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HomeMy WebLinkAbout14-99 RESOLUTIONf • • RESOLUTION NO. 14 99 A RESOLUTION AWARDING BID NO. 99-14 IN THE AMOUNT OF $611,520 TO HECKATHORN CONSTRUCTION FOR RELOCATION AND CONSTRUCTION OF FIRE STATION NO. 4; AND APPROVAL OF A 5% PROJECT CONTINGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That, the City Council hereby awards Bid No. 99-14 to Heckathom Construction for relocation and construction of Fire Station No. 4, approves a 5% project contingency; and authorizes the Mayor and City Clerk to execute an agreement for said amount._A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this day of February , 1999. APPROVE By: ! f: - - •.\ (1L 10 B,f sir ii 4• M1 AirWl >1 —� I�c�ather Woodruff, City • • NAME OF FILE: 45 /4-qq/yecKHmt Coxs, ./ R&sTAiyon✓ .11.0. 11 CROSS REFERENCE: Date Contents of File Initials 2 -Oz -4q REs. /4-99 EX//L SIT it 6gerg EinEA r) 1-20-99 ATrAelIAFAr A (,GrsT OP Co,urRACT,DePidING9i 2-n49 eV/= Mwsfr>rA). 7-C 70.rcKExTfiC.C50,✓ PEli'knR__ AAyme.Ur RoA A -TA)oz RAA)CE_ c ER71-FS-CATFS Ft ,Br� N AE,e s POIL)E/2 oA Arro e y APPor,O -r A)G r. 1yN t . AYtnettEY -.k-t t 2-o;- q AaF�a kt�u&sr J 3'4049 STAFF £?drew (eNA,UGE'_ORt» io. / ) S-11-99 eo1 E VIE 11) (eilAtUa F QB &F,2 'i/o. 3) II -12-(Q ' (eN,4tig� 6PR A go . 4) 1219 99 s' ;,)Iaww4 Qeil,Fw(e_ irec oRA64 ,I)9.5) .25-99 %c io 7o YIZc.' v fT4 &soA' / • • • EXHIBIT A icietREem Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AIA Document A101 - Electronic Format TIIIS !X)CUNIENT IIAS IMPORTANT LEGAI. CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED Valli RESPECT' TO ITS CO\IPLEITON OR \fUDIFICATION AUTHENTICATION OF TIIIS ELECTRONICALLY DRAFTED AIA IX)CI JMENF MAY !1E MADE In USING AIA DOCU\IENI' 1)401. The 1987 Edition of AIA Document A201. General Conditions of the Contra:4 for Construction , is adopted in this document by reference. Ito not use with other general conditions unless this document is modified. This document has leen approved and endorsed by 'Ihe Associated General Contractors of America Copyright 1915. 1918, 1925, 1937. 1951. 1958. 1961. 1962. 1967, 1974. 1977. copyright 1987 the American Institute of Architects. 1715 New Yrnk Avenue, N U'.. Washington, D . 20006-5292. Reproduction of the marcors) httein or substantial quotation of its provision without "vitt rn permission of the AIA violates the copvight laws of the United States and will be subject to legal prosecution. AGREEMENT made as of the twentieth dav of Januan in the year of Nineteen Hundred and Ninety -Nine BETWEEN the Owner: (Name and address) CITY OF FAYE11EVII.LE City Administration Building 113 West Mountain Street Fayetteville, Arkansas 72701 and the Contractor: (.Name and address( HECKATIIORN CONSTRUCTION COMPANY., INC 1880 Birch Avenue Fayetteville Arkansas 72703 The Project is: (Name and lac -anon) CITY OF FAYEITFVILLE, NEW FIRE STATION NO 4 Plainview Street, Fayetteville, Arkansas The Architect is. Marne and address) WIITENBERG DELONY Rt DAVIDSON INC. 100 West Center, Suite 102 Fayetteville, Arkansas 72701 The Owner and Contractor agree as set forth below m X 03 D AIA DOCL\IENI AI01 • OWNER -CONTRACTOR AGREEMENT • TWEl.1'rll EllrrioN • ,W\ • con RIGIfr 1987 • THE AMERICAN INSTrrIrrE OF ARCHITECTS. 1735 NEW YORK ACENUIE. N W.. WASHINGTON. I) C . 20006-5292 WARNING, 1:nlicensed photocopying violates 11 S. copyright laws and is .subject to legal prosecution This document was electronically produced with pemisnnn of the AIA and can be reproduced tvithout violation until the date ofespuamot, as noted below Electronic Format A101-1987 User Document: F-FS4201.DOC -- 1/20/1999. AIA License Number 131378, which expires on 6/30/1999 -- Page #1 • • • • 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 pan 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. tither 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.-er esfollew 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 he fixed in a notice to procccd issucd by the Owner. (Insert the date of commencement. of n duffers from the date of this Agreement. or, if applicable. state that the Jure 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. 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 daps 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 dote or number of calendar days after the date of commencement. Also insert any requirements for earlier .Substantial Completion of certain portions of the Work. ,f not stated elsewhere in the Contract Documents .1 Two Hundred Fortv (tau) 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 tune/ The Contractor shall pav to the Owner one hundred fifty dollars ($150.1)0) per calendar day for even. day past the time set by the "Notice to Proceed" according to Section 01100 Paragraph 1.08 of the Project Manual. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Six Hundred Eleven Thousand Five Hundred Twenty and no/100 Dollars ($ 611 52001 ), subject to additions and deductions as pro ided in the Contract Documents. 4.2 The Contract Sutn is based upon the following alternates. if anvwhich arc 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 mode by the Owner subsequent to the execution of this Igreement, attach a schedule of such other alternates showing the amount for each and the dare until which rho: amount is valid) None 4.3 Unit prices. if any. arc as follows: For undercut of unsuitable material and off-site disposal. Refer to Section 02300. ADD/DEDUCT $6.50/C.Y. For importing, placing, and compacting, select fill material at undercut areas only. Refer to Section 02300. ADD/DEDUCT $9.25/C.Y. Owner resents the right to review and negotiate Unit Prices that are deemed al the time required not to be in accordance with current market prices AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT ARCHITECTS 1735 NEW YORK AVENUE. N W., WASHINGTON, subject to legal prosecution. 'Ibis document was electronically produced noted below. User Document: F-FS4201.DOC • Twri.rrll EDITION • AIA • COPYRIGHT 19%7 • Tut: AMERICAN INSTITUTE OF D.C., 20006-5292. WARNING, Unlicensed photocopying violates 11 S. cop'nght law and u with permission of the Al,\ and can be reproduced without violation until the dale expiration as Electronic Format A101-1987 1/20/1999. AIA License Number 131378, which expires on 6/30/1999 -- Page #2 r n r • • 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 thc Twenty -Fifth (25th) dav of the month. 5.3 Provided an Application for Payment is received by the Architect not later than the twenty-fifth dav of a month. the Owner shall make payment to the Contractor not later than the Owner's next bill paving cycle related to the date the application is received at the City. div -of -the menth. 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 forty-five days after the eki+ec ct Owner receives the Application for Payment. 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 thc 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 thc 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 thc Work in the Schedule of Values. Tess retainage of tcn 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/ of the Gcncral Conditions cyto though the Contract Sunl has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sunt 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 al a location agreed upon in writing). Icss retainage of ten percent (1O %): 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 9 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 stlfTicient to increase the total payments to one hundred percent 100 %) of the Contract Sum. Icss such amounts as the Architect shall determine for incomplete Work and unsettled claims: and_ when all required "close-out" documents are received and approved by the Owner. 5.7.2 Add if final completion of the Work is thereafter materially delayed through no felt 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: wit is intended. pnor to Substantial Completion of the entire Work. to reduce or luno the retmnage resulting from the percentages inserted in Subparagraphs 5.6.1 AIA Ix)Ct)mENr A101 • OWNER -CONTRACTOR AGREEMENT ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASIIINC;ION. suhject to legal prosecution. This document was electronically produced noted below. User Document: F-FS4201.DOC -- 1/20/1999. • TWELITII EOn`ION • AIA • COPYRIGHT 1917 • II IE AMERICAN INsTfrllrE OF I).C.. 20006-5292. WARNING. Unlicensed photocopying violates US. copyright laws and is with permission of the AIA and can he reproduced without violation until the dale of expiration a Electronic Format A101-1957 AIA License Number 131378, which expires on 6/30/1999 -- Page #3 • and 5.6.2 above. and this is not explained elsewhere tn the Contract Documents.:nett here provisions for such reduction or limitation.) After 50% of the Contract Work has been completed, and IF_approvcd by the Owner and with written consent of surety, the Architect may recommend to the Owner that thc remaining partial retainage he eliminated ARTICLE 6 FINAL PAYMENT Final payment. constituting the entire unpaid balance of the Contract Sum. shall he made by the Owner to thc 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 thc Architect's final Ceniftcate for Payment. or as follows: Before issuance of the final payment ccniftcate the Contractor shall obtain in WRITING from the bond company approval of such payment. No certificate issued nor payment made to the Contractor nor partial or entire occupancy of the Contract Work by the OtSncr shall be deemed as acceptance of any work or materials not in accordance with this Contract or in agreement with the requirements of the 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 Documentthe 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. (Insert rare of merest agreed upon. :fatly) None. (Usury laws and requtrenents under the Federal Truth in Lending Act sunder state and local consumer credit laws and other rcguluaons al the Owner's and Contractor's pnnetpal places of business. the Iocanon of the Project and elsewhere may affect the validity of this provision. Legal advice should he 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 thc Gcncral Conditions 8.2 The Work may be suspended by the Owner as provided in Article 14 of thc 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. 9.1.2 The General Conditions arc the General Conditions of the Contract for Constniction. AIA Document A201. 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated December1e 1998. and arc as follows: Document Title 01)IUO Bid Solicitation 00200 Instnrctions to Bidders 00320 Geotechnical Data Pages I numbered page 3 numbered pages I..numbered page with attachment of 12 AIA DOCUMENT A101 • OWNE.R.CONTRACTOR AGREEMENT ARC)IITECTS. 1735 NEW i ORA AVENUE. N W.. WA.SIIINeiTON. subject to legal prosecution. This document was electronically produced noted below. User Document: F-FS4201.DOC -- 1/20/1999. • TWEt.PPII FDI'1'ION • AIA • COFyRI(Hrr 19R7 • THE AMERICAN INSrITUrE OF D.0 . 20006-5292. WARNING; unlicensed photocopying violates 11 S. copvnght laws and is with permission atilt: AlA and can be repnduc d without violation until the date oI cynration as Electronic Format A101-1987 AIA License Number 131378, which expires on 6/30/1999 -- Page #4 1 • 00400 00600 00700 00800 pis of Soil and Foundation Investigation from Gntbbs, Garner & Hoskvn, Inc. Bid Form 3 numbered pages Bond Requirements I numbered -pc General Conditions _ I numbered page with attachment of AIA Document A201 (32 numbered pages( Supplementary Conditions I 1 numbered pages 9.1.4 The Specifications arc those contained in thc Project Manual dated as in Subparagraph 9.1.3. and arc as follows: (Koller list the Spec:canons here or refer wan erhthit attached to this Agreement) Document Title Pages Divisions 1 through 16 as listed in the Table of Contents in the Project Manual dated December 18 1991t and all items trade a part thereof by Addendunt(s). 9.1.5 The Drawings are as follows. and are dated as listed on Attachment "A" tie (Either list the Drawings here or rafr to un cvhthrt attached to this Agreement Numhcr Date Pages As listed on Attachment "A" -- Drawing List (I page) 9.1.6 The addenda. if any. are as follows: Numhcr Date Pages No. I Issued January 14, 1999 5 Ages Portions of addenda relating to bidding requirements are not pan of the Contract Documents unless the bidding requirements arc also enumerated in this Anicic 9. 9.1.7 Other documents. if any. forming pan of the Contract Documents are as follows: (List here any additional documents which ore Intended to form part of the Contract Documents. The General Candmans provide that bidding requirements such as adverrtsement or invitation to hid. Instructions to Kidders. sample forms and the Contractor's hid are not part of the Contract Documents unless enumerated to this Agreement. They should be luted here only if intended to he part of the Contract Documents ) All bidding requirements and other documents as listed in Section 9.1.3 above are part of this agreement Attachment "A" Drawing List (2 Pages) This Agreement is entered into as of the day and year first written above and is executed in at (cast three original topics of rvhjch one is to be delivered to the Contractor, one to thc Architect for use in the administration of the Contract. and the remainder lo the Owner. OWNER (Stgnatur/) 7walint Fred Hanna Mavor - City of Fayetteville (Printed name and ode) Insert A: Don Heckathorn. President - Heckathorn Const.. (Printed name and tide) .VA 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-FS4201.DOC -- 1/20/1999. • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE A%IERICAN INST1'I1.1rE. OF 1)C . 20006-5292. WARNING. Unlicensed photocopying violates li.S. copyright laws and is with pemtission of the AIA and can he reproduced without violation until the date or espiration as Electronic Format A101 -19X7 AIA License Number 131378. which expires on 6/30/1999 -- Paoe #5 • ATTACHMENT "A" Page 1 of 2 List of Contract Drawings City of Fayetteville Fire Station No.4 Plainview January 20, 1999 • Sheet TI.2 Civil CI I 0.2 C1.3 C1.4 C1.5 Architectural A0.1 A1.1 A1.2 AI.3 A2.I A3.I A3.2 A3.3 A4.1 A4.2 A4.3 A6.1 Structural SI.1 S2.1 S3, I S4.1 Drawing Title Title Sheet Index Survey Dimension Plan Grading Plan Storm Sewer Plan Civil Site Details Jointing Plan Architectural Site Plan Floor Plan Reflected Ceiling Plan Roof Plan Exterior Elevations Wall Sections Wall Sections Miscellaneous Details Enlarged Plans, Interior Elevations Door & Window Details Millwork Sections Foundation Plan Foundation Details Roof Framing Plan Framing Details Date 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 ATTACHMENT"A" Page 2 of 2 List of Contract Drawings City of Fayetteville Fire Station No.4 Plainview January 20, 1999 Sheet UI.I Plumbing P1.1 P3.1 P3.2 P3.3 Mechanical MI.I M2.1 M3. Electrical El E2.1 E3.1 E3.2 Drawing 1 itle Utility Site Plan Plumbing Drain Plan Plumbing Supply Plan Plumbing Details Plumbing Schedules Plumbing Schedules Mechanical Plan Mechanical Details Mechanical Schedules & Controls Electrical Power Plan Electrical Lighting Plan Electrical Details & Diagrams Electrical Notes & Schedules Date 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 12-18-1998 P2.1 WITTENBERG. DELONY& DAVIDSON INC Northwest Arkansas Office • 100 West Center / Suite 102 • Fayetteville. AR 72701 • FAX 501/443-9515 • 501/443-6666 LETTER OF TRANSMITTAL 113/4 t CAC DATE 42 -227-c15 IOB NO. ATTENTION1 i' RE: � — �tt ttCQ/�% - ,(ET oR ttfN,5m GENTLEMEN: WE ARE SENDING YOU 'tadted 0 Under separate cover 0 v4' ❑ Stoup dravAngs ❑ Prints ❑ Plans ❑ Samples ❑ Copy of letter 0 Change order 0 ❑ SpectRcedons COPIES DATE NO. DESCRIPTION 2 i C4 -t I $wroc*o PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED. THESE ARE TRANSMITTED (as checked below) ❑ For Approval 0 As requested 0 ReNewed for general compliance 0 Resubrtit coples for approval O For your use 0 For review and consent 0 Reviewed with noted comments ❑Submit copies fordlsttibutbn O For your Information 0 Returned for corrections 0 Return conected prints 0 REMARKS. FAQ -watts? ( el -b u ve - f ae r, ss.)— int-etc-(AR., COPY TO: B'Y:F - CERTIFICATE OF INSURANCE • DATE (AIMDD YYI 01/26/99 PRODUCER 501.376.0716 The Cashion Company, Inc. P.O. Box 550 TIDS CERTIFICATE.. IS ISSUED ASA SMATTER OF INFORMATION ONLY AM/ CON ERS NO RIGHTS LION THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIFS lELnW, Little Rock, AR 72203 COMPANIES AFFORDING COVERAGE COMPANY A General Accident INSLRED Heckathorn Construction COMPANY B The St. Paul Fire & Marine Ins Company, Inc. 1880 Birch Avenue COMPANY C Fayetteville AR 72703 COMPANY D COVERAGES TIM IS TO CERTIFY THAT THE POLICIES OF IN MANCE LISTED BELOW HAVE. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTW IT)bTANDING ANY REQUIREMENT, TERM OR CCAI)ITHN CERTIFICATE EXCLUSIONS OF NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I5 SUI IECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE Of INSURANCE POLICY NUMBER POLICY EFF. DATE MSVDD/YY) POLICY EXU. DATE IMM/DDA-11 LIMITS GENERAL LIABILITY GENERAL AGGREGATE 2000000 A x coed M.GENERAI. LIABILITY CGL501150302 3/19/98 3/19/99 PR(RFCOMP:OP AGG.•2000000 CLAIMS MADE X OCCUR PERS B AD' EMERY 1000000 OWNER'S B CONTRACT'S PROT EACH OCCURRENCE 1000400 PRE DAMAGEIOee Fire) 5000(1 MED EXP(AAT one penal 5000 AUTOMOBILE LIABILITY COMBINED A X ANY AUTO 9A017767004 3/19/98 3/19/99 SINGLE LIMIT 1000000 ALL OWNED AUTOS BODILY SCHEDULED AUTON INJURY ter maw) X HIRED AUTOS X NON-0WNF.D ALTIX BODILY INJURY (Per a-v(beo PROPERTY DAMAGE GARAGE LIABILITY ALTO (NLY.EA ACCIDENT ANY AUTO —, OTTER THAN ARO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE 5000000 � A X ILMBRELLA FIRM XC010130603 3/19/98 3/19/99 AGGREGATE 5000000 OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYSTATUTORY LIMITS WC015227503 3/19/98 3/19/99 EACH ACCIDENT 500000 TICE PROPRIETOR/ — PARTNERS/EXEL'LTIVE INCE DISEASE-POLICY LIMIT 500000 OFF UM ARE: FXCL DISEASE-EACH EMPL. 500000 8 GEIER BLANKET BUILDERS RISK IM09101983 3/19/98 3/19/99 ALL RISK COVERAGE $9,000,000. LIMIT DESCRIPTION OF OPERATIONS(LOCATIONS/VEIOCLFS.SPECI AL ITEMS JOB: CITY OF FAVETTEVILLE FIRE STATION 14 (PLAINVIEW ST), FAVETTEVILLE WAIVER OF SUBROGATION AS RESPECTS GEN LIAB, AUTO LIAB & WORK COMP CERTIFICATE HOLDER CANCELLATION CITY OF FAYETTEVILLE SHOULD ANI OE THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Bargagenav MAIL 30 DAYS WRITTEN NOTICE. TO TICE CERTIFICATE HOLDER NAMED TO THE CITY ADMINISTRATION BLDG LEFT 113 WEST MOUNTAIN ID., Ia.e....Foe I'A ,. F IJ a t•eo.• JLV t• ,.F AAA.•••- A,F „t, • I • , STREET F1 �•. Y.00BAIM FI V•. Pc •T91.o TOLa FAYETTEVILLE, ALT el -_I E AR 72701 /' ACORD 25.5 (3/93) 2- 22 GENERAL ACCIDENT INSURANCE BINDER ' % i /III • SIXTY (64_ Insuring Company INSURANCE AND BONDS Day Binder THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 AS INDICATED BY A LIMIT OF LIABILITY OR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED SUBJECT TO THE INSURING AGREEMENTS. EXCLUSIONS. CONDI. TIONS, AND OTHER TERMS OF THE POLICY FORM PROVIDED THE COMPANY -S UNDLRIAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE AFFORDED BY IT UNDER THF POLICY FORM 1 NAME OF INSURED CITY OF FAYETTEVILLE, CITY ADMINISTRATION BLDG ADDRESS OCCUPATION 113 WEST MOUNTAIN STREET FAYETTEVILLE. AR 72701 2. Type of Coverage Limits of Liability or Amount of Insurance OWNER'S & CONTRACTOR'S $ 1,000,000. OCCURRENCE PROTECTIVE LIABILITY $ 2,000,000. AGGREGATE CONTRACTOR HECKATHORN CONSTRUCTION COMPANY, INC. 1880 BIRCH AVENUE FAYETTEVILLE, AR 72703 JOB CITY OF FAYETTEVILLE, NEW FIRE "POLICY SHALL NOT BE CANCELLED OR STATION ¢4, PLAINVIEW STREET, REDUCED, RESTRICTED OR LIMITED FAYETTEVILLE, AR UNTIL ( 30) DAYS AFTER THE OWNER & ARCHITECT HAVE RECEIVED WRITTEN NOTICE AS EVIDENCED BY RETURN CONTRACT AMT $ 611,520. RECEIPT OF REGISTERED OR CERTIFIED LETTER." INCLUDE ENGINEER AS ADDITIONAL INSURED WITTENBERG, DELONG & DAVIDSON, INC. 100 WEST CENTER, STE 102 FAYETTEVILLE, AR 72701 3. A PREMIUM CHARGE IN ACCORDANCE WITH THE APPLICABLE RULES AND RATES OF THE MANUAL IN USE BY THE COMPANY WHEN THIS BINDER BECOMES EFFEC. TIVE SHALL BE MADE FOR THE PERIOD COVERAGE 15 IN EFFECT. ACCEPTANCE BY THE INSURED OF A POLICY IN PLACE HEREOF SHALL RENDER THIS BINDER NULL AND VOID AS OF THE EFFECTIVE DATE OF SUCH POLICY. THIS EITHER MAY BE CANCELED BY THE INSURED OR BY THE AGENT BY MAILING TO THE COMPANY WRIT. TEN NOTICE STATING WHEN THEREAFTER SUCH CANCELLATION SHALL BE EFFECTIVE. THIS BINDER MAY BE CANCELED BY THE COMPANY BY MAILING TO THE INSURED AT THE ADDRESS SHOWN ABOVE AND TO THE AGENT WRITTEN NOTICE STATING WHEN. NOT BEFORE 12:01 A.M. THE THIRD BUSINESS DAY FOLLOWING THE DATE OF MAILING. SUCH CANCELLATION SHALL BE EFFECTIVE DELIVERY OF WRITTEN NOTICE SHALL BE EOUIVALENT TO MAILING. THIS BINDER EFFECTIVE THIS BINDER ISSUED DATE 01/26/99 HOUR 12:01 A.M. DAT 01/26 99 HOUR THE; •J1L N O'PANY INC. By 321 SCOTT ♦ P. 0. BOX 550 ♦ LITTLE ♦ 501-376-0716 ♦ FAX (501) 376.2118 ROCK, ARKANSAS Arkansas etutory Performance and 'ment 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 SIX HUNDRED ELEVEN THOUSAND FIVE HUNDRED TWENTY & NO/100 ($611,520.00) • • • for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and:-.; severally, firmly by these presents. n co -n Principal has by written agreement dated JANUARY 20, 1999>z u) r entered into a contract with the Owner for: CITY OF FAYETTEVILLE, NEW FIRE STATION NO. 4 PLAINVIEW STREET; FAYETTEVILLE, ARKANSAS which contract is by reference made a part hereof, and referred to as the Contract. C) w is hereinafter u' n m The condition of this obligation is such that if the Principfl co o shall faithfully perform the Contract on his part and shall fu.y indemnify and save harmless the Owner from all cost and damage wh ~ 0 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, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This bond given in compliance with Act 351 of 1953 as amended. Executed JANUARY 27, 1999 HECKATHORN CONSkR TJ ON/ COM NATIO By: I INSURANCE COMPANY OF HARTFORD A. Cashion a3 Attorney-in-fact • • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-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, Sheila J. Smith, Indmdualy of Little Rock. Arkansas their true and lawful Attorney(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 29th day of September 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 29th day of September 1998 before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, 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 saki 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 stip in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed m 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 77thdayof lanilatry 1444 (Rev.10/1/97) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Mary A. Ribikawskis Assistant Secretary • • thorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: 4 This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any lime, revoke all power and authority previously given to any attomey-in-fact." This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attomey-in-Fact Section 2. Appointment of Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President apd the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and s al shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall'with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." Arkansas etutory Performance and sment 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 SIX HUNDRED ELEVEN THOUSAND FIVE HUNDRED TWENTY & NO/100 ($611,520.00) • • • for the payment whereof Principal and Surety bind themselves, their, heirs, personal representatives, successors and assigns, jointly an severally, firmly by these presents. -11 Principal has by written agreement dated JANUARY 20, 1999 Cnm r - entered into a contract with the Owner for: _ = rn CITY OF FAYETTEVILLE, NEW FIRE STATION NO. 4 y o w -n PLAINVIEW STREET; FAYETTEVILLE, ARKANSAS i - which contract is by reference made a part hereof, and is heaercn-iaf-ber, referred to as the Contract. cn c> 3 rn The condition of this obligation is such that if the PrincxpS'l co o shall faithfully perform the Contract on his part and shall f141y o indemnify and save harmless the Owner from all cost and damage whagh 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, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This bond given in compliance with Act 351 of 1953 as amended. Executed JANUARY 27, 1999 HECKATHORN CO STRU O .may: ��� NATIONt FIRE INSU•a. E COMPANY OF HARTFORD By: Cas ion 2 3. a/2 - Attorney -in -fact • • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-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. Shedla J. Smith, Individually of Little Rock. Arkansas their true and lawful Attomey(s)-in-Fact with full paver 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 Attomey, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attomey 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 29th day of September 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 29th day of September , 1998 , before me personally came Marvin J. Cashion, to me known. who. being by me duly sworn, 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 pnnted 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 77th day of Tarn Lary . 1999 (Rev.10/1/97) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Mary A. Ribikawskis Assistant Secretary MI • Authorizing By -Laws and Resoluti • ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey-in-fact." This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attomey is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact." This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attomey granted pursuant to the Resolution adopted by this Board of Directors on February 17 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall -with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." GENERAL ACCIDENT Insuring Company • • INSURANCE BINDER INSURANCE AND BONDS SIXTY (60) Day Binder THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSFt r BOUND DURING THE PERIOD Or THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 A5 INDICATED BY A LIMIT Or LIABILITY OR AAIOUY. Or INSURANCE APPLICA8L7 THERETO ON THE R'SK HEREIN DESCRIBED SUBJECT TO THE INSURING AGREEMENTS EICLUSIONS CONDI TIONS AND OTHER . ERMS Or THE POLICY FORM PROVIDED THE COMPANY S UNDERTAKING-ERELuNDER SHALL BE W'T. RESPECT ONL• TC SUCH COVERAGES 4$ ARE AFFORDED BY I; UNDER THE POLICY rORM 1. %AME Cr INSI:PED CITY OF FAYETTEVILLE, CITY ADMINISTRATION BLDG ADDRESS OCCUPAUON 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701 2. Type of Coverage Limits of Liability or Amount of Insurance OWNER'S i CONTRACTOR'S $ 1,000,000. OCCURRENCE PROTECTIVE LIABILITY $ 2,000,000. AGGREGATE CONTRACTOR HECKATHORN CONSTRUCTION COMPANY, IN 1880 BIRCH AVENUE FAYETTEVILLE, AR 72703 JOB CITY OF FAYETTEVILLE, NEW FIRE "POLICY SHALL NOT BE CANCELLED OR STATION 04, PLAINVIEW STREET, REDUCED, RESTRICTED OR LIMITED FAYETTEVILLE, AR UNTIL ( 30) DAYS AFTER THE OWNER & ARCHITECT HAVE RECEIVED WRITTEN NOTICE AS EVIDENCED BY RETURN CONTRACT AMT $ 611,520. RECEIPT OF REGISTERED OR CERTIFIED LETTER." INCLUDE ENGINEER AS ADDITIONAL INSURED WITTENBERG, DELONG & DAVIDSON, INC. 100 WEST CENTER, STE 102 FAYETTEVILLE, AR 72701 3. A PREMIUM CHARGE IN ACCORDANCE WITH THE APPLICABLE RULES A.ND RATES OF THE .MANUAL IN USE By THE COVPANV WHEN THIS BINDER BECOMES ErrEC TINE SHALL BE MADE FOR THE RERIODCOvEPAGEE IS IN ErrECT ACCEPTANCE BY THE INSUPEDOC A POLICY IN PLACE HEREOF SHALL RENDER THIS PINDER .NULL AND VOID AS Or THE EEFEECTIVE DATE Or SUCH POLICY :HIS EITHER MAY BE CANCELED BY THE INSUREDOP BY T -E AGE.."T BY MAIL IN3 T J THE COMRAN• :TR❑ 7E4 NOTICE STATING WHEN THERE 4E TER SUCI. CANCELLATION SHALL BE ErrECTIVE TH.S BINDER MAY BE CANCELED BY THE CCURA•.. 9Y •.-IILIND 70 IHE INSURED AT THE ADDRESS SHCWN ABOVE ANO TO T'E AGENT WRITTEN .NOTICE STATING WHEN NOt BEFORE .2i' A v THE THIRD BUSINESS DA•=OLLOWI%G THE DATE Or M£TLINO. SUCH CANCELL A:IO% SHALL BE E. r ECT IVE DELIVER 0; WRITTEN NOTICE SHALL BE ECery ALEN: TO MAILING THIS BINDER Er;ECTIVE -15 BINDER ISSUED DATE 01/26/99 HOUR 12:01 A.M. DATE 01/26/99 OUR THE V C A\1 NC. By 321 SCOTT • P. O. BOX 550 • LITTLE ROCK, ARKANSAS • 501-376-0716 • FAX (501) 3762118 GENERAL ACCIDENT Insuring Company INSURANCE BINDER INSURANCE AND BONDS SIXTY (60) Day Bender THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING :HE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 AS INDICATED BY • LIMIT OF LIABILITY OR AMOUNT CF INSURANCE APPLICABLE T-EPETO OS THE RISK .IEREIN DESCRIBED. SUBJECT TO THE INSURING AGREEMENTS EKCLUSIONS CONDI. TIONS AND OTHER TERMS OF THE POLICY FORM PotVIOFD THE COMPANY $ UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SuC- COVERAGES AS ARE AFFORDED BV IT UNDER THE POLICY FORM 1 NAVE CF %SUREC CITY OF FAYETTEVILLE, CITY ADMINISTRATION BLDG ADDRESS OCCUPATION 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701 2. Type of Coverage Limits of Liability or Amount of Insurance OWNER'S & CONTRACTOR'S $ 1,000,000. OCCURRENCE PROTECTIVE LIABILITY $ 2,000,000. AGGREGATE CONTRACTOR HECKATHORN CONSTRUCTION COMPANY, INC. 1880 BIRCH AVENUE FAYETTEVILLE, AR 72703 JOB CITY OF FAYETTEVILLE, NEW FIRE "POLICY SHALL NOT BE CANCELLED OR STATION 14, PLAINVIEW STREET, REDUCED, RESTRICTED OR LIMITED FAYETTEVILLE, AR UNTIL ( 30) DAYS AFTER THE OWNER & ARCHITECT HAVE RECEIVED WRITTEN NOTICE AS EVIDENCED BY RETURN CONTRACT AMT $ 611,520. RECEIPT OF REGISTERED OR CERTIFIED LETTER." INCLUDE ENGINEER AS ADDITIONAL INSURED WITTENBERG, DELONG & DAVIDSON, INC. 100 WEST CENTER, STE 102 FAYETTEVILLE, AR 72701 3. A PREMIUM CHARGE IN ACCORDANCE WITH THE APPLICABLE RULES AND RATES OF THE MANUAL IN USE BY THE COMPANY WHEN THIS BINDER BECOMES EFFEC !AVE SHALL BE MADE FOR THE PERIODCOVFRAGE IS IN EFFECT ACCEPTANCE BY SHE INSURED OF • POLICY IN PLACE HEREOF SHALL RENDER T-15 BINDER NULL AND VOID A5 OF THE EFFECT:YE DATE OF SUCH POLICY THIS EITHER MAY BE CANCELED BY THE INSURED0R BY THE AGENT BY MAILING TO T -E COMPANY WRIT. TEN NOTICE STATING WHEN THEREAFTFR SOC- CAVCFE! ATION SHALL BE EFFECTIVE THS BINDER MAY BE CANCELED BY THE COMRA../ BY MAILING TO THE 1N5URCP AT THE ADDRESS SHOWN ABOVE A.ND TO THE AGENT WRITTEN NOTICE STATING WHES. NOT BEFORE :: i• A M T -E THIRD BUS:NESS DAY FOLLOWING THE DATE OF MAILISG SUCH CANCELLATION SHALL BE EFFECTIVE DELIVERY OF WRITES NOTICE SHALL BE ED'JIVALE.NT TO MAILING T-15 BINOEP EFFECTIVE THI5 BINDER ISSUED OATS 01/26/99 HOUR 12:01 A.M. DATE 01/26/99 HOUR THE C.. - • IN es. PANY INC. By . Adi. 321 SCOTT • P. O. BOX 550 ♦ LITTLE ROCK, ARKANSAS ♦ 501376-0716 • FAX (501) 376.2118