAS LTY COMPANY I ATTEST , ` . Sure _ (Soalj �j t'"Yi , fa 74 �� G EMC Insurance Com-nanies o.,-• P.O. Box 712 • Des Moines, Iowa 50303 i V 77818 CERTIFICATE OF AUTHORITY !NDMDUAL ATTORNEY -!N -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation. 2 t' Emcasco Insurance Company, an Iowa Corporation . 5.. Dakota Fire Insurance Company, a North Dakota Corporation,; 3 UnlonInsurance Company of Providence, a Rhode Island Company .. 6.. American Liberty Insurance Company an Iowa Corporation . hereinafter; referred to severally as "Company" and collectively as "Companies"; each does, by these presents, make, constitute and appoint: s . PAT A. GIRARD, DONNA M. JOYCE, JAMES D. LIGHTNER, INDIVIDUALLY, SPRINGDALE, 'ARKANSAS ---- _its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS --- ---- ----- Wand to bind each Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of . the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. April 1, 1999 The authority hereby granted shall expire unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY 'This Power=of Attorneyis made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the'Companiesyat the second regularly scheduled meeting of each company duly called and held in 1990. RESOLVED The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to, (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds : and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him. Attorneys=in-fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them;':' to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall by fully, and in all respects '> binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore: or hereafter, wherever.' appearing` upon a' certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed IN WW1lJNNESS WHEREOF The Cornnies §ave caused these priis to be sig ed for each by their officers as shown, and the Corporate seals to be hereto affixed this`. dayoP arc ,g_. /✓ aQ CL" Seals Bruce G. Kelley, C airman Donald L. Coughea wer of Companies 3, 4, 5 & 6; P sident of Assistant Secretary Companies 1 & 2 Sip INSO PY�t CO OF �QtiY 1NS�9 WCY`OPPOPq - ';:, yJQ , POgq yo 0 OPPOflq ?n EO SEAL z 1863 1953",f23= 5th ' March 96 Z n I . b, dD On this_day day of AD 19 before me a Notary Public 74,�� ° ` " 'v5.*�,' in and for Polk County Iowa, personally appeared Bruce G :Kelley and, Donald L f11N0;S °"" Coughennower, who being by me duly sworn, did say that they are and are known to to be the Chairman, President, and Assistant Secretary, respectively, 'of each of The Companies o�NsP tin%Fco Q�NsunaWQO13TUAI � above; that the seals affixed to this instrument are the seals of said corporations; that said , ' , `,ron4 � °oi• o PPOfl4 instrument was signed and sealed on behalf of each of,Th'e;Companies by authoriy; of their respective Boards of Directors; and that the said Bruce`G Kelley: and Donald L SEAL a SEAL , W SEAL Coughennower acknowledge the execution of said instrument to be the voluntary act and deed • bFs of each of The Companies...::. ,7'., .. a t a Iowa ' lt, DP40� 1'01NESY�� My Commission Expires September 30 1997 o, ' s Fyn rix ...`. .RUTA KRUMINS .r•(� tx: qtr j 0#1 f k MY; COMMISSION EXPIRES- `: SEPTEMBER 30, 1997 Notary Public •; CERTIFICATE v a z - ter rti -, t•�4A a 'David L Hixenbaugh Vice President of the Companies, do hereby certify that the foregC m soluuttion f tt� Boards of Directors by each of 5, 996 r Companies and this Power of Attome issued pursuant thereto on + 3 ojbehalfof s Pat A Girard Donna M Joyce, James D Lightner ,' are true and correct and are still m full force and effect t+r� M1 J I A• S � y 'Jn TesbmonyWhereof I have subscribed my name and affixed the facsimile seal of each Company this Z0 day of March 19 97ktir� �••7,i1 r .{ -,., F c �^ Ai f vt �! Sc nc2" Nice -President. sit.?x.,,.r-. rr.. t. x; r i FAYETTEVILLE. THE CITY OF FAYETTEVILLE, ARKANSAS N. . TO: Kevin Crosson, Public Works Director DEPARTMENTAL CORRESPONDENCE FROM: Nancy Dugwyler, Asst. Parks Dire THRU: Dale. D. Clark,�arks Director DATE: April 14, 1997 SUBJECT: Change order for additional repairs to Wilson Pool Please accept this request for a change order to cover additional repairs to Wilson Pool. After work was begun on this project, addition damage was found that requires repair during the course of the current project. Additional concrete work around the underwater pool lights, the replacement of lane rope eyes and the regrouting of gutter tile were not included in the original contract. Also, an additional 189 feet of cracks must be repaired before the replastering of the pool can be done. Eight feet of the pool deck must be repaired and a skim coat of plaster on the pool walls will complete this N project. ie For any additional information, please contact me at 472 ^yr x Wilks Construction will do the following work as an extra at Wilson Park, City of Fayetteville, Arkansas: I Drill holes in walls for plaster to hang to - cut out around lights and returns .............$ 2,000.00 II Cut out cracks creating a "V" shape and install hydrolic cement. Sand, prepare • for plastering - approximately 180 r.f. ...... 1,500.00 `�. III Skim coat plaster around the walls in big pool ...................................... 11,495.00 IV Remove/replace (16) sixteen rope eyes in masterpool ................................... 2,320.00 V Regrout 440 r.f. of tile in master pool....... 2,420.00 VI Patch 8' overhang decking .....................260.00 260.00 TOTAL ..............................$19,995.00 /O/t-1(S Covs • STAFF REVIEW FORM xx AGENDA REQUEST CONTRACT REVIEW ICJ J�ya S' 1% GRANT REVIEW �I For the Fayetteville City Council meeting April 6, 1999 FROM: • Connie Edmonston Parks & Recreation Public Works Name Division Department o.i ACTION REQUIRED: Approval of a budget adjustment and settlement offer with Wilks Construction Company for painting the Wilson Park swimming pool. COST TO CITY: $17 non Cost of this Request 1 7, Ql14 Category/Project Wilann Park Annatic Fanility Repairs 4470-9470-5806.00 Budget Category/Project Name $127,303 Account Number Funds Used To Date Program Name . S. �'. 96032-1 -0- Sales Tax F� Remaining Balance Fund V Project Number 0 0 CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: (,crag,_ Acco tin M ager Date A Coordinator , Date L/ / -y.-/ Ckty Attor y Date VVe-rrnal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Approval of budget adjustment and settlement offer. i� ,-J-q7 Date Q -Z -q1 5 Date 2AM Date Cross Reference New Item: Yes No Prev Ord/Re #�- 2 : Orig Contr t Date: 3 Page 2 SYkFF REVIEW FORK Description Meeting Date dents: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor• Reference Co®ents: FROM: Connie Edmonston, Parks and Recreation Superintendent DATE: March 31, 1999 SUBJECT: Wilson Park Swimming Pool For the past two swimming pool seasons, the Parks and Recreation Division has experienced problems with the swimming pool paint job at Wilson Park. Staff has been working on these problems since last fall. We have negotiated a settlement offer now at a crucial crunch time before opening. It is imperative that the problem be corrected before the opening on Memorial weekend, May 29, 1999. As you are aware, our swimming pool is a very popular recreational site with 27,252 people attending in 1998. This computed to an average of 257 users per day with the highest daily attendance of 639. First, I would like to provide you with some background of the problem. In 1997, the City contracted with Wilks Construction Company for $127,303 to remove the pool plaster, replace the plaster, and paint the Wilson Park swimming pool. After the pool closed in the fall of 1997, hollow areas in the plaster work appeared and the paint bubbled causing it to peel from the plaster. The contract specified the contractor was responsible for all work for a period of not less than one year after the work was accepted. Wilks Construction returned in the spring of 1998 to repair the plaster work, remove the paint with a power pressure washer, and paint the main and two kiddie pools at their cost. After the pool was filled with water for the 1998 season, it was O soon noted and reported that the paint was again peeling off the plaster in all three pools. A meeting with Mr. Wilks and city staff was held in the fall of 1998 to discuss the problem. Mr. Wilks did not believe his company was at fault. He believed water was coming up through the cement causing the paint to bubble and peel. At this point, it seemed most appropriate for the city to hire a consultant to evaluate the 63 situation so that the problem would not occur a third time. KTA-Tator, Incorporated, pool specialists from Humble, Texas, were selected to analyze the problem. After an extensive r►, laboratory analysis, KTA-Tator determined the problem was in the application of the paint. The plaster was not etched properly and the paint was not applied according to manufacturer's specifications. s apI:ivvw vi. uus seuueuieitt veer wun vvuxs i onstrucuon aria a ouaget adjustment. wnson rarlc swimming pool provides a priceless service to our community as noted by the high attendance, thus placing it as a high priority recreational activity during the summer months. If further information is needed, please call me at 444-3473. Attachments: Settlement Offer Budget Adjustment 0 .1 0l ) City of Fayetteville, Arkansas •c Budget Adjustment Form Budget Year Department: Public Works Date Requested Adjustment # 1999 Division: Parks & Recreation April 6, 1999 ., Program: Sales Tax Capital Project or Item Requested: Project or Item Deleted: $29,500 in the Wilson Pool Improvements $29,500 from the Parks Maintenance Capital Project. Complex Capital Project. j• Justification of this Increase: Justification of this Decrease: Y The additional funding requested is to There is sufficient funding 1 cover the expenses associated with the remaining out of this capital repainting and maintenance work performed project to meet current objectives. on the pool. Because of some problems with the initial work performed it has become necessary to reapply paint and maintenance work on Wilson Pool. h O 1 Increase Expense (Decrease Revenue Account Name Amount Account Number Project Number Park Improvements __ 4470 9470 5806 00 96032 1 Decrease Expense (Increase Revenue) Account Name Amount Account Number Project Number Building Costs IZODD 4470 9470 5804 00 97019 1 Approval Signatures equested By Date Budget Manager Date anmc�rt rec r Date Admin. Services Director Date Budget Office Use Only IType: A B C Date of Approval Posted to General Ledger Posted to Project Accounting C E Mayor Date J Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester nnvarAFotumeA-.maawJFatawx4 • AGREEMENT • WHEREAS, the City of Fayetteville (the "City") entered into a contract with Wilks Construction, Inc., ("Wilks") on March 18, 1997, for certain repairs, including preparation and painting, to the Wilson Park pools; and, WHEREAS, the City has experienced problems with the paint job on the pools; and WHEREAS, a dispute exists as to the cause of the paint problems; and WHEREAS, the parties agree that the health, safety and welfare of the citizens of Fayetteville require the work to be performed according to the contract specifications and with a satisfactory result. NOW, THEREFORE, the parties agree to the following terms in resolution of this matter. • 1. The City will have the pools sandblasted to remove the existing paint. 2. Wilks Construction, Inc., shall provide all labor, equipment and materials for the pool preparation work, except sandblasting, (i.e. etching, washing, primer coating, etc.). 3. Wilks Construction, Inc., shall provide all labor, equipment and material for painting the pools. 4. All work shall be performed and materials provided in accordance with the specifications set forth in the March 18, 1997, contract, which is made a part of this agreement by reference as if set forth word for word. 5. The City shall have the pools sandblasted prior to the season opening of the pools. �. 6. Wilks shall perform the preparation and paint work prior to the season opening of the pools, unless, upon consultation with the Parks and Recreation Superintendent, it is determined that time and weather conditions will not allow for proper preparation and painting prior to the opening: In such case the preparation and paint work shall be coordinated with the Parks and © I Recreation Superintendent and shall be performed as soon as reasonably possible after the pools are closed for the season. 7. The parties acknowledge that timing, weather and temperature are essential to the successful completion of this project; and, therefore, will work diligently to acconunodate these factors. a 8. The City shall have the right to provide staff or a pool specialist to monitor the process l and application of preparation materials and paint. Budget Year Departm 1997 Division City of Fayetteville, Arkansas Budget Adjustment Form Sales Tax Capital Improvement Project or Item Requested: Additional funding is requested for repairs to the Wilson Park Pool. Justification of this Increase: The additional funds are needed to perform additional repairs not included in the original scope of work. Justification of this Decrease: [he Parks Maintenance Complex project is scheduled for multi year funding. STAFF REVIEW•FORM AGc.NDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Favetteville City Council meeting of NA FROM: Dale D. Clark parks anrRecreation Public Works :lame Division Cecar--1e_nt ACTION REQUIRED: Approval of change order for additional repairs to Wilson Pool. Change order of $19,995 will cover damage not originally covered in contract. Approval of budget adjustment of $14, 736 plus $5,259 contingency. COST TO CITY: $ 11.9955 Cyst of ...__s Request " -qµ10-5goG-oa Acccurc Nu.:.cer og2 Project Number $ t%o,soo C1��h.•!►� Cacego r✓/Project Budget S Funds Used :o Date $ s, 31 a Remaining Balance PAt I L Z .t-fueNsyl'S Categcrf/Prc]cc: Na-e Program Name S•t;ee Fund BUDGET REVIEW: Budgeted Item X Budget Adjustment Attached rdinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: AccountMarfager Date Coord'idato=-- - -_- Date $6-9 f/I ;Iernnal Cit Attorney Date Auditor �j%d Date Purchasing Officer Date STAFF RECOIr4 ENDATION: Administr tive Se ces Director Mayor 4f1f4g9 ________ Date Cross Reference New Item: Yes No Date Prev Ord/Res * Date Orig Contract Date:____________ Date FA TETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS TO: Kevin Crosson, Public Works Director DEPARTMENTAL CORRESPONDENCE FROM: Nancy Dugwyler, Asst. Parks Dire tor THRU: Dale. D. Clark,Parks Director DATE: April 14, 1997 SUBJECT: Change order for additional repairs to Wilson Pool Please accept this request for a change order to cover additional repairs to Wilson Pool. After work was begun on this project, addition damage was found that requires repair during the course of the current project. Additional concrete work around the underwater pool lights, the replacement of lane rope eyes and the regrouting of gutter tile were not included in the original contract. Also, an additional 189 feet of cracks must be repaired before the replastering of the pool can be done. Eight feet of the pool deck must be repaired and a skim coat of plaster on the pool walls will complete this project. For any additional information, please contact me at 472. WILKS CONSTRUCTION, INC. P. O. BOX 1685 ROGERS, AR 72757-1685 Wilks Construction will do the following work as an extra at Wilson Park, City of Fayetteville, Arkansas: I Drill holes in walls for plaster to hang to - cut out around lights and returns .............$ 2,000.00 II Cut out cracks creating a "V" shape and install hydrolic cement. Sand, prepare for plastering - approximately 180 r.f. ...... 1,500.00 III Skim coat plaster around the walls in big pool ...................................... 11,495.00 IV Remove/replace (16) sixteen rope eyes in master pool ................................... 2,320.00 V Regrout 440 r.f. of tile in master pool....... 2,420.00 VI Patch 8' overhang decking.....................260.00 TOTAL ..............................$19,995.00 WI KS CONSTRUCTION COMPAN' I/(We) the undersigned agree on price for extras and the work to be completed. Date L1./2_7 cz=j City of Fayetteville, Arkansas • Budget Adjustment Form �LL Budget Year Department: Sales Tax Capital Improvement Date Requested Adjustment # 1997 Division: 04/14/97 F , Program: Project or Item Requested: Additional funding is requested for repairs to the Wilson Park Pool. Justification of this Increase: The additional funds are needed to perform additional repairs not included in the original scope of work. Justification of this Decrease: The Parks Maintenance Complex project is scheduled for multi year funding. it Increase Account Name Amount Account Number Project Number Park Improvements - Approval Signatures Requested By B et ir�����('/� Department Director f8 c Admin. Sees Dir to Mayor C:\AP\97BUD\97WORK\BADJFORM.WK3 I Budget Office Copy o Budget Office Use Only Type: B $ C E F Date of Approval Posted to General Ledger Entered in Category Lo /ice RESOLUTION NO. 25-97 A RESOLUTION AWARDING BID NO. 97-14, IN THE AMOUNT OF $105,180, PLUS A 5% CONTINGENCY OF $5,259, TO WILKS CONSTRUCTION, INC., FOR REPAIRS TO THE WILSON PARK POOL; AND APPROVING A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards Bid No. 97-14, in the amount of $105,180, plus a 5% contingency of $5,259, to Wilks Construction, Inc., for the repairs to the Wilson Park Pool, and authorizes the Mayor and City Clerk to execute a contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $69,608 increasing Park Improvements, Acct. No. 2250 9250 5806 00, Project No. 96032 in the amount of $27,170 and Park Improvements, Acct. No. 4470 9470 5806 00, Project No. 96032 in the amount of $42,438, by decreasing Park Improvements, Acct. No. 2250 9250 5806 00, Project No. 96096 in the amount of $27,170; Park Improvements, Acct. No. 4470 9470 5806 00, Project No. 94026 in the amount of $24,225; and Unreserved Fund Balance, Acct. No. 4470 0947 4999 99, Project No. 96096 in the amount of $18,213. A copy of the budget adjustment is attached hereto and made a part hereof. F4SSED AND APPROVED this 18th day of March . 1997. .,, APPROVED: By: Fred Hanna, Mayor ATTEST: By: Traci Paul, City Clerk EXHIBIT A AGREEMENT FOR REPAIRS WILSON PARK POOLS This AGREEMENT executed this i9A day of Marc , 1997, between the City of Fayetteville, Arkansas, hereinafter called the "City" and Wilks Construction Inc. , hereinafter called the "Contractor", and having an address at P.o. Box 1685, Rogers, AR' 72757 IN CONSIDERATION OF THE FOLLOWING COVENANTS contained herein the parties agree as follows: 1. The Contractor shall at the written request of the City provide material, labor and equipment for service(s) for the work as outlined in the specifications for the repairs at Wilson Park Pool. 2. City shall pay Contractor for services rendered as set out in Contractor's Bid. Charges will be invoiced to City at the end of each Contractor's monthly accounting periods based upon the fee schedule outlined in Contractor's Bid and the expense charges to the project during the preceding accounting period. All invoices are due upon receipt and shall be paid by the City unless disputed within thirty (30) days of their receipt. The maximum amount billed under this agreement shall not exceed $ in5,iRn_nn 3. The contract documents which comprise the contract between City and the Contractor consist of this contract and the following documents: a. Bid form identified as Invitation to Bid 97-14 with the specifications, conditions, and requirements typed thereon; b. The Contractor's proposal and all supporting documents and correspondence submitted by the Contractor in response to Bid 97-14. 4. These contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 5. Contractor shall not assign his duties under the terms of this contract. 6. Contractor agrees to hold the City harmless and indemnify the City against any and all claims for property damage, personal injury or death, arising from Contractor's performance of this contract. 8. The Contractor shall furnish a certificate of insurance addressed to the City, showing that he carries the following insurance which shall be maintained throughout the term of the contract. Workers Compensation Comprehensive General and Automobile Insurance Bodily Injury Liability Property Damage Liability Statutory Amount $ 300,000 for each person injured. $ 500,000 for each accident. $ 250,000 for each accident. $ 500,000 aggregate The insurance shall include explosion, collapse and underground coverage. The premiums for all insurance and the bond required herein shall be paid by the Contractor. 8. Contractor agrees to begin work within ten (10) days after issuance by the City of a "work order" or "Notice to Proceed" and to complete the work within sixty (60) days. Liquidated damages of $100 per day shall be assessed at the option of the City, not as a penalty, beginning on the first day following the completion time to cover additional costs. 9. All work called for herein shall be coordinated directly with the Project Manager. 10. City shall have the right to terminate this Agreement for City's convenience upon written notice of Contractor, and Contractor shall terminate performance of services on a schedule acceptable to City. In the event of termination for City's convenience City shall pay Contractor for all services performed to date of termination. 11. Nothing in this agreement shall be construed to give any rights or benefits to anyone other than Contractor and City. IN WITNESS WHEREOF, City and Contractor have executed this agreement, the effective date of which shall be CITY OF FAYETTEVILLE By: Fred Hanna, Mayor ATTEST: By: Tracie Paul, City Clerk Contra tor -Company Name ByA)tVQL*LL� Title: ATTES : 0 By: Contr ctor-Company Secretary CITY OF FAYETTEVILLE, ARKANSAS General Terms and Conditions 1. All bids shall be submitted in a sealed envelope and must be submitted on forms provided by the City. 2. The item bid and the bid number shall be stated on the face of the sealed bid envelope. 3. Bidders shall include all applicable local, state, and federal sales tax in bid. The responsibility of payment shall remain with the successful bidder. Tax amount shall show as a separate item. 4. Bids received after the date and time set for receiving bids will not be considered. 5. The City reserves the right to accept or reject any or all bids, waive formalities in the bidding and make a bid award deemed to be in the best interest of the City. The City shall be able to purchase more or less than the quantity indicated subject to availability of funds. 6. The bid price shall remain good and firm until project is completed. 7. All products delivered shall comply with applicable standards of quality. 8. Any exceptions to the requirements of the City of Fayetteville must be noted on the Bid Form. 9. Prices shall include all labor, materials, overhead, profit, insurance, etc., to cover the furnishing of the items bid. 10. Each bidder shall state on the face of the bid form the anticipated number of days from the date of receipt of an order for delivery of equipment and installation to the City of Fayetteville. 11. Copy of the warranty shall accompany the bid, and any exceptions to the warranty shall be clearly noted on the bid form. 12. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. 13. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. 14. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation of bid. 15. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at (501) 575-8289 to insure receipt of their bid documents prior to opening time and date listed on the bid form. 16. If products and/or components other than those described in this bid document are proposed, the bidder must include complete descriptive literature and technical specifications. All requests for additional information must be received within five working days following the request. 17. Bids must be hand delivered or received by mail in the Purchasing Office, Room 306, 113 W. Mountain St. Fayetteville, AR 72701, on or before the time of closing listed on the face of the bid. 18. Terms and conditions spelled out in the attached contract should be read carefully. The successful bidder shall sign and return the contract with copies of certificates of insurance within 10 days of notice of bid award. 19. Projects $20,000 or over require a 100% performance and payment bond to be submitted before notice to proceed is given. 20. Bids exceeding $20,000 require a contractor's license. ACORD CERTIFICA' OF gsR DJ DATE(MM/DDIYY) LIABILITY INSU NCKS- IL1 03/20/97 PRODUCER THIS CERTIFICATE IS UED AS A MATTER OF INFORMATION First Arkansas Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Pat Girard Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P P. O. Box 6070 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Springdale AR 72766- COMPANIES AFFORDING COVERAGE FIRST ARKANSAS INS SPRINGDALE Phone No. 501-756-8622 Fax No. COMPANY A Employers Mutual Casualty Co. INSURED COMPANY B COMPANY C WILKS CONSTRUCTION, INC. HOWARD WILKS P. O. BOX 1685 ROGERS AR 72757-1685 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS I GENERAL LIABILITY GENERAL AGGREGATE $ 2, 000, 000 PRODUCTS - COMP/OPAGG $ 2, 000, 000 A X , COMMERCIAL GENERAL LIABILITY OD9-05-20---97 04/01/96 04/01/97 PERSONAL & ADV INJURY $ 1, 000, 000 CLAIMS MADE IX OCCUR EACH OCCURRENCE $ 1,000,000 A X OWOOWWNER'S&CONTRACTOR'SPROT, OD9-05-19---97 04/01/96 04/01/97 1 FIREDAMAGE(Anyonefire) $ 50,000 A LAGGR. APPLIES PER JOB SITE MED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY ANY AUTO OE9-05-20---97 04/01/96 04/01/97 COMBINED SINGLE LIMIT $ 1, 000 000 , X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND WC S TORYLILIMITMIj S ! OER TH- ! EMPLOYERSLIABILITY EL EACH ACCIDENT _ $ 500,000 A THE PROPRIETOR/ X INCL PARTNERS/EXECUTIVE OFFICERS ARE: 1 EXCL OH9-05-20---97 04/01/96 04/01/97 EL DISEASE -POLICY LIMIT $500,000 EL DISEASE - EA EMPLOYEE $ 500, 000 OTHER A INSTALL FLOATER 0C9-05-20---97 04/01/96 04/01/97 $100,000 A LEASED/RENTED EQUI 0C9-05-20---97 04/01/96 04/01/97 $100,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: BID 97-14 RENOVATION WORK AT WILSON PARK SWIMMING POOL CERTIFICATE HOLDER CANCELLATION CITYFAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FAYETTEVILLE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PURCHASING OFFICE DS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1r6d1MR ROOM 3 0 MOUNTAIN 113 W. CH ICE SHALL IMPOSE NO OR LIABILITY BUTO MAIL SUOTOBLIGATION FAYETTEVILLE AR 72701 OF kNYUPON THE OMPANY, AGENTS OR REPRESENTATIVES. AUTHORI E ENTATI FIB S S INS P ALE ACORD 25-S (1/95) ©ACORD CORPORATION 1988 Employers Mutua_ 2asualty Company Band No S209884 HOME OF=IC! • DES MOINES PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That We, WILKS CONSTRUCTION, INC. P.O. BOX 1685, ROGERS, AR 72757-1685 (hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corpo- ration organized and existing under the laws of the State of Iowa and authorized to transact business in the ARKANSAS State of (hereinafter called 'Surely'), ty"), as Surety, are held and firmly bound unto the CITY OF FAYETTEVILLE, 113 W. MOUNTAIN, RN 306, FAYETTEVILLE, AR 72701 (hereinafter called "Obligee"), in the penal sum of One Hundred Ten Thousand dollars and no/100 DOLLARS, 110, 000.00 ($ ), good and lawful money of the United States of America. for the payment of which, well and truly to be made, we bind ourselves, our heirs. adminis- trators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 20 day of MARCH A.D.. 19_97 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Oblicee, dated the day of . 19 RENOVATION WORK AT WILSON PARK SWIMMING POOL BID #: 97-14 Whit. 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, IF the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, then this obligation to be void: otherwise to remain in full force and virtue. Signed and Sealed this 20 day of MARCH 19 97 WILKS CONSTRUCTION, INC. WITNESS: Principal (5«11 4 / (S.elj (I Individual or Firm) BY President (Sall A (TEST: (5.411 EMPLOYERS MUTUAL CASU 'TY COMPANY / Sj.•y (If Crporio) By uLc PAT A. GIRARD ,rS1 7rA7 its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: N AN AMOUNT NO EXCEEDING TEN MILLION DOLLARS---------------------- -- - ($1(1,000;000 is and to bind each Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and alfof' the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1999 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors ofeach of: the: Companies at the second regularly scheduled meeting of each company duly called and held in 1990. RESOLVED The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company` thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects binding .upon this company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter; .wherever appearing upon :a' certified; copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed.. IN4UITNESS WHEREOF The Companies have caused these pr s nts to be si ed for each by their officers as shown, and the Corporate seals to be hereto affixed this: 5 ttnh day of March 19 . Seals Bruce G. Kelley, C airman Donald L. Cough wer of Companies 3, 4, 5 & 6; Pi sident of Assistant Secretary Companies 1 & 2 INS GE CO `•ZY INS '' ,pS�O 0942 Q.pN•i ' CFA : ��F,P. �QgVQP4l, �, 4POA4� `ONPORgt SEAL 18li T = : 1953 1 On this 5th day of March AQ.;19 96 befare;me a Notary Public '' ' �`'= ' " •' - °' ?:' in and for Polk County, Iowa, personally appeared Bruce G Kelley and Donald L. Coughennower, who being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, and Assistant Secretary, respectively, of each of The Companies :'\NSURANcF•,,, ,.NSURq,y�•,,, ;`•'�;�Tua� �• above; that the seals affixed to this instrument are the seals of said corporations; that said :yam°,`OgpORq .moo'= ; �Q $IOR4J;`o : ,�QS`'PPO84''.'f. instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Donald L. SEAL SEAL _ W SEAL o Coughennower acknowledge the execution of said instrument to be the voluntary act and deed... of each of The Companies.. row'" %sy01NES c, My Commission Expires September 30, 1997. .� "R'UTA KRUMINS C\<-� �� ii MY COMMISSION EXPIRES SEPTEMBER 30, 1997 Notary Public CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies, and this Power of Attorney issued pursuant thereto on March 5, 1996 on behalf of Pat A Girard, Donna M. Joyce, James D. Lightner are true and correct and are still in full force and effect. InTestimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 20 day of March 7 Vice -President Bond No S209884 Employers Mutual Casualty Company HOME OFFICE • DES MOINES STANDARD CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That We WILKS CONSTRUCTION, INC. P.O. BOX 1685, ROGERS, AR 72757-1685 (hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corpo- ration organized and existing under the laws of the State of Iowa with its principal office .in the CITY OF DES MOINES, IOWA, and authorized to transact business in the State of ARKANSAS as Surety, are held and firmly bound unto CITY OF FAYETTEVILLE, 113 W. MOUNTAIN, RM 306, FAYETTEVILLE, AR 72701 (hereinafter called "Obligee"), in the penal sum of One Hundred Ten Thousand Dollars and no/100 DOLLARS ($_110,000.00 J. good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. SEALED, with our seals and dated this 20 day of MARCH A.D., 1927 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 20 day of March 1997 RENOVATION WORK AT WILSON PARK SWIMMING POOL BID #: 97-14 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein for the purpose of explaining but not of varying or enlarging the obligation. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise, to be and remain in full force and effect. PROVIDED, HOWEVER, this bond is executed by the Surety, upon the express condition that no right of action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only. WILKS CONSTRUCTION, INC. WITNESS: P ' cipal (Seel) (f Ind' (dual or Firm) BYTV4.jij,I ATTEST: (If Corporation) EMPLOYERS MUTUAL CASU LTY COMPANY Sure (Seal) PAT _ A. GIRARD Attorney -in -Fact Form 704 _• ,l,I.1I'l:I.l1J C Insurance Compan No 277818 P.O. Box 712 • Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation 2. Emcasco Insurance Company,: an Iowa Corporation 5. Dakota Fire Insurance Company, a.North Dakota Corporation 3 <Union Insurance Company of Providence, a Rhode Island Company 6. :American Liberty Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as Companies each does, by these resents, make, constitute and appoint Y P P PPo PAT A. GIRARD, DONNA M. JOYCE, JAMES D. LIGHTNER, INDIVIDUALLY, SPRINGDALE'ARKANSAS-- ------ its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN .AMOUNT NOT EXCEEDING TEN MILLION DOLLARS.------------------------ ($10,000,.000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. April 1, 1999 The authority hereby granted shall expire unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -ofAttorney 'is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the second regularly scheduled meeting or each company duly called and held in 1990. RESOLVED: The Chairman of. the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall ' have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects binding upon :this company The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter wherever appeanng upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed IN ESS WHEREOF, The Cor"nies have caused these pre�sgnts to be si ed for each by their officers as shown, and the Corporate seals be ttereto affixed this day of i'arc 19 Seals Bruce G. Kelley, C airman Donald L. Cough wer of Companies 3, 4, 5 & 6; P sident of Assistant Secretary Companies 1 & 2 NGE CO OF `, ••P�Y�NS;/9 o'. QP . r ,4 �4P apPORq� 2CF '.: B POR, o'er .PORgr SEAL o 1863 , = 1953 5th March 96 y R i ,_ : ; 6, On this day of Al) 19 > before me a Notary Public ,,;, 'tip, ' ,' in and for Polk County, Iowa, personally appeared Bruce G Kelley: and Donald L. Y/� 5 „ , ....... Coughennower, who being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, and Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said y ;�`pp9ORq�',, o = .,� PpORq�.- o : ;,� •'QPORq�•;a instrument was signed and sealed on behalf of each of The Companies by authority of their : respective Boards of Directors; and that the said Bruce G. Kelley and Donald L. SEAL . a SEAL a , SEAL :o Coughennower acknowledge the execution of said instrument to be the voluntary act and deed.;,. OFS'... ,�P of each of The Companies: 'OWOPK� ,•` '�. MOINES \ My Commission Expires September 30, 1997. .L RUTA KRUMINS `\ MY COMMISSION EXPIRES SEPTEMBER 30, 1997 Notary Public CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the fore gginp resoluut�ion f the Boards of Directors by each of The Companies, and this Power of Attorney issued pursuant thereto on t�laYc 5 , 996 on behalf of Pat A Girard, Donna M. Joyce, James D. Lightner are true and correct and are still in ful#:force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 20 day of March 1t# 97 f Vice President BID: 97-14 DATE: 2/13/97 TIME: 2:00 pm CITY OF FAYETTEVILLE DESCRIPTION: WILSON PARK POOL REPAIRS BIDDER ITEM #1 :I MOBLEY CONTRACTORS $149,756.28 WILKS CONSTRUCTION $109,730.00 CERTIFIED BY: �� 62 PURCHASING MANAGER WITNESS DATd Justification of this Increase: The funding is needed to fund the construction contract for repairs to the Wilson Park Pool. Project or Item Deleted: $27,170 from the Miscellaneous Park Improvements Project, $24,225 from the •Sports Park Development Project, and $18,213 from Sales Tax Unreserved Fund Balance _a Justification of this Decrease: Sufficient funding remains in both the Miscellaneous Park Improvements and Sports Park Development Capital Projects to meet Project Objectives. After a less than budgeted amount of funds rolled into 1997 from 1996, there is:an excess in Unreserved Fund Balance. a CREDIT - Increase Expense (Decrease Revenue) ...: Account Name Amount Account Number = 'Project Number Park Improvements 27,170 2250 9250 - ,806 00 : 96032 Park Improvements 42,438 -4470 9470 ,5806 00' X96032 DEBIT Decrease Expense (Increase Revenue) Account Name Amount Account Number Project Number Park Improvements 27,170 2250 9250 5806 00 -96096 Park Improvements 1: 24,225 4470 9470 .5806 00 :94026 Unreserved Fund Balance 18,213 .4470 0947 =.:.:4999 99 96096 F7 " - + "Si1 •C �x ,. _ - .. _ .. Approval Signatures ik. z .�,- 3wVia•.".' Y�''i�i" Requested By get C o a D artme Director Admin. Se s Director Mayor T� w zBudget Office Use Only - F Type A Bt C D, Date of Approval<.- r Posted to General Ledger Entered in Category Log Budget Office Copy