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Home My WebLink About99-73 RESOLUTION• a: n • RESOLUTION NO. 0? -73 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Heckathorn Construction Company for the construction of seven (7) park sites. A copy of thsicontract marked Exhibit "A" is attached hereto and made 'a part `hereof. PASSED AND APPROVED THIS ] .DAY OF akethher1973. ATTEST: I APPROVED: %Lutz A'-ef /99 FAYETTEVILLE PARKS PROJECT FAYETTEVILLE, ARKANSAS PLANS No. 72-233 ,August, 1973 McClelland Consulting Engineers,'Inc. Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS , INC 1 • PROPOSAL for FAYETTEVILLE PARKS IMPROVEMENTS PARKS AND RECREATION DEPARTMENT • To the Poard of Directors City of Fayetteville Fayetteville, Arkansas Gentlemen: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS Plans No. 73-233 Dated' August, 1973 The undersigned Don L. Heckathorn of Heckathorn Construction Coanv , states that he has carefully examined the plans, profiles, specifications, maps and drawings, relative to the proposed Parks Project, Fayetteville, Arkansas, as set out in the title of this Proposal, that he is familiar with the same and understands each and all; has examined the location and site; that all bids are made with the full knowledge of the difficulities and conditions that may be encountered, the kind, quantity and quality of the plans, work to be done, excavation, equipment and materials required, and with the full knowledge of the plans, profiles, specifications and estimates and all pro- visions of the contract and bonds; that this Proposal is made without collu- sion on the part of any person, firm or corporation, and that he has not divulged the information contained in the Proposal to any person whomsoever, except those having a partnership or other financial interest with him in the Proposal. He further states that he will enter into a contract to construct said improvements in accordance with the specifications, and have same com- pleted within 120 calendar days from the date of the Notice to Proceed for the unit and lump sum prices set out below. M CLELLAND CONSULTING ENGINEERS , INC. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 PROPOSAL SCHEDULE Unit , Unit No. Quantity Item Price Extended' ASBELL PARK A 1 Lump Sum Grading $_ $ 789.00 Seven Hundred, Eighty Nine dollars L.S. 'words A 2 .Lump Sum 18" RCP Culvert @ Park Lot $ $ 186.00 One Hundred Ei htSix dollars L.S. words)y A 3 4 ea. Bleacher Units $ 852.00 ea. $ 3408.00 Eight Hundred, Fifty two dollars ea. (words) A 4 2 ea. Dugouts, complete $ 2904.00 ea. . $ 5808.00 'No Thousand, Nine Hundred, Four dollars ea. words) A $ 2 sets Bases, Pitcher's Board, Home Plate $ 112.00 /set $ 224.00 One Hundred, Twelve dollars/set words) A 6 Lump Sum .12'.x.32' Back Stop $ $ R67 no Eight Hundred, Sixty Seven dollars L.S. (words A 7 Lump Sum 10' x 25' Pack Stop $ - $ 575.00 Five Hundred Seventy Five dollars L.S. (words) A 3 Lump Sum Concession Stand, complete w/restrooms $ $21,494.00 1\enty One Thousand, Four Hundred, Ninety Four dollars L.S. (words) A 9 2 ea. Benches $ 49.00 ea. $_ 98.00 Forty Nine dollars each (words) TT%-� CLELLAND CONSULTING ENGINEERS INC 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Al0 256 S.Y. Asphalt Paving $ 4.00 /S.Y. $ 1024:00 Pnnr dollars/S.Y. (words) All 670 ft.. 24" Conc. Curb &Gutter $ 3.75 /ft. $ 2512.50 . Three Dollars, Seventy Five 'cents/ft:. (words) • Al2 1270 ft. 4' Chain Link Fence, w/ gates $ 2.88 At. $ 3657.60 Two Doljars, Eighty Eight cents/ft.. (words) A13 Lump Sum Electrical Work $ $ 9828.00 Nine Thousand, Eiciht.Hundred, Twenty Eight dollars L.S. (words) A14 3 ea. Waste Receptacles $ 135.00ea. $ 405.00 One Hundred, Thirty Five dollars ea (words, A15 Lump Sum Inlet and 30'12" RCP $ 141.90L,.S.' $ 141.90 One Hundred Forty One and 90/100 dollars L.S. (cords) Sub -Total $ 51,018.00 BATES PARK B 1 Lump Sum 'Pavilion $ $ 23,057.00 Twenty Three Thousand, Fifty Seven dollars L.S. (words) - B 2 24 ft. 18" RCP Culvert $ 7.00/ft. $ 168.00 - Seven. dollars/ft. (words; B 3 120 ft. 12" RCP Culvert. $ 5.35 /ft. $` 642.00 • Five Dollars, Thirty Five .cents/ft.. (words) B 4 Lump Sum Excavation $ $ 300.00 - Three Hundred dollars L.S. (words) ITT -3 AS CLELLANO CONSULTING ENGINEERS . INC 1 B 5 Lump Sum 20 Creosoted Car Stops $ L.S. $ 230.00 • dollars L.S. .j;„ndrnrl, words B 6 1245 S.Y. SB -2 (6" thick) • $ 1.57 /S.Y. i$ 1954.65 Dollar Fift Seven Dents/S.Y.• _One (words B 7 . 3 each Benches' $ 49.00 ea. $ 147.00 . Forty Nine dollars ea. (words) B 8 6 each Picnic Tables $ 193.00ea. $ 1158.00 One Hundred Ninety Three dollars.ea. (words) B 9 3 each Waste Receptacles $ 135.00ea. $ 405.00 One Hundred, Thirty Five ' dollars ea. (words) B10 1 each No. 8006 Swing Set (Bergfeld) $ 395.00ea. • $ 395.00 Three Hundred; Ninety Five dollars ea. (words)` B11 1 each No. 950 Outdoor Muscle Man (Bergfeld) $ 420.O0ea. $ 420.00 Hundred, Four Hundred Twenty dollars ea. B12 Lump Sum Plantings around gas meter enclosure $ 35.00 $ 35.00 ' Thirty Five dollars L.S. (words) Sub -Total $ 28,911.65 BUTTERFIELD PARK Bu 1 Lump Sum Excavation & Drainage Swale $ $ 300.00 Three Hundred dollars L.S. (words) Bu 2. 1 each 10' x 25' Back Stop $ • ea. $ 575.00 Five Hundred, Seventy Five dollars ea. (words) TII-4 M CLELLAND CONSULTING ENGINEERS INC. • Bu 3 Lump Sum Dead tree, limbs & stumps removal $ 230.00 $ 230.00 No Hundred, Thirty dollars L.S. (words\ flu 4 2 each Picnic Tables $ 193.00ea. $ 386.00 One Hundred, Ninety Three dollars ea. (words), Bu 5 Lump Sum Pavilion $ $ 23,057.00 Twent Three Thousand, Fifty Seven dollars L.S. word • ' Bu 6 1 each Waste Receptacle $ 135.00 ea. $ 135.00 One Hundred, Thirty Five dollars ea. (words) Bu 7 2 each No. 2108 Benches $ 98.00 ea. $ 196.00 Ninety Eight ' dollars ea. (words) Bu 8 3 each No: 3138 Benches $ 71.00 ea. $ 213.00 Seventy One dollars ea. (words) Bu 9 8 each Hard Maple Trees $, 56.00 ea. $ 448.00 Fifty Six dollars ea. (words) Bu10 1 each No. 657 Eagle's Perch $ 619.00 ea. $ 619.00 Six Hundred, Nineteen dollars ea. words) Bull 1 each No. 1084 Triple Duty Swing $ 427.00 ea. $ 427.00 Four Hundred, Twenty Seven dollars ea. (words) . Bu12 1 each No. 2.017 Slide 561.00 ea. 4$ 561.00 Five Hundred, Sixty One dollars ea. "' (words) Bu13 1 each No. 343 Tether ball $ 65.00 ea. $ 65.00 Sixty Five dollars ea. (words) IIT -5 cCLELLAND CONSULTING ENGINEERS _ INC Bu14 2 each No. D33-2RDCT Crawl/ Slide $ 185.00 $ 370.00 -ea. On�Htindr5�d_ Fid dollars ea. ords Sub -Total $ 27,582.00 HAPPY HOLLOW PARK H 1 Lump Sum Clearing and Undergrowth Clearing $ 300.00 $ 300.00 ihr� dollars L.S. wor� H 2 Lump Sum Excavation $_200.00 $ 200.00 B'o Hundred dollars L.S. words H 3 Lump Sum Pavilion & Covered Walk- way $ 28,767.00 $ 28,767.00 Twenty Eight Thousand, Seven - dollars L.S. S Jiundred, words H 4. 4 each Picnic Tables $ 193.,00ea• $ 772.00 One Hundred, Ninety Three dollars ea. (words) H 5 2"each Waste Receptacles $ 135.00ea. $ 270.00 One Hundred Thirty Five • dollars ea. (words) H6 1 each No. 1084 Swing $ 427.00ea. $ 427.00 • is. -• i„ e -I dollars ea. words 1• H 7 1 each No. 2017 Slide $ 561.00ea. $ 561.00 • 1 1 :,. ' ,Aft •t- dollars ea. words H 3 1 each No. 343 Tetherball $ 65.00ea. $ 65.00 Sixty Five dollars ea. (words) N 9 1 each No. 53 Health Ladder $ 167 00ea. $ 167.00 one Rundrnri, Si,zt- Snvnn- dollars ea. (words) TII-6 CLELLAND CONSULTING ENGINEERS - INC' • H10 1 each No. D83-2RDCT Crawl/ Slide $ 185-O0...ea• $ 185.00 One Hianflred dollars ea. 77-�'77``� (words Sub-Total $ 31.714.00 JEFFERSON PARK J 1 Lump Sum Excavation 250.00 250.00 I31tWomr y dollars L.S. i(wordsl) J 2 Lump Sum ' Pay.ilion$ 3,057 00 $23.057 00 duty Thre hol] dollars L.S. b1nt1,_Fifiy Seven (words) J 3 Lump Sum Remove dead limbs and back stops (2) $ 150.00 $ 150.00 One Hundred Fiftydollars L.S. (words) J 4 Lump Sum Chain Link Pedestrian Gate $ 60.00. $ 60.00 Sixty dollars L.S. - Cwords J 5 Lump Sum 10' x 25' Back Stop $ 575.00 $ 575.00 - .. . -. enty Five dollars L.S. words J 6 1 set Eases, Pitcher's Board, Home ?late $ 112.00 $ 112.00 One H eve dollars words) J 7 2 each No. 3138 ?enches $ 49.00ea. $ 98.00 Fc dollars ea: • words J 3 3 each Picnic Tables - $ 193.0Qea• $ 579.00 ..ene_Bundred. Nj y That dollars ea. (words) J 9 2 each Waste Receptacles $ 135.00ea. $ 270.00 ' One Hundred, Thirty Five dollars ea. • (words) anima I� L-� CI Ft 1 tun rnuent rur_.urrna __. • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 J10 2 each No. D33-2RDCT Crawl/, Glide $__i35 pea. $_ 370.00 One Hundred. EigbJ y Five dollars ea words)) J11 ' 2 each' ' No. 2.108 Benches $ 98.00ea. $ 196.00 Ninety Eight dollars ea. Lords Sub -Total $ 25,717.00 ROOT PARK R 1 Lump Sum Excavation and drainage swale • $ 250.00 $ 250:00 1ta Hundred Fifty dollars L.S. (words) R 2 Lump Sum Remove Back Stop $ 35.00 $ 35.00 Thirty Five dollars L.S. (words) R 3 Lump Sum Pavilion $ 23,057.00 $ 23,057.00 Twenty Three Thousand, Fifty Seven dollars L.S. (words) ' R 4 Lump Sum 10' x 25' Back Stop $ 575.00 _ $ 575.00 Five Hundred, Seventy Five dollars L.S. (words) R 5 3 each Picnic Tables $ 193:00ea. - $ 579.00 One Hundred } Ninety Three dollars ea. (words) R 6 20 ft. 15" RCP $ 6.20 /ft. $ 124.00 Six Dollars, Twenty - cents/ft: (words) 3 7 1 set Bases, Pitcher's Board, Nome Plate $ 110.00 $ 110.00 oe-jiundredf_dollars Lwords) R 3 Lump Sum Drive Repair $ 860.00 $ 860.00 Eight Hundred, Sixty dollars L.S. (words) 111-3 td CLELLAND CONSULTING ENGINEERS _ Ik t. R 9 3 each No.. 3138 Benches $ 49.00ea. $ 147.00 Forty Nine 41 dollars ea. (words, R10 2 each Waste Receptacles $ 135.00ea. 270.00 One Hundred Thirty c Five dollars ea. (words) Sub -Total $ 26,007.00 VA PARK. V 1 Lump Sum Park Lot Entrance' $ 190.00 $ 190.00 One Hundred Ninety dollars L.S. (words, - V 2 20 ft. 18" RCP Culvert . $ 7.00 /ft. $ 140.00 Seven dollars/ft. (words) V 3 Lump Sum Excavation ' $ 300.00 $ 300.00 Three Hundred dollars L.S. ' (words) V 4 Lump Sum Pavilion $ 4360.00 $ 4360.00 Four Thousand, Three Hundred, Sixty dollar, L S. (words) V 5 Lump Sum 10 Creosoted Car Stops $ 11.00 $ 110.00 - Eleven 1dollars L.S. (words V 6 600 S.Y. SB -2 (6" thick) $ 1.55 S.Y. $ 930:00 4 One Dollar, Fifty five . cents/S.Y. (words) V 7 4 each Picnic Tables $_193.00ea. $ 772.00 One Hundred, Ninety Three dollars ea. (words) V 8 2 each Waste Receptacles $ 135 plea. $ 270.00 One HIJnrdred ThirtyFive dollars ea. . (words . 111-0 cCLELLANO CONCIJLTINO. FNr.INFFRC INC> 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • V 9 Lump Sum Two Hundred, Clearing and Hand clearing under growth $ 280.00 Eighty ' dollars L.S. $ 280.00 (Tiords) V10 Lump Two Hundred Sum . 2 Drop Inlets $ 200.00 $ 200.00 dollars L.S. (words), Enclosed dollars liquidated the work within fail to ten (10) Dated October herewith is ($ 1 Sub -Total Total Bid a bid bond for 5% of the $ 7,552.00 $ 198,501.65 amount of bid ) which we agree the Owner may cash and retain to enter into contract for contract is adarded to us the opening. of bids and we for in the "specifications within ; this 19 day as of damages in the event of our failure covered by this proposal, provided the thirty (30) days from the date fixed for execute the required bonds as called days after execution of the contract. at , 1973. submitted, Construction Company ke - a/// y / /L.sc,..,K...z .Respectfully Heckathorn 74-121 BY: lPa^��A�'�ne - IF CORPORATION) _ INC > III -l0 d 2/#7,97X �i crli (SEAL, (;•;embers of Company if Partnership) • cCLELLAND CONSULTING ENGINEERS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT STATE OF ARKANSAS COUNTY OF WASHINGTON THIS A ' NW Ip made and entered into on this 7 ti day of November, 1973, by and between the City of Fayetteville, Fayetteville, Arkansas, Party of the First Part, hereinafter called the Owner, and Heckathorn.Construction Company of the City of Fayetteville, Arkansas, Party of the Second Part, hereinafter called the Contractor. WITNESSETH: That Whereas, the Omer has called for bids for Construction of Park Facilities as set out in these Specifications and approved by the Owner, and WHEREAS,' the Contractor is the best bidder for the work hereinafter set out, pursuant to the published call for bids under said Plans and Specifications, NOW, THEREFORE, the Contractor agrees with the Owner to furnish the materials and complete the construction and outfitting of seven parks in the Fayette- ville Park system including all related work as shown on the Plans and des- cribed in the Specifications pertaining thereto, for the unit prices and lump sum bids in the Proposal, said Proposal being a part of this Contract, the total sum being one hundred ninety eight thousand; five hundred one and 65/100 dollars ($198,501.65), such sum being the agreed amount upon which bonds and. liabilities are based, and at his own cost and expense furnish all supplies, labor, machinery, equipment, tools, supervision, bonds, insurance, and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Proposal attached hereto and made a part hereof, and in accordance with the General and Detailed Specifications, and in accordance with the plans, which includes all maps, • plats, blue prints and other drawings, and written or printed explanatory matter thereof. The Contractor agrees to complete all work pertaining to parks construction 120.calendar days from the date of the execution of the contract. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Proposal therefore, subject to additions and deductions, as provided in the General and Detailed Specifications, and to make payment on account there as provided below: As soon as is practicable after the first of each calendar month; the Owner will make partial payments to the Contractor__for work performed duriing the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Upon completion of the work and final acceptance by the Owner and Engineer; the Engineer shall issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any.. McCLELLAND CONSULTING ENGINEERS . INC • 1, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner ofprogress and time of completion of the. work hereunder, shall be, and are essential conditions hereof. The Contractor agrees to commence work as specified in the Detailed Specifi- cations, and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time specified herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages the sum of fifty dollars ($50.00) per day for each working day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presimmed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due the Contractor under Final Estimate of said work, after the completion thereof, and Con- tractor shall only be entitled to the Final Estimate, less such amounts of liquidated damage. If the Contractor be delayed at any time in the pivgress of the work by any act or neglect of the Owner or of his employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. Similarly, should the Contractor be unable to complete the work due to persistent inclement weather or because of delays in delivery of necessary construction components, allowances shall be made in the completion time. No such extension shall be made for delay' occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Con- tractor by the Owner or by the Engineer, then the Owner shall have the option of declaring this contract at an end, in which event, the Owner shall not be liable to the Contractor for any work, theretofore performed hereunder, or, of requiring the surety. hereto, -upon ten (10) days notice, to complete and carry out the contract of Contractor, and in that event, should the surety fail, neglect or refuse to carry out said contract, said Owner may complete the said contract at its own expense, and maintain an action against the Contractor and the surety hereto for the actual cost'of same, together with any damages or other expense sustained or incurred by Owner in completing this contract less the total amount provided for hereunder to be paid Contractor, upon the com- pletion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. M CLELLAND CONSULTING ENGINEERS , INC,- IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. I i hese/ Witnesses ATTEST: Lai. yd.", BY: �j/ F //"" CANP Azie dee s2 l CITY OF FAYCITEVILLE FANIMO ILLE,� AR} NSAS G��ilwa�f-L� BY: 4414.4‘,Y (Title) Mayor • CLELLAND CONSULTING ENGINEERS , INC 1 1 1 1 1 1 1 1 I 1 1 1 11 1 1 1 • ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We, Heckathorn Construction Company , as Principal, hereinafter called Principal or Contractor,.and St. Paul Fire and Marine Insurance Company , hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Fayetteville, Arkansas, as Obligee, hereinafter called Owner, in the amount of one hundred ninety eight thousand five hundred one,'':65/1t00 Dollars 4198,501.65 ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents Principal has by written agreement dated November 7, 1973 entered into a contract with the OWNER for construction of Fayetteville Parks Facility ' , which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure to do so and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such,default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said"contract failing which such persons shall have a direQt,right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shrill be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or pro- ceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them; their heirs, personal represen- • tatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or for- bearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. V-1 k1cCLELLAND CONSULTING ENGINEERS , INC ;1 1 ;1 1 1 1 1 1 1 1 1 This bond is executed pursuant to the terms of Act 209 of 1957 of the Arkansas Legislature. Executed onthis 7th 1. day of' Novemher , 1971 e. Don Heckathorn and Gilford Heckathorn D/B/A Heckatptrn ro • ion At .e -.47 Ir PRINCIPAL St. Paul Fire an rin - et nsuA4ncCompany x4"y_ A.P. Eason, Jr., Attor • V-2 • • k9 CLELLAND CONSULTING ENGINEERS , INC. Class 1 CERTIFIED COPY OF POWER OF ATTORNEY Original on File at Home Office of Company. See Certification. FIDELITY AND SURETY DEPARTMENT ST. PAUL FIR7E and MARINE r HOME OFFICE: ST. PAUL, MJNNESOTA (A Capital Stock Company) KNOW ALL MEN BY THESE PRESENTS. That the St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, and having its principal office in the City of Saint Paul, Minnesota, does hereby constitute and appoint A. P. Eason and A. P. Eason, 4.2. individually, Fayetteville, Arkansas its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. 'This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V, - —Section. 6(C), of the By -Laws adopted by the Board of Directors of the ST. PAUL FIRE AND MARINE INSURANCE COMPANY. at ameeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C). "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute 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 (2) To appoint Special Attorneys -in -fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section andjor any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May. 1959, of which the following is a true excerpt "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." sanaasa IN TESTIMONY WHEREOF, the St. Paul Fire and Marine Insurance Company has caused this FtRE 414tq� 'frinstrument to be signed and its corporate seal to be affixed by its authorized officer, this 20th PMarch zgday of mAP A. D. 1973 STATE OF MINNESOTA County of Ramsey ST. PAUL FIRE AND MARINE INSURANCE COMPANY Vire Pt -trident. On this 20th day of - March 19 73 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the St. Paul Fire and Marine•Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and C affixed my Official Seal, at the City of Saint Paul, Minnesota, the day and year first above written. C. L. JAEGER Notary'Ptitilic,Remsey'County;-Mfnn-+� �'�„ My Commission Expires June 2, 1974. CERTIFICATION I, the undersigned officer of the St. Paul Fire and Marine Insurance Company, do hereby certify that I. have compared the foregoing copy of the Power of Attorney and affidavit, and the .copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney,* with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are r in full_.force and effect. correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now IN,TEST.iMONY WHEREOF, I have hereunto set my hand th =ar * NterCci iUnnheted as to character and amount. 10870 CPS Rev: B-rO Printed In U.S.A. 7th day of November 19 73 Secretary. 9..214 a. ADDENDUM NO. 1 FAYETTEVILLE PARKS PROJECT CITY OF FAYETTEVILLE, ARKANSAS The following changes, additions or conditions shall become a part. of the Specifications of the above -titled project. 1. Wage rates, as appended hereto, shall be effective during the performance of work under the Contract. 2. Middle horizontal cross emirs for the baseball back -stops shall be 1 1/2" galvanized pipe. The Bidder is to sign in the space below to indicate receipt and understanding of the above. This addendum shall be submitted with the Proposal and other Bid Documents at the time of the bid opening. Date: // 2 73 Contractor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DALE BUMPERS - GOVERNOR DALE CLINE - DIRECTOR ARKANSAS DEPARTMENT OF LABOR CAPITOL HILL BUILDING LITTLE ROCK • 72201 Mr. J. E. McClelland, P. E. McClelland Consulting Engineers, Inc. P 0 Box 151 Fayetteville, Arkansas 72701 Dear Mr. McClelland September 28, 1973 RE: Seven Parks Facilities Fayetteville, Arkansas Washington County I am enclosing Arkansas Wage Determination No. 73-150 establishing the current prevailing wages to be paid on the above noted_ project. Such rates are adopted pursuant to Section 9 (1) of Act 74 of 1969 as amended by Act 275 of 1969 and to Section 5(d) of the Rules Pertaining to the Administration of the Arkansas Prevailing Wage Law. In compliance with the Section 5 of the Law, this scale of wages must be posted in a "prominent and easily accessible place at the site of the work. s enc/ Very truly yours, Joseph L. Kirby Deputy Director !u L1 ;Ltd) By: Shirley Wilkins Executive Secretary