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74-07 RESOLUTION
s RESOLUTION NO. 74-07 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH HECKATHORN CONSTRUCTION CO., INC. IN THE AMOUNT OF $1,290,520.00 FOR CONSTRUCTION OF FIRE STATION #3; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $170,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with Heckathorn Construction Co., Inc. in the amount of $1,290,520.00 for construction of Fire Station #3. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of $170,000.00. PASSED and APPROVED this 1st day of May, 2007. APPROVED: By: ATTEST: DAN COODY, Mayor By: a. t)MAC SONDRA E. SMITH, City Clerk/Treasurer • T IA Document A101' -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Second clay of May in the year of Two Thousand Seven (In words, indicate day, month and year) BETWEEN the City of Fayetteville: (Name, address and other information) City of Fayetteville Arkansas, Municipality 113 West Mountain Sty Fayetteville, AR 72701 Telephone Number: 479.575.8330 and the Contractor: (Name,address and other information) Heckathorn Construction Company. Inc., General Corporation 1880 Birch Avenue Fayetteville, Arkansas 72703 Telephone Number: 479.442.5386 Fax Number: 479.442.7385 The Project is: (Name and location) Fayetteville Fire Station #3 1050 South Happy Hollow Road - Fayetteville, Arkansas The Architect is: (Name, address and other information) SPANN Architecture Inc., Subchapter S Corporation 1108 West Poplar - Rogers Arkansas 72756 The City of Fayetteville and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201-1997, 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. AIA Document A101 r°-1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977. 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIC Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it. may result In severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11G621 on 04/10/2007 under Order No.1000294666_1 which expires on 3/29/2008, and is not for resale. User Notes: (662103199) • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of' the Work shall be the date of this Agreement 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 City of Fayetteville. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, stale that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the City of Fayetteville requires time to file mortgages, mechanic's liens and other security interests, the City of Fayetteville's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 270 days from the date of commencement, or as follows: (Insert nutnber of calendar days. Alternatively, a calendar date may be used when coordinated with the date of cormnencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) Liquidated Damages as stated in clause 1.11 of SECTION 01100 SUMMARY of the specifications. The Contractor and the Contractor's surety shall be liable for and pay the City of Fayetteville the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: Two Hundred Seventy Five dollars ($275.00). ARTICLE 4 CONTRACT SUM § 4.1 The City of Fayetteville shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Two Hundred Ninety Thousand Five Hundred Twenty Dollars and Zero Cents ($ 1,290,520.00 ), 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 City of Fayetteville: AIA Document A101TM-1997. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIC Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale) Document, or any portion of It. may result In severe civil and criminal penalties. and will be prosecuted to the moximam extent possible under the law. This document was produced by AIA software at 1 t06:21 on 04/10/2007 under Order No.1000294666_1 which expires on 3/29/2008, and is not for resale. User Notes: (662103199) 2 VP - (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the City of Fayetteville subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) § 4.3 Unit prices, if any, are as follows: Description Undercut & Backfill 24 " Drilled Pier Foundation complete 30 " Drilled Pier Foundation complete 24" Drilled Pier Casing 30" Drilled Pier Casing Rock Excavation (removal & disposal) Geothermal Well 300 feet deep Trenching Safety Systems Units Cubic Yard Lineal Foot +/- Lineal Foot +/- Lineal Foot +/- Lineal Foot +/- Cubic Yard Each +/- N/A Price ($ 0.00) $18.50 $15.50 $18.50 $3 25 $3.75 $125.00 $2,400.00 $300.00 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the City of Fayetteville shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Thirtieth day of a month, the City of Fayetteville shall make payment to the Contractor not later than the Thirtieth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the City of Fayetteville not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent 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. The schedule of values shall 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. § 5.1.5 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. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the City of Fayetteville of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .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 construction (or, if approved in advance by the City of Fayetteville, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); AIA Document A101""-1997. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA°' Document is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:06:21 on 04/70/2007 under Order No.1000294666_1 which expires on 3/29/2008, and is not for resale. User Notes: (662103199) .3 Subtract the aggregate of previous payments made by the City of Fayetteville; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .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 Section 9.10.3 of AIA Document A201-1997.'• § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Any reduction in retainage amount as provided by State Law or otherwise will only be made if the City of Fayetteville is in agreement that the Work has progressed with satisfactory (to the City of Fayetteville) workmanship and proper progress in execution of the work has been attained. Written consent of Surety to reduction in Retainage must be provided by the Contractor. § 5.1.9 Except with the City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the City of Fayetteville to the Contractor when: VI the Contractorhas fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. .3 the Contractor has completed all project "close-out" requirements as stated in the contract documents. § 5.2.2 The City of Fayetteville's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, oras follows: § 5.2.3 No issuance of a Progress Payment, Final Payment Application or payment of such by the City of Fayetteville, nor partial nor entire occupancy of the Work by the City will release the Contractor, Sub -Contractors or others from the requirement to provide the Work in full accordance with the Contract Documents, or shall be construed as acceptance of any Work or materials not in accordance with this Agreement and the Contract Documents. ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the City of Fayetteville or the Contractor as provided in Article 14 of AIA Document A201-1997. AIA Document A101 TM -1997. Copyright ® 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987. 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any porton of It. may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:06:21 on 04/10/2007 under Order No.1000294666_1 which expires on 3129/2008, and is not for resale. User Notes: (662103199) 4 § 6.2 The Work may be suspended by the City of Fayetteville as provided in Article 14 of AIA Document A201- 1997, ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 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. (Insert rate of interest agreed upon, if any.) None: The City of Fayetteville cannot pay interest. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the City of Fayetteville'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 as written disclosures or waivers.) § 7.3 The City of Fayetteville's representative is: (Name, address and other information) Dr. Coy Hurd 113 West Mountain St. Fayetteville, AR 72701 § 7.4 The Contractor's representative is: (Name, address and other information) Don Heckathorn 1880 Birch Avenue Fayetteville, Arkansas 72703 § 7.5 Neither the City of Fayetteville's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: § 7.6.1 Freedom of Information Act: "Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance." § 7.6.2 City of Fayetteville: References to the City of Fayetteville should be "City", "Fayetteville" or "City of Fayetteville". We should NOT be referred to as: "Lessor", "Owner" or any other generic term. § 7.6.3 Contractor: References to those we contract with should be referred to by their name (which can be shortened) rather than a generic term such as: "Consultant", "Engineer", "Contractor", "Lessee", etc. § 7.6.4 Jurisdiction: Legal jurisdiction to resolve any disputes must be Arkansas with Arkansas law applying to the case. AIA Document A101 TM -1997. Copyright Ci 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'r Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA1° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 110621 on 04/10/2007 under Order No.1000294666_1 which expires on 3/29/2008, and is not for resale. User Notes: (662103199) 5 • ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between City of Fayetteville and Contractor, AMA Document A101-1997. • § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. ^ !' § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 02, 2007 , and are as follows Document SUPPLEMENTS AND AMENDMENTS Title Specification SECTION 00811 Pages 1-7 § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications. exhibit: Exhibit "A" Branch #3 Fire Station Specifications (Rows deleted) § 8.1.5 The Drawings are as follows, and are dated March 02, 2007 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached w this Agreement.) Title of Drawings exhibit( Exhibit "B" Fire Station #3 1050 Happy Hollow Road Fayetteville, Arkansas (Rows deleted) § 8.1.6 The Addenda, if any, are as follows: Number Addendum #1 Addendum #2 Date 3/16/2007 3/20/2007 Pages 1-18 1 - 6 + new drawing sheets C3.1, C3.2, C3.3, C3.4 & C4.2 all dated 3/20/2007 Portions of Addenda relating to bidding requirements arc not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 4 § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form pan of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement They should be listed here only if intended to be part of the Contract Documents.) Proposal of Heckathom Construction Company Inc. for Lump Sum Contract Bid 07-30, Fire Station #3 Construction dated Thursday March 22, 2007, 2.00pm local time, pages 1 - 6. AIA Document A101 TM —1997. Copyright Institute of Architects. All rights reserved. reproduction or distribution of this AIAe maximum extent possible under the law. expires on 3/29/2008, and is not for resale. User Notes: 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American WARNING: This AIAe Document Is protected by U.S. Copyright Law end International Treaties. Unauthorized Document, or any portion of 11, may result in severe civil and criminal penal0ce. and will be prosecuted to the This document was produced by AIA software al 1 l:06;21 an 04/10/2007 under Order No.1000294666 1 which (662103199) 6 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 City of Fayetteville. (Printed name and title) 'HECKATHORN CONSTRUCTION COMPANY INC. (Signature) Don Heckathorn, President (Printed name and title) AIA Document A101*M-1997. Copyright ®1915; 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This me Document Is protected by U.S. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this AIA" Document, or any portion of it. may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:06:21 on 04/1W2007 under Order No.1000294666_1 which expires on 3/29/2008, and Is not for resale User Notes: (662103199) Additions and Deletions Report for AIA Document A1014' - 1997 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has -: addedto the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:06:21 on 04/10/2007. PAGE 1 AGREEMENT made as of the Second day of May in the year of Two Thousand Seven BETWEEN the Owner:City of Fayetteville: City of Fayetteville Arkansas, Municipality 113 West Mountain St. Fayetteville, AR.72701 Telephone Number: 479.575.8330 Heckathorn Construction Company. Inc., General Corporation 1880 Birch Avenue Fayetteville, Arkansas 72703 Telephone Number: 479.442.5386 Fax Number: 479.442.7385 Fayetteville Fire Station #3. 1050 South Happy Hollow Road - Fayetteville, Arkansas SPANN. Architecture Inc.., Subchapter S Corporation 1108 West Poplar - Rogers Arkansas 72756 The Owner City of Fayetteville and Contractor agree as follows. PAGE2 § 3.1 The date of commencement of the Work shall be the date of this Agreement 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,City of Fayetteville. The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner City of Fayetteville requires time to file mortgages, . 'mechanic's liens and other security interests, the Owner's City of Fayetteville's time requirement shall be as follows: § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 270 days from the date of commencement, or as follows: Liquidated Damages as stated in clause 1.11 of SECTION 01100 SUMMARY of the specifications. The Contractor and the Contractor's surety shall be liable for and pay the City of Fayetteville the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: Two Hundred Seventy Five dollars ($275.00). Additions end Deletions Report for AIA Document A1O1TM —1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ` Document, or any portion or it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:06:21 on 04/10/2007 under Order No.1000294666_1 which expires on 3/29/2008, and is not for resale. User Notes: (662103199) 1 § 4.1 The Qwner-City of Fayetteville shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Two Hundred Ninety Thousand Five Hundred Twenty Dollars and Zero Cents ($ 1,290,520.00 ), 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 Awner+City of Fayetteville: . (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner Citv of. Fayetteville subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Undercut & Backfill - 24 " Drilled Pier Foundation complete 30 " Drilled Pier Foundation complete 24" Drilled Pier Casing 30" Drilled Pier Casing Rock Excavation (removal & disposal) Geothermal Well 300 feet deep Trenching Safety Systems Cubic Yard $18.50 Lineal Foot +/- $15.50 Lineal Foot +/- $18.50 Lineal Foot +/- $3.25 Lineal Foot +/- $3.75 Cubic Yard $125.00 Each +/- $2,400.00 N/A $300.00 § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner -City of Fayetteville shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Thirtieth day of a month, the Owner City of Fayetteville shall make payment to the Contractor not later than the Thirtieth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner -City of Fayetteville not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. PAGE4 .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the Owner City of Fayetteville of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201- 1997; .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 construction (or, if approved in advance by the Owner City of Fayetteville, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ). .3 Subtract the aggregate of previous payments made by the Owner City of Fayetteville; and Any reduction in retainage amount as provided, by State Law or otherwise will only be made if the City of Fayetteville is in agreement that the Work has progressed with satisfactory (to the City of Fayetteville) workmanship and proper progress in execution of the work has been attained. Written consent of Surety to reduction in Retainage must be provided by the Contractor. § 5.1.9 Except with the Owner' -City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. Additions and Deletions Report for AIA Document A101m —1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It. may result In severe civil and criminal penalties, and will be prosecuted to the maximum eetent possible under the low. This document was produced by AIA software at 11:06:21 on 04/10/2007 under Order No.1000294666_1 which expires on 312912008, and is not for resale. User Notes: (662103199) 2 § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner City of Fayetteville to the Contractor when: .3 the Contractor has completed al] proiect "close-out" requirements as stated in the contract documents. § 5.2.2 The OwnerCity of Fayetteville's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: 6 5.2.3 No issuance of a Progress Payment, Final Payment Application or payment of such by the City of Fayetteville, nor partial nor entire occupancy of the Work by the City will release the Contractor, Sub -Contractors or others from the requirement to provide the Work in full accordance with the Contract Documents or shall be construed as acceptance of any Work or materials not in accordance with this Agreement and the Contract Documents. § 6.1 The Contract may be terminated by the Owner City of Fayetteville or the Contractor as provided in Article 14 of AIA Document A201-1997. PAGE 5 § 6.2 The Work may be suspended by the Owner -City of Fayetteville as provided in Article 14 of AIA Document A201-1997. f)— None: The City of Fayetteville cannot pay interest. (Usurylaws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's City of Fayetteville'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 as written disclosures or waivers.) § 7.3 The Owner's City of Fayetteville's representative is: Dr. Coy Hurd 113 West Mountain St. Fayetteville, AR 72701 Don Heckathom. 1880 Birch Avenue Fayetteville, Arkansas 72703 § 7.5 Neither the OCity of Fayetteville's nor the Contractor's representative shall be changed without ten days written notice to the other party. 47.6.1 Freedom of Information Act: "Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subiect to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-10I et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance." 47.6.2 City ofFayetteville: References to the City of Fayetteville should be "City", "Fayetteville" or "City of Fayetteville". We should NOT be referred to as: "Lessor", "Owner" or any other generic term. 4 7.6.3 Contractor: References to those we contract with should be referred to by their name (which can be shortened) rather than a generic term such as: "Consultant", "Engineer", "Contractor", "Lessee", etc. Additions and Deletions Report for AIA Document A101TM -1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This me - Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:06:21 on 04/10/2007 under Order No.1000294666_1 which expires on 3/29/2008, and is not for resale. User Notes: (662103199) 3 47.6.4 Jurisdiction: Legal iurisdiction to resolve any disputes must be Arkansas with Arkansas law applying to the case. PAGE6 §8.1 The Contract Documents, except for Modifications issued after execution of this Agreement Agreement are enumerated as follows: §8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner—City of Fayetteville and. Contractor, AIA Document A101-1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated -March 02,-2007 and -.areas follows SUPPLEMENTS AND Specification SECTION 1-7 . AMENDMENTS 00811 . Tide of Specifications exhibit:Exhibit "A ".Branch #3 Fire Station Specifications Section Title Pages ..-°-§ 8.1.5 The Drawings are as follows, and are dated March 02, 2007 unless a different date is shown below: Title of Drawings exhibit: Exhibit "B" Fire Station #3 1050 Happy Hollow Road Fayetteville, Arkansas Number Title Date Addendum #1 Addendum #2 3/16/2007 3/20/2007 1-18 1 - 6 + new drawing sheets C3.1 C3.2, C3.3 C3.4 & C4.2 all dated 3/20/2007 Proposal of Heckathorn Construction Company Inc. for Lump Sum Contract Bid 07-30, Fire Station #3 Construction dated Thursday March 22, 2007, 2:OOpm local time, pages 1 - 6. PAGE 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.City of Fayetteville. Y OF FAYETT VILLE (Signature) CONTRACTOR-HECKATHORN CONSTRUCTION COMPANY INC, (Signature) Don a.,.w.ur.rn P Additions end Deletions Report for AIA Document A101T" -1997. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. Ail rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 11:06:21 on 04/10/2007 under Order No.1000294666_1 which expires on 3/29/2008, and is not for resale. User Notes: (662103199) 4 Certification of Document's Authenticity AIA® Document D401114 - 2003 I, Don Spann, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:06:21 on 04/10/2007 under Order No 1000294666_1 from AIA Contract Documents software and that in preparing the attached final document. I made no changes to the original text of AIA® Document A101 TM — 1997 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. Co Oen. — ca164. (Signed) e e'6.o7 cP hiVAJ A/ 774e -C Gate /.26. . (Title) (Dared) *i,i;/O7 AIA Document D401 n" -2003. Copyright ®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIAx Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It. may result In severe civil and criminal penalties. and will be prosecuted to fhe maximum extent possible under the law. This document was produced by AIA software at 11:06:21 on 04/10/2007 under Order No. 1000294666_1 which expires on 3/29/2008, and is not for resale. User Notes: (662103199) Tony Johnson Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts May 1, 2007 City Council Meeting Date Fire Division Action Required: PAS /1/0'7 r7y-b7 V44-0-301 NCcOten w*ucM y J Fire Department A resolution awarding Bid #07-30 and approving a contract with Heckathom Construction Co, Inc. in the amount of $1,290,520 for the construction of fire station #3 and approving a project contingency in the amount of $170,000. 1,460,520.00 Cost of this request 4470-9470-5804.00 Account Number 05006.1 ' Project Number Budgeted Item X 1,611,024.00 Category / Project Budget 41,200.00 Funds Used to Date 1,569,824.00 Remaining Balance Budget Adjustment Attached Fire Station #3 Construction Program Category / Project Name Building Costs Program / Project Category Name Sales Tax Improvement Fund Name p -r 9-7 Department 'rector 41,,st cx. btek, Finance and Internal Service Director Mayor t(•/7.07 Date 41/7/ Date L4 -17—a7 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Date Comments: City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 Project Reauest To: MayorCoody Fayetteville City Council From: Tony Johnson, Fire Chief .1:6 Subject: Awarding of Bid for Fire Station #3 Date: April 16, 2007 Page: 1 of 2 Recommendation I recommend that you accept and approve Heckathorn Construction Company's bid of $1,290,520.00 for the construction of fire station #3 which will be located at 1050 S. Happy Hollow Road. In addition to their bid amount, I am requesting that you also approve $170,000.00 for a project contingency. This will bring the grand total for the cost of the request to $1,460,520.00. Background As a result of the 2003 Fire Station Concept and Deployment P/an, a need was identified and the Council has provided funding for the new fire station which constitutes expanded service. We are in the process of phasing in the 12 new employees needed for this service expansion and have already purchased the new fire apparatus. By adding this station, equipment and personnel, the fire department will be able to provide an enhanced level of service by decreasing our response times. In addition, the existing properties in this immediate response area, as well as the proposed development for this quadrant, will benefit from this added service. Discussion The fire station #3 project is pursuant to our guiding principle of a Financia//y Sustainab/e City Govemment Providing Top -Quality, Responsive Services and it strengthens our Reputation as a Safe Community. Our fractal response goal of responding to 90 percent of our calls for service in six minutes or less is improved upon by this project. Page 2 of 2 Fire Station #3 Project Request April 16, 2007 Budget Impact The budget for this project is provided by a construction bond (Resolution No. 18-06) for this structure and the new fire station #5 (Crossover and Old Wire Roads) project. This is a budgeted item included in the 2007 Capital Improvement Projects. • • • • RESOLUTION NO. A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH HECKATHORN CONSTRUCTION CO., INC. IN THE AMOUNT OF $1,290,520 00 FOR CONSTRUCTION OF FIRE STATION #3; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $170,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CI - OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fay tell Arka i as hereby approves a contract with Heckathorn Construction E Inc. in the .amount of $1,290,520.00 for construction of Fire Station A copy of the coniiract, marled Exhibit A" is attached hereto, and made a part here Section 2. That the Citastery Gnuncil of approves a project con,,j i the amoi etteville, A at s hereby PA SE APPRO PR D.an >i this 15� day of ay, 2Q07: By: 3C0013V, Mayor SONDRA E SMITH, City Clerk/Treasurer Bond No.: 38BCSEA9703 AIA Document A312 Performance Bond Conforms with the American Institute of Architects, AIA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Heckathorn Construction Company, Inc. 1880 Birch Avenue, Fayetteville, AR 72703 SURETY (Name and Principal Place of Business): Hartford Fire Insurance Company Hartford Plaza Hartford, Connecticut 06115 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W Mountain St, Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: 05/02/2007 Amount: ONE MILLION TWO HUNDRED NINETY THOUSAND FIVE HUNDRED TWENTY AND NO/100THS Dollars ($1,290,520.00) Description (Name and Location): Fayetteville Fire Station #3 1050 South Happy Hollow Road; Fayetteville, Arkansas BOND Date (Not earlier than Construction Contract Date): 05/02/2007 Amount: ONE MILLION TWO HUNDRED NINETY THOUSAND FIVE H Dollars ($1,290,520.00) Modifications to this Bond: CONTRACTOR AS P,' N PAL Company: Heck®th. Cons uction Comps y, (C rate Seal) Inc. rte,: "Signature Name and itle: [sow L'Y+ om�veyrfvcrl, Pn.cttoe»st (Any additional signauies,appear on page 2.) (FOR INFORMATION,ONLY - Name, Address and Telephone) AGENT or BROKER The Cashion Company, Inc. P. O. Box 550 Little Rock, AR 72203 501-376-0716 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to None SURETY Company: Si Name and Title: Jud 'chogge — Attorney -In ��ct OWNER'S REPRESENTATIVE (Architect, Engineer or other party): SPANN Architecture, Inc. Subchapter S Corporation 1108 West Poplar, • Rovers, AR 72756 perform the Construction Contract, but such an agreement shall not _waive the Owners right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractors right to complete the contract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surcty have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, he Surety shall promptly and a the Surety's expense ake one of the following actions: ym1, j,.,,i 14744 . UNDRED TWENTY AND NO/100THS A. F a See Page":2 Hartford Fire Insurance Co pany,levoFporaateSeal) SURETY 5026 (&92) S•1852/GEEF10/99 Pagel of2 (1D11011111131111111111!11114!!!!11111111111111)11111: 27 Re orded 04/19/2007 at 09 29 16 A Fe Amt: $8 00 Pao 1 of 6 Ma hinot n County. AR Bette Stamps Cirou t Clerk FI eB028700000375 4.1.Arrange_for the Contractor, with consent of the Owner, to perform "`and complete the Construction Contract: or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to thc Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness undcr the circumstances: . 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or . 2 Dcny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractors right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under thc Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract. the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4, and 6.3 Liquidated damages, or if no liquidated damages am specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 7 The Surety shall not be liable to the Owner or others for obligations or thc Contractor that arc unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any peiSon or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase otdcrs and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after thc Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed ncorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: Signature: (Corporate Seal) Name and Title: Address: S-1852/GEEF 10/99 Page 2 of 2 POWER OF ATTORNEY KNOW ALL. PERSONS BY THESE PRESENTS THAT: X x X Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax. 860-757-5835 Agency Code: 38-691481 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Benson A Cashion, Matthew K. Cashion, Jr., Judy Schoggen, William H. Griffin, Cynthia L. Trickey, Pamela K. Hays, Nick W. Peters of • Little Rock, AR their true and lawful Attomey(s)-in-Fad, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ® and to execute, seal and acknowledge any and all bonds undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. Paul A. Bergenhottz, Assistant Secretary STATE OF CONNECTICUT } COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally carne David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ss. Hartford David T. Akers, Assistant Vice President CERTFICATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that copy of the Power of Attomey executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. POA 2005 A Scott E. Paseka Notary Public My Commission Expires October 31, 2007 the above and foregoing is a true and correct May 2, 2007 ....• rn \\\i\ tt lam'"~ f1`41. ii A.CS, ✓I tt /1_ .,. Y� CO7 Wale* 4111..tdeCer4? ":54 Gary W. Stumper, Assistant Vice President' - • AIA Document A312 Bond No.: 38BCSEA9703 Payment Bond Conforms with the American Institute of Architects, AIA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Heckathorn Construction Company, Inc. 1880 Birch Avenue, Fayetteville, AR 72703 OWNER (Name and Address)• City of Fayetteville, Arkansas 113 W Mountain St, Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: 05/02/2007 SURETY (Name and Principal Place of Business): Hartford Fire Insurance Company Hartford Plaza Hartford, Connecticut 06115 Amount: ONE MILLION TWO HUNDRED NINETY THOUSAND FIVE HUNDRED TWENTY AND NO/100THS Dollars (51,290,520.00) Description (Name and Location): Fayetteville Fire Station #3 1050 South Happy Hollow Road; Fayetteville, Arkansas BOND Date( Not earlier than Construction Contract Date): 05/02/2007 Amount: ONE MILLION TWO HUNDRED NINETY THOUSAND FIVE HUNDRED TWENTY Dollars ($1,290,520.00) Modifications to this Bond: r �L rites. -"^j CONTRACTOR AS PR Company. Heckathor� onsttuct C9tjpany, ,rporate Seal) Inc_- >-S. gnatusre: " Name and-, "Le 5a.1 Lt�c, sg7bnw+ kakcltatf r (Any additional sigt?aruures appear on page 2.) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: The Cashion Company, Inc. P. 0. Box 550 • Little Rock, AR 72203 501-376-0716 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surcty, and provided thcrc is no Owner Default. SURETY 5026 (6-92) S-1653/GEEF 3/00 Page 1 of 2 None SURETY Company: Hartford Fire Insuran Company S i+\P ff) 'se �yrrrr t .N0/100THS .. f , -A 72- • • +•. See Page,27: is n ce.r�rrr K rr Corporate;Seal) Name and Title: Judy S ggen Attorney -In OWNER'S REPRESENTATIVE (Architect, Engineer or other party): SPANN Architecture, Inc. Subchapter S Corporation 1108 West Poplar, Rogers, AR 72756 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last fumished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fumishcd or supplied or for whom the labor was done or performed; and .2....Havc`cither received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Suretys expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of thc Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 .. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in thc location in which MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: the work or pan of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4. I or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to thc address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of thc date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hercfrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 . Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in terns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default Failure of the Owner, which has neither been remedied nor waived,' to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Narne and Title: Address: Address: S-1853/GEEF No0 Page 2 of 2 (Corporate Seal) , , POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: x X X • Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-2664488 or fax: 860-757-5835 Agency Code: 38-591481 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies') do hereby make, constitute and appoint, up to the amount of unlimited: Benson A. Cashion, Matthew K. Cashion, Jr., Judy Schoggen, William H. Griffin, Cynthia L. Trickey, Pamela K. Hays, Nick W. Peters of Little Rock, AR their true and lawful Attomey(s)-in-Fact each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ® and to execute, seal and acknowledge any and all bonds, undertakings contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. G.,) a . ni t Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT l COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ss. Hartford David T. Akers, Assistant Vice President Scott E. Paseka Notary Public CH1TWICATE My Commission Expires October 31, 2007 • I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 2, 2007 Signed and sealed at the City of Hartford. POA 2005 is a true and correct `ti� ai+`f'tlrrr s aleOr r i H 7 `- y` r w f • rim .....-.-.+iii Gary W. Stomper, Assistant Vice President ` - ' "' • CONTRACTOR'S AND RESIDENT LOCAL AGENTS AFFIDAVIT OF QUALIFICATIONS Comes now HECKAT1ioRN coNSTRucTioN c0N ANY. TNTC hereinafter called "CONTRACTOR" and THE CASHION COMPANY hereinafter called "RESIDENT LOCAL AGENT, and after being duly sworn states under. • . oath and under penalty of perjury that they have independently examined the status of the bonding company providing the performance bond for the contract entered into between CONTRACTOR and The City of Fayetteville, A Political Subdivision of the State of Arkansas on the 2nd day of MAY 20 07 and state that each has independently • examined the status of the proposed bondingcompany and states that the proposed bonding company is qualified and authorized to do business in the State of Arkansas. The RESIDENT LOCAL AGENT further affirms that he is licensed by the Arkansas .:Insurance Commissioner to represent the surety company executing the bond and files herewith.the agent's power of attorney as his authority. • FURTHER AFFIANTS SAITH NOT. d a 1 n 1 CONTRACTOR DON-L.'°RECRATHORN, PRESIDENT RECKÞ CONSTRUCTION„ COMPANY, INC 1880 BIRCH AVE_ FAYETTEVILLE, AR 72703 Hart . d Fire c\14 trie 1. i w � � Insurance_Gompany �le�ise 'I RESIDE OCA AGENT Judy Sc oggen, Attorney -in -Fact: Fayetteville Fire Station #3 • 0814 03/02/2007 Contractors Affidavit • 00202-1 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: X X X Direct Inquiries/Claimsto?• THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 calf 888-266-3488 or fax: 860-757-5835 Agency Code: 38-591481 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make constitute and appoint, up to the amount of unlimited: Benson A. Cashion, Matthew K. Cashion, Jr., Judy Schoggen, William H. Griffin, Cynthia L. Tuckey, Pamela K. Hays, Nick W. Peters of Little Rock, AR their true and lawful Attomey(s)-in-Fad, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ® and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. leafi 0( Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT } COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ss. Hartford 6 „Arctic. 7 14 David T. Akers, Assistant Vice President CERTIFICATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. POA 2005 Scott E. Paseka Notary Public My Commission Expires October 31, 2007 the above and foregoing is a true and correct May 2, 2007 Os,Ss r i . e'^v J.-Ilj,L'i� � � • i ,'�fel+.-.**•t'r•4 1i Gary W. Stomper, Assistant Viceciresident�..--7A'' LETTER OF TRANSMITTAL Date: April 19, 2007 To: Spann Architecture, Inc. 1108 West Poplar Street Rogers, Arkansas 72756 Attn: Don Spann From: Heckathorn Construction Co., Inc. 1880 Birch Avenue Fayetteville, Arkansas 72703 RE: Fayetteville Fire Station No. 3 1050 South Happy Hollow Road Fayetteville, Arkansas Heckathorn Project No.: 07321 We are sending you: Attached _X_; Shop Drawings Copy of Letter _X_; Other -See Below _X_ 3 copies dated 050207- Executed Contractor's and Resident Agents Affidavit of Qualifications 3 copies dated 050207- File -Marked Copy of Performance and Payment Bonds No. 38BCSEA9703 with Power of Attorney 3 copies dated 041607- Heckathorn Certificate of Insurance 3 copies dated 041607- Acord Insurance Binder for Owner's and Contractor's Protective Liability Coverage Transmitted For: Approval _X_; Your Use _X_; As Requested _Xs Record and File _X_; Remarks: Don - Hopefully, the attached documents are executed and in order for your review and further distribution. We have provided one (1) additional copy than requested in the event another need might arise. As you will note, the OCP coverage is provided via a binder until the actual policies can be forwarded. This generally takes 3-4 weeks and they will be forwarded to you on receipt for review and distribution. If you find anything out of order, please contact Heckathorn Construction and it will be promptly corrected. Signed: Davicilycnsen Copy To: Spann Architecture; P. Mgr File; Ed Bohannon, Supt.; Transmittal Only: Don Heckathorn DcH File; TF 050707 Check on receipt of OCP Policy & follow-up if needed ACORD CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EXPIRATION DATE THEREOF, THE ISSUING INSURER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER BE CANCELLED BEFORE THE WILL ENDEAVOR TO MAIL NAMED TO THE LEFT, BUT OF ANY KIND UPON THE OF AUTHORIZED REPRESENTATIVE LIABILITY INSURANCE DAl6izoo PRODUCER (501)376-0716 FAX: (501)376-2118 The Cashion Company,NLY Inc.. P O Box 550 Little Rock AR 72203 THIS HOLDER. ALTER CERTIFICATE AND THIS THIS THE COVERAGE CERTIFICATE IS ISSUED NO AFFORDED AS A RIGHTS DOES BY MATTER NOT UPON THE OF THE AMEND, POLICIES INFORMATION CERTIFICATE EXTEND BELOW. OR INSURERS AFFORDING COVERAGE NAIC # INSURED Heckathorn Construction Company, Inc. 1880 Birch Avenue Fayetteville AR 72703 INSURER AAmerlsure Ins. Co. 19485 INSURER B.Amerlsure Mutual 23396 INSURER C: Travelers Property 36161 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTMTHSTANDING ANY REQUIREMENT, THE AGGREGATE TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, INSURANCE AFFORDED BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR ADD'L INSRQ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMJDD/YY) POLICY EXPIRATION DATE (MM/DD/YY) ' LIMITS A GENERAL LIABILITY CPP2035 B06 3/19/2007 3/19/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIALGENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence] $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one (Jerson) 5 5,000 PERSONAL &ADV INJURY 5 1,000,000 GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATELIMIT APPLIES PER: PRODUCTS-COMP/OPAGG 6 2,000,000 POLICY I X I El' 1 I LOC B AUTOMOBILE LIABILITY CA2035807 3/19/2007 3/19/2008 COMBINED SINGLE LIMB (Ea accident) 5 1,000,000 X ANY AUTO ALLOVWNED AUTOS BODILY INJURY (Per person) 5 SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Par accident) NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) 6 GARAGE LIABILITY AUTO ONLY -EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY CU2035808 3/19/2007 3/19/2008 EACH OCCURRENCE s 5,000,000 AGGREGATE 5 5,000,000 X i OCCUR CLAIMS MADE $ DEDUCTIBLE $ $ X RETENTION ; 0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOFUPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? S PEPS Or SPECIAL IALAL PROVISIONS below WC2035809 3/19/2007 3/19/2008 TORY LIMBS TH- OFR E.L. EACH ACCIDENT 6 500,000 E.L. DISEASE-EA EMPLOYEE 6 500,000 E L DISEASE-POLICY LIMIT 6 500,000 c OTHER Blkt Builders Risk Deductible: $2,500 66043438513 3/19/2007 3/19/2008 special1=i. Theft Any One Job Limit: $5,000,000 Frame Constr. Limit: $1,290,520 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Job: Fayetteville Fire Station 4i3, 1050 S. Happy Hollow Road, Fayetteville, AR CERTIFICATE HOLDER CANCELLATION City of Fayetteville Arkansas, Municipali Dr. Coy Hurd 113 West Mountain Street Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EXPIRATION DATE THEREOF, THE ISSUING INSURER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER BE CANCELLED BEFORE THE WILL ENDEAVOR TO MAIL NAMED TO THE LEFT, BUT OF ANY KIND UPON THE FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Benson Cashion/SDW001�— ACORD 25 (2001108) INS025 (0foe).osa ®ACORD CORPORATION 1988 Page 1 of 2 ACORO® INSURANCE BINDER L../ DATE(MMIDDNYYY) 4/16/2007 THIS BINDER ISA TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON PAGE 2 SIDE OF THIS FORM. AGENCY The Cashion Company, Inc. P 0 Box 550 Little Rock AR 72203 COMPANY Amerisure Companies BINDER # B0741600285 EFFECTIVE DATE TIME EXPIRATION DATE TIME LOM # X AM BASIC X 12:01 AM 4/16/2007 12:01 GENERAL PM 5/16/2007 OCCUR NOON INC.NE No. Ext): (501) 376-0716 FAX No): (501) 376-2119 THIS BINDER IS SSUED TO EXTEND PER EXPIRING POLICY#: BINDER REN RENTTED ED PREMISES COVERAGE IN THE ABOVE NAMED COMPANY CODE: SUB CODE: CUSTOMER ID: 00000714 MED EXP (My one person) $ DESCRIPTION OF OPERATIONSNEHICLESIPROPERTY (Including Location) Sob: Fayetteville Fire Station #3, 1050 S. Happy Hollow Road, Fayetteville, AR Contract Amount: $1,290,520 Contractor: Heckathorn Construction Co., Inc. INSURED City of Fayettevile Arkansas, Municipality 113 West Mountain Street Fayetteville AR 72701 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSES OF LOSS 11 BROAD 1 SPEC LOM # AUTHORIZED REPRESENTATIVE Benson Cashion/SES001�— BASIC GENERAL LIABILITY GENERAL CLAIMS MADE & Contractors Liab LIABILITY OCCUR RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ 1, 000, 000 COMMERCIAL REN RENTTED ED PREMISES $ MED EXP (My one person) $ X Owners Protective PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ _ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ AUTO PHYSICAL DAMAGE DEDUCTIBLE 1 ALL VEHICLES u SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: OTHER STATED AMOUNT $ THAN COL: OTHER GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ AGGREGATE $ SELF-INSURED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC STATUTORY LIMITS E.L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE$ E L DISEASE - POLICY LIMIT $ SPECIAL Additional Insured: SPANN Architecture, Inc. CONDITIONS/ OTHER COVERAGES FEES S AXES T $ ESTtlNATED TOTAL PREMIUM $ NAME & ADDRESS ACORD 75 (2004/09) INS075 (2004101.04a NOTE: IMPORTANT STATE INFORMATION ON PAGE 2 C ACORD CORPORATION 1993-2004 Paget ol2 MORTGAGEE LOSS PAYEE ADDITIONAL INSURED LOM # AUTHORIZED REPRESENTATIVE Benson Cashion/SES001�— ACORD 75 (2004/09) INS075 (2004101.04a NOTE: IMPORTANT STATE INFORMATION ON PAGE 2 C ACORD CORPORATION 1993-2004 Paget ol2 1(5/7/2007) Lisa Branson - Res. 74-07 Page 1 From: Lisa Branson To: Johnson, Tony Date: 5/7/2007 10:39 AM Subject: Res. 74-07 Attachments: 74-07 Heckathorn Construction.pdf CC: Tony, Audit Attached is a copy of the above resolution passed by City Council, May 1, 2007. I will forward to you via interoffice mail two of the three original agreements with Heckathom Construction. If anything else is needed please let me know. Lisa Lisa Branson City of Fayetteville City Clerk's Division 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 Ibranson@ci.fayetteville.ar.us r �,njttJ rf 17C6 _ e IA Document G701'f �i_,�b Change Order 2001 PROJECT (Name and address): CHANGE ORDER NUMBER: 004 Fayetteville Fire Station #3 1050 South Happy Hollow Road - Fayetteville. Arkansas TO CONTRACTOR (Neale and address): Heckathorn Construction Company. Inc. 1880 Birch Avenue Fayetteville. Arkansas 72703 DATE: January 21. 2008 ARCHITECTS PROJECT NUMBER: 0614 CONTRACT DATE: May 01, 2007 CONTRACT FOR: Gene -MI -Construction OWNER: 0 ARCHITECT: CONTRACTOR: FIELD: CITY OF FAYETTEVILLE, ARKANSAS - COY HURD: • THE CONTRACT IS CHANGED AS FOLLOWS: (Include. where applicable. any undisputed amount attributable to previously executed Construction Change Directives) Change Order Requests #9 through #12, a tabulation of which is attached with copies of the Requests with back up documentation The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order w -is The Contract Sunt will he decreased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged by Zero ( 01 days. The date of Substantial Completion as of the date of this Change Order therefore is S 8 8 8 $ 1.290.520.00 58.275.91 1.348.795.91 6.110.62 1.342.685.29 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor. in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Don Spann AIA. Architect ARCHITECT (Finn name) 1108 West Poplar ADDRESS BY (Signature) Don Spann (Typed name) DATE Heckathom Construction Company. Inc. CONTRACTOR (Finn name) 1880 Birch Avenue, Fayetteville. Arkansas 72703 AD BY (Signature) Don Heckathom (Tlped name) /26J' DATE // City of Fayetteville Arkansas OWNER (Firm name) 113 Wes, ountain St.. Fayetteville. AR 72701 ADD BY r ignnture) Dan Coed (Tree name DA AIA Document G701'r' — 2001. Copyright O 1979. 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This are Document is protected by U.S. Copyr:ght Law and international Treaties. Unauthorized reproduction or distribution of this Able Document, or any 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al 17:30:12 on 01/21/2008 under Order No.1000294666 1 which expires on 3/29/2008. and is not for resale.