HomeMy WebLinkAbout155-98 RESOLUTIONrr
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N.
RESOLUTION NO 155-98
A RESOLUTION AWARDING BID NO. 98-83 IN THE AMOUNT
OF $149,621 TO HECKATHORN CONSTRUCTION, PLUS A
PROJECT CONTINGENCY AMOUNT OF $14,000 FOR THE
VETERANS MEMORIAL PARK PROJECT; AND APPROVING
THE COMBINING OF PROJECT NOS. 96034 AND 97018.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hereby awards Bid No. 98-83 in the amount of
$149,621 to Heckathom Construction, plus a project contingency amount of $14,000; and authorizes
the Mayor and City Clerk to execute a contract m said amount A copy of the contract is attached
hereto marked Exhibit "A" and made a part hereof.
97018.
Section 7. The City Council hereby approves the combining of Project Nos. 96034 and
PASSED AND APPROVED this 1Z day of November , 1998.
APPROV
By
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Cle
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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 BY USING AIA
DOCUMENT D401.
The 1987 Edition of AIA 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 twenty-ninth day of October 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)
Veteran's Memorial Park
Restroom and Parking Lot Renovation
Fayetteville. Arkansas
The Architect is:
(Name and address)
Wittenberg, Delonv & Davidson. Inc.
100 West Center. Suite 102
Fayetteville. Arkansas 72701
The Owner and Contractor agree as set forth beldw.
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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: VET-101A.DOC -- 10/29/1998. AIA License Number 131378, which expires on 6/30/1999 -- Page #1
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ARTICLE 1
THE CONTRACT DOCUMENTS
t
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 [he entire Work described in the Contract Documents. except to the extent specifically indicated in the
Contract Documents to be the responsibility of others. eras-fellews-
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 fur differs from the dote of thisAgreement. or. if applicable, stare 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 Owner.
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 dans after rhe date of commencement. Also insert any requirements for earlier Substantial Completion of certain
portions of the IVark. if not stated elsewhere In the Contract Documents.)
One Hundred Fifty (150) consecutive calendar days from the date of the written "Notice to Proceed"
, 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 timed
Fiftv dollars ($50.00) per calendar day. not including acceptable delay days.
ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's perfonnance of the Contract the Contract Sum of
One Hundred Forty Nine Thousand Six Hundred Twenty One & 00/IOODollars IS 149.621.00 ). subject to additions and deductions
as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates. if any, which are described in the Contract Documents and are
hereby accepted by the Owner:
/State rhe numbers or other identification of accepted alternates. ;iacctsrons on other alternates are to he made by the Owner subsequent to rhe execution of this
Agreement. attach a schedule of such other alternates shaming the amount for each and the date until ivhich that amount is vabdd
Deductive Alternate One is rejected.
4.3 Unit prices. if any. are as follows:
No Unit Prices
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TW ELFT H EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITF,CTS. 1735 NEW YORK AVENUE. V.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 or the ALA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A1OI-19$7
User Document: VET-101A.DOC -- 10/29/1998. AIA License Number 131378, which expires on 6/30/1999 -- Page #2
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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 progress payments 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 one calendar month ending on the last day of the month, or
as follows:
For the period ending the Twenty -Fifth of the month.
5.3 Provided an Application for Payment is received by the Architect not later than the twenty-fifth (25th) day of a month. the
Owner shall make payment to the Contractor not later than the Owner's next regularly scheduledpurchase order processing period
day-ef the menti. 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 processeine period dans after the
Architect Owner receives the Application for Payment. Unless a problem with the Payment Request is identified by the Architect,
the Architect will have 5 working dans in which to review and process 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 percentage of completion of each portion of the Work as of the end of the
period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents. the amount of each progress payment shall be computed as follows:
5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule
of Values. less retainage of ten percent (10 %) . Pending final determination of cost to the Owner of changes in the Work. amounts
not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not • •
yet been adjusted by Change Order:
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site
for subsequent incorporation in the completed constniction (or. if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing). less retainage of zero percent (0 °A):
5.6.3 Subtract the aggregate of previous payments made by the Owner: and
5.6.4 Subtract amounts. if any. for which the Architect has withheld or nullified a Certificate for Payment as provided in
Paragraph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further 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
AIA DOCUMENT M01 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE 01'
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: VET-101A.DOC -- 10/29/1998. AIA License Number 131378, which expires on 6/30/1999 -- Page #3
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when all required "closeout" documents are received and approved by the Owner.
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.
5.8 Reduction or limitation of retainage. if any. shall be as follows:
(If it is intended. pnor 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.)
After fiftv percent (50"/4 of the contract work has been satisfactorily completed and W written consent of the Owner Bonding
Company and the Architect is obtained by the General Contractor additional retainage can be ceased or reduced in an amount
agreed to by the Owner
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 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 contract 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 date 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.
tlnsert ram of interest agreed upon. irony)
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
Contractor's 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 cis 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 after 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.
AIA DOCUMENT .4101 • 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 Fomtat A101-1987
User Document: VET-101A.DOC -- 10/29/1998. AIA License Number 131378, which expires on 6/30/1999 -- Page #4
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9.1,2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated October 9, 1998
and are as follows:
Document Title Pages
00100 Bid Solicitation 1
00200 _ Instructions to Bidders 3
00320 Geotechnical Data 1
00330 Existing Conditions 1
00400 Bid Form (modified in addendum) 3
00600 Bonds 1
00700 General Conditions 1 with attachment of
AIA Document A201(321
00800 Supplementary Conditions 11
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 tins Agreement)
Document Title Pages
Divisions l through 16 as listed in the Table of Contents in the Project Manual dated October 9, 1998.
9.1.5 The Drawings are as follows. and are dated October 9. 1998 unless a different date is shown below:
(Either list the Drawings here or refer w an exhibit attached to this.-lgreetnentl
Number Date
Septic System Permit -8/26/98
Pages
1
Septic System Drawing Diagrammatic
Layout and Details -8/7/98 1
Survev 1
C 1.1 Grading Plan -8/19/98 1
ALL Site Plan 1
A1.2 Enlarged Site Plan 1
A1.3 Floor Plan 1
A2.1 Section 1
SI 1 Stnictural Plans and Details 1
P1.1 Plumbing Plan -9/14/98 1
P2.1 Plumbing Details -9/14/98 1
P2.2 Plumbing Detail -9/14/98 I
P2.3 Plumbing Schedules -9/14/98 1
P2.4 Plumbing Schedules -9/14/98 1
P2.5 Plumbing Schedules -9/14/98 1
M1.1 Mechanical Plan -9/14/98 1
M2.2 Mechanical Schedules and Details -9/14/98 1
M2.2 Mechanical Schedules and Detail -9/14/98 1
El. 1 Electrical Power Plan -9/14/98 1
E2.1 Electrical Schedule and Details -9/14/98 1
E2.2 Electrical Schedules -9/14/98 1
9.1.6 The addenda, if any, are as follows:
Number Date Pages
I October 23. 1998 7
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.
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS. 1735 NEW YORK AVENUE. V.W.. WASHING FON..D.C.. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is
subject to legal prosecution. This document was electronically produced with pemtission (tithe AIA and can he reproduced without violation until the date of expiration as
noted below.
Electronic Format A101-1987
User Document: VET-101A.DOC -- 10/29/1998. AIA License Number 131378, which expires on 6/30/1999 -- Page #5
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9.1.7 Other documents. if any. forming pan of the Contract Documents are as follows:
(List here any additional documents which are intended to farm parr of the Contract Documents. The General Conditions provide that bidding requirements such as
advertisement or invitation to bid. Instructions to Bidders, sample forms and the Contractor's bid are nor part of the Contract Documents unless enumerated In this
Agreement. They should be listed here only if to be part of the Contract Documents.)
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) t
!/Y
Fred Hanna. Mayor
(Pru t+amj efnitt.Iii
V+ R •li
Heckathom Construction Co.. Inc. Don L. Heckathorn. President
!Printed nacre and tyle)
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AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT
ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASt[INCYFON.
subject to legal prosecution. This document was electronically produced
noted helow.
User Document: VET-101A.DOC -- 10/29/1998.
• TWELFTH EDITION • :UA • COPYRIGHT 1987 • 'THE AMERICAN INSTITUTE OF
D.C., 20006-5292. WARNING: Unlicensed photocopying violates 1I.S. copyright laws and is
with percussion of the AIA and can he reproduced without violation until the date of expiration ;u
Electronic Format A101-1987
AIA License Number 131378, which expires on 6/30/1999 -- Page #6
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AGENDA REQUEST
XX CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
For the Fayetteville City Council meeting
FROM:
Connie Edmonston
Name
2e5 ICC -q?
Pea/97S.)
ClfMoACOR-OC.2
lererrA4 Man
l/24/9'9
d
Parks & Recreation Public Works
Division Department
ACTION REQUIRED:
Approval of change order #1 with Heckathorn Construction on the Veterans
Memorial Park restroom and parking lot project. The change order is to add
a new water line to feed the existing water fountain and new restroom.
COST TO CITY:
S7flR
Cost of this Request
4470-9470-5806.00
Account Number
96034
Project Number
$181,1/2 Parkc Imprnvament
Category/Project Name
Category/Project
Budget
$169,591
Program Name
Funds Used To Date Sales Tax
$ 17,581
Remaining Balance Fund
U.B DGET REVIEW:
xx Budgeted Item
B dget Coordinator
CONTRACT/GRANT/LEASE REVIEW:
/4721/t/ A-0102 49
Date
/ r1
Avvvw
Administrative Services
Biget Adjustment Attached
Director
Acco
City Attorne
4v
Purchasing Officer
STAFF RECOMMENDATION: Approval of Change Order #1.
Date
1-41a5—Ti
Date
GRANTING AGENCY:
1
A Coordin
1
ternal Au.itor
"3
Date A
I -2S-1 9 v
Date
Services Director
/-Y
Date
/—ZS =r'5
Date
0,pate ate
642
Date
Cross Reference
New Item: Yes No
Prev Ord/Res
#: mss. 61-
Orig Contract
Date:
'1
STAFF RRVIBA POWI
Page 2
Description V QIQLa "MAEtuO'+aQ- y Ctar 4%*Meeting Date
Consents:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Reference Cements:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Charlie Venable, Public Works Director
FROM: Connie idmonston, Parks & Recreation Superintendent
DATE: January 22, 1999
RE: Change Order for Veterans Memorial Park Restroom/Parking Lot Project
The Parks and Recreation Division requests approval of a change order in the amount of $708
with Heckathom Construction for the Veterans Memorial Park restrooms. Plans were drawn to
use the current waterline for the new restrooms, but it was found they could not be used because
the waterline cuts across the septic lateral lines. Therefore, we need to add a water line from the
main meter that will be sized to feed the new restroom facility and the existing water fountain by
the sand volleyball courts. This addition would cost $708. There is a contingency of $14,000 for
this project which has not been used.
WITTENBERG DELONY & DAVIDSON ARCHITECTS
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TRANSMITTAL
NORTW ESTARKANSIS CWCE
I00 W. CEWIE&. S1111E 102
FAYEIIEWLIE AR 72701-6043
501/443-6646
501/443-9515 FAX
rrn
ARCHITECTS
TO: Connie Edmondston
Parks and Recreation
DATE: January 21, 1998, PROJECT NUMBER: 98013
ATTENTION:
RE: Veteran's Memorial Park
WE ARE SENDING YOU:
▪ ❑ SHOP DRAWINGS ❑ PLANS ❑ FLOPPY DISK ❑ ATTACHED
0 COPY OF LETTER 0 PRINTS ® CHANGE ORDER
0 SPECIFICATIONS 0 SAMPLES 0 0 UNDER SEPARATE COVER VIA:
COPIES
DATE
NO.
DESCRIPTION
3
1/18/99
Change Order #1
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
0
❑ AS REQUESTED 0 REVIEWED FOR GENERAL COMPLIANCE ❑ RESUBMIT _ COPIES FOR APPROVAL
❑ FOR REVIEW AND COMMENT 0 REVIEWED FOR NOTED COMMENTS ❑ SUBMIT _COPIES FOR DISTRIBUTION
0 RETURNED FOR CORRECTIONS ❑ RETURN _ CORRECTED PRINTS
REMARKS: Connie, please have signed and return 2 copies to me. One for our records and one fore the
Contractor. Thank You.
COPY TO: File
BY:
Lori Top
°WITtENBERG DELONY & DAVIDSON, INC.
Northwest Arkansas Office
100 West Center, Suite 102
Fayetteville, AR 72701
Tel: 501-443-6666 Fax: 501-443-9515
,CHANGE ORDER
PROJECT:
TO:
City of Fayetteville
Veteran's Memorial Park
Restroom and Parking Lot Renovation
Fayetteville, Arkansas
Heckathorn Construction Co.
1880 Birch Ave.
Fayetteville, Arkansas 72701
CHANGE ORDER NO: 1
PROJECT NO: 98013
DATE January 18, 1999
CONTRACT DATEOctober 29, 1998
CONTRACT FOR: General Construction
You are directed to make the following change(s) in this Contract:
1.
Add water line to feed existing water fountain and new restroom pavillion.
Add $708.00
Total amount of change order: Add
$708.00
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.
$149,621.00
$ 0
$149,621.00
$708.00
$150.329.00
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
WITTENBERG, DELONY & DAVIDSON, INC.
100 West Center, Suite 102
Fayetteville, AR 72701
B
i
,o3
4,V'.
DATE: 1 _ LclM
HECKATHORN CONSTRUCTION CO.
1880 BIRCH AVE.
FAYETTEVILLE, ARKANS
72701
i
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN
FAYETTEVILLE, ARKANSAS 72701
DATE: bit Or t
BY:
DATE: /
WITTENBERG, DELONY & DAVIDSON, INC.
Northwest Arkansas Office
100 West Center, Suite 102
Fayetteville, AR 72701
Tel: 501-443-6666 Fax: 501443-9515
PROPOSAL
REQUEST
PROJECT:
VETERAN'S PARK RESTROOM RENOVATION
FAYETTEVILLE, ARKANSAS
OWNER:
CITY OF FAYETTEVILLE
113 W. MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS 72701
PROPOSAL REQUEST NO:
01
DATE:
1-4-99
TO: PROJECT NO:
HECKATHORN CONSTRUCTION CO. 98012
1880 BIRCH AVE.
FAYETTEVILLE, ARKANSAS CONTRACT FOR:
72701 GENERAL CONSTRUCTION
Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed
modifications to the Contract Documents described herein. Quotation must be received by the Architect
within fourteen calendar days from date of Proposal Request. THIS IS NOT A CHANGE ORDER NOR A
DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN.
DESCRIPTION:
ADD WATER LINE FROM MAIN SUPPLY INTO PARK. ABANDON EXISTING WATER LINE
THAT FEEDS WATER FOUNTAIN AT MIDDLE OF VOLLEYBALL COURTS. SIZE WATER LINE
TO FEED NEW RESTROOM FACILITY AND THE EXISTING WATER FOUNTAIN.
ATTACHMENTS:
X-1
WITTENBERG, DELONY & DAVIDSON, INC.
By:
LORI TOP
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1
4
WITTENBERG DELONY & DAVIDSON, INC.
HELT DATE CONTENTS
X1
I4is
OB NO.
�IZ
riaoPosED Wyk LINE_
f R O 1 E C T T I T L E
V LTE$Ad1I s 44-
{2EstP-WM 1 IOV{1-Io
I. Q
x
1880 BIRCH AVE. AK^' 442.5386
72703
TO \t!ti-Eata2hnai„f w d Nt%tnsaid
lOD %es % Gcar S4tre 1o3.
�SYrrr-f=vlueI A( -i7°i
WE ARE SENDING YOU $Attached 0 Under separate cover via
❑ Shop drawings
❑ Copy of letter
O Prints
O Change order
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(LC44C G°3 NF 4C°tiiAKSE9flAd
GATE 1 -1.6-qi
Jon No. clip...
L'
ATTENTION 1.0
DATE
%oP
RE Vcre .445 MEMOWIAt- FSK
ACTION
i
SUBCONTRACTOR
OR SUPPLIER
the following items:
❑ Plans 0 Samples 0 Specifications
C4446= eecau esr '[
THESE ARE TRANSMITTED as checked below: ACTION CODE
REMARKS
Vs.for approval
❑ For your use
❑ As requested
O For review and comment
1. Approved as submitted
2. Approved as noted
3. Proceed with fabrication
as noted.
4. Revise & resubmit for record
5. Revise & resubmit for approval
6. Advise tentative delivery date
COPY TO
SIGNED: Dtel waThef C
11 enclosure an not as noted. kindly notify us at once.
COPIES
DATE
NO.
DESCRIPTION
ACTION
i
(214-At•t&C
0/24Y -t iec e
THESE ARE TRANSMITTED as checked below: ACTION CODE
REMARKS
Vs.for approval
❑ For your use
❑ As requested
O For review and comment
1. Approved as submitted
2. Approved as noted
3. Proceed with fabrication
as noted.
4. Revise & resubmit for record
5. Revise & resubmit for approval
6. Advise tentative delivery date
COPY TO
SIGNED: Dtel waThef C
11 enclosure an not as noted. kindly notify us at once.
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HECKATHORN
CONSTRUCTION COMPANY, INC.
1880 BIRCH AVE.
FAYETTEVILLE, AR 72703
CHANGE ORDER REQUEST # 1
DATE: January 14, 1999
To: Wittenberg, Delony &
Davidson, Inc.
100 W. Center, Suite 102
Fayetteville, AR 72701
Attn: Lori Top
PROJECT: City of Fayetteville
Veterans Memorial Park
Parking Lot & Restroom
Renovations
Archt Project No. 98012
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:
Per Proposal Request No. 1:
Add water line from main supply into park, abandoning existing
water line that feeds the existing water fountain and size new line to
fee Restroom Facility and the existing water fountain
ADD ----$708.00
WE AGREE hereby to make change specified for ADD $ 708.00
Date: 1/14/99
Don L. Heckathorn, President
FAYETTEVILLE
ENE CITY OF FAYETTEVILLE. ARKANSAS
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DEPARTMENTAL CORRESPONDENCE
41
To: Connie Edmonston, Parks and Recreation
From: Heather Woodruff, City Clerk
Date: February 2, 1999
Attached is a copy of the completed staff review form and signed change order with Heckathom
Construction (Veterans Memorial park restrooms) for your records I am also returning two
signed original change orders for you to distribute. The original will be microfilmed and filed
with the City Clerk.
cc. File
Internal Auditor
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W/TTENBERG, DELONYB DAVIDSON ARCHITECTS
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TRANSMITTAL•
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NORTHWEST ARKANSAS awCE
100 W Cease, Staff 102
FA rznEvate. AR 72701-6063
501/443-6666
501/4439515 FAX
WDA
ARCHITECTS
TO: Connie Edmondston DATE: December 28, 1998 PROJECT NUMBER: 98013
PARKS AND RECREATION
CITY OF FAYETTEVILLE ATTENTION:
RE: VETERAN'S PARK
WE ARE SENDING YOU:
❑ SHOP DRAWINGS
❑ COPY OF LETTER
❑ SPECIFICATIONS
❑ PLANS
❑ PRINTS
❑ SAMPLES
❑ FLOPPY DISK _
❑ CHANGE ORDER
0
® ATTACHED
❑ UNDER SEPARATE COVER VIA:
COPIES
DATE
NO.
DESCRIPTION
2
STATUTORY PERFORMANCE AND PAYMENT BOND
2
CERTIFICATE OF INSURANCE
2
SUBCONTRACTOR AND SUPPLIER LIST
2
BINDER FOR OWNER'S AND CONTRACTOR'S
PROTECTIVE LIABILITY INSURANCE POLICY
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
❑ RETURNED FOR CORRECTIONS 0 RETURN _ CORRECTED PRINTS
® FOR YOUR INFORMATION
0
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
•
Arkansas .iitutory Performance and Virment 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 ;to.,,
CITY OF FAYETTEVILLE, ARKANSAS D C7 ft
as Obligee, hereinafter called Owner, in the amount of x a rn rn
ONE HUNDRED FORTY-NINE THOUSAND SIX HUNDRED TWENTY-ONE ANU NIQ110V
($149,621.00) * * * To, ED co o
for the payment whereof Principal and Surety bind themselvee',heir
heirs, personal representatives, successors and assigns, jortinUayll3ndg
severally, firmly by these presents. taw
o I-,
Principal has by written agreement dated OCTOBER 29, 1998. o
entered into a contract with the Owner for: -
VETERAN'S MEMORIAL PARK - RESTROOM AND PARKING LOT RENOVATIOEP
FAYETTEVILLE, ARKANSAS
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 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, extensipai'oF0
e,O
forbearance being hereby waived. In no event shall the aggregat:'/4„
liability of the Surety exceed the sum set out herein. ,' -d,4 _ s ei
This bond given in compliance with Act 351 of 1953 as amendece: ___j
-
ut•o- LIN �.
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Executed DECEMBER 17, 1998
HECKATHINC
NATIONAL - 'E TNSSURANCE COMPANY OF HARTFORD
By:
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Attorney'ih.-fact
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POWER OF ATIONEY APPOINTING INDIVIDUAL APIORNEY-IN-FACT
or
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,lndividually
of Little Rock, Arkansas
their true and lawful Attomey(s)-in-Fact with full 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
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
aye
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 COMPANYa ft.l;ik,�„Tir
NATIONAL FIRE INSURANCE COMPANY 05/4 41 ORD
AMERICAN CASUALTY COMPANY OF READIt&t& P t NSY!d
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Mary A. Ribikawskis
AssiStant,Sepretarf ,
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