HomeMy WebLinkAbout147-98 RESOLUTION•
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RESOLUTION NO.] a 7 - 9 8
A RESOLUTION AWARDING BID NO. 98-90 IN THE AMOUNT
OF $51,226, PLUS A PROJECT CONTINGENCY IN THE
AMOUNT OF $5,000 TO HECKATHORN CONSTRUCTION
COMPANY FOR THE RENOVATION OF WILSON PARK
CASTLE; AND APPROVING A BUDGET ADJUSTMENT.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hereby awards Bid No. 98-90 in the amount of $51,226,
plus a project contingency in the amount of $5,000 to Heckathorn Construction Company for the
renovation of Wilson Park Castle; and authorizes the Mayor and City Clerk to execute a contract for
said amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 7 The City Council hereby approves a budget adjustment in the amount of
$32,612 increasing Park Improvements, Acct. No. 2250 9250 5806 00, Project No. 96094 1 by
decreasing Park Improvements, Acct. No. 2250 9250 5806 00, Project No. 98010 1. A copy of the
budget adjustment is attached hereto and made a part hereof.
..;. /`
Fj yn,<7
aA �. .
PASSED AND APPROVED this
• ,ASTTES?
Heather Woodruff, City Cl
_LfL day of November , 1998.
APPROVED:
By:
d Hanna, Mayor
X.,.rte,,,,,. IMF* )1116d
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EXHIBIT A
Standard Form of Agreement Between Owner and
Contractor where the basis of payment is a Stipulated Sum
AIA Document A101 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 13Y USING AIA
DOCUMENT D401.
The 1987 Edition of ALA Document A201, General Conditions of the Contract for Construction , is adopted in this document by reference. Do not use with other general
conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1962. 1967. 1974. 1977. copyright 1987 the American Institute of Architects. 1735 New York Avenue. N.W..
Washington, D.C.. 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright
laws of the /United States and will be subject to legal prosecution.
AGREEMENT
made as of the Gish day of November in the year of Nineteen Hundred and Ninety -Eight
BETWEEN the Owner:
(Name and address)
CITY OF, FAYETTEVILLE
113 WEST MOUNTAIN
FAYETTEVILLE, ARKANSAS 72701
and the Contractor:
(Name and address)
HECKATHORN CONSTRUCTION COMPANY, INC.
1880 BIRCH AVENUE
FAYETTEVILLE. ARKANSAS 72703
The Project is:
(Name and location)
WILSON PARK CASTLE RENOVATIONS
PHASE I & PHASE 11.
FAYETTEVILLE. ARKANSAS
The Architect is:
(Name and address)
WITT'ENBERG DELONY & DAVIDSON. INC
100 WEST CENTER, SUITE 102
FAYETTEVILLE. ARKANSAS 72701
The Owner and Contractor agree as set forth below.
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS. 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C.. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is
subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A101-1987
User Document: F-CASTLE.DOC -- 11/6/1998. AIA License Number 131378, which expires on 6/30/1999 -- Page #1
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'bY O Y
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ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General. Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached
to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents,
other than Modifications, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the
Contract Documents to be the responsibility of others, of -as -follows:
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date
of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a
notice to proceed issued by the Owner.
(Insert the date of commencement. if it differs from the date ofthis Agreement, or, if applicable. state that the date will be fixed in a notice to proceed.)
The date of commencement will be established in a written "Notice to Proceed" issued by the Architect for each phase.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner
in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other
security interests.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also Insert any requirements for earlier Substantial Completion of certain
portions of the Work, if not stated elsewhere in the Contract Documents.)
Sixty (60) consecutive calendar days from the date of the written "Notice to Proceed" for each of the two phases.
subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time.)
Liquidated Damages of One hundred dollars ($100.00) per calendar day, not including acceptable delay days.per the terns of
Article 1.10 of Section 01100 of the Project Manual.
ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of
Phase I: Twenty Five Thousand Three Hundred Sixty Three and no/100 Dollars & Phase II: Twenty Five Thousand Eight Hundred
Sixtv-Three and no/100 Dollars ($ 25 363.00 Phase I & $ 25 863.00 Phase it )- subject to additions and deductions as provided in
the Contract Documents.
4.2 The Contract Sunt is based upon the following alternates, if any, which are described in the Contract Documents and are
hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent ro the execution of this
Agreement. attach a schedule of such other alternates showing the amount for each and the date until which that anount is valid I
None
4.3 Unit prices, if any, are as follows:
None
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT
ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON,
subject to legal prosecution. This document was electronically produced
noted below.
User Document. F-CASTLE.DOC -- 11/6/1998.
• TWELFTH EDITION • ALA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
D.C.- 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is
with permission of the AIA and can be reproduced without violation until the date of expiration as
Electronic Format A101- 1987
AIA License Number 131378, which expires on 6/30/1999 -- Page #2
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by
the Architect, the Owner shall make progres„ a Jump sunt payments per Phase on account of the Contract Sum to the Contractor as
provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for Payment shall be enc catendar- ionth endiiig-en-the4ast-dayef-ire-mouth;-er
as follows:
Single lump sum payment for Phase I and Single lump sum payment for Phase11 per Article 9.3 Item I as modified in the
Supplementary Conditions,
5.3 Provided -an At the completion of each Phase of the work and if the Application for Payment is received by the Architect
not later than the Twenty Fifth day of a that month, the Owner shall make payment to the Contractor not later than the Owner's
next regularly scheduled purchase order processing period. day -of -the tttettth. If an Application for Payment is received by the
Architect after the application date fixed above, payment shall be made by the Owner not later than the Owner's next regularly
scheduled purchase order processing period days after the Architect receives the Application for Payment. Unless a problem with
the Payment Request is identified by the Architect, the Architect will have five (5) working days to review andprocess the Payment
Request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with
the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work
and be prepared in such :form and supported by such data to substantiate its accuracy as the Architect may require. This schedule.
unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications -for Payment shall -indicate -the perccntageef completion-ef-each-portionef-the-Werk-as-ef-the-endef_he-
5.6
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5.6.1. Take that portion -of -kite €entae -Sum-proporiy-allocable-te-cempleted4Work-as dot rrn••:••ed-by i ul ing-the percentage-
-pereen“
dispute -may -be -included -as -provided -in -Subparagraph 7.3.7 -of -tire General_Cendiliens even -though -the Contract -Sum -has -not -yet-
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5.6.2 Add-thatpertion
4t1_.l;e-eempleled-construction (o f appra:cd in adyancc rho
percent{ 4o}
leca
5.6.3 Sabt
to site at a
5.6.4 Subtract amour s. -if any, for -which -the Architect ha., -withheld -ermi kfiod-a Cc t ieate-for-Paytnent-as-provided-ii-
Paragra
5.7 The progress final lump sum_payment amount determined-inmccordance-whit-Paragraph 5.6 shall be -fernier modified
under the following circumstances:
5.7.1 Add. upon Substantial Completion of the Work. a sum sufficient to increase the total payments to one hundred percent
100 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims: and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor. any additional
amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 19117 • THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE. N.W.. WASHINGTON, D.C.. 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is
subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A101-1987
User Document: F-CASTLE.DOC -- 11/6/1998. AIA License Number 131378, which expires on 6/30/1999 -- Page #3
4
5.8 Retainage shall be as follows:
(/fn us intended, prior to Substantial Completion of the enure Work. to reduce or limit the retainage resulting from the percentages inserted in Subparagraphs 5.6.1
and 5.6.2 above, and this is not explained elsewhere in the Contract Documents. insert here provisions for such reduction or limitation.)
Retainage of 10% of the Contract Sum shall be held from the lump sum payment made at the end of each phase until all applicable
close out documentation and as -built drawings have been submitted to the Architect and approved by the Ower.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum. shall be made by the Owner to the Contractor when (1)
the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as
provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final
payment; and (2) a final Certificate :for Payment has been issued by the Architect; such final payment shall be made by the Owner
not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows:
.Before issuance of the lump sum final certificate the Contractor shall obtain in writing from the Bonding company approval of
such payment. No certificate issued nor payment made to the Contractor, nor partial or entire use or occupancy of the contract work
by the Owner. shall be acceptance of any work or materials not in accordance with the contract or contact documents.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the
reference refers to that provision as amended or supplemented by other provisions of the Contract .Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the dale payment is due at the rate stated below, or in
the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(Insert raw ofinterest agreed upon. if any)
None
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and
Contractors principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with
respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
7.3 Other provisions:
None
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued atter execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. AIA Document A101. 1987
Edition.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition.
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON. D.C.. 200065292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is
subject to legal prosecution. This document was electronically produced with permission of the AIA and can he reproduced without violation until The date of expiration as
noted below.
Electronic .Format A101-1987
User Document: F-CASTLE.DOC -- 11/6/1998. AIA License Number 131378, which expires on 6/30/1999 -- Page #4
4.
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9.1.3 The Supplementary and other Conditions of the Contract art those contained in the Project Manual dated October z]
1998, and are as follows:
Document Title Pages
00100 Bid Solicitation 1
00200 Instructions to Bidders
00320 Geotechnical Data
00330 Existing Conditions
00400 Bid Form 2
00600 Bonds 1
00700 General and Supplementary Conditions 4 with attachment of AIA
document A201 by reference
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Document Title Pages
Divisions 1 through 4 as listed in the Table of Contents in the Project Manual dated October 21. 1998
9.1.5 The Drawings are as follows, and arc dated August 04 1998 unless a different date is shown below:
(Either list the Dra wngs here or refer to an exhibit attached to this Agreement)
Number Date
C I.1 Survey
A1.1 Phase One Site Plan
A1.2 Phase Two Site Plan
A2.1_ Phase One Details
A2.2 Phase Two Details
Pages
9.1.6 The addenda, if any, are as follows:
Number Date Pages
None
Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are
also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(hist here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding regmrements such as
advertisement or invitatton to bid Instructions to Bidders. sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in tins
Agreement. They should be listed here only if intended to be part of the Contract Documents.)
City of Fayetteville Terms and Conditions.(2 pages)
This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which
One is to be delivered to the Contractor. one to the Architect for use in the administration of the Contract, and the remainder to the
Owner.
OWNER
(Signature) _� q�.�.�
Don) L . ti Eet2+47itp¢y> �(rOaG _• l
(Printed name and title) -
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSITI1TI'E OF
ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C., 20006-5292. WARNING: Unlicensed photocopying violates P.S. copyright laws and is
subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A101-1987
User Document: F-CASTLE.DOC -- 11/6/1998. AIA License Number 131378, which expires on 6/30/1999 -- Page #5
City of Fayetteville, Arkansas
Budget Adjustment Form
EXHIBIT B
Budget Year
1998
Department:
Division:
Program:
Public Works
Parks & Recreation
Parks Development
Date Requested
11/6/98
Adjustment #
Project or Item Requested:
$32,612 is requested in the Wilson Park
Castle Renovation Capital Project.
Project or Item Deleted:
$32,612 from the Wilson Park
Renovation Capital Project.
Justification of this Increase:
The additional funding is needed to cover
the submitted bid for this project.
Justification of this Decrease:
There will be sufficient funding in
project to meet objectives.
Account Name
Park Improvements
Account Name
Park Improvements
Increase Expense (Decrease Revenue)
Amount
32,612
Account Number
2250 9250
Project Number
5806 00 96094 1
Decrease Expense (Increase Revenue)
Amount
32,612
Account Number
Project Number
2250 9250 5806 00 98010 1
Approval Signatures
Req este
t .or. nator
D
artmen tt-cD.
ALAI
Ad tn. Se es Dtrecto
Mayor
fi7g/fs
Date
Date
/ j/6
Date
Blue Copy: Budget & Research / Yellow Copy
Budget Office Use Only
Type: A B
Date of Approval
C
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Requester
E
DADATA\FORMSBA-ADl•BADJF780. IVK4
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STAFF REVIEW FORM
AGENDA REQUEST
XX _ CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting
FROM:
Connie Edmonston
Name
Parks & Recreation Public Works
Division Department
ACTION REQUIRED:
Approval of change order #1 with Heckathorn Construction on the Wilson Park
castle renovation project The change order is to correct the drainage
problem around the arch bridge and to replace two areas of exposed aggregate
to match the new renovated areas.
COST TO CITY:
$1,404
Cost of this Request
2250-9250-5806.00
Account Number
96094
Project Number
$62,462 Parks Improvement
Category/Project
Budget
$56,095
Category/Project Name
Program Name
Funds Used To Date EMR
$ 6,367
Remaining Balance Fund
BUDGE
REV
10 Budgeted Item Liu get Adjustment Attached
4
ON
Administra ve Services Director
Bud et C••rdinator
CONTRACT/GRANT/LEASE REVIEW:
Purchasing Officer
STAFF RECOMMENDATION: Approval
Date
(-2fiic
Date
GRANTING AGENCY:
Date
of change order
Date
1-11-f
Date
pate
DAte
Date
/— toDate
#1.
Cross Reference
New Item: Yes No
PrevpOOrd/Res
#: (S ,47-9g
Orig Contract
Date:
Description
STAFF RMVIP9 PER
Meeting Date
Conents:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Reference Ooomts:
Page 2
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Charlie Venable,e'Public Works Director
FROM: Conroe t flmonston, Parks & Recreation Superintendent
DATE: January 27, 199
RE• Change Order for Wilson Park Castle Renovation Project
The Parks and Recreation Division requests approval of a change order in the amount of $1,404
with Heckathorn Construction for the renovation of Wilson Park castle area. This change order
would correct the drainage problem around the arch bndge and replace two areas of exposed
aggregate to aesthetically match the new renovated areas. (See attached drawing of areas.)
There was $5,000 budgeted as continency for this project in which no funds to date have been
used.
W/T/ENBERG, DEIONY & DAVIDSON ARCHITECTS
TRANSMITTAL
NORIHN'EST ARKANSAS OFACE
IX W. Cease,, Sour 107
FAYETTEVILLE Al? 71701-6063
501/443-6666
501/403-9515 FAX
111
ARCHITECTS
To: Connie Edmondston
Parks and Recreation
DATE: January 25, 1999 PROJECT NUMBER: 97017
ATTENTION:
RE: WILSON PARK
WE ARE SENDING YOU:
O SHOP DRAWINGS
❑ COPY OF LETTER
❑ SPECIFICATIONS
❑ PLANS
❑ PRINTS
O SAMPLES
❑ FLOPPY DISK
® CHANGE ORDER
❑ ATTACHED
❑ UNDER SEPARATE COVER VIA:
COPIES
DATE
NO.
DESCRIPTION
3
1-14-99
Change Order #1 for Wilson Park Castle
PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED.
THESE ARE TRANSMITTED (AS CHECKED BELOW)
® FOR APPROVAL
O FOR YOUR USE
❑ FOR YOUR INFORMATION
❑ AS REQUESTED 0 REVIEWED FOR GENERAL COMPLIANCE ❑ RESUBMIT _ COPIES FOR APPROVAL
❑ FOR REVIEW AND COMMENT 0 REVIEWED FOR NOTED COMMENTS 0 SUBMIT _COPIES FOR DISTRIBUTION
0 RETURNED FOR CORRECTIONS 0 RETURN CORRECTED PRINTS
REMARKS: Connie, please have all three copies signed and return 2 to me (one for us and one for the
Contractor). I made an addition error (no longer will I take my abilities to add for granted), the
Contractor has corrected and initialed this. Let me know if this is unacceptable to the City and I will d�
a new one. Sorry for the trouble.
COPY TO: File
BY
Lori Top
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"WITTENBERG; DELONY & DAVIDSON, SIN:.
Northwest Arkansas Office
100 West Center, Suite 102
Fayetteville, AR 72701
Tel: 501443 6666 Fax: 501-443-9515
CHANGE ORDER
PROJECT:
TO:
City of Fayetteville
Wilson Park Castle Improvements
Phase I and Phase 0
Fayetteville, Arkansas
Heckathorn Construction Co.
1880 Birch Ave.
Fayetteville, Arkansas 72700
CHANGE ORDER NO: 1
PROJECT NO: 97017
DATE January 14, 1999
CONTRACT DATENovember 5, 1998
CONTRACT FOR: General Construction
You are directed to make the following change(s) in this Contract:
1. Demolition, removal and replacement of areas of exposed aggregate indicated on X-3 in same size
and configuration of existing areas. Provide proper drainage at area adjacent to bridge. Salvage and re -set
all stone surrounding concrete and at the bridge. Provide two 1 1/2" schedule 40 PVC conduits in two
areas indicated.
Add $1,404.00
Total amount of change order: Add
$1,404.00
CONTRACT RECAP
The original Contract Sum was:
Net change by previously authorized Change Orders:
The Contract Sum prior to this Change Order:
The Contract Sum will be INCREASED by this Change Order:
The new Contract Sum including this Change Order will be:
The Contract Time will be changed by (0) days.
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
$51,226.00
$ 0
$51,226.00
$1,404.00
152wepp'ee
S,�'_'f.1w
WITTENBERG, DELONY & DAVIDSON, INC.
100 West Center, Suite 102
Fayetteville, AR 72701
DATE:
Pi
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HECKATHORN CONSTRUCTION CO.
1880 BIRCH AVE.
FAYETTEVILLE, KANS S 72701
B
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN
FAYETTEVILLE, ARKANSAS 72701
DATE: 0 t 2t tr\
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WITTENBERG, DELONY & DAVIDSON, INC.
Northwest Arkansas Office
100 West Center, Suite 102
Fayetteville, AR 72701
Tel: 501-443-6666 Fax: 501-443-9515
PROPOSAL
REQUEST
PROJECT:
WILSON PARK CASTLE RENOVATIONS
PHASE I AND PHASE II
FAYETTEVILLE, ARKANSAS
OWNER
CITY OF FAYETTEVILLE
113 W. MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS 72701
PROPOSAL REQUEST NO:
01
DATE:
1-6-99(REVISED 1-14-99)
TO: PROJECT NO:
HECKATHORN CONSTRUCTION CO. 97017
1880 BIRCH AVE.
FAYETTEVILLE, ARKANSAS CONTRACT FOR:
72701 GENERAL CONSTRUCTION
Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed
modifications to the Contract Documents described herein. Quotation must be received by the Architect
within fourteen calendar days from date of Proposal Request. THIS IS NOT A CHANGE ORDER NOR A
DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN.
DESCRIPTION:
DEMOLISH, REMOVE AND REPLACE AREAS OF EXPOSED AGGREGATE AND ROCKS
INDICATED ON ATTACHED DRAWING X-3. NEW AREAS ARE TO BE SAME SIZE AND
CONFIGURATION OF THE EXISTING. SALVAGE ROCKS SURROUNGIN.G CONCRETE PATIO
AND REUSE THEM ALONG THE EDGE AS DIRECTED BY ARCHITECT. SALVAGE ROCKS
ADJACENT TO BRIDGE AND RESET IN CONCRETE. PROVIDE PROPER DRAINAGE AT THE
AREA ADJACENT TO THE BRIDGE. PROVIDE TWO 1 1/2" SCHEDULE 40 PVC CONDUITS N
EACH OF THE TWO LOCATIONS SHOWN ON THE ATTACHED DRAWING.
ATTACHMENTS:
X-3
WITTENBERG, DELONY & DAVIDSON, INC.
By;
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SUBCONTRACTOR
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WE ARE SENDING YOU Attached ❑ Under separate cover via the following items:
O Shop drawings 0 Prints 0 Plans
0 Samples
0 Specifications
O Copy of letter `Change order 0
THESE ARE TRANSMITTED as checked below: ACTION CODE
AFor approval
2. Approved as noted
❑ For your use
3. Proceed with fabrication
❑ As requested as noted.
❑ For review and comment
REMARKS
1. Approved as submitted 4. Revise & resubmit for record
5. Revise & resubmit for approval
6. Advise tentative delivery date
COPY TO
SIGNED:
11 enclosures an not as noted. kindly notify us at once.
1vu 1t&
COPIES
DATE
NO.
DESCRIPTION
ACTION
A/�
J�.lI��l.D I /// .rIR-��� TI•A `JC.
- &ifaiST1/4
11
THESE ARE TRANSMITTED as checked below: ACTION CODE
AFor approval
2. Approved as noted
❑ For your use
3. Proceed with fabrication
❑ As requested as noted.
❑ For review and comment
REMARKS
1. Approved as submitted 4. Revise & resubmit for record
5. Revise & resubmit for approval
6. Advise tentative delivery date
COPY TO
SIGNED:
11 enclosures an not as noted. kindly notify us at once.
1vu 1t&
•
•
HECKATHORN
CONSTRUCTION COMPANY, INC.
1880 BIRCH AVE.
FAYETTEVILLE, AR 72703
REVISED
CHANGE ORDER REQUEST # 1R
DATE: January 15, 1999
To:Wittenberg, Delony &
Davidson, Architects
100 West Center, Suite 102
Fayetteville, AR 72701
Attn: Lori Top
PROJECT: City of Fayetteville
Wilson Park Castle
Renovations
Archt. Project No. 97017
This is our Change Order requesting the following revisions to the
above cited Contract. Included shall be all labor, equipment,
materials and taxes to complete the following changes:
On Proposal Request No. 1 dated 010699, the demolition, removal and
replacement of areas of exposed aggregate as per our conversation on
011499 to do the area to the east of bridge instead of area to the north
of castle. All other changes will be as indicated on Drawing X-1 to
keep same size and configuration of the existing areas. To salvage
rocks surrounding concrete for reuse and provide two 1-1/2" schedule 40
PVC conduits in each of two locations as shown on Drawing X-1.
ADD ----$1,404.00
On Proposal Request No. 2 dated 010699, provide stone walls on top of
the foundations provided in Phase I and on top of existing foundations
in the locations shown on Drawing X-2, to be constructed according to
Detail 1/A-2.2 in the Original Construction Documents.
ADD ----$5,410.00'
TOTAL AMOUNT OF REVISED CHANGE ORDER REQUEST NO. 1 ADD $6,814.6
WE AGREE hereby to make change specified for $ 6,814.00
Date: 1/15/99
Authorized By:
Cer/
Don L. Heckathorn, President
FAYETTEVILLE
THE CITY Of FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Charlie Venable, Public Works Director
FROM: Connit=ieElimonston, Parks & Recreation Superintendent
DATE: January 27, 199
RE• Change Order for Wilson Park Castle Renovation Project
The Parks and Recreation Division requests approval of a change order in the amount of $1,404
with Heckathorn Construction for the renovation of Wilson Park castle area This change order
would correct the drainage problem around the arch bndge and replace two areas of exposed
aggregate to aesthetically match the new renovated areas. (See attached drawing of areas.)
There was $5,000 budgeted as continency for this project in which no funds to date have been
used.
•
Wu tNBERG. DELONY& DAVIDSON ARCHITECTS
•
_!'Or1g
1 P A N S M 1 1 1 AL
NOROWISTARKANSAS010CE
100 W. CEVIE¢ Sw1F 102
FAYETTEVILLE AR 72701-A063
501/443ti666
50J/443 -951S FAX
•
TO: Connie Edmondston
PARKS AND RECREATION
CITY OF FAYETTEVILLE
DATE: December 28, 1998 PROJECT NUMBER: 97017
ATTENTION:
RE: WILSON PARK CASTLE RENOVATION
PHASE I AND II
WE ARE SENDING YOU:
❑ SHOP DRAWINGS
❑ COPY OF LETTER
❑ SPECIFICATIONS
❑ PLANS
❑ PRINTS
❑ SAMPLES
❑ FLOPPY DISK
❑ CHANGE ORDER
0
® ATTACHED
O UNDER SEPARATE COVER VIA:
COPIES
DATE
NO.
DESCRIPTION
2
STATUTORY PERFORMANCE AND PAYMENT BOND
2
CERTIFICATE OF INSURANCE
2
SUBCONTRACTOR AND SUPPLIER LIST
PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED.
THESE ARE TRANSMITTED (AS CHECKED BELOW)
❑ FOR APPROVAL 0 AS REQUESTED 0 REVIEWED FOR GENERAL COMPLIANCE 0 RESUBMIT _ COPIES FOR APPROVAL
❑ FOR YOUR USE 0 FOR REVIEW AND COMMENT 0 REVIEWED FOR NOTED COMMENTS 0 SUBMIT _COPIES FOR DISTRIBUTION
FOR YOUR INFORMATION 0 RETURNED FOR CORRECTIONS 0 RETURN _ CORRECTED PRINTS
REMARKS: CONNIE- PLEASE DISTRIBUTE TO LISA AS REQUIRED—I DID NOT KNOW IF YOU
WANTED HER TO HAVE THESE OR. IF YOU NEEDED THEM FOR ADMINISTRATIVE PURPOSES.
COPY TO: File
4
%t A
Lori Top
• Arkansas ittutory Performance and Viiment Bond
HECKATHORN CONSTRUCTION COMPANY, INC.
as Principal, hereinafter called Principal, and
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called Owner, in the amount of co
FIFTY-ONE THOUSAND TWO HUNDRED TWENTY-SIX AND NO/100 ($5122763.OQ!j
for the payment whereof Principal and Surety bind themselvesuDitlW.,.irr-
heirs, personal representatives, successors and assigns, j8`1A31f ant
severally, firmly by these presents. = z -n
CO o
Principal has by written agreement dated NOVEMBER 5, 10C
entered into a contract with the Owner for: m
WILSON PARK CASTLE RENOVATIONS / PHASE I & PHASE II N c., :3FAYETTEVILLE, ARKANSAS v' O o
which contract is by reference made a part hereof, and is heIeinaaft.
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 so to do and shall fully reimburse
and repay the Owner all outlay and expense which the Owner may incur
in making good any such default, and further, that if the Principal
shall pay all persons all indebtedness for labor or materials
furnished or performed under said Contract, failing which such persons
shall have a direct right of action against the Principal and Surety,
jointly and severally, under this obligation, subject to the Owner's
priority, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
No suit, action or proceeding shall be brought on this bond outside
the State of Arkansas. No suit, action or proceeding shall be brought
on this bond except by Owner, unless it is brought in accordance with
A.C.A. Section 22-9-403(b) and A.C.A. Section 18-44-503(b) (Supp.1987)
as amended. No suit, action or proceeding shall 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
representatives, successors or assigns from their liability hereunder,
notice to the Surety or Sureties of any such alteration, exteus'i•on or
forbearance being hereby waived. In no event shall the aggp6gp:t&0 /
liability of the Surety exceed the sum set out herein. �, 4�,
This bond given in compliance with Act 351 of 1953 as anleae . .-1 r, '
Q:: 2- i �'1 ' '1
Executed DECEMBER 17, 1998�ip,T lu
HECKATHO'.' ONSTR.CT,%'� • pleY •'1.c.j UO (a) A
.4D1r ,ser
'6y: i
NATIONAL F
By:
•
•
INSURANCE COMPANY OF HARTFOTh3S$ WA)"11.2:4,4
;''
Attlpney-in-fact
Kni•
"75—D
POWER OF AT-AILEY APPOINTING INDIVIDUAL WORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., William R. Plegge, William H. Griffin, Judy Schoggen,Individually
of Little Rock, Arkansas
their true and lawful Attomey(s)-in-Fact with hill power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed
This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof,
duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 23rd day of June 1998 .
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
dSIi
Marvin J. Cashion Group Vice President
State of Illinois, County of Cook, ss.
On this 23rd day of June , 1998 , before me personally came
Marvin J. Cashion, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Chicago, State of Illinois; that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the
seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to
be the act and deed of said corporations.
My Commission Expires March 6, 2000
CERTIFICATE
Mary Jo Abel Notary Public
I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 17th day of December 1998
(Rev.10/1/97)
CONTINENTAL CASUALTY COMPANYNATIONAL FIRE INSURANCE COPAY OF A CCA��,pp��
AMERICAN CASUALTY COMPANYtOFN EADINQR�rt4rtls�r,C RNIA
arfih'�
"fr3
nt ecretary‘,3r
j� ,.
• Gs
Mary A. Ribikawskis