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HomeMy WebLinkAbout33-88 RESOLUTION • RESOLUTION NO. 33-88 O LI i 1 tl 6N E. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING CONTRACT WITH MILHOLLAND COMPANY FOR CONSTRUCTION OF IMPROVEMENTS TO APPLEBY ROAD. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute an engineering contract with Milholland Company for construction of improvements to Appleby Road. A copy of the contract authorized for execution hereby is attached nereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED 29th day of April , 1988 . APPROVED By: (/ Mayor'A -1-i& 941144(4146 c c.YE r/ O, ._�` t. P,TTEST i` ' . '. `(� [ IR .,, 0a te ` % C /, AGREEMENT FOR ENGINEERING SERVICES 1V'AICROFWLMED FOR APPLEBY ROAD IMPROVEMENTS THIS AGREEMENT, made and entered into this day of 1988, by and between the City of Fayetteville, Arkansas, hereina er referred to as the "Owner", and Milholland Company, Engineering and Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer", WITNESSETH THAT: WHEREAS, the Owner desires to Construct Appleby Road from East Boundary of Quail Creek Addition East and South to Bishop Drive, within the City of Fayetteville; and WHEREAS, the Engineer has sufficient experienced personnel and equipment to perform the work described in this Agreement, NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Owner and the Engineer, the parties hereto, stipulate and agree that the Owner does hereby employ the Engineer to perform the required engineering services as hereinafter set out; and the Engineer agrees to provide said services. SECTION 1 DESCRIPTION OF PROJECT The Project for which engineering services are to be provided is generally described as follows: Appleby Road: Design, Acquistion, Bids and Construction Management of a 31 foot Back:-t'_-Back: street in a SO foot roadway, grading, base and hard surface pavement per City of Fayetteville, street specifications; provide City Street Department with Right-of-Way maps and necessary Right-of-Way Descriptions to acquire a 50 foot street easement from the East Boundary of Quail Creek Addition, East and South to Bishop Drive. Engineering Services for said project shall be separated into three (3) parts as follows: PART I: "Engineering Design and Acquistion" PART II: "Taking Bids through Award of Contract" PART III: "Construction Management" SECTION 2 SCOPE OF ENGINEERING SERVICES The Engineer shall provide a suitable staff to perform Basic Engineering Services, Bid Documentation and Construction Management, including necessary resident inspection, and as an extra item, Right-of-Way Plats and Descriptions. These various types of work are more specifically defined as follows: PART I: A. BASIC ENGINEERING SERVICES: Work to be done under this item shall consist of the following: C1] Make field engineering surveys of the various sites to establish the data necessary for the preparation of plans and specifications in order to build the contemplated improvements. The field engineering surveys shall include the location of all existing utilities within street right-of-ways as best can be located without excavation. [2] Prepare a preliminary overall design and cost estimate and review same with the Owner prior to final design. EXHIBIT A [3] Prepare plans and specifications for the proposed improvements. The plans shall show the location of the street centerlines. Engineer shall provide Owner with two (2) complete sets of the plans and specifications. [4] Meet with representatives of all involved utility companies and governmental agencies to coordinate the overall project. [5] Advise the Owner as to soils investigations that might be required and assist in the coordinating of the same. The cost of the soils investigations shall be borne by the Owner. [6] Prepare construction cost estimates. PART I-A: RIGHT-OF-WAY ACQUISTION: Only work as directed by the Owner shall be done under this section of the contract. The total fee shall not exceed $200.00 per Right-of-Way Plat and Description. All of the above described work shall be completed in such time that the Owner may receive construction bids within 60 days after the Engineer receives a Notice-to-Proceed on the project. Time is expressly made of the essence of this Agreement. FART II: Work to be performed under this item shall consist of the following. [1 ] Assist the Owner in the advertising for and receiving of construction bids, including recommendation of construction n contract award. PART III: i=:ONSTRUCTION MANAGEMENT: Under this Phase the Engineer will perform the following items of work: [1] Prcsvide for periodic visits to the job sites by a professional engineer to observe the overall progress and quality of executed work. [2] Provide for necessary resident inspection of the project construction. [3] Provide a survey crew to lay out the project for construction, excluding any necessary land and right-of-way surveys. [4] Provide a project engineer to manage and coordinate the construction activities. [5] Provide other personnel such as secretaries, draftsmen, engineering technicians, etc. , as may be needed to assist the project engineer in the various activities that may be required. [6] Prepare monthly partial payment estimates and a final payment estimate to the contractor, including the assembly of written guarantees which are required by the contract documents. [7] Provide for final inspection of the project in the company of representatives cif the Owner, the project engineer, a representative of the contractor and any other party designated by the Owner. Payment for the above described work shall be made on an hourly basis as further defined in Section 3 of this contract. SECTION 3. COMPENSATION: Compensation for the various type of services to be provided under this contract shall be made as follows: A. PART I: BASIC ENGINEERING SERVICES: Compensation for basic engineering services shall be a lump sum fee amount of $8,400.00. This fee includes full compensation for every item of work as described in SECTION 2-PART I. The fee is based on an estimate of the various classifications of work at an hourly rate. The hourly rates include direct labor costs plus allowances for indirect labor costs, overhead and profit. B. PART I-A: RIGHT-OF-WAY ACOUISTION: Compensation for PLATS AND DESCRIPTIONS for Additional street Right-of-Ways shall be based on the hours of work actually required. The rates to be based charged for the various classifications of personnel shall be identical to those set out under Section -D below with a MAXIMUM-NOT-TO-EXCEED $1,000.00 for an estimated five (5) Ownerships. Only work as directed by the Owner shall be done under this section of the contract. The total fee shall not exceed $200.00 per each Right-of-Way Plat and Description. C. PART II: BIDS THROUGH AWARD OF CONTRACT: Compensation for "Advertisement for Bids" through "Award of Contract" shall b be a Fixed Fee of $1,000.00. D. PART III: CONSTRUCTION MANAGEMENT: Compensation for Construction Management Services described in SECTION 2-PART III, shall be based on the actual hours of the various classifications of employees that may be necessary to perform the work. The total fee shall not exceed $10,500.00 so long as the total construction time is 90 calendar days or less from the date of the Notice-to-Proceed to the construction contractor. If the total construction time exceeds 90 calendar days, then the Engineer shall be compensated for the additional time the various classifications of employees are required to work on the project or the Owner may terminate this agreement by giving the Engineer written Notice of Termination. The hourly rates to be charged for the various classifications of personnel are set out below: HOURLY RATE PER C:LASSIFICATION: Professional Engineer $49.00 per hour Registered Land Surveyor $35.00 per hour Engineering Aide $2.=.00 per hour Secretary $11.40 per hour Survey Crew $46.65 per hour Resident Inspector $20.00 per hour Draftsmen $15.00 per hour Travel $00.25 per mile The hourly rates shown above include total compensation to the Engineer for all expenses for said services described in SECTION 2-PART III above. ' ',,""i,".". SECTION 3: COMPENSATION: D. PART III - CONSTRUCTION MANAGEMENT (Continued) The Level-of-Effort for the Construction Management Services shall be based on the hours of the various classifications of the employees necessary to perform the work. The estimated Level-of-Effort for the various classifications of personnel are set out below: LEVEL OF EFFORT PER CLASSIFICATION: Professional Engineer 30 hours Registered Land Surveyor 15 hours Engineering Aide 45 hours Secretary 30 hours Survey Crew 60 hours Resident Inspector 200 hours Draftsmen 18 hours E. METHOD OF PAYMENT: Partial payments to the Engineer shall be made monthly as long as the accumulative of payments do not exceed the following: [1] PART I: Basic Engineering Services: Sixty five percent (65%) upon completion of field engineering surveys and preliminary design. Thirty five percent (35%) upon completion of final plans and specifications and submittal to the Owner. [2] PART I-A: RIGHT-OF-WAY PLATS AND DESCRIPTIONS: Payment to be made upon completion of the various items of work as directed by the Owner. [3] PART II: BIDS THROUGH AWARD OF CONTRACT: 90% after opening BIDS, and 107.. after Award of Construction Contract. [4] PART III: CONSTRUCTION MANAGEMENT: Payment to be made on a monthly basis during the construction phase. SECTION 4. GENERAL CONSIDERATIONS A. Termination of Contract for Cause If, through any cause, the Engineer shall fail to fulfill in timely and proper manner his obligations under this contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of the contract, the Owner shall thereupon have the right to terminate this contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Engineer under this contract shall , at the option of the Owner, become its property, and the Engineer shall be entitled to receive just and equitable compensation under this contract for any satisfactory work completed on such documents. Notwithstanding the above. the Engineer shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue cif any breach of the contract by the Engineer, and the Owner may withheld any payments to the Engineer for the purpose of setoff until such time as the exact amount of damages due the Owner from the Engineer is determined. Fi. Termination for i_onvenience of Owner The Owner may terminate this contract any time by a notice in writing from the Owner to the Engineer. If the contract is terminated by the Owner as provided herein, the Engineer will receive just and equitable compensation under this contract. C. Changes The Owner, may from time to time, request changes in the scope of the services of the Engineer to be performed hereunder. Such changes, including any increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in further written amendments to this contract. D. Personnel El ] The Engineer represents that he has, or will secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the Owner. [27 All the services required hereunder will be performed by the Engineer or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. [3] No person who is serving sentence in a penal or correctional institution shall be employed on work under this contract. E. Compliance with Local Laws The Engineer shall comply with all applicable laws, ordinances, and cedes of the state and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. F. Assignability The Engineer shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or noviation) without the prior written approval of the Owner; provided, however, that claims for money due or to become due the Engineer from the Owner under this contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval . Notice cif any such assignment or transfer shall be furnished promptly to the Owner. G. Access to Records The Owner, the U. S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer doing work under this contract which are directly pertinent to a specific grant program for the purpose of making audits, examinations, excerpts, and transcriptions. H. Estimates Since the Engineer has no control over the cost of labor, materials or equipment, car over the methods of determining prices, or over competitive bidding or market conditions, the estimates of costs provided are to be made on the basis of the Engineer's experience and qualifications and represent his best .judgement, being familiar with the industry, but the Engineer cannot and does not guarantee that established costs will not vary from estimates prepared. I. Insurance The Engineer shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this contract. J. Successors and Assigns Each party of this contract binds himself and his partners, '=uccessors, executors, administrators and assigns to the other party of this contract in respect to all covenants of this contract. Neither party shall assign, sublet or transfer his interest in this contract without the written consent of the other. SECTION 5. EQUAL OPPORTUNITY PROVISIONS During the performance of this contract, the Engineer agrees as follows: CA] The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or training, including apprenticeship. The Engineer agrees to post in conspicuous place, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the previsions of this non-discrimination clause. CB] The Engineer will , in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. SECTION E. CONFLICT OF INTEREST CA] Interest of Owner No officer, employee, or agent of the Owner who exercises any functions or responsibilities in the review or approval or in connection with the carrying out of the project to which this contract pertains shall have any personal interest, direct or indirect, in this contract. CB] Interest of Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise herefrom. [C] Interest of Engineer The Engineer covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Engineer further covenants that in the performance of this contract, no person having any such interest shall be employed. SECTION 7. OTHER PROVISIONS In connection with the project, the Owner shall : [A] Give through consideration to all documents presented by the Engineer and inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. [B] Make provision for the employees of the Engineer to enter public and private lands as required for the Engineer to perform necessary preliminary surveys and investigations. [C] Obtain the necessary lands, easements and rights-of-way for the construction of the work. ED] Furnish the Engineer such plans and records of construction and operation of existing facilities, or copies cif same, bearing on the proposed used work as may be in the possession of the Owner. Such documents or data will be returned to the Owner upon completion of the work or upon the request of the Owner. [E] Pay the cost of making necessary soundings, borings, analyses of materials and laboratory work performed by an Independent Certified Materials Lab exclusive of the Engineer's supervision thereof. [F] Pay all plan review costs and all cost of advertising in connection with the project. Original documents, plans, design and survey notes represent the product and training, experience, and professional skill , and accordingly belong to and remain the property of, the Engineer who produced them regardless of whether the instruments were copyrighted or whether the project for which they were prepared is executed. The Engineer shall furnish the Owner two copies of "as-built" drawings of each phase of the project at his expense; and the Owner may, at his expense, retain reproducible copies of drawings and copies of ether documents. This agreement shall be binding upon the parties hereto, their partners, heirs, successors, administrators and assigns; and neither party shall assign, sublet or transfer his interest in this agreement without the prior written consent of the other party hereto. IN WITNESS WHEREOF, the Owner has caused these presents to be executed in its behalf by its duly authorized representatives, and the said Engineer by its duly authorized representatives, and the parties hereto have set their hands and seals on the date heretofore set out. CITY OF FAYETTEVILLE, ARKANSAS Attest: - —aril 1 Johr on, Mayor City' Clerk ___.__—__ MILHOLLAND COMPANY Attest: • , 71,2 c.-,e2.72,///6 4_,..,/ -' Melvin L. Milholland, Owner il _ _____ Secretary r , 1151111. ' Pipeline Reconstruction TEXARK, INC. May 20, 1988 City of Fayetteville 113 West Mountain Fayetteville, AR 72701 ATTN: James L. Pennington City Manager RE: City of Fayetteville Sewerline TV Inspection Bid No. 830 Dear Mr. Pennington: Enclosed please find three signed copies of the Contract, Performance and Payment Bonds and Certificates of Insurance for the above referenced work. Thank you for awarding this contract to our company. We look forward to the opportunity to work with you on this project. Respectfully, INSITUFORM TEXARK, INC. MAY ROBERT W. AFFHOLDER PRESIDENT RWA/js Enclosure Co FEDERAL EXPRESS i5 ag4A. 18022 Edison Ave. • P. O. Box 1026 • Chesterfield, MO 63006-1026 (314) 532-6137 • CONTRACTq, Sfo �. 1. THIS CONTRACT executed this / day of , 19 g, by and between The City of Fayetteville and Insituform xark, Inc. the Contractor: WITNESSETH: For and in consideration of the payments to be made as hereinafter set forth, the Contractor agrees to furnish all tools, labor, equipment, materials, and supplies required to construct the improvements described as SEWER PIPELINE TELEVISION INSPECTION for the City of Fayetteville, Arkansas, in exact accordance with the City's Plans and Specifications for said improvements and the Contractor's Proposal on file at the Office of the City Engineer, which Documents are incorporated by reference thereto, subject to the inspection of and to the complete satisfaction of the City. 2. The City agrees to pay and the Contractor agrees to acx-ept as full and final compensation for all work done under this agreement, the Unit Prices and/or Lump Sum Price named in the Contractor's Proposal, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 3. The Contractor agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposal. Time is expressly made of the essence of this Contract. If the Contractor shall fail to complete the work in the time specified he shall pay to the City, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the domAges specified in the Proposal for each day delayed, which shall be deducted from the final amount to be paid under the Contract. Extensions of time may be granted with waiver of liquidated damages as provided for in the Specifications. 4. The Contractor agrees to furnish a Bond, with Surety approved by the City and authorized to do business in the State of Arkansas, guaranteeing the performance of this Contract,for not less than one hundred (100) percent - of the amount of this Contract. Said Bond qhA11 be conditioned on full and complete performance of this Contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials for a period of one (1) year after completion. • 5. The Contractor agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workman's Compensation Insurance in amounts as required by these Specifications. WITNESS OUR HANDS THIS DAY OF , 1987 • CITY OF FAYEITEVILLE FAYE I'EVILLE, ARKANSAS • Attest: City Clerk By a I Mayo INSITU TEXARK, INC. Cont for By Name Title WI R bert W. Affhol,d , President J ann Smith 1 988 Edison Ave. , hesterfield,MO 63017 ssistant Secretary Business Address Corporate Seal (if any) / , /r ���,,!ctFAYETTEVILLE, ARKANSAS Y� I'I�'/ P.O. DRAWER F 72701 (501(521-7700 '',,,,;'C7ON CV'- M ^ ""4 CITY OF FAYETTEVILLE PROPOSAL FORM FOR SEWER PIPELINE TELEVISION INSPECTION BID NO, 8:.0 MARCH 3, 1988 A. BIDDER 'S DECLARATION AND UNDERSTANDING The undersigned , hereinafter called the Bidder , declares that the only persons or parties interested in this Proposal are those named herein, that this Proposal is, in all respects , fair and without fraud, that it is made without collusion with any official pi the Owner , and that the Proposal is made without any connection or collusion with any person submitting another Proposal an this Contract. The Bidder further declares that he has inspected the job site and has carefully examined the Contract Documents as to the scope of work involved and has satisfied himself as to the quantities involved , including materials and equipment , and conditions of work involved , including the fact that the description of the quantities of work and materials included herein is brief and is intended only to indicate the general nature of the work and to indentify the said quantities with the detailed requirements of the Contract Documents. The Bidder further declares that this proposal is made according to the provisions listed herein, including those in "General Terms and Conditions of Bidding — Bid No. 830, 3/3/88" and "Specifications for Sewer Pipeline Television Inspection — 3/3/88" , which documents are hereby made a part of this Proposal. B. CONTRACT EXECUTION, INSURANCE, AND BONDS The Bidder agrees that if this Proposal is accepted , he will , within 15 days, not including Sundays and legal holidays, after Notice of Award, sign the Contract in the form annexed hereto, and will at that time, deliver to the Owner the Bands and Insurance required herein, and will , to the extent of his Proposal , furnish all machinery, tools, apparatus, and other means of construction and perform the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents. C. START OF CONSTRUCTION AND CONTRACT COMPLETION TIME The Bidder further agrees to begin work within 10 calendar days after the time stated in Notice to Proceed issued by the Owner to the Contractor and shall complete all work by July 15, 1988. City of Fayetteville PROPOSAL FORM Paue 2 • March 3, 1988 BID NO. 830 D. BID COST INFORMATION A completed copy of the Proposal Form must be returned with bidder ' s proposal . Bidder is to provide the following cost information in his proposal : 1 ) Sewer Pipeline Cleaning a) Unit Prices: 1 ) 14" pipe (223 ft)* Unit Price $ t . Od /ft 2) 18" pipe (223 ft)* Unit Price $ ► . Z 5 /ft 3) 24" pipe (4596 ft)* Unit Price $ 1. 50 /ft * - estimated quantities from drawings 2) Flow Control - Pumping and Bypassing: 1 ) Equipment Setup Unit Price $ 7 SO, 00 /occurrence 2) Estimated. No. of Setups Required 3) Operation Unit Price 5 25.0 0 /hour 3) Television Inspection a) Unit Prices: 1 ) 14" pipe (223 ft) * Unit Price $ 5.50 /ft 2) 18" pipe (223 ft) * Unit Price $ 3. IS /ft 3) 24" pipe (4596 ft) * Unit Price $ 3. 00 /tt 4) Equipment Setup Unit Price $ 5 o.c /occurrence 5) Estimated. No. of Setups Required 6 6) Problem Area Photographs 3_ (•SO /each 7) Video Tape Recording Copies $ Z 5.c' /cassette * - estimated quantities from drawings 4) Bonds and Insurance Lump Sum $ SSO. Oo 5) Assuming a notice of award is given by May 6, 1988, indicate your best start and completion dates for the work: Start Date: M&-1 Ilo Iq$ Finish Date: .TUL9Isbteiga NOTE: Prices quoted are to be valid ninety (90) days from bid due date. E. BID DUE DATE Bids must be received prior to 10:00 A.M. on April 13, 1988. Bids are to be sent to: John Byrd, Purchasing Officer City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Mark outside of envelope "Bid No. 830, 10:00 A. M. , April 13, 1987". City of Fayetteville PROPOSAL FORM Page 3 March 3, 1988 BID NO. 830 F. SCHEDULE Work is to start as soon as possible after notice of award. Bidder agrees that all work is to be completed on or before July 13, 1988. G. LIQUIDATED DAMAGES The Bidder agrees that if he is awarded the Contract and shall fail to complete the work by the date specified in Paragraph F, liquidated damages shall be paid to the City at the rate of $100. 00 per calendar day for each day past the specified completion date until the work is satisfactorily completed as provided by the Contract Documents. H. BID EVALUATION Bids will be evaluated based on the following: 1. Lowest evaluated price. 2. Schedule. I . SPECIFICATIONS All work is to be completed in accordance with the attached specifications entitled. "SPECIFICATIONS FOR SEWER PIPELINE TELEVISION INSPECTION" dated March 3, 1988. J. DRAWINGS 1 . #333 (682 feet of 24 inch) 3. #373 (2740 feet of 24 inch) 2. M372 (1174 feet of 24 inch) 4. #374 (223 feet of 14 & 18 inch) • • K. EASEMENTS Portions of the work are located on public and private property, and . easements and permits have been obtained by the Owner. Easements will provide for the use of property for construction purposes only to the extent indicated an the easements. -Copies of these easements and permits are _available from the Owner.for inspection. _ It shall be the - Contractor's responsibility to determine the adequacy of the easement - . obtained in every case and abide by all requirements and provisions of the easement --.The Contractor shall confine his construction operations -• • to within the easement limits 'or _cake' "special arrangements with the =- property 'owners or appropriate public agency for any additional area -,-required. Any damage to property, -either inside or outside the limits of the easements provided by the Owner, shall be the responsibility of the Contractor. • City of Fayetteville PROPOSAL FORM Page 4 March 3, 1988 BID NO. 830 • L. LIABILITY INSURANCE All bidders must meet the terms of City Ordinance 2461 which provides for minimum liability insurance as follows: a. $100,000 per person b. $300,000 per occurrence c. $3001000 property damage M. CONTRACT A draft copy of the proposed contract is attached for your inspection. ,,, ''\l •V I 'BIDDER'S SIGNATURE • This bid submitted the 13th day of April . 1987 by k ` -. Insituform Texark, Inc. 17988 Edison Avenue Company Name Street Address • rWhest eld, Missouri 63017 314-532-6137 ty tate Zip Telephone No. 88-0424 Sionatur Bidder Arkansas License No. R bert W. Affho President Title • • r .... _ • CITY OF FAYETTEVILLE, ARKANSAS BID NO. 830 GENERAL TERMS AND CONDITIONS OF BIDDING COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS IS NECESSARY FOR CONSIDERATION OF THIS BID: A. Be sure to read all conditions and verify amounts before submitting bids. No charges or additions will be allowed after submission. B. Specifications furnished with the Invitation are intended to establish a desired quality or performance level , or other minimum dimensions and capacities which will provide the best product available at the lowest possible price. Other than designated brands and/or models approved as equal to designated products shall receive equal consideration. C. All bids shall be submitted in sealed envelopes, mailed or delivered to the Purchasing Office, City Hall , 113 W. Mountain Street , 2nd Floor, Room 209, Fayetteville, AR 72701. 1 . Submit bid on form provided. 2. This bid must be signed with the firm name and by an authorized officer , employee or agent. 3. Bids received after stated time of opening will NOT be considered. 4. State manufacturer , brand name, model , etc. , for each item. 5. Samples of items, when required, must be furnished free, and, if not called for within 30 days from date of bid opening, will become property of the City. 6. Guarantees and warranties should be submitted with the bid, as they may be a consideration in makia+g an award. 7. When accepting an "Invitation to Bid" , the bidder warrants that the commodities covered by the bid shall be free from defects in material and workmanshipunder normal use and service. In addition , bidder must deliver new commodities of the latest design and model unless otherwise specified in the " Invitation to Bid". 8. Prices quoted are to be net prices, and when an error is made in extending total prices, the City may accept the bid for the lesser amount, whether refleced by extension or by the correct multiple of the unit price. 9. Bid quotes submitted will remain firm for 90 calendar days from' bid opening date; however, the prices may remain firm for a longer period of time, if mutually agreeable between bidder and the City Purchasing Department. • City of Fayetteville BID NO. 830 Page 2 �Tems and Conditions 3/3/88 10. Prices quoted shall be "Free on Board" (F. O. B. ) to destination at designated City facilities in Fayetteville, Arkansas. Charges may not be added after the bid is opened. 11 . Discounts offered will be taken when the City qualifies for such. The beginning date for computing discounts will be the date of the invoice or the date of delivery and acceptance, whichever is later. 12. Sales or Use tax — Is NOT to be shown in the bid price but is to be added by the vendor to invoice billing. The City of Fayetteveille is not exempt form Arkansas State Sales and Use Tax. Although Sales and Use Tax is not to be included in this bid , vendors are to register and pay direct to the Arkansas Revenue Department. The City of Fayetteville, Arkansas is exempt from Federal Excise Tax. The City of Fayetteville is exempt from all taxes on motorized vehicles. 13. Arkansas preference must be requested on the bid to be considered as a factor in awarding a bid. 14. Delivery or contract completion time is to be shown , as this date may, where time is of the essence, determine contract award. 15. Quality, time and probability of performance may be factors in making an award. 16. The bid number must be stated on the face of the sealed envelope. If it is not , the envelope must be opened to identify. 17. Bidders must mark outside of envelope "Bid No. 830 . " 18. The City of Fayetteville reserves the right to reject any and all bids. 19. The City of Fayetteville reserves the right to award items , all or none , or by line item(s) . 20. In the event of two or more identical low bids , the contract may be awarded arbitrarily or for any reason to any of such bidders, or split in any proportion between them at the discretion of the City Purchasing Office. 21 . Whenever a bid is sought seeking a source of supply for a specified period of time for materials ,yid services, the quantities of usage shown are estimated ONLY. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for the bidders information ONLY and will be used for tabulation and presentation of bid and the City reserves the right to increase or decrease quantities as required. 22. CONSTRUCTION: When noted, the contractor is to supply the City with evidence of having and maintaining proper and complete insurance, specifically Workman ' s Compensation Insurance in accordance with the laws of the State of Arkansas, Public Liability and Property Damage. All premiums and costs -shall be paid by the Contractor. In no way will the City be responsible in case of accident. When noted, a Certified Check or Bid Bond in the amount of 5% total bid shall accompany bid. City of Fayetteville BID NO. 830 Page 3 Terms and Conditions 3/3/88 A performance bond equalling the total amount of any bid exceeding $10,000. 00 must be provided for any contract for the repair, alteration or erection of any public building , public structure or public improvement (pursuant to Act 351 of 1953 as amended by Act 539 of 1979) . 23. In the event a contract is entered into pursuant to the "Invitation to Bid" , the bidder shall not discriminate against any qualified employee or qualified applicant for employment because of race, sex , color , creed, national origin or ancestry. The bidder must include in any and all subcontracts a provision similar to the above. 24. Liquidated damages shall be assessed beginning of the first day following the maximum delivery or completion time entered on this bid form and/or provided for by the plans and specifications. 25. Any ambiguity in any bid as the result of omission , error , lack of clarity or non-compliance by the bidder with specifications, instructions, and all conditions of bidding shall be construed in the light most favorable to the City. 26. The City of Fayetteville reserves the right to reject any and all bids , to accept in whole or in part, to waive any 'informalities in bids received , to accept bids on materials or equipment with variations from specifications in those cases where efficiency of operation will not be impaired , and unless otherwise specified by the bidder , to accept any item in the bid. If unit prices and extensions thereof do not coincide, the City of Fayetteville may accept the bid for the lesser amount whether reflected by the extension or by the correct multiple of the unit price. 27. Additional information may be obtained from: • PURCHASING OFFICE 113 W. Mountain Street 2nd Floor , Room 209 Fayetteville, Arkansas 72701 (501 ) 575-8281 Contact: Mr. John Byrd ft SPECIFICATIONS FOR SEWER PIPELINE TELEVISION INSPECTION MARCH 3, 1988 SECTION 1 - SCOPE OF WORK 1. 1 The work required by these specifications shall consist of furnishing all labor, materials, equipment, and supervision necessary to perform television inspection of the designated pipelines. The work shall consist of , but not necessarily be limited to. performing the following work tasks where specified: (a) Sewer Line Cleaning (b) Sewer Flow Control (c) Television Inspection 1 . 2 The area of work and the type of work to be performed shall be at those locations shown on the drawings and made part of the specifications, and shall be confined to pipe sizes ranging from 14 inches to 24 inches in diameter. Manhole inverts range from 5 to 25 feet deep. SECTION 2 - GENERAL 2. 1 SEWER LINE CLEANING shall be performed with hydraulically propelled, Y Y P P , high-velocity jet , or mechanic-ally powered equipment. Selection of equipment shall be based on field conditions such as access to manholes, type and quantity of debris to be removed, size of sewer , depth of flow, etc. 2.2 SEWER FLOW CONTROL shall be performed as required to comply with these specifications (see SEWER FLOW CONTROL) . 2. 3 TELEVISION INSPECTION shall be performed to reveal and document sewer line conditions. SECTION 3 - SEWER LINE CLEANING 3. 1 Intent: The intent of sewer line cleaning is to remove foreign materials from the lines as required for an accurate television inspection of the pipelines. It is recognized that there may be some conditions such as broken pipe or major blockages that may prevent cleaning from being accomplished or where additional damage would result if cleaning were attempted or continued. Should such conditions be encountered, the Contractor will not be required to clean those specific sections. CITY OF FAYETTEVILLE PAGE 2 TV INSPECTION SPECIFICATION 3/3/88 3. 2 Cleaning Equipment: (a) Hydraulically Propelled Equipment: The equipment used shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to insure removal of grease. If sewer cleaning balls or other equipment which cannot be collapsed are used , special precautions to prevent flooding of the sewers and public or private property shall be taken. (b) High-Velocity Jet (Hydrocleaning) Equipment: All high-velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The equipment shall have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment shall also include a high-velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry its own water tank , auxiliary engines, pumps, and hydraulically driven hose reel . (c) Mechanically Powered Equipment: Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines shall be belt operated or have an overload device. Machines with direct drive that could cause damage to the pipe will not be allowed. A power rodding machine shall be either a sectional or continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specifically heat-- treated steel . To insure safe operation , the machine shall be fully enclosed and have an automatic safety clutch or relief valve. 3.3 Cleaning Precau ons: During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. When hydraulically propelled cleaning tools (which depend upon water pressure to provide their cleaning force) or tools which retard the flow in the sewer line are used, precautions shall be taken to insure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. When possible, the flow of sewage in the sewer shall be utilized to provide the necessary pressure for hydraulic cleaning devices. When additional water from fire hydrants is necessary to avoid delay in normal work procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire1in the area served by the hydrant. The Contractor will be billed for all water used, and prior to using water from a hydrant , arrangements are to be made with the City to obtain a portable meter to attach to the hydrant. . CITY OF FAYETTEVILLE PAGE 3 TV INSPECTION SPECIFICATION 3/3/88 3. 4 Sewer Cleaning: The designated sewer manhole sections shall be cleaned using hydraulically propelled , high-velocity jet , or mechanically powered equipment. Selection of the equipment used shall be based on the conditions of lines at the time the work commences. The equipment and methods selected shall be satisfactory to the Owner 's Representative. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If , again , successful cleaning cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists. The location of the blockage shall be documented and located and the cleaning effort shall be abandoned at that particular section of pipeline. 3.5 Root Removal : Roots shall be removed in those sections where root intrusion is a problem. Special attention should be used during the cleaning operation to assure sufficient removal of roots to allow the television inspection. Procedures may include the use of mechanical equipment such as rodding machines, bucket machines and winches using root cutters and porcupines, and equipment such as high-velocity jet cleaners. 3. 6 Material Removal : All sludge, dirt , sand , rocks , grease, and other solid or semi-solid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section , which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment , shall not be permitted. 3. 7 Disposal of Materials: All solids or semi-solids resulting from the cleaning operations shall be removed from the site and disposed of properly. All materials shall be removed from the site no less often than at the end of each workday. Under NO circumstances will the Contractor be allowed to accumulate debris, etc. , an the site of work beyond the stated time, except in totally enclosed containers and as approved by the Owner. 3.8 Final Acceptance: Acceptance of sewer line cleaning shall be made upon the successful completion of the television inspection and shall be to the satisfaction of the Owner 's Representative. If TV inspection shows the cleaning to be unsatisfactory to the extent that the condition of the pipeline is not revealed , the Contractor shall be required to reclean until the cleaning is shown to be satisfactory. SECTION 4 - SEWER FLOW CONTROL 4. 1 When sewer line depth of flow at the upstream manhole ofthe manhole section being worked is above the maximum allowable for television inspection, the flow shall be reduced to the level shown below by operation of pump stations, plugging or blocking of the flow, or by pumping and bypassing of the flow as specified. CITY OF FAYETTEVILLE PAGE 4 TV INSPECTION SPECIFICATION 3/3/88 4. 2 Depth of flow shall not exceed that shown below far the respective pipe sizes as measured in the manhole when performing television inspection. (a? Maximum Depth of Flow Television Inspection 6" - 10" Pipe 20% of pipe diameter 12" - 24" Pipe 25% of pipe diameter 27" & up Pipe 30% of pipe diameter 4. 3 Plugging or Blocking: A sewer line plug shall be inserted into the line upstream of the section being worked. The plug shall be so designed that all or any portion of the sewage can be released. During TV inspection, flow shall be reduced to within the limits specified above. After the work has been completed, flow shall be restored to normal . 4. 4 Pumping and Bypassing: When pumping and bypassing is required , the Contractor shall supply the pumps , conduits, and other equipment to divert the flow of sewage around the manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing flow plus additional flow that may occur during a rainstorm. The Contractor will be responsible for furnishing the necessary labor and supervisor to set up and operate the pumping and bypassing system. If pumping is required on a 24-hour basis, engines shall be equipped in a manner to keep noise to a minimum. 4. 5 Flow Control Precautions: When flow in a sewer line is plugged , blocked , or bypassed , sufficient precautions must be taken to protect the sewer lines from damage that might result from sewer surcharging. Further , precautions must be taken to insure that sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved. SECTION 5 - TELEVISION INSPECTION 4 5. 1 After cleaning, the manhole sections shall be visually inspected by means of a closed-circuit color television. The inspection will be done one manhole section at a time and the flow in the section being inspected will be suitably controlled as specified (see SEWER FLOW CONTROL? . 5.2 The color television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, . and other components of the video system shall be capable of producing picture quality to the satisfaction of the Owner 's Representative, and if unsatisfactory, equipment shall be removed and no payment will be made for an. unsatisfactory inspection. CITY OF FAYETTEVILLE PAGE 5 'TV INSPECTION SPECIFICATION 3/3/88 5. 3 The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of the sewer 's condition. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation of the sewer condtions shall be used to move the camera through the sewer line. If , during the inspection operation, the television camera will not pass through the entire manhole section, the Contractor shall set up his equipment so that the inspection can be performed from the opposite manhole. If , again, the camera fails to pass through the entire manhole section, the inspection shall be considered complete and no additional inspection work will be required. Any obstructions are to be noted and located. 5. 4 When manually operated winches are used to pull the television camera through the line, telephones or other suitable means of communication shall be set up between the two manholes of the section being inspected to insure good communications between members of the crew. 5. 5 The importance of accurate distance measurements is emphasized. Measurement for location of defects shall be above ground by means of a meter device. Marking on the cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy of the distance meter shall be checked by use of a walking meter , roll-a-tape, or other suitable device, and the accuracy shall be satisfactory to the Owner 's Representative. 5. 6 Documentation of the television results shall be as follows: (a) Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each infiltration point observed during inspection. In addition , other points of significance such as locations of building sewers, unusual conditions, roots, storm sewer connections, broken pipe, presence of scale apd corrosion, and other discernible features will be recorded and a copy of such records will be supplied to the Owner. (b) Photographs: Instant developing , 35 mm, or other standard-size color photgraphs of the television picture of problems shall be taken by _ the Contractor upon request of the Owner 's Representative, as long as such photgraphing does not interfere with the Contractor 's operations. (c) Videotape Recordings: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Videotape recording playback shall be at the same speed that it was recorded. Slow motion or stop-motion playback features may be supplied at the option of the Contractor. Title to the tape shall remain with the Contractor , however , the Owner reserves the right to purchase any or all of ' ,.EITY OF FAYETTEVILLE PAGE 6 TV INSPECTION SPECIFICATION 3/3/88 the tapes at the completion of the project. The Contractor shall have all videotapes and necessary playback equipment readily accessible for review by the Owner during the project, after which time the tapes may be erased at the Contractor 's option. SECTION 6 - CLEANUP AND EASEMENT RESTORATION 6. 1 CLEANUP - At all times maintain public and private properties involved in the work free from accumulations of waste, debris, and rubbish caused by the Contractor 's activities. Conduct cleaning and disposal operations to comply with local ordinances and anti-pollution laws. Do not bury or burn rubbish and waste materials on the project site. Provide approved containers for collection and disposal of waste materials, debris, and rubbish. At completion of the work, all paved surfaces are to be broomed clean and other surfaces are to be raked clean. 6. 2 GRASSED AREA RESTORATION - All areas disturbed or damaged by the Contractor shall be restored to the original condition. Any lawn or field grassed areas that have been disturbed , rutted, or otherwise damaged by the Contractor 's equipment or operations shall be repaired and reseeded. All ruts or other damaged areas with depressions are to be filled with clean topsoil and graded smooth to existing contours. The damaged areas are to be raked smooth and reseeded to obtain an acceptable uniform grass stand. a) An acceptable grass stand will not contain any bare spots over 2 square feet and not more than 10 percent of the area will have bare spots larger than 1 square foot. Seed Mixes: 1) Lawn Areas Species Proportion by Weight Hulled Bermuda 40% Kentucky Blue 35% Annual Rye 25% 2) Field Areas Kentucky 31 Fescue 40'l. Hulled Bermuda 20% Kentucky Blue 20% Annual Rye 20% b) Erosion protection is to be provided on areas with slopes greater than 5% by mulching with a light cover of straw not more than two days after seeding. c) If erosion damage occurs in any repaired and reseeded ,areas prior to establishing an acceptable grass stand, those areas shall be restored as outlined above and reseeded. CITY OF FAYETTEVILLE PAGE 7 . TV INSPECTION SPECIFICATION 3/3/88 6. 3 SURFACED AREA RESTORATION - Any disturbed, rutted , or otherwise damaged granular surfaced area, asphalt surfaced or paved area, or concrete surfaced area or structure shall be repaired to the original condition by the Contractor. Repairs are to be made in accordance with the current edition of the Arkansas Highway and Transportation Department Standard Specifications. 6. 4 Payment for work under this section shall be included in the unit prices for work covered under other sections in this specification. MEASUREMENTS FOR PAYMENT All measurements shall be as specified or made by conventional means with accuracies consistent with field conditions and common practice. Should a discrepancy in measurement exist which is greater than 10%, the item in question shall be measured by both the Contrator and the Owner 's Representative for verification. Measurements for payments shall be based on the following schedule: 1. SEWER LINE CLEANING shall be paid for at the unit price bid per linear foot of each size pipe. Measurement of the actual number of feet cleaned shall be made from the center of the manholes. Verification of adequate cleaning will be determined by the results of the television inspection. 2. PLUGGING OR BLOCKING of the sewer flow shall be considered incidental to the work and shall not be considered for payment. 3. PUMPING AND BYPASSING of sewer flows shall be paid for at the unit price bid per setup plus the unit price bid per hour of operation. 4. TELEVISION INSPECTION of the sewer lines shall be paid for at the unit price bid per linear foot of each pipe size, plus the unit price bid for resetup fom. the actual number of resetups required. Measurement of the actual number of feet inspected shall be made from the center of the manholes. It should be noted that if reverse setups (a situation that arises when the television camera cannot pass through the manhole section, making it necessary to reverse the positions of the television equipment and enter the sewer from the opposite direction) are required during television inspection, the per foot cost of television inspection will be charged for the total footage between the manholes involved. 5. PHOTOGRAPHS of the television picture of problems shall be '-paid for at the price bid per photograph. Measurement shall be based on the actual number of photographs taken. CITY OF FAYETTEVILLE PAGE 8 TV INSPECTION SPECIFICATION 3/3/88 6. VIDEOTAPE RECORDINGS shall be paid for at the unit price bid per linear foot of sewer line videotaped. Measurement of the actual number of feet videotaped shall be made from the center of the manholes. When a videotape record of only points of significance is made, it will be paid for at the unit price bid per videotape cassette used for the recordings. Measurement shall be based on the actual number of videotape cassettes used for the recordings. Videotape recordings may be purchased by the Owner and shall be paid for at the unit price bid per videotape cassette. Measurement shall be based on the actual number of videotape cassettes purchased. 7. CLEANUP AND EASEMENT RESTORATION shall be considered incidental to the work and shall not be considered separately for payment. # ContinentaI Bond No. BND 3705613 Insurance Executed in Triplicat PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 (Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: That Insituform Texark, Inc. (Here insert full name and address or legal title of the Contractor) as Principal, hereinafter called Contractor, and The Continental Insurance Company as Surety, (Here insert full name and address or legal title of Surety) hereinafter called Surety, are held and firmly bound unto The City of Fayetteville , (Here insert full name and address or legal title of Owner) Arkansas as Obligee, hereinafter called Owner, in the amount of Twenty five thousand and 0 0/ 10 0 Dollars ($ 25 ,000 .00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated _ entered into a contract with Owner for Sewer Pipeline Television Inspection in accordance with drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly 1)Complete the Contract in accordance with its terms and conditions,or 2)Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof.The term "balance of the contract price,"as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors, administrators or successors of the Owner. Signed and sealed this day of A.D. 19 Arkansa Resident Agent : �juryri/ IN . FORM TEXARK , INC. Fran Keaton (Seal) 10810 Executive Center Dr. (Princi Little Rock , AR. 72211 a 4.\51-4) (Witness) o.ert W. Affholde ( itle) President • The Contine al Ins a mpany _(Seal) (Su ty) • (Witness) (Title) Thomas C. Ricci , Jr. Attorney-in-Fact BOND 4393c . s BondNo.BND 3705613 - Executed in Triplicat LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 (Feb. 1970 Edition) Note:This bond is issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract KNOW ALL MEN BY THESE PRESENTS: That Insituform Texark, Inc. (Here insert full name and address or legal title of the Contractor) as Principal, hereinafter called Principal, and The Continental Insurance Company as Surety, (Here insert full name and address or legal title of Surety) hereinafter called Surety, are held and firmly bound unto The City of Fayetteville , (Here insert full name and address or legal title of Owner) Arkansas as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Dollars ($ ), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated enteredintoacontractwithOwnerfor Sewer Pipeline Television Inspection in accordance with drawings and specifications prepared by (Here insert full name,title and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void; otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1.A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor,material,or both,used or reasonably required for use in the performance of the contract,labor and material being construed to include that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental of equipment directly applicable to the Contract. 2.The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3.No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal,the Owner,or the Surety above named,within ninety(90)days after such claimant did or performed,the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid,in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business,or served in any manner in which the legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b)After the expiration of one(1)year following the date on which Principal ceased work on said Contract,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c)Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere. 4.The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of A.D. 19_. Arkansas R sident Agent IN ORM TEXA , IN . 0 Fran Keaton (Seal) 10810 Executive Center Dr. (Principa Little Rock , AR. 72211 `'rre (Witness) 'o.ert W. Affholder ( itle) President The Conti al In a e ompany (Seal) — (Sur' ) (Witness) (Title) Thomas C. Ricci , Jr. Attorney-in-Fact BOND 4 391C , The Continental Insurance Company • 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents,That THE CONTINENTAL INSURANCE COMPANY has made,constituted and appointed,and by these presents does make,constitute and appoint Thomas C. Ricci, Jr. of St. Louis Missouri its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Five Million ($5,000,000.00) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each or any of them is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985, THE CONTINENTAL INSURANCE COMPANY Attest: By •mot,` l t.,...1311 'yt • /r 5.4 loaf I Rpemaert.Vice President State of Missouri ) County of St. Louis ) ss: On , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Thomas C. Ricci , Jr . known to me to be Attorney-in-Fact of The Continental Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instru- ment in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires ��,�p to Public Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. r This is to Certify that I- LIBERTY - _= Name and MUTUAL • Insituf orm Texark, Inc. '~address of �Nrv�^"41LN.N('u VN.N. g(Nr WPIp'NF 4lwuwt +. 17988 Edison Avenue Insured. L- Chesterfield, MO 63017 is,at the issue date of this certificate,insured by the Company under the policy(ies)fisted below.'The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this cer- tificate may be issued. TYPE OF POLICY CERT.EXP.DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. COV.B LAW OF THE FOLLOWING STATES: Bodily Intury By Accident WORKERS' 3/31/89 WC2-141-038304-238 ARKANSAS 1nn,lnn Ea.Acc. Bodily Injury By Disease COMPENSATION 100,000 Ea.Person Bodily Injury By Disease 500,000 Pol.Limn General Aggregate-Other than Products/Completed Operations $2,000,000 Products/Completed Operations Aggregate 3/31/89 TB1-141-038304-298 $1 nnn,nnn i Q Bodily Inky and Property Damage Liability I I ,4 $1 ,non non per occurrence I Cj W y CLAIMS MADE Personal and Advertising Intury '— RETRO DATE $1,000 000 oer ni a tiV J organEzatan -CO Q Other W � $50,000 Fire Legal Liability 2 ® OCCURRENCE $5,000 Medical Payments x Comprehensive Form - Blanket XCU SPECIAU�x Contractual Liability ENDORSEMENTS Independent Contractors/Contractors Protective Broad Form Comprehensive Liability } [3] OWNED $ 1,000,000 EACH ACCIDENT-SINGLE LIMIT-B.I.AND P.D.COMBINED EACH PERSON ® NON-OWNED 3/31/89 AS 1-141-038304-248 $¢Q EACH ACCIDENT EACH ACCIDENT ® HIRED $ OR OCCURRENCE $ OR OCCURRENCE w Umbrella Excess 3/31/89 LE1-141-038304-288 $5,000,000 Each Occurrence Liability LCCATION(S)OF OPERATIONS&JOB # (If Applicable) DESCRIPTION OF OPERATIONS: ( City of Fayetteville, AR,Sewer line TV Inspection Sewerline TV Inspection 1 Aid Nn_ R1fl I •NOTE.You will NOT be notified annually of the continuation of this coverage.You will be notified if this coverage is terminated or reduced. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REIlUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 3300 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: City of Fayetteville CERTIFICATE 113 West Mountain AUTHORIZED REPRESENTATIVE HOLDER-i. Fayetteville, AR 72701 May 18, 988 St. Louis DATE ISSUED OFFICE L J -^•a certificate is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is afforded by That Company,it is executed by LIBERTY MUTUAL FIRE INSURANCE .:;MPANY as respects such insurance as is afforded by That Company,n is executed by LIBERTY INSURANCE CORPORATION AS respects such insurance as is afforded by That Company BS772S e , K.�)FILMED WICROFli SPECIFICATIONS FOR COMPANY STREET ED EDWARDS ROAD/MALLY WAGNON ROAD DEAD HORSE MTN. 'ROAD GREGG AVENUE SUTTON STREET WATER LINE REPLACEMENTS March, 1988 Bid #834 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS • • CITY ENGINEERS' OFFICE INDEX ADVERTISEMENT FOR BIDS BID BOND PROPOSAL ARKANSAS PERFORMANCE AND PAYMENT BOND CONTRACT AGREEMENT INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE SPECIFICATIONS DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS DETAILED SPECIFICATIONS PART III MATERIALS APPENDIX - STANDARD DETAILS CITY OF FAYETTEVILLF BID NO. 834 ADVERTISEMENT Notice is hereby given that the City of Fayetteville, Fayetteville, Arkansas, hereinafter called the Owner, will receive sealed bids at the Purchasing Agent's Office, City Hall, 113 West Mountain Street, Fayetteville, Arkanas, until 10:00 a.m. , on the 7th day of April, 1988, for the furnishing of all tools, labor, and materials, and performing the necessary work to be done to complete the water line replacements on: 1. Company St. 4. Gregg Avenue 2. Ed Edwards Road 5. Sutton Street 3. Dead Horse Mtn. Road All necessary work, materials, and every item of construction shall be in accordance with the Plans and Specifications as prepared by the Engineer. Copies of the documents may be obtained from the office of the City Engineer. The Contractors shall make such inspection and studies of the site of the work as to thoroughly familiarize themselves with all conditions to be encountered. Each bid must be accompanied by a surety bond in the amount equal to five percent (5%) of the whole bid, said bond to be issued by a surety company licensed to do business in the State of Arkansas, said bond to be retained as liquidated damages in case successful bidder fails, neglects or refuses to enter into the contract for the construction of said works, and furnish the necessary bonds within ten (10) days from and after the date the award is made. The successful bidder will be required to furnish a performance and payment bond, in favor of the Owner, in an amount equal to one hundred percent (100%) of the contract amount, at the time of the award of the particular contract section. The Owner reserves the right to reject any and all bids, and to waive any formalities deemed to be in its best interest. The attention of all bidders is called to the fact that they must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature, as amended if this contract exceeds $20,000.00. Notice is hereby given that the City of Fayetteville is an Equal Opportunity Employer. The proposed contract is under and subject to Executive Order 11246 of September 24, 1965. The successful bidder will be required to submit a Certificaton of Non- segregated Facilities prior to award of the Contract, and to notify prospective subcontractors of the requirement for such a Certification where the subcontract exceeds $10,000.00. Neither contractor nor subcontractor shall exclude from participation in, deny the benefits of, or subject to discrimination under any program or activity, any person in the li.S. on the grounds of race, color, national origin or sex, nor discriminate on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, or religion except that any exemption from such prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 196.1, or Title VIII of the Act of April 11, 1968, shall also apply. This advertisement is hereby made a part of the specifications and a part of any subsequent contract. h ng ent U ) BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of 19 The condition of the above obligation is„such that whereas the Principal has submitted to a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW THEREFOR, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid. then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of the obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal Surety SEAL BY: 3 PROPOSAL Place A�Gz1-(-7 ��.,t4f. Date /4 "7 - 2" S Proposal of JERRY D. SWEETSER, INC. a corporation* organized and existing under the laws of the State of f /gkAn1SA S , and qualified to do business in the State of Arkansas; a Partnership* consisting of , an Individual* trading as , TO THE CITY OF FAYETTEVILLE, ARKANSAS: - The bidder in compliance with your invitation for bids for the construction of Company Street and etc. Water Line Replacements having examined the Plans and Specifications with related documents and the site of the proposed work, and being familiar with all the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all labor, material , and supplies required to be furnished, and to construct the project in accordance with the Contract Documents, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specified in a written "Work Order" of the Engineer, and to fully complete ' the project within 70 consecutive calendar days. Bidder acknowledges receipt of the following addenda: * Fill out applicable blank 4 COMPANY STREET - WA'1'rR LINE REPLACEMENT ITEM ESTIMATED QUANTITY UNIT** TOTAL NO. AND DESCRIPTION PRICE 1. 300 L.F. 2" P.V.C. SDR21 Pressure k W . bO t,A RS Class 200 Dollars, $ /, ° 55o 700_22 2. 1 each ppL�A(2S 2" Connection with Ball l tJ C. R U M bR E D I F Ty Valve and Roadway Box Dollars $ quo, q 50. 3. 100 s.y. .16,1A-V t3 o LL e S Street Repair (See Detail Sheet) Dollars g, " 5 1,800.Q2 4. 3 each StvEN�-y S Connection to existing Service Line Dollars $ Total Dollars $ $5, 05.97-9 V 4-a. ED EDWARDS RD./MALLY WAGNON ROAD WATER LINE REPLACEMENT ITEM ESTIMATED QUANTITY UNIT** TOTAL NO. AND DESCRIPTION PRICE 1. 1300 L.F. SIX DoLLi9RS 4" P.V.C. C-900, DR14 - Pressure Class 200 Dollars $ 6, &o $7, 300 00 2. 1 each ,1( -rr Hut3c2ii TWEIJTy 5WE DOLLA12S 4" x 4" Tapping Sleeve and Valve with Box Dollars $ $goo $ 8z5. _o 3. 1 each -(}1fE.E. 14uNpQE.D FIFTY boLLARS 2" Ball Valve with Box Dollars $ ,3E0. a° $350.°° 4. 2 Farh S U E NTY- I V E_ CO LISA 2S Connection to existing Service Line Dollars $ 7c oo $ 1 50 °v Total Dollars $ $9Ia5.°° v 4-1 DEAD HORSE MTN. ROAD WATER LINE REPLACEMENT ITEM ESTIMATED QUANTITY TOTAL** TOTAL NO. AND DESCRIPTION PRICE 1. 7100 L.F. E IG HT bOLLAQS fINA I F-ry C £ fJTS 6" P.V.C. Water Line C-900, DR14-Pressure Dollars Class 200 $ 8; c.o $6,0,35o. o0 2. 1 each SIGHT HUN���QTH I�TY �.LW�S 6" x 6" Tapping Sleeve and Valve with Roadway Box. Complete Dollars in place o $ 3o. $830.° 3. each -Too 1-ALWO2Ep NINFTV- FIYE �oLLA�s 6" Gate Valve with Box Complete in place Dollars $ 9�. $1:1r10.1)4 4. 1 Each Creek Crossing with 51 X 141AN( k.E.6 bo LL A .S Concrete Encasement (See Detail Sheet) Dollars $ ( 7Ci ° $(0OO 5. 4 Farh >=11= �Ol LA S Gravel Road Crossing TWO RLU3 D kab and Repair Dollars $ 2 5o oo $lUOD. °= DEAD HORSE MTN. ROAD - CONTINUED Dollars Total $ $ ?,5SQ, 93 V/ 4‹.1 DEAD HORSE MTN. RD. WATER LINE REPLACEMENT ALTERNATE BID ITEM ESTIMATED QUANTITY UNIT** TOTAL NO. AND DESCRIPTION PRICE 1. 7100 L.F. /4HT LOLLr_1eS A' Sf oEAJYt/- Five CfatS 6" D.I.P. CLASS 51 Dollars Total $ 8 ' 5 $ 1i_/Z,5.c f GREGG AVENUE WATTER LINE REPLACEMENT ITEM ESTIMATED QUANTITY TOTAL** TOTAL NO. AND DESCRIPTION PRICE 1. 560 L.F. VOuk-TEE.13 c OLLP S 6" P.V.C. (C-900) DRl4- Pressure Class 200 Dollars 00 $ /4 oo $7, 84o. 2. 1 each ONE -Th0uSANfl FIVY. I-ItA0,8 A. DOLLACS 6" x 6" Tapping Sleeve and Valve with Roadway Box. Complete Dollars in place $ /�aa, oo $ 11500.°D 3. 1 each ONE ll-I OI-S P t , 14 u N D 2A.bbo LL R ►2S 10" x 6" Tapping Sleeve and Valve with Roadway Dollars Box. Complete in place. o0 $ /GOO, va $14 6 00. _ 4. 1 4" ach Gate Valve w/roadway TN 2 E H u Q TH 1 R1Y- SIX DOLL 2-S Box. Complete in place, and the Connection to Dollars exist. 4" service line $ 33C, $ 33(0.°° 5. 2 Farh Connection to existing S�V .NTY" Fl YE DO LLA S Service Lines Dollars 00 $ 7,5; Gv $ 150 . GREGG AVE. WATER LINE (CONT. ) 6. 200 s.y. Street Cut and Repair CI CII lT E E.FJ ISO LLP (See Detailed Sheet) Dollars $ $3 Lo oo, o0 Dollars Total $ S 15, o210.0 0 GREGG AVE. WA'1']Rt LINE REPLACEMENT ALTERNATE BID ITEM ESTIMATED QUANTITY UNIT** TOTAL NO. AND DESCRIPTION PRICE �. 560 L.F. Vpue-tE€� bOL QS AP .SEL/6/ TY- �iY� C� 6" D.I.P. CLASS 51 Dollars Total $ //le. $8, acpo.°� -411 SUTI'ON STREET WATER LINE REPLACEMENT ITEM ESTIMATED QUANTITY TOTAL** TOTAL NO. AND DESCRIPTION PRICE 1. 310 L.F. 2" P.V.C. SDR21 E VI HT boLLA . S Pressure Class 200 Dollars oa $ F, 0 $02, g0. = 2. 1 each �0 LL fl S 2" Connection with 2" ON Thous f}n)l'� Tl O HU►J!J Q�D and Valve with Box Dollars $ is oo, 3. 3 each 5 -���-y- F1YE COLLAQS Connection to existing Service Line Dollars $ 75. " °° Total Dollars $ $3, Io5. °° (ou�rJ Company Street $ 5, 1 1�-I 5 p_0 ,./ Ed Edwards Rd. $ 9, 1 a 5 = Dead Horse Mt. Rd. $ 11124 5 50 00 Gregg Ave. $ I 5r , or,, (o . �` ✓/ cq V Sutton St. °° 3, 1 0 5. - oo TOTAL $ I p l a g 1,, ✓ Dead Horse Mt. Rd. (Alt. ) $ Loco , 3 a 0 5 . _0 0 Gregg Ave. (Alt. ) 5, 0. _ Note: This project will be awarded on the basis of low bid on the total for all projects . 5 ** Unit Prices to be shown in words and figures . In case of discrepancy amount shown in words will govern. The unit prices shall include all labor, materials, bailing, shoring, overhead, profit, insurance, etc. , to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids . Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within ten (10) days and deliver the Surety Bond or Bonds as required by Paragraph 8 of the General Conditions . The bid security attached in the sum of is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as •liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully Submitted: JERRY D. SWEETSER, INC, 6//1 By (ja66e,dE 'l0 .,&F` cz 7.27c 3 SEAL - if bid is by a corporation ARKANSAS PERFORMANCE AND PAYMENT BOND (14-604 Arkansas Statutes) KNOW ALL PEN BY THESE PRESENTS: That we (1) a (2) , hereinafter called "Pr:hereinafter cipal" and (3) of , State of hereinafter called the "Suret , are held and firmly bound unto (4) called "Owner" in the penal sum of dollars ($ ) , in lawful money of the United States, for the payment of which sum well and truly to be made, said principals and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , 19 a copy of which is attached and made a part hereof for the construction of: NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agree- ment of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing material for or performing labor in the prosecution of the work provided for in such contract, any any authorized extension or modification thereof, all amounts due for, but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivisions thereof which shall have arisen on account of, or in connection with, the wages earned by workmen covered by the bond; and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. 7 The Surety agrees the terms of this bond shall cover the payment by the principal of not less than the prevailing hourly rate of wages as determined by the Arkansas Department of Labor or U. S. Secretary of Labor, whichever is greater, to all workmen performing work under the contract. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alternation, or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract as to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each of which shall be deemed an original, this day of 19 ATTEST: (PRINCIPAL) BY SECRETARY (PRINCIPAL) (TITLE) (SEAL) (ADDRESS) WITNESS AS TO PRINCIPAL (SURETY) BY ADDRESS ATTORNEY-IN-FACT ATTEST: ADDRESS SECRETARY (SURETY) (SEAL) WITNESS AS TO ATTORNEY-IN-FACT ADDRESS 8 NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, a Partnership, or an individual, as case may be (3) Correct name of Surety (4) Correct name of Owner (5) If Contractor is Partnership, all partners shall execute bond (6) This bond must be filed with the Circuit Court of the County where the work is to be performed, prior to the start of const- ruction (7) Must be executed by Arkansas Local Resident Agency for Surety 9 CY ThACT A 'ai 1. THIS CG\I CT A' D AST, ode and entered into ths day of � , 19�f8, by and between the City of Fayetteviille, Arkansas, Party of the First Part, acting rough it's duly authorized representative, and Jerry D. Sweetser, Inc. 590 Poplar St. Fayetteville , AR 72703 Party of the Second Part: WIT: S H: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools, labor, equipment, materils, and supplies required to the furnished and to construct the improvc...lents designated as Company St., Ed Edwards Rd. ,Dead Horse Mtn. Rd, Gregg Ave. , Sutton St. Waterlines for $98 , 281. 00 for the City of Fayetteville, Arkansas, in exact accordance with the Plans on file at the Office of the City Engineer, and Specifications, Proposals, Stipulations, and Special Provisions attarhed hereto and made a part hereof as fully as though copied herein, under the direction of and to the entire satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas. 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final can ensation for all work done under this agreement, the Unit Prices and/or Lump Sum Price named in the Propol which is hereto attached, such payment to be made in lawful money- of the United States, at the time and in the mariner set forth in the Specifications. 3. The Party of the Second Part agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Prupocal . Time is expressly made of the essence of this Contract. If the Party of the Second Part shall fail to complete the work in the time specified he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the amount specified in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted from the final amount to be paid under the Contract. Extensions of time may be granted with waiver of liquidated damages as provided for in the Specifications. 4. The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Contract, as required by the lows of the State of Arkansas, and for not less than one hundred (100) percent of the amount of this Contract. Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials for a period of one (1 ) year after completion. The Surety on said Bond shall be a Surety Company of financial resources satisfactory to the Party of the First Part, and authorized to do business in the State of Arkansas. 5. The Party of the second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and..Workman's Compensation Insurance in amounts as required by these Specifications. WITNESS OUR HANDS THIS /�7 DAY OF hiji , 1987 CITY OF FAYETTEVILLE FAME ITEVT I F, ARKANSAS Attest by City Clerk By CZ41b0 •ntractor BY _ //// Name : 6 'i tl e WI TES S ines Address Corporate Seal (if any) tzoittTh"tYt*s:iiir' "t�s pr"1,M1)s£Ftt f n...irr i4s'ts?:t 1 Y liy ,• ss•.. 'rr .�rss:itt �tk:e 'sq'£' Yjs3Mii"� ! tY:3'ti', .rtf• 's'st.....;;l atr �r::rt ''_f .,.,...; t.. `I if, .,.. � t:.. ..{./ i.....i: t ui: �s.,., ft' '4:. (f .£;�?f� etfi, ;i ;si£iiff/ \`t,. .I t' ..t`' Y'1;JiEt;•` £ •.{//�1't?Eee: I - ELITY-t 70 uii E\0'�urb•—,_ ,. UNITED STATES FIDEL ! �� ARANTY COMPANY . ie9a *^ e? (A St c any) 'P BID BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: Y' X i THAT Jerry D. Sweetser, Inc. of Fayetteville, Arkansas as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation,as Surety, are held and firmly bound unto - - City of Fayetteville, Fayetteville, Arkansas as Obligee, in the full and just sum of Five Percent (5% of Bid) Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and materials for water line replacements for Company St. , Molly Wagon Road, Dcad Horse Mountain Road, Gregg Ave. , and Sutton St. , City of Fayetteville, in accordance with plans and specifications of the City of Fayetteville. Bid #834. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of f.. the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work ,- if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. - y. Signed, sealed and delivered 4/7./88 (Date) 7 D. Sweetser, Inc. (SEAL.) Pr dent'''..... .... . (SEAU — '''':''..S.,--:;. Secre UNITED STATES FIDELITY AND GUARANTY COMPANY :!..i,,,,,zir Robert M. Davis Attorney-in-fact ' '+'• eL•,. iz:•s..�� ,;.N is tKitli:£:;:.�:,�t.ittt 1111)_ ..�+' �:, 7F" ra 1�$i�;s= ? �►Y=. �i=a�k�iiif?(i'•:,� "r+' ...,.,,.?.:.=is�:'si4 ,ii... 't+�.t = �e....Asv Wlll3'•E::.. ii:: u.1�1! ,.. s �,., .•',, „i. t y ££ ,�. .,. ....... a �. .. � ii?i:;tts (�� itR:: ti Contract 11 (Revised) (1-74) ,•;,•r. CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 100117 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Robert M. Davis of the City of Fayetteville , State of Arkansas true and lawful attorney in and for the State of Arkansas' for the following purposes,to wit: To sign its name as surety to,and to execute,seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Robert M. Davis may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice•President and Assistant Secretary, this 31st day of December ,A.D. 19 87 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By W,J,D, Sarer 'ille, Jr. Vice-President. (SEAL) Douglas R. Bowen (Signed) Assistant Secretary. STATE OF MARYLAND. t as: BALTIMORE CITY, On this 31st day of � r ,A. D. 1987, before me personally came W.J.D. Somerville, Jr. , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Douglas R. Bowen ,Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said W.J.D. Somerville, Jr. and Douglas R. Bowen were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary,respectively,of the Company. My commission expires the first day in July,A. D. 19 90 Margaret M. Hurst (SEAL) (Signed) Notary Public. FS 3 (1.87) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact,or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contract s guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also,in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be tllowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or rt corded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other associat.on or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the tame. Janes M. Carroll ,an Assistant Secretary of the UNITED STATES FIDELITY tAD GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Robert M. Davis of Fayetteville, Arlcansas , authorizing and empowering him to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on April 7, 1988. (Date) .1Y,"1"19 r eziss„...„„e„. Assistant Ste,?tart'. ► V 1 ► 1 1 / V SET TAB STOPS AT ARROWS Of ® CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 5/12/88 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Eason & Co. , Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 4217 Fayetteville, AR 72702 COMPANIES AFFORDING COVERAGE COMPANY A LETTER United States Fidelit & Guaran COMPANY INSURED LETTER B Jerry D. Sweetser, Inc. COMPANY 590 W. Poplar LETTER C Fayetteville, AR 72701 COMPANY LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE IMM/DO/YY) DATE(MM/DD/YY) EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY A© COMPREHENSIVE FORM 1CP0789582420 10/30/87 10/30/88 INJURY $ 1,000 $1,000 ■ PREMISES/OPERATIONS PROPERTY MIUNDERGROUND DAMAGE $ 1,000 $1,000 EXPLOSION 8 COLLAPSE HAZARD ■ PRODUCTS/COMPLETED OPERATIONS ■ CONTRACTUAL BI 8 PD COMBINED $ $ ■ INDEPENDENT CONTRACTORS ■ BROAD FORM PROPERTY DAMAGE ■ PERSONAL INJURY PERSONAL INJURY $ 11111 AUTOMOBILE LIABILITY BODILY A© ANY AUTO 1CP0789583420 10/30/87 10/30/88 (PERRY PERSON) $ 1,000 ■ ALL OWNED AUTOS(PRIV PASS) BODILY OTHER INJURY II ALL OWNED AUTOS(PRIV PATSSHAN) (PER ACCIDENT) $ 1,000 ■ HIRED AUTOS PROPERTY . NON-OWNED AUTOS DAMAGE $ 1,000 ■ GARAGE LIABILITY BI 8 PD ■ COMBINED $ EXCESS LIABILITY A© UMBRELLA FORM 1CP0789582420 10/30/87 10/30/88 COMB NED $ 2,000 $2,000 ■ OTHER THAN UMBRELLA FORM STATUTORY A WORKERS' COMANDPENSATION 3902852879 10/30/87 10/30/88 $100 (EACH ACCIDENT) $500 (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY $100 (DISEASE EACHEMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION City of Fayetteville SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Attn: Sid Norvash MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Fayetteville, AR 72701 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEN E Bob Davis ACORD 25(8/84) ? IIR/ACORD CORPORATION 1984 Fr,µ+�iNf t :V '.l•.: p��5�t:r% t•:`'F ,+ ::ii {. ::eter+rP+lsittivirf+'•+"stfii£ 5{tl., '�ttf 1'�t ..,/'' 1�,,�{s{57.."i''i{ e` s?'ste` re .,,s{"si`t, {$it3`+ t :sr � t�"'•,,pp,,�1'ttii,,.r,� �ttt{,to M s•£r':e'r� ��s,iti}r i 1,7i t{�,;.r�Ir Yi{.:? st.::: ;.t� sr 'e,r .....,. � s : 7 :ti,. 4}� sp%jee"'' .v',� ?�, ,�.•e..:���{I:x i+6h`'.��i:e"2h.sfs.::;.�_>+;.:+`/.tl 7... 1Q rtis-•.,,,�-.s..Nt��'�... _�...� -� ,'�' _,. � ...t�''":'u,. _ i \,,EL1TYgMp .::l LN QED' S: Al 1ES H D]E L1 �� �- 5f- 1( A AN Y COIVI1PANY riA w (A Stoc Company) " ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND "''I We Jerry D. Sweetser, Inc. A as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Fayetteville, Arkansas as Obligee, hereinafter called Owner, in the amount of Ninety—Eight Thousand, Two Hundred Eighty—One Dollars and No/100 ifi Dollars ($ 98 a281.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, :Z] personal representatives, successors and assigns, jointly and severally, firmly by these presents. 4 Principal has by written agreement dated entered into a contract with Owner for Bid #834, for furnishing all labor and materials for water line , s`+ replacements for Company St. , Molly Wagon Rd. , Dead Horse Mountain Rd. , Gregg Ave. , and Sutton St. , City of Fayetteville, in accordance with plans and a specifications of the City of Fayetteville. :::• , which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. nby THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the - `'` Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he 1 t,:: 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, end, 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 the Owner after six months from the date final payment .�' is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years , i' from the date on which the final payment under the Contract falls due. 'ia Any alterations which may be made in the terms of the Contract, or in the work to be done under it, 41 i or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on thepart of either the Owner or the Principal to the other shall not in anywayrelease the Principal and the 1 .:.:: p P ;;�� i 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 11 a:•' hereby waived. i== k-`I In no event shall the aggregate liability of the Surety exceed the sum set out herein. .'i Executed on this day of , 19 '�"'l 'fi <' Jer D. STe, , Inc. -1 ,, Principal B 'e�den �, '� UNIT i STATES 'IDEL'ITY AND GUARANTY COMPANY „,:di _' �,/// Surety �> r Y E- y ``e` Attorney-in-fact - Robert M. Davis 4 •I-is �r h ;f}`e ii, a ,,Z ii f�r'i:: ii1i ;%i' i• ,iii:i 's 5 i qJ r eL„ �i's5�,.ra :st�.t\FA.F 'u��'.a, ..s'�r n.+:....}'.��f�'� %'fk4�.//.{Be..fs'.i�`rr�..i.��,{,f' 7�,r.. -,R,M}* 'S��'f � �.,. .{t., + ..� ';.. k�M1'yr 5,,;! .•.....s... .tt....._ ...•3 f}:::'. •is''4, �f .'ti' r: '4a: �+L.......e �.+.f......�'e . ....... ... st., Contract 158 (Arkansas) (10-57) IF' . CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 100117 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Robert M. Davis of the City of Fayetteville , State of Arkansas its true and lawful attorney in and for the State of Arkansas for the following purposes,to wit: To sign its name as surety to,and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Robert M. Davis may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 31st day of December ,A.D.19 87 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By W,J,D, Saerville, Jr. Vice-President. (SEAL) Douglas R. Bowen (Signed) Assistant Secretary. STATE OF MARYLAND. BALTIMORE CITY, s ss: On this 31st day of December ,A. D. 1987, before me personally came W.J.D. Somerville, Jr. , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Douglas R. Bawen ,Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said W.J.D. Somerville, Jr. and Douglas R. Bowen were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary,respectively,of the Company. My commission expires the first day in July,A.D.19 90 Margaret M. Hurst (SEAL) (Signed) Notary Public. FS 3 (1-87) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact,or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also,in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the same. Janes M. Carroll ,an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Robert M. Davis of Fayetteville, Arkansas , authorizing and empowering him to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. ' In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on (Date) ff"1"117 4/6(767441‘4 Assistant Secretary. INSTRUCTIONS TO BIDDERS 1. QUALIFICATIONS OF CONTRACTORS: Before submitting a bid, bidders must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas General Assembly, and the successful bidder must be legally qualified in all respects to do business in the State of Arkansas. When called upon to do so after receipt of Proposals, bidder shall prepare a Financial Statement, Experience Record, and Equipment Schedule. These statements shall reflect the current status of the bidder. The statements of each bidder must show net liquid assets or credit facilities in an amount of not less than fifteen (15) percent of the total amount bid. Each bidder must ha-e had at least three (3) year's experience in construction of similar improvements and must have successfully completed at least three (3) such projects. Each bidder must have equipment available which, in the opinion of the Engineer, is adequate to complete the work under these Specifications in the time allowed for completion. Should any bids be received from bidders whose statement, when filed, fail to show that the bidder's qualifications meet the minimum requirements above-enumerated, such bids may be rejected. 2. LOCAL CONDITIONS: Bidders shall read the Specifications, examine the Plans, and make their own estimates of the existing facilities and the difficulties which will attend the execution of the work called for by the proposed Contract, including local conditions, uncertainty of weather, and all other contingencies. Bidders shall satisfy themselves by personal examination of the location of the proposed work, and by such means as they may choose, as to actual conditions and requirements. Information derived from the Plans and Specifications or from the Engineer or his assistants shall not relieve the bidder of this responsibility. 3. PROPOSAL GUARANTEES: Proposals must be accompanied by either a certified or cashier's check, drawn on a National Bank or a bank having membership in the Federal --Reserve System, or a Bid Bond executed by a satisfactory Surety. The proposal guarantee shall be in an amount not less than five (5) percent of the bid and made payable to the Contracting Authority to whom the Proposal is made. A lesser amount will not be accepted. The proposal guarantee, or other bid qualifications, shall be sealed in a separate envelope firmly attached to the outside of the sealed Proposal. The outer envelope shall be opened first, and if the documents are not found to be in order, the sealed Proposal shall be returned to the bidder unopened. The amount of any check or bond shall be retained by the Contracting Authority as liquidated damages in case the bidder neglects or refuses to enter into a contract and to furnish the required contract bond within ten (10) days after the prescribed contract and bond forms are presented for signature. 12 Checks of unsuccessful bidders will be returned immediately after a contract has been executed. 4. PROPOSALS: (a) Proposals shall be strictly in accord with the prescribed forms, furnished with the Specifications. Any modifications or deviations therefrom may be considered sufficient cause for rejection. (b) The bidder shall state in words and figures the lump sum and unit prices for which he proposes to do each item of work covered by the Proposal. In case words and figures do not agree, the words shall govern and the figures shall be disregarded. (c) It is to be understood that the lump sum required in the Proposal is for the furnishing of all materials required to be furnished and the doing of all work required under these Contract Documents, including items for which no quantities are given, and the quantities given in the "List of Variable Quantities" at the end of the Proposal. The "Unit Prices for Variation of Quantities" required are for adjustment of the "Basic Bid" by reason of variation of actual variable quantities from the quantities given in the "List of Variable Quantities". In case unit prices are not required, it is to be understood that the lump sum required in the Proposal is for the furnishing of all materials required to be furnished and the doing of all work required under these Contract Documents. (d) Proposals may be submitted for any or all Schedules, if more than one Schedule is included in the work, but bidders submitting a proposal for a "construction" Schedule must submit a proposal for any other Schedule of work incident thereto, such as "Electrical" and "Plumbing". Where a bidder bids on more than one Schedule and desires to accept the proposal, but any reservation on the part of the bidder to make a decision on what Schedules he will accept after bids are opened will render the bid null and void. (e) Proposals must be signed, in writing, by an individual authorized to bind the bidder. (f) Proposals must be submitted complete, with all other Contract -Documents in their original binding as furnished by the Engineer. They must be submitted at the place and on or before the time specified in the Advertisement for Bids. (g) Proposals must be submitted in sealed envelopes addressed to the Contracting authority, and clearly marked on the outside of the envelope, "Proposal for Construction Contract" to be opened at (date and time) . The Bidder's current Arkansas Contractor 's license number must be marked on the envelope. (h) The Contracting Authority will not consider bids covering only a portion of these Specifications. iz (i) The unbalancing of bids will not be tolerated. Evidence of material unbalancing will be considered cause for rejection. 5. MODIFICATION OF BIDS: No modification of bids already submitted will be considered unless such modifications are received prior to the hour set for opening. 6. BID BONDS, CONTRACT BONDS, AND INSURANCE: Attention of bidders is called to Act 82 of the 1935 Acts of the Arkansas General Assembly, which requires that all bid bonds, performance bonds, labor bonds, employer's liability insurance, public liability insurance, workmen's collective insurance, and property damage insurance must be secured through resident agents of Arkansas. 7. CLARIFICATION OF CONTRACT DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans, Specifications, or other proposed Contract Documents, he may submit to the Engineer a written request for any interpretation thereof. The person submitting the request will be responsible for its prompt deliver_'. Any interpretation of the proposed Documents will be made only by an Addendum duly issued, and a copy of such Addendum will be mailed to each person who has previously secured or who subsequently secures a set of Documents. The Contracting Authority will not be responsible for any other explanations or interpretations of the proposed Documents. 8. EXECUTION OF CONTRACT DOCUN NTS: Following the award and within ten (10) days, provided for in the Proposal, the successful bidder shall properly execute five (5) counterparts of the Contract Documents. 9. BASIS OF AWARD: Bids will be considered on the basis of the total bid price or prices given in the Proposal. In the event Unit Prices are required they will not be considered except that evidence of serious unbalancing of the Unit Prices shall be considered cause for rejection of bids. The Contract(s) will be awarded to the bidder (or bidders in the case of more than one Schedule of Work) submitting the lowest and best bid (or combination of bids) , considering the contractor's experience and ability to do the work, and the character and quality of the equipment he proposes to furnish. The Contracting Authority reserves the right to select such bids or combination of bids which in its opinion would serve its interest best. The Contracting Authority reserves the right to select between any Alternatives in the Proposal. 14 • 10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS: If this contract is less than $ 20,000.00 the following exception applies: The Contract or is not required to be licensed under the terms of Act 150 or the 1965 Acts of the General Assembly. 11. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 70 consecutive calendar days thereafter. Liquidated damages shall be at $100 .00 per day. 12. NOTICE OF SPECIAL CONDITIONS: Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. (d) Special equipment which the Contractor must use on the job. 13. SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed under this contract, the Contractor shall: 1. Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596) , and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36, No. 75, Saturday, April 17, 1971. 2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 3. Maintain at his office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctors care of persons (including employees) , who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for the removal of injured persons to a hospital or a doctors care. 15 GENERAL CONDITIONS OF THE SPECIFICATIONS 1. GENERAL DESCRIPTION: The work embraced in these Contract Documents consists of the following: Replacement of water lines on the following streets : Company, Ed Edwards Rd. , Dead Horse Mtn. Road, Gregg Ave. and Sutton Street 2. DEFINITION OF TERMS: Wherever in these Documents the following terms are used, they are understood to have the following meanings: "OWNER" or "CONTRACTING AUTHORITY" shall mean the City of Fayetteville, Arkansas. "ENGINEERS" or "ENGINEER" shall mean the City Engineer, Fayetteville, Arkansas, City Administration Building, ll 3 West Mountain Street Fayetteville, Arkansas , 72701 "CONTRACTOR" shall mean the individual, partnership, or corporation that may have entered into the contract with the Contracting Authority to perform the work specified herein. "WORzC" shall mean the furnishing of all necessary tools, labor, equipment, materials, and supplies required to be furnished by the Contractor under these Specifications. 3. LAWS AND REGULATIONS: All work shall be done in conformity with the laws of the State of Arkansas, and any subdivision thereof, municipal and local laws and ordinances, and all applicable federal statutes, laws or regulations. No convict labor shall be employed on this project. 4. CONTRACT DOCUMENTS: The "Advertisement for Bids", the "Proposal", the "Bond" the "Instructions to Bidders", the "General Conditions", the "Detailed Specifications", and the "Plans", are each and all of the Specifications component parts to the agreements governing the work to be done and the materials and equipment to be furnished. 16 The Contract Documents are complimentary, and what is called for by one shall be as binding as if called for by all. The intention of the Documents is to include all tools, labor, equipment, materials and supplies necessary for the proper execution of the work. Materials or work described in words which so applied have a well-known Technical or Trade meaning shall be held to refer to such recognized meaning. The following copies of the executed Contract Documents will be provided: One for the Contracting Authority, One for the successful Bidder, One for the Engineer, One for the Surety, One for filing with the Circuit Clerk in the County where the Work is to be performed. 5. SUBCONTRACTS: The Contractor shall, as soon as practicable after the signing of the Contract, submit to the Engineer, in writing, the names of any Sub- contractors he proposes for any part of the work. The Engineer's approval must be secured, in writing, on all Sub- contracts before they are made and signed. The Contractor shall be held fully responsible to the Contracting Authority and the Engineer for the acts and omissions of his Subcontractors and of the persons directly or indirectly employed by his Subcontractors. Nothing contained in these Specifications or in the Contract • Documents shall create any contractual relation between any Subcontractor and the Contracting Authority. 6. THE CONTRACTOR: It is understood and agreed that the Contractor has satisfied him- self as to the nature and location of the work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent, or employee of the Contracting Authority or Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 17 7. THE ENGINEER: The Contracting Authority contemplates and the Contractor shall permit and make possible a thorough inspection by the Engineer of all work and materials furnished under the Contract Documents. The Contractor shall perform the work to the satisfaction of the Engineer. No work shall be performed by the Contractor without the knowledge and approval of the Engineer. The Contractor shall be an "independent contractor" with full power and authority to select the means, methods and manner of performing the work, being responsible to the Contracting Authority for all materials delivered and the results contracted for. The authority of any represen- tative of the Contracting Authority of the Engineer is limited to such determinations concerning the interpretation and performance of the Contract Documents. The failure of any representative of the Contracting Authority or of the Engineer to condemn or reject work or materials, or otherwise to exercise any function entrusted to him, shall not excuse the Contractor from the faithful performance of this Contract, nor shall such action imply any acceptance by the Contracting Authority or by the Engineer of faulty work or materials. The Engineer shall, within a reasonable time after presentation, make decisions in writing on claims arising between the Contracting Authority and the Contractor and shall make interpretations of plans and specifications. 8. BOND: Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the amount of one hundred (100) percent of the contract sum, guaranteeing the faithful performance of all covenants, stipulations, and agreements of the Contract, the payment of all bills and obligations arising from the execution and performance of the Contract, and guaranteeing the work against faulty workmanship and materils during construction and for one year after completion, all provisions of the bond to be complete and in full accordance with the statutory require- ments. The bond shall be executed with the proper Sureties through a company -licensed and qualified to operate in the State and approved by the Con- tracting Authority. If at any time during the continuance of the Contract, the Surety on the Contractor's bond becomes irresponsible, the Contracting Authority shall have the right to require additional sufficient Sureties which the Contractor shall furnish to the satisfaction of the Contracting Authority within ten (10) days after the notice to do so. In default, thereof, the Contract may be suspended, and all payments or money due the Contractor withheld. The bond must be filed with the Circuit Clerk of the County in which the work is to be performed before any work under the Contract is performed. A form of this bond is attached hereto and made a part of these Specifications. 13 9. INSURANCE: The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and other employee benefits and from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of operations or the work, whether such operations be by himself or by any subcontractor or any- one directly or indirectly employed by either of them. The insurance shall be written in companies authorized to do and doing business in Arkansas and for not less than the following limits: Comprehensive General Public Liability with bodily injury limits of $ 100,000 and $ 300,000 and property damage limits of $ 50,000; Comprehensive Automobile Liability (owned, hired and non-owned Vehicles) with bodily injury limits of $ 100,000 and $ 300,000 and property damage limit of $ 50,000 for each accident; Standard Workmen's Compensation and Employer's Liability covering with statutory.limits; Contractual liability insurance with bodily injury limits of $ 100,000 and $ 300,000 and property damage limits of $ 50,000. Certificates of such insurance shall be filed with the Engineer before work commences under any contract or subcontract. 10. ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights, and shall save the Contracting authority from loss on account thereof. 11. INSPECTION: The detailed manner and method of performing the work shall be under the direction and control of the Contractor, but all work done shall at all times be subject to the inspection of the Engineer or his authorized representative to see that it is done in accordance with the Contract Documents. Inspectors may be appointed by the Engineer or Contracting Authority and their duty shall be to guard the Contracting Authority against defects and deficiencies in the work and to see that the work is done in accordance with the Contract Documents. Inspectors shall have authority, subject to the final decision of the Engineer, to condemn and reject any defective work and to suspend the work .when it is not being done properly, but the responsibility for the work and compliance with the Contract Documents and all applicable laws, rules and regulations shall be the Contractor's. Inspectors shall have no authority to permit any deviation from the Plans and Specifications except on written order from the Engineer, and the Contractor will be liable for any deviation except on such written order. 19 • • The inspector shall in no case act as foreman or perform other duties for the Contractor, nor interfere with the management of the work by the latter. Any advice which the inspector may give the Contractor shall in no wise be construed as binding to the Engineer in any way or releasing the Contractor from fulfilling all the terms of the Contract. All condemned work shall be promptly taken out and replaced by satisfactory work. Should the Contractor fail or refuse to comply with instructions in this respect, the Contracting Authority may, upon certifi- cation by the Engineer, withhold payment or proceed to terminate the contract as provided herein. Any defective work may be rejected by the Engineer at any time before final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. 12. WORKMANSHIP AND SUPERINTENDENCE: The Contractor shall keep on this work, during progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the service of all workmen, mechanics, tradesmen, and other employees necessary in the execution of the work contemplated herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who is disorderly, intemperate, or in- competent, or who neglects or refuses to perform his work in a satisfactory manner, shall be promptly discharged. It is particularly called to the Contractor's attention that only first-class workmanship will be acceptable. 13. POSITION, GRADIENT, AND ALIG_N.IENT: The Engineer shall set such stakes to proper line and grade as may be necessary for guidance of the Contractor in the proper performance of the work, and all work must conform closely to the lines and grades given. It shall be the duty of the Contractor and his employees to call the Engineer's attention to any stakes which may have been disturbed or which seem to be off line or grade. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless desruction, he shall be charged with the resulting expense and shall be responsible for any mis- takes that may be caused by their unnecessary disturbance or loss. 14. PROTECTION OF WORK, PROPERTY, AND PERSONS AND CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: The Contractor shall adequately protect the work, the Contracting Authority's property, adjacent property and the public from injury, damage or loss arising in connection with the contract or the work. 20 The Contractor shall provide and maintain all passageways, guard fences, lights or other facilities for safety and protection required by any public authority or local conditions. The Contractor assumes entire responsibility and liability for any third party claims and actions based upon or arising out of injuries, including death to persons or damage to or destruction of property, sus- tained or alleged to have been sustained in connection with or to have arisen out of or incidental to the performance of this contract by the Contractor, his agents and employees and his subcontractor, their agents and employees, regardless of whether such claims or actions are founded in whole or in part upon alleged negligence of the Contracting Authority, Contracting Authority's representatives or the Engineer, or the employees, agents or licensees thereof. The Contractor shall indemnify and hold harmless the Contracting Authority and its representatives and the Engineer and his representatives in respect to any such matters. 15. LEGAL RESTRICTIONS AND PERMITS: The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature, and shall give due and adecuate notices to those in control of all properties which may be affected by his operations. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities will be provided by the Contractsn Authority unless otherwise specified. The Contractor must obtain per- mission from the Contracting Authority or other proper authority before blockading any roads or highways, and shall furnish all necessary barricades and detour signs. The Contractor shall give all notices and comply witn ail laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn or specified. 16. ASSIGNMENTS: No assignment by the Contractor of the contract, or any part there- of, or of the funds to be received thereunder by the Contractor, will be recognized unless such assignment has had the written approval of the Con- tracting Authority, and the Surety has been gi-'en due notice of the assign- ment in writing. No assignment, transfer, or subletting, even though consented to, shall relieve the Contractor of his liabilities under this Contract. Should any Assignee fail to perform the work undertaken by him in a satisfactory manner, the Contracting Authority may, at its option, annul and terminate Assignee's contract. 17. OTEER CONTRACTS: The Contracting Authority reserves the right to let other contracts in connection with this work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. 21 Whatever work being done by the Contracting Authority's forces or by any other Contractor is contiguous to work covered by this Contract, the respective rights of the various interest involved shall be established by the Engineer, in order to secure the completion of the various portions of the work in general harmony. 18. SUSPENSION OF WORK: The Contracting Authority may at any time suspend the work or any part thereof by giving ten (10) day's notice to the Contractor in writing; the work shall be resumed by the Contractor ten (10) days after the date fixed in a written notice from the Contracting Authority to the Contractor to do so. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Contracting Authority does not give notice in writing to the Contractor to resume work at a date within twenty (20) days of the date fixed in the written notice to suspend, except in the case of litigation, then the Contractor may abandon that portion of the work so suspended, and he will be entitled to the estimates and payments for all work done on the portions so abandoned, if any. 19. THE CONTRACTING AUTHORITY'S RIGHT TO DO WORK: If the Contractor should neglect to presecute the work properly or fail to perform any provision of this Contract, the Contracting Authority after three (3) day's written notice to the Contractor may without prejudice to any other remedy it may have, make good such deficiencies, and may de- duct the cost thereof from payments then or thereafter due the Contractor. 20. THE CONTRACTING AUTHORITY'S RIGHT TO TERI.'I: AT E CONTRACT: If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should refuse or should fail, except in case for which extension of time is provided to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to Subcontractors or for material or labor, or -desregard laws, ordinances, or the instructions of the Engineer, or other- wise be guilty of a substantial violation of any provision of the Contract, then the Contracting Authority, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor ten (10) day's written notice, terminate the employment of the Contractor as provided under Paragraph 21, immediately following. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expenses shall exceed such unpaid balance, the Contractor shall pay the difference to the Contracting Authority. The expense incurred by the Contracting Authority as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 22 Pending settlement of disputes on any point of controversy, the Engineer may suspend action on all or any part of the work. The Contractor shall not be entitled to any claim for loss or damage by reason of such delay, nor shall he be entitled to extension of time, although such extension of time may be granted by the Engineer if he deems it in the interest of the work. 21. TERMINATION FOR BREACH: In the event that any of the provisions of this Contract are violated by the Contractor or by any of his Subcontractors, the Contracting Authority may serve written notice upon the Contractor and the Surety of its intention to terminate such Contract, such notices to contain the reasons for such intentions to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor such violation shall cease and satisfactory arrangements for correction by made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Contracting Authority shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to such Surety of notice of termination, the Contracting Authority may take over the work and prosecute the same.:to completion by contract for the account and at the expense of the Contractor, and the Contractor and his Surety shall be liable to the Contracting Authority for any excess cost occasioned the Contracting Authority thereby, and in such event the Contracting Authority may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefor. 22. PAYMENTS WITHHELD: The Contracting Authority may withhold or, on accout of subsequently discovered evidence, nullify the whole or part of any certificate to such extent as may be necessary to protect the Contract- ing Authority from loss on account of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating cbable filing of claims, (c) Failure of the Contractor to make payments properly to Subcontractor or for material or labor, (d) Damage to another Contractor, (e) Incomplete work When the above grounds are removed, payment shall be made for amounts withheld because of them. 23. DELAYS AND EXTENSIONS OF TINE: If, at any time, the Contractor considers he is being delayed by an act or neglect of the Contracting Authority or its employees, or by any other Contractor employed by the Contracting Authority, or by any changes or additions ordered in the work, or for any reason beyond his control, 23 he shall within ten (10) days from the beginning of such delay notify the Engineer in writing of the causes of any such delay. Extensions of time, with relief from responsibility for liquidated damages incurred by the Contracting Authority on account of such delay, will be granted the Contractor, when, in the opinion of the Engineer, the causes so called to his attention warrant such extensions of time. No claims for delay will be considered unless such notice has been filed with the Engineer within the time specified above. The Contractor will be required to furnish the Engineer two copies of each purchase order for materials and equipment as they are issued. If . the Contractor shall seek an extension of time because of delay in receiving delivery of critical materials, such extension of time may be granted when, in the opinion of the Engineer, the extension is warranted and the delay is in no way caused by the Contractor's financial status or by any act or failure to act on the part of the Contractor. Failure to get items of material or equipment not essential to the completion of those portions of the work, which, in the opinion of the Engineer requires supervision by an Engineer, shall not be deemed justification for waiver of liquidated damages, however, even though such delays are beyond the Contractor's control, and even though such items of 'material or equipment may be essential to the actual placing in operation of a portion of all of the project. When such items of materials or equipment are delayed for reasons beyond the Contractor's control, he shall complete all other work within the specified construction period. Extensions of time, without relief from responsibility for liqui- dated damages incurred by the Contracting Authority on account of delays, may be granted the Contractor on account of his failure to complete the work within the time specified. 24. ADDITIONAL, OMITTED, OR CHANCED WORK: The Contracting Authority, without invalidating the Contract may order additional work to be done in connection with the Contract or may alter or deduct from the work, the Contract sum to be adjusted accordingly. Additional work shall be done as ordered in writing by the Engineer, -which order shall state the location, character, and amount of extra work. All such work shall be executed under the conditions of the original contract and subject to the same inspection and tests as though therein included. Compensation for additional, omitted, or changed work shall be adjusted as follows: Any chances in quantities of work for which unit prices are required in the Proposal shall be at and for the price bid. Work for which prices are not required shall be paid for or deducted, as the case may be, upon the basis of an estimate prepared by the Contractor and approved by the Engineer, prior to the written order changing the quantity of work. If the Contractor claims compensation for additional work not ordered as aforesaid, or for claims of damages sustained, he shall make a written statement of claims for compensation or damages to the Engineer, 24 which statement shall be in the hands of the Engineer within such time as will allow a full consideration of the basis for such claim, and in no case later than fifteen (15) days after the work has been completed or damages sustained. The Contractor shall furnish, if required, any accounts, bills, or vouchers relating thereto. Unless such claims are made as re- ruired, they shall be considered forfeited and invalid. The Contracting Authority reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages for anticipated profits on any portion of the work to be omitted. 25. ARBITRATION: (a) Demand for Arbitration. Any decision of the Engineer which is subject to arbitration shall be submitted to arbitration upon the demand of either party to the dispute. The Contractor shall not cause a delay of the work because of the pendency of arbitration proceedings, except with the written permission of the Engineer, and then only until the arbitrators shall have any oppor- tunity to determine whether or not the work shall continue until they decide the matters in dispute. The demand for arbitration shall be delivered in writing to the Engineer and the adverse party, either personally or by registered mail to the last known address of each, within ten (10) days of the receist of the Engineer's decision, and in no case after final payment has been accented. If the Engineer fails to make a decision within a reasonable Lime, a demand for arbitration may be made as if his decision had been rendered against the demanding party. (b) Arbitrators. No one shall be nominated or act as an arbitra- tor who is in any way financially interested in this Contract or in the business affairs of the Contracting Authority, or the Contractor, or the Engineer, or otherwise connected with any of them. Each Arbitrator shall be a person in general familiar with the work or the problem involved in the dispute submitted to arbitration. Unless otherwise provided by controlling statutes, the parties may agree upon one arbitrator; otherwise there shall be three, one named in writing by each party to this Contract, to the other party, and the third chosen by those two arbitrators. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding in respect to both the matter submitted to and the procedure followed during the arbitration. Such decision shall be a condition precedent to any right of legal action. (c) Arbitration Procedure. The arbitrators shall deliver a written notice to each of the parties and to the Engineer, either personally or by registered mail to the last known address of each, of the time and place for the beginning of the hearing of the matters submitted to them. 25 Each party may submit to the arbitrators such evidence and arguments as he may desire and the arbitrators may consider pertinent. The arbitrators shall, however, be the judges of all matters of law and fact relating to both the subject matters of and the procedure during arbitration and shall not be bound by technical rules of law or procedure. They may hear evidence in whatever form they desire. The parties may be represented before them by such persons as each may select, subject to the discipli- nary power of the arbitrators if such representative shall interfere with the orderly or speedy conduct of the proceedings. Each party, and the Engineer, shall supply the arbitrators with such papers and information as they demand, or with any witness whose move- ments are subject to their respective control, and upon refusal or neglect to comply with such demands, the arbitrator may render their decision without the evidence which might have been solicited therefrom, and the absence of such evidence shall afford no ground for challenge of the award by the party refusing or neglecting to comply with such demand. The submission to arbitration (the statement of the matters in dispute between the parties to be passed upon by the arbitrators) shall be writing duly acknowledged before a notary. Unless waived in writing by both parties to the arbitration, the arbitrators, before hearing testimony, shall be sworn by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding. The arbitrators, if they deem the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall consider proper for the time, expense, and trouble incident to the arbitration, and if the arbitration was demanded without reasonable cause, damages for delay, and other losses. The award of the arbitrators shall be in writing and acknowledged like a deed to be recorded, and a duplicate shall be delivered personally or by registered mail forthwith upon its rendition, to each of the parties to the controversy and to the Engineer. Judgement may be rendered upon the award by the Federal Court or by the highest State Court having juris- diction to render same. The award of the arbitrators shall not be open to objection on account of the form of the proceedings or the award, unless otherwise provided by the controlling statutes. In the event of such statutes pro- viding on any matter covered by this Article otherwise than as herein- before specified, the method of procedure throughout and the legal effect of the award shall be wholly in accord with said statutes, it being the intention hereby to lay down a principle of action to be followed, leaving its local application to be adapted to the legal requirements of the jurisdiction having authority over the arbitration. The Engineer shall not be deemed a party to the dispute. He is given the right to appear before the arbitrators to explain the basis of his decision and give evidence as they may require. 26. REFERENCE TO MANUFACTURER OR TRADE NAMES: Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc. , it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Engineers' written approval. 27. USE OF COMPLETED PORTIONS: The Contracting Authority shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work on such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use of completed portions increases the cost of, or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. The Contracting Authority, in taking possession of completed portions, shall agree to accept the decision of the Engineer, on matters relating to responsibility for damages that may occur to any portion of the work during the period of possession preceding acceptance and final payment. 28. ACCEPTANCE AND FINAL PAYMENT: As soon as the work has been substantially and satisfactorily completed, the Engineer will make a final estimate stating that the work provided for under this Contract has been completed and is accepted by • him under the terms and conditions thereof, with qualifications, if any, as stated. If certain parts of the work are not completed or if certain corrections must be made in the work even though the work is substantially completed, the Engineer is authorized to determine the amount which in his opinion is required for completion and/or correction of the work, and such amount may be withheld from the final payment to the Contractor, pending the completion and correction as required. The balance found to be due the Contractor shall be paid by the Contracting authority within forty (40) days after the date of the final estimate. Prior to filing for final estimates, the Contractor shall file with the Engineer a receipt in full from each manufacturer, subcontractor, dealer and supplier for all equipment and material used on the work and a complete release of all liens which may have arisen from this Contract. In lieu thereof, the Contradtor shall file statements showing balance due or claimed on all accounts and the Contracting Authority shall have the right, if it so elects, to withhold sufficient money to pay such balances until receipts in full or satisfactory evidence of final determination are filed with the Engineer who may then make the final estimate. 27 • The making and acceptance of the final payment shall constitute a waiver of all claims by the Contracting Authority, other than those arising from incomplete or uncorrected work, unsettled liens, or from faulty workmanship or materials, and of all claims by the Contractor, except those previously made and still unsettled. If the work has been partially but substantially completed to the extent that all adjustments in the Contract sum may be made, the Engineer may, if material delay in completion is anticipated or if otherwise deemed in the interest of the work, make the final estimate, retaining, in addition to other requirements which may be specified under payments, an amount representing the cost of unfinished work. Such payment shall be under the terms and conditions governing final payment. Neither the making of the final estimate, or final payment, shall relieve the Contractor of his responsibility for faulty materials or workmanship, and he shall remedy any defects and pay for any damage resulting therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner shall give notice of observed defects with reasonable promptness, and all questions arising under this paragraph shall be decided by the Engineer. 29. PAYMENTS TO CONTRACTOR: The Engineer will on or about the Twentieth (20th) day of each month make an estimate of the work done. As soon thereafter as possible, and as soon as the Contractor has filed receipted bills showing that he has paid the previous month's bills, the Contractor will be paid seventy (70) percent of the value of work in place, plus ten (10) percent for that portion of the work accepted for beneficial occupancy, plus (20) percent of the value of work that has been properly cleaned up, plus fifty (50) percent of the value of the materials on the job site but not in place (figured from the Contractors Paid invoices) , minus amounts previously paid. A final estimate will be made following the final inspection as provided under paragraph 28, after which time and within a period of forty (40) days, the Contractor will be paid the full amount of the contract price, less amounts previously paid. Payment will be made only for the actual quantities installed. The Contracting Authority may withhold or, on account of sub- sequently discovered evidence, nullify the whole or part of any certificates to such extent as may be necessary to protect the Contracting Authority from loss on account of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, . (c) Failure of the Contractor to make payments properly to Sub- contractor or for material or labor, (d) Damage to another Contractor, (e) Incomplete work. When the above grounds are removed, payment shall be made for amounts withheld because of them. 30. SHOP AND ERECTION DRAWINGS: The Contractor shall furnish the Engineer with triplicate copies of all shop and erection drawings for approval. These drawings shall include the drawings prepared on structural and reinforcing steel, special layout drawings of equipment or machinery purchased under this Contract, and other supplementary drawings required in the prosecution of the work. One copy shall be returned to the Contractor and two copies retained by the Engineer for field and office reference. The approval of such drawings by the Engineer does not constitute an acceptance of responsibility of their accuracy. 31. LABORATORY TESTS: All material entering into the work is subject to various tests as may be required by the specifications. The cost of all such tests shall be the responsibility of the Contractor furnishing such material. The Contractor shall also bear the cost of any tests arising out of his desire to use materials which may be questionable in the opinion of the Engineer. 32. DRINKING WATER AND SANITARY FACILITIES: The Contractor shall provide safe drinking water for his workmen during the construction period. The water shall be delivered through a spigot, angle jet fountain, or other approved device. Common drinking cups will be prohibited. The Contractor shall furnish adequate sanitary facilities for workmen in the work area during the construction period. 33. CONSTRUCTION SAFETY: Throughout these specifications, whenever engineering decisions are to be made to ensure adequate construction in accordance with the plans and specifications, such inspection and engineering decisions are not to be construed as supervision of the Contractors' work force, nor make the Engineer responsible for providing a safe place for the performance of the work by the Contractor or the Contractors ' employees or those of the suppliers, his subcontractors, nor for access, visits, use, work, travel, or occupance by any person, as these responsi- bilities are covered under the provisions of the contract, the Contractors insurance and performance bond and cannot be the responsi- bility of the Engineer. The above provision does not prevent the Engineer or his 29 • personnel from requiring reasonable safety standards, if, in the course of their technical supervision, it comes to the attention of the Engineer that reasonable safety standards are not being carried out. 30 DETAILED SPECIFICATIONS PART I - CONTRACT STIPULATIONS I-1 SPECIFICATIONS: These detailed specifications are drawn with the object of securing first class workmanship and materials throughout the work embraced in this contract, and of securing completed structures properly and well constructed • with regard to all local conditions . Both the Construction Specifications and the Material Specifications are Standard Specification and are subject to modification in this section or on the Plans. Where notes on the Plans are in direct conflict with the Standard Specifications, the notes on the Plans shall govern. The following are exceptions to the Standard Specifications: (1) Rock will not be paid for separately on this job. Any anticipated rock excavation shall be in the Unit Prices given in the proposal . (2) The cost of all concrete shall be included in the appropriate unit price for pipe or encasement and none shall be paid for separately. I-2 EXTENT OF WORK: It is mutually agreed and understood that the contractor will furnish all tools , labor, equipment, materials, and supplies required to be furnished, and will construct complete all work shown on the Plans and in these Specifications. The Work consists of: Replacing water lines as indicated on the Plans and Specifications . Furnish all labor and materials required to be furnished to construct the waterlines, encasements , and valve installations as shown on the Plans . I-3 LIST OF PLANS: The Plans are bound separate from the specifications and are generally titled Company Street, Ed Edwards Road, Dead Horse Mtn. Road, Gregg Avenue and Sutton Street. DESCRIPTION SHEET NO. Vicinity Map & Index 1 Plans 2-6 31 I-4 LANDS AND RIGHTS-OF-WAY: The Owner will provide all permanent easements or permits actually required for the construction of the work in all Schedules . The Contractor shall lease, buy, or make satisfactory provisions, without obligation to the Owner, for all other temporary land easements or rights-of-way which he may require for access or storage of materials or equipment. 32 DETAILED SPECIFICATIONS PART II - CONSTRUCTION SPECIFICATIONS II-1 PLANNING AND EXECUTION OF THE WORK: The construction work included under these specifications shall be so planned and executed that the various portions of the work will be carried on concurrently and the whole completed within the time allowed. Water main connections requiring shut-down of water service to users shall be coordinated through the City Engineer. II-2 EXCAVATION - GENERAL: All excavation shall be carried accurately to the line and grade shown on the Plans and established by the Engineer. When excavation is carried below or beyond that required, the space shall be filled for compacted SB-2. No claim for additional compensation shall be made for such backfilling of excess excavation unless the Contracting Authority or its agent is responsible for the error. When necessary to protect the laborers, the work, or adjacent property, the Contractor shall provide and install shoring. Such shoring shall remain in place until the backfill has proceeded to a point where it can be safely removed, except that, if in the opinion of the City Engineer damage is liable to result from withdrawing shoring, it shall remain in place. II-3 EXCAVATION - TRENCHES FOR WATER MAINS: Trenches for water lines shall be the width and depth necessary for the proper installation of the pipe. All pipe lines shall be laid in trenches of such depth as to provide a minimum cover of thirty-six inches over the top of pipe barrel unless otherwise shown on the Plans. Contractor shall increase depth as necessary for crossing other pipe lines and to provide required cover for valves and valve boxes . Trench will be deepened to the extent necessary so as not to exceed the maximum permissible deflection of the pipe being installed, with maximum permissible deflection being as recommended by the pipe manufacturer. Width of pipe trench for all water lines shall be adequate for the installation of the pipe and make-up joints, but in no case shall the width of the trench at the top of the pipe be wider than the outside diameter of the pipe plus two (2) feet. The bottom of the trench shall be accurately graded so that the pipe will be in continuous and uniform contact with and have a longitudinal bearing on undisturbed soil for the full length of the pipe, except for such distance as necessary for adequate bell holes and proper sealing of the pipe joints. DS-3 If the soil at the bottom of the trench is mucky or if the subgrade is too soft to properly support the pipe, the Contractor shall excavate below the lower extremity of the pipe as directed by the Engineer, and place a cushion of sand, gravel , or crushed stone thoroughly tamped into place to receive the pipe. Material used for this purpose shall be SB-2. II-4 EXCAVATION - ROCK IN TRENCHES: Rock excavation shall be defined as solid rock in formation which cannot be excavated efficiently by adequate power shovels or excavators of recognized standard manufacture in good condition and adequate size, well handled by skilled operators; and boulders or pieces of detached rock, which may be embedded in materials not classed as rock, exceeding ten (1) cubic feet in volume. The term "excavated efficiently" as used in this Specification shall mean that where formation rock can be excavated at a lower cost per cubic yard of useful excavation by blasting, barring, or wedging, it shall be so excavated and will be classified as rock. .. The Contractor's attention is called to the fact that a shale formation exists in Fayetteville that generally can be dug and, therefore this material will not be classified as rock except where it cannot be efficiently excavated as defined above. The volume of rock excavation shall be determined by the horizontal measurement of length of trench in which rock occurs, the vertical measurement of depth of rock and a width of "D" . "D" shall be the nominal diameter of the pipe plus 15 inches, but not less than 24 inches. II-5 EXCAVATION - CLASSIFICATION, MEASUREMENT AND PAYMENT: All excavation not classed as rock shall be classed as common excavation. The volumes of rock excavation shall be determined per Section II-4 of these Specifications. Rock excavation shall be paid for at the unit contract price given in the Proposal . The cost of all common excavation in trenches for water mains shall be included in the contract unit price for pipe and shall not be paid for separately. All rock excavation in trenches for water mains shall be measured and paid for as rock excavation. II-6 BLASTING: Blasting will be permitted only when proper precautions are taken for the protection of persons, the work, and adjacent property; and any damage done to the work or property by blasting shall be repaired by the Contractor at the Contractor's expense. DS-4 All operations involving the procurement, handling, use, and storage of explosives shall be in full compliance with applicable State and Federal statutes and regulations. Blasting will be done only after securing written permission from the City Engineer's office. The Contractor shall be liable for all injuries or deaths to persons or damage to property caused by blasts or explosions . The attention of the Contractor is called to Section 9 of the General Conditions of the Specifications entitled "Insurance". The cost of all work under this Section shall be included in the Contract unit price for rock excavation and will not be paid for separately. II-7 BACKFILLING: All trenches shall be backfilled .immediately after the pipe is laid using methods that will not disturb the pipe. Material used for backfilling shall consist of the excavation or borrow of sand, gravel , or other material approved by the Engineer, and shall be free of trash, lumber and other debris. After the pipework has been approved, trenches shall be backfilled with fine, loose earth free from clods or stones larger than three (3) inches in any dimension, and of proper moisture content. This selected material shall be carefully deposited by hand in layers not to exceed four (4) inches in thickness on both sides of the pipe and thoroughly and carefully rammed around the pipe until the backfill has been brought up to the springline of the pipe. The back- fill shall then continue without tamping but with same material , placed by hand, to a point at least twelve (12) inches above the top of the pipe. If the excavation is not suitable for this purpose, as determined by the Engineer, then SB-2 shall be used for this operation. The remainder of the backfill may then be backfilled by any approved method which will not injure or disturb the pipe. Trenches outside the public right-of-way will be neatly graded up and left slightly "over-full " so that subsequent settlement will leave the route level with the surrounding terrain. Trench on public property shall be filled and refilled as necessary to provide a smooth, well-graded appearance. All backfill shall be settled and consolidated until further settlement will not occur. It is the intent of this Specification that the Contractor shall be responsible for settlement of backfill in all work covered herein. He shall refill trenches as often as necessary to bring them back to original grade, and during that period settlement is occuring shall refill them often enough to avoid hazardous conditions or inconvenience. All excavated material which is unsuitable, or not needed for backfill shall be wasted or disposed of to the satisfaction of the Engineer. Surfaces shall be cleaned up, all hummocks and piles smoothed down and the surface left neat and workmanlike. Where existing drainage ditches are disturbed or obstructed with excavated material , such material shall be entirely removed and the ditch left true to original line and grade. Street shoulders shall be restored to their original contours. DS-5 All roadways and driveways shall be backfilled with SB-2 up to the road surface. The roadway and driveway surface shall then be replaced as called for elsewhere in these Specifications. The attention of the Contractor is called to a separate Section in these specifications concerning crossing lawns. SB-2 shall be measured and paid for as subgrade material at the unit contract price given in the proposal . The cost of all other work described in this section shall be included in the unit contract price for the installation of pipe and shall not be paid for separately. Water for flooding trenches shall be furnished free of charge by the City of Fayetteville. II-8 HANDLING AND LAYING OF WATER PIPE: In the transportation, unloading, and handling of water pipe, the pipe shall not be dropped, let roll and collide with another pipe, or be subjected to any unnecessary jar, impact, or other treatment that might crack or otherwise damage the pipe. Before laying pipe in trench, the bottom of the trench shall be carefully graded and prepared and bell holes excavated so the pipe shall have a uniform support along its entire length, except at bell holes , and shall not be allowed to rest on hard supports through a portion of its length only. All pipe shall have at least 36 inches of cover, unless otherwise shown on the Plans. Deflections from a straight line or grade, as required by vertical curves, horizontal curves, or offsets, shall not exceed 6/D inches per linear foot of pipe, where D represents the nominal diameter of the pipe expressed in inches , between the centerlines extended between any two connecting pipes. If the alignment requires deflections in excess of these limitations , special bends, or a sufficient number of shorter lengths of pipe shall be furnished to provide angular deflections within the limit set forth above, as approved by the Engineer. The inside of the pipe and all parts involved in jointing shall be cleaned of all dirt, mud, grease, and other foreign material before the pipe is laid or the joint started. Ends of pipe shall be temporarily plugged at the close of each day's work. In laying mechanical joint or 'push-on' joint pipe, the manufacturer's recommendations for securing good joints shall be rigidly followed. The laying of the pipe shall be done in accordance with applicable AWWA Standards. DS-6 Adequate backing blocks of Class "B" concrete shall be provided at all points of unbalanced pressure, such as bends, tees, or wyes as shown on the Plans in such a manner that all joints between pipe and fittings aee accessible for repair. Pipe shall be measured and paid for as pipe for water mains at the appropriate unit contract price given in the Proposal . Class 'B' Concrete shall be measured as the actual amount placed and paid for at the unit contract price as given in the Proposal . The cost of all other work required under this section shall be considered subsidiary to the laying of pipe or the placement of concrete and shall be included inthe appropriate unit price. II-9 CROSSING AND PARALLELING EXISTING UTILITY LINES: The construction of water lines will necessitate the crossing and paralleling of existing utility lines, including water mains and services and natural gas mains and services. The known locations of such utility mains are shown in their approximate position on the Plans, but utility service lines are not indicated on the Plans. The owners of the utility lines shall be notified before any crossing is made or other work initiated that may disturb a utility line or interrupt service to a customer. The Contractor is referred to that section of the General Conditions of these Specifications where the Contractor's responsibilities for utility crossings is stated. The cost of all work under this section will be included in appropriate contract unit prices , and none will be paid for separately. II-10 CROSSING BURIED TELEPHONE CABLE: The location of buried telephone cable is shown approximately on the Plans as determined from telephone company markers indicating the location of the cable. The Contractor will exercise extreme caution in approaching the location of buried cable. Contractor shall notify the Southwestern Bell Telephone Company (Dial 4102 in Fayetteville) and wait until a representative of the telephone company is on the job site to locate buried cables. The Contractor will not attempt to locate or uncover cable without a representative of the telephone company present. The cost of all work under this Section will be included in appropriate contract unit prices, and none will be paid for separately. DS-7 II-11 CUTTING AND REPLACING SPECIAL SURFACES: Whenever it becomes necessary in excavating for trench to disturb special surfaces, such as paved or gravel streets, drives, walks, or parking areas, the original surface shall be restored after completion of the backfill operation. In these instances, special care shall be used in making the backfill to eliminate future settlement. The surface shall be restored using the same type of surfacing materials that were used in the original surfacing. Backfill of trench lying within roadways shall be in strict accordance with the applicable provisions as stated in Section II-7 of these Specifications. The condition of the backfill , with special regard to the degree of compaction, shall be checked and approved by the Engineer before any surfacing is placed over the backfill . The replacement of special surfacing shall follow as soon as practical after the completion of the backfilling operation so as to restore the roadway to its original condition and traffic capacity. If in the opinion of the Engineer the replacement of surfacing is lagging, he may, at his discretion, stop the pipe laying operation until the replacement of surfacing proceeds in a satisfactory manner. Immediately prior to replacing asphalt or concrete pavement or surfacing, a chalk line shall be made along both sides of the trench at the proper width, and the pavement trimmed, along a straight and vertical line. No claims u:ill be allowed for additional width of pavement cut and replaced occasioned by this requirement. The quanitity of asphalt and concrete pavement cut and replaced will be determined by the horizontal length of pavement actually cut and replaced measured along the centerline of the trench multiplied by a width of thirty-six (36) inches, except that where a width greater than thirty-six (36) inches is required and authorized by the Engineer, the actual width of pavement cut and replaced shall be used in determining the quantity of pavement cut and replaced. In gravel surfaced streets or parking areas, the gravel will be disturbed in excavating for sewer trench. After the backfill has been so placed that no further appreciable settlement will occur, gravel surfacing shall be replaced to the same compacted thickness as the original surfacing. During construction operations, the gravel on the remainder of the street not occupied by the trench may be disturbed and covered with dirt from the excavation. After completion of the backfill , such dirt shall be removed as completely as possible and additional gravel placed on the street as directed by the Engineer until the street is satisfactorily restored to its original condition. Gravel surfacing cut and replaced will be paid for at the appropriate contract unit price as given in the Proposal . Contract unit prices shall be inclusive of materials, placement, and all work incidental thereto. DS-8 • II-12 CROSSING LAWNS: - The following shall apply to all lines crossing lawns , as designed on the Plans. After settlement has occurred, the disturbed areas shall be dressed out with three (3) to four (4) inches of top soil . The dressed out areas shall then be seeded with the appropriate grass or grass mixture. If lawns, bushes and small trees are likely to be damaged by the work, they shall be taken up ahead of construction. They shall be properly protected until such time that they can be re-set. It is the intention of this specification that lawns be restored as closely as possible to their original condition. The cost of all work under this section shall be included in the appropriate unit price for pipe and shall not be paid for separately. II-13 TESTING AND STERILIZING WATER MAINS: Water mains shall be subject to 200 psi test as herein specified. All lines shall be backfilled and concrete backing installed at points of unbalanced pressure prior to the initiation of any pressure test. Each valved section of the pipe lines as selected by the Engineer for test shall be slowly filled with water. Before applying the test pressure for 200 psi , all air shall be expelled from the pipe by blowing-off at fire hydrants. If necessary to properly expel air prior to test, Contractor will tap lines at high points with corporation stops . Each section of pipe line to be tested shall be subjected to 200 psi test pressure, based on the elevation of the lowest point in the line or section of line under test and corrected to the elevation of the test gauge. Duration of 200 psi test shall be for at least two (2) hours in all cases. Pressure shall be applied to the line by means of a pump, pipe connections, and all other necessary apparatus for applying pressure and measuring the resultant leakage from the line under test. All such apparatus shall be furnished by the Contractor. All necessary taps will be made by City forces at the expense of the Contractor. Pressure will be measured with gauges as furnished by the Engineer. While the pipe being tested is under pressure, it shall be walked to check for leakage appearing at the surface of the ground or from any exposed valves or other appurtenances. In conjunction with the 200 psi pressure test, a leakage test shall be performed. Contractor shall provide necessary meter or pumping reservoir or other satisfactory means of determining the amount of water pumped into the line to sustain the specified test pressure of 200 psi . Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain the specified leakage test pressure of 200 psi after the air in the pipe has been expelled and the line filled with water. DS-9 Leakage shall be no more than that allowed by AWWA specifications . All pipe lines shall be checked for leaks and deficiencies, repaired, and retested if necessary until they pass the above specified leakage test for the size and type of pipe installed. Even though pipe lines may pass the leakage test, any leaks apparent at the ground's surface, any leaking joints, fittings, or appurtenances that are detected shall be repaired to the satisfaction of the Engineer. All new water line extensions will be sterilized with chlorine before being accepted by the Owner and placed into service•. Sodium or calcium hypochlorite (HTHO or chlorine gas may be used in such amounts as to provide a dosage of not less than 50 parts per million in the piping being sterilized. The sterilizing agent may be introduced in any manner so as to provide uniform distribution along the pipe line. All in-line valves in water lines being sterilized shall be opened and closed several times during the sterilizing period. Contractor will use extreme caution to be certain that strong sterilizing agent is not flushed back into any part of the water distribution in such a manner that it reaches water consumers. Following a contact period of at least 24 hours the heavily chlorinated sterilizing water shall be completely flushed from all pipes, and the pipes rinsed and thoroughly flushed with large quantities of clear water. Samples shall be taken from all water line extensions as directed by the Engineer and analyzed for bacterial purity by the State Department of Health . The sterilizing process shall be repeated as necessary until all samples indicate that the water is safe and approved by the State Department of Health. Resterilization of the water lines at the Contractor's expense shall be required if State Department of Health approval has not been received after three weeks of testing. Water for all sterilizing and testing operations will be furnished the Contractor by the Owner at no cost to the Contractor. The cost of all sterilizing and testing operations including pipe taps, sterilant, any temporary valves or caps , test pumping and equipment, and all work incidental thereto will be included in the unit contract pricEs for pipe, and no separate payment will be made for testing and sterilizing water line extensions. II-14 CROSSING FENCES: The installation of lines will necessitate crossing several fences as shown on the Plans . Fences will be repaired by the Contractor so as to be equal or better than their original condition prior to construction. Before cutting fences, adequate horizontal bracing will be installed in the fence on each side of the cut so as to maintain the tension in the fence wire. Replacement of fence shall be in a workmanlike manner, and wire shall be stretched tight and adequately secured to posts by means of 1 inch fencing staples. If necessary to accomplish proper closure, the Contractor shall furnish and install new fencing, posts, wire, etc. to properly restore the fence. Materials shall be of equal quality and size to those as originally installed. DS-10 • The Contractor shall be responsible for temporary fencing, gates, gaps, etc. , as necessary to maintain fences in a stockproof condition during the construction of the pipe line until permanent fence repairs can be accomplished. He shall take all necessary precautions and will assume full responsibility to insure that livestock does not stray or gain entry to cropped areas or to public roads. The cost of fence repairs in all Schedules will be included in the unit contract prices for pipe, and no separate payment will be made for crossing and repairing fences . II-15 INSTALLATION OF FIRE HYDRANTS: Fire hydrants shall be properly located with respect to property line and streets, and shall be set at proper elevation, truly plumbed and properly oriented. Hydrants shall be set upon a slab of stone or concrete four (4) inches thick and not less than fifteen (15) inches square. Hydrants shall be backed with Class "6".. concrete to prevent the hydrant from blowing off the lead. Hydrants shall be set with at least three (3) cubic feet of crushed stone or washed gravel at the base to serve as drainage. Fire hydrant extensions shall be used as necessary to bring fire hydrants up to grade. Fire hydrants will be measured as the unit installed, at the appropriate unit price as given in the Proposal . The cost for all other work under this Section will be included in the unit price for installation of fire hydrants and shall not be paid for separately. II-16 CONNECTION TO EXISTING WATER LINE: Connection to the existing water line shall be made at the location and in the manner shown on the Plans. When water service must be discontinued to make a tie-in, the Contractor shall notify all affected customers 24 hours in advance and estimate the time required to restore service. The cost of all work associated with tying-in shall be included in the unit price for the installation of pipe and shall not be paid for separately. II-17 INSTALLATION OF VALVES: All valves will be set with operating stems set in true vertical positions. Valve boxes shall be adjusted so that the cover conforms to the adjacent grade. All costs incidental to the installation of valves shall be included in the contract unit price for valves . DS-11 II-18 CONCRETE: All concrete shall be composed of the materials described in Paragraphs 4, 5, and 6, Part III, and shall be proportioned by weight in such manner as to obtain a plastic workable mix. All concrete shall be Class "B" as shown on the Plans. Class "B" concrete shall contain not more than seven (7) gallons of water to the sack of cement, including the water in the aggregates, and not less than five (5) sacks of cement per cubic yard of concrete, and have a twenty-eight (28) day compressive strength of at least twenty-five hundred (2500) pounds per square inch. Concrete shall be mixed in an approved mixer for not less than one and one-half (12) minutes after all materials are in the drum and shall be deposited within thirty (30) minutes after mixing. Hand-mixed concrete will not be allowed. In placing concrete, care shall be taken that the freshly placed mass is so placed and vibrated that there. is no tendency for the coarse aggregate to segregate from the mortar. All concrete shall be properly protected from too rapid curing or from freezing while green. The cost of all work in this section shall be included in the unit contract price for Class "B" Concrete and shall not be paid for separately. II-19 CLEANING UP: After the construction work is completed, all refuse and debris resulting from the work shall be cleaned up and disposed of to the satisfaction of the Engineer. All excess excavation, waste concrete, piping, lumber, other refuse shall be removed from the site of the work and the site leveled, graded, and dressed up until it is neat, smooth, and workmanlike. It shall be specifically understood that the clean up operation shall be maintained as closely as possible to the pipe laying operation. If, in the opinion of the Engineer, the clean up operation is not being maintained satisfactorily, he may interrupt the pipe laying operation until such clean up is completed to his satisfaction. The cost of all work under this section shall be included in the lump sum contract price and will not be paid for separately. II-20 CLEARING: Clearing operations will be required in the execution of various portions of the work. Clearing shall be no more than actually required for installation of the line. Uo indiscriminate destruction of trees will be tolerated. Within lawn areas, bushes and small trees will be taken up and protected until DS-12 construction is completed in the area. They shall then be re-set. No open burning will be allowed. All trees and brush will be hauled off to a disposal site approved by the Engineer. The cost of all work under this section shall be included in the appropriate unit cost for pipe and shall not be paid for separately. The Contractor, by personal inspection, should satisfy himself on the exact amount of clearing that may be required. DS13 t.Xo ,DS14) DETAILED SPECIFICATIONS PART III - MATERIAL SPECIFICATIONS III-1 GENERAL: All materials shall be in compliance with the latest revisions of the ASA or AWWA Specifications noted. The Engineer retains the right to reject any materials or items not specifically covered in the Plans or Specifications . III-2 DUCTILE IRON PIPE FOR WATER MAINS: Pipe shall be Class 51 Ductile Iron Pipe, designed and manufactured in accordance with applicable AWWA Standards. Fittings shall be designed in accordance with ASA A 21. 10-1971 /AWWA C110-71. All fittings shall be Class 250 and shall be MJ. this mechanical joint shall conform in all respects to ANSI A21. 11/AWWA C111. All pipe and fittings shall be bituminous coated outside and standard cement lining inside in accordance with AWWA C 104-74/ASA A21.4. Pipe shall have Type II (push-on) joints , except that 6" pipe for hydrant leads shall be MJ. Push-on joint and mechanical rubber gaskets shall conform to ANSI A21. 11-1972/AWWA C111-72. III-3 PVC PIPE FOR WATER MAINS: Plastic pipe shall be designed and manufactured in accordance with AWWA Specification C-900-81. All plastic pipe shall be designed for 200 psi working pressure and shall have the same outside diameter as ductile iron pipe. Plastic pipe 1/2 inch through 3 inches shall be designed and manufactured in accordance with AWWA Specification C901-78 for 200 psi working pressure. III-4 RETAINER GLANDS': Retainer glands shall be ductile iron. DS-15 III-5 CONCRETE AGGREGATES: Fine aggregate shall consist of sand or other approved inert material with similar characteristics, having hard, strong, durable particles not more than one (1) percent by weight of clay lumps or three (3) percent by width of material removed by decantation. Mortar specimens made with the fine aggregate shall have a compressive strength at twenty-eight (28) days of not less than ninety (90) percent of the strength of similar specimens made with Ottawa sand having a fineness modulus of 2.40+0. 10. Fine aggregate shall have a fineness modulus of not less than 2.40 and not more than 3.00 and the variation in modulus shall be limited to +.20 from the average of all tests. Gradation shall fall within the following requirements: TOTAL PASSING PERCENT BY WEIGHT No. 4 Sieve 95 - 100 No. 16 Sieve 35 - 75 No. 50 Sieve 10 - 25 No. 100 Sieve 2 - 8 Coarse aggregate shall consist of crushed stone, gravel , or other inert material of similar characteristics, having clean, hard, strong, durable, uncoated particles with not more than five (5) percent by weight of soft fragments, one-fourth (1/4) percent by weight of clay lumps , and one ( 1) percent by weight of material removed by decantation, except that when the material removed by decantation consists essentially of crushed dirt the maximum amount permitted may be increased to one and one-half (11Z) percent by weight. Coarse aggregate may be either of two sizes, 1'2 inch and smaller or 3/4 inch and smaller, and shall be graded within the following requirements : PERCENT PASSING BY WEIGHT Maximum size mesh screen (sq. mesh) 97 - 100 Half-maximum size mesh screen (sq. mesh) 40 - 70 No. 4 Sieve 0 - 6 III-6 CEMENT: Portland cement shall conform to the requirements of the Standard Specifications for Portland Cement, ASTM Designation C 150, Type 1. Masonry cement shall conform to the requirements of the Standard Specifications for Masonry Cement, ASMT Designation C 91. DS-16 III-7 WATER: Water for mixing concrete shall be clean and free from injurious amounts of oils, acids, alkalies , salt, organic matter, or other deleterious substances. Test specimens of mortar made from the materials and the water to be used shall develop not less than ninety-five (95) percent of the seven (7) day tensile or compressive strength of the same materials and distilled water. III-8 GATE VALVES: Gate valves shall be equal to the Mueller resilient seat gate valve as manufactured by the Mueller Company and shall be designed for a working pressure of 200 psi and a test pressure of 400 psi . Valves shall have 0-ring seals and non-rising stems . Valve shall open left (counter- clockwise) and shall have mechanical joint ends . III-9 VALVE BOXES: All buried gate valves shall be furnished with suitable cast iron valve boxes. Boxes shall be two-piece, Buffalo type with 51/4" shaft. Boxes shall be screw or telescoping type, complete with lid, and of adequate length for the installation. Boxes shall be similar or equal to Mueller H-10360. III-10 FIRE HYDRANTS: All fire hydrants shall be Improved AWWA type fire hydrants with a 51" valve opening. Nozzle threads shall be National Standard. Hydrants shall open "Left" by means of a 14" pentabonal operating nut. Hydrant shall be finished with red lead primer only. Hydrants shall be furnished with 6 inch mechanical joint inlets for cast iron pipe. Bury shall be 42 inches . Hydrants shall be Mueller Improved Hydrant No. A-24015, or approved equal . After installation fire hydrant barrels shall be painted with paint containing reflectorized glass beads (3M Company7216 paint, or approved equal ) . DS-17 III-10 GRAVEL FOR SUBGRADE AND GRAVEL STREET REPAIR: Gravel for subgrade shall be SB-2 and shall conform to the following specifications: SIZE OF SIEVE PERCENT BY WEIGHT TOTAL RETAINED 12" 0 1" 0 3/4" 10 to 50 #4 50 to 75 TOTAL PASSING #40 10 to 30 #200 - 3 to 10 The fraction passing the #200 sieve shall not be greater than two-thirds the fraction passing the #40 sieve. The fraction passing the #40 sieve shall have a liquid limit not greater than twenty-five and a plasticity index not greater than six. III-11 TAPPING VALVES: Tapping valves shall be similar in construction to standard AWWA gate valves and shall have MJ witlets for cast iron pipe. III-12 TAPPING SLEEVES: Tapping sleeves shall be MJ for cast iron pipe, similar or equal to Mueller H-615. Tapping sleeves shall , with the use of suitable gaskets , be good for AWWA Class "C" or "D" pipe, and with Class "B" Pipe in the 4 and 6 inch size. III-13 FITTINGS': Fittings shall be either Gray Iron (250 psi ) or Ductile Iron (350 psi ) designed in accordance with ANSI/AWWA C110-77, except as noted otherwise on the Pl2ns . All fittings shall be mechanical joint conforming in all respects to ANSI A21. 11/AWWA C111. Fittings shall be bituminous coated outside with standard cement lining inside in accordance with ASA A21.4/ AWWA C104-71. Ductile iron retainer glands shall be used on fire hydrant branch lines and vertical bends . DS-18 • Tapping valves shall be similar in construction to standard AWWA gate valves and shall have MJ outlets for cast iron pipe. III-12 TAPPING SLEEVES: Tapping sleeves shall be MJ for cast iron pipe, similar or equal to Mueller H-615 . Tapping sleeves shall , with the use of suitable gaskets , be good for AWWA Class "C" or "D" pipe, and with Class "B" pipe in the four (4) and six (6 ) inch size. III-13 FITTINGS : Fittings shall be either Gray Iron (250 psi) or Ductile Iron (350 psi) designed in accordance with ANSI/AWWA C110-77. All fittings shall be mechanical joint conforming in all respects to ANSI A21. 11/AWWA C111 . Fittings shall be bituminous coated outside with standard cement lining inside in accordance with ASA A21. 4/AWWA C104-71. Ductile iron retainer glands shall be used on fire hydrant branch lines and vertical bends. III-14 ENCASEMENT PIPE: All encasement pipe shall be steel pipe, the diameter and the length of the pipe shall be as indicated on the plans . The steel pipe shall have a minimum wall thickness of ; inch. III-15 BALL VALVES : Ball valves shall be similar or equal to the James Jones J-1900 . III-16 RECONNECTING TO AN EXISTING COPPER OR GALVANIZED SERV ICE LINE: 3/4" Corporation Stop Muller 110 compression H-15008 3/4 " 3 part Union Muller 110 compression H-15403 3/4" Male Iron Pipe by Muller 110 compression H-15428 3/4" Female Iron Pipe by Muller 110 compression H-15451 1" Corporation Stop Muller 110 compression H-15008 1" 3 part Union Muller 110 compression H-15403 1" Male Iron Pipe by Muller 110 compression H-15428 1" Female Iron Pipe by Muller 110 compression H-15451 3/4 " x 4" Nipple Galvanized 3/4 " x 4" Steel Coupling Rockwell 3/4" x 4" Nipple Galvanized 3/4 " x 4" Steel Coupling Rockwell (or approved equals) III-4 III-17 3/4" AND 1" CONNECTIONS TO C900 PVC PIPE CL200 OR AC PIPE CL200 (4 " , 6" , 8" ) : 4" x 3/4" Service Saddle 101 N 5 . 40 x 3/4 " cc Romac 6" x 3/4 " Service Saddle 101 N 7 . 50 x 3/4" cc Romac 8" x 3/4 " Service Saddle 101 N 9 . 62 x 3/4 " cc Romac 4" x 1" Service Saddle 101 N 5 . 40 x 3/4" cc Romac 6" x 1" Service Saddle 101 N 7. 50 x 3/4 " cc Romac 8" x 1" Service Saddle 101 N 9 .62 x 3/4" cc Romac (or approved equals) III-18 2" CONNECTIONS TO 4" , 6 " , 8" , 10 " , and 12" A.C. P .V.0 C. I . OR D. I . PIPE: 4" x 2" Service Saddle 101 N 54 . 0 x 2" I.P. Romac 6" x 2" Service Saddle 101 N 7 . 50 x 2" I. P. Romac 8" x 2" Service Saddle 101 N 9 . 62 x 2" I. P. Romac 10 " x 2" Service Saddle 101 N. 12 . 12 x 2" I . P. Romac 12" x 2" Service Saddle 101 N 14 . 38 x 2" I . P. Romac (or approved equals ) III-19 VALVE SET-UP FOR 2" CONNECTIONS : 2" Close or all-thread Brass Nipple 2" x 6 " Brass Nipple 2" Ball Valve Tip x Top J1900 manufactured by James Jones Company, (or approved equal) 2" 441 Cast Coupling Rockwell 441-00000248-900 , (or approved equal) III-5 It' 7/vJgC1 74/. ldt.L ' A7gAl cc' 2 7 /1 N i ToNgg 00411 gsn'g741/thVai di '4a'd'.7d.7aid saNgg Ov tazivz ogven.is/oNn iiII:y. 2/17vA g1Vv„,— JN/ w7g iSfriek-7 '- - -)11---- ' :.':.i.CY..:.'4•::::V. 1 9N/.'-79 11;d.2Nv.2 -1_-L1 .� de, .W27.2 MOW i`Vil — J N/V�Y4'S )I SONV7J 212N/V1. 2r —S4N► 79 d'9NM13b-- 72/1i1I0 1.3/71.7>o Al g JA7V/1 3ekt1-v7ddd g + e i _ -� I j 3'�; � � '�E-�III II II''� 4 ` '�l,iv,= 1111��ll�llY gill., 1i,._ F— � 1 go► n C/2Hs/N/d- 3 a . I a'3/1OS NO,a gIVN, o'�OM z, ' • 1. '�',. S27z2c�N2svH/,a/Z l ►syv C7.2AVd N/1ON.di) ' UJ ;Lira# �✓770.7 21g�.2Nc7� t'xZXZ 29'c21 MN g 1Nb-4.{H�' n / , .1N14aAH aNi_wo4s �.,/�� s "Nl�d 1�S g7220A/2'2dHnd,,t*/i t'-1 1llN 9N/11 Ai <:1 g71.vN 2/2.A/ric •Z vain., 1.72d119 .dO �dc7 '0107d 1.2s X,V17! .1 WI N/NIW„ TL 7V 2 Y-1Ngd I,M1 7gc71 9,INV2/C7A1/ 774/7 .0 ..2&N 4 ii • GROUP'✓D C iNE '1 GENERAL _ ~ BACKF/LL `'ELECT MATERIAL -- -- , PLACED BY HAND "' I2 OVER PIPE PVC, P'PE . r S'ELr T M4TE R/Al. �' _ TAMPED TO 5 PR/NGL 'NE" J _� Or PIPE - .. ._..2"COMPACTED 58.2 pvc. . • • PIPE BEDDING • N0 SGALt • • • • A l'i,..1C9'11.t.Gwoc„.A'jC-;:7:14(54L.0001<re-3i REP'-ACN1ENT- • G;REST IRFAL:.e Si REIrT SURFAGI< • �S 1� ^:off i_-Eop�;, .:.., , , ._..• .,, .;,_? • ' r Ain«o`-W o \�� �\•� 4i: 2G aa �1 ` o 410.4 tea 1 i T � . �.� . M pPGT E G%i'1 ! SAC?(PILL �.. �•s• e� � ijli ` / ,//�/ PO 12i1MIt-1• , . VZ fr1i 1. • '/N I t��N ' i /y/ • CITY STREET CROSSING NC) GALE /i•5.87 cif . - . . ,2.11,511 Ho.t. IA ix \ X 1ST, F,Avt7 SilizFA0 ---. ._... 1 ••• 0,•,.,..:.,...;::i.•::: ,.;.•::.-.......e.„..;:... . ; ::.. .....:. .6.:.:-.!•:.::...6 .. •...., „....:' ....,•.::,...0.•••••:. ..1••••• .•:;;;5; „A •• -6-- ..___ _____________ _________._7..—.774:77. 0 ... - • ,0 c-3 .... 0 • ••• ... ------&)<C0/C,G161.14.M.(lAit.1.) 04 .._ z-__ - • i l'ill L171[111-10.111';‘..1017454,detegit 3:: GONC. -rE It3-' T-: 0#frAira. Oreltr'n .;----_________.c 0,,,p,k61- n 1-3,•1 tAtegOltr fed% i -6 ul 'Nbe ,ProloYaitt. 11. Q 0 0 0 ° ° ° ° ° ° o ° • °° o o 0 o . o' o ---60.1...et.....,^ VAT5121AL 4- ti 0 0 0 0 -0 0 ° 0 0. ° -- 1r 0 ° --- .__ III > . i1-'1-:,,.. ° 0 L.1- '----;-;0, 1.1P41, SUg 135t7 EAlzikl . .0 , , , 1 0° 0 .. . 0 0 •:-.:-t,1 0,..., . 0 le) yilt-.1 . moi-H Of. cur 1 1... e," tA 1 . IA _____,..., vAgiAi??Le TYPICAL SECTION . UTILITY CUT : . STATE HIGHWAY CROSSING „•t,.87 a ORIGINAL GROUND LEVEL RETAINER GLAND BEND BEND THRUST BOLTED STRAPS RETAINER GLANDS ' RETAINER GLAND NI 0 • tOpp CONCRETE BLOCK/NG r ou V.4 �'�'''�UND/STUBBED EARTHS °P` \\ 4._ EDGE OF TRENCH CONCRETE BLOCK/NG a• BEND TEE J 5� PLUG CONCRETE BLOCKING CONC. BLOCKING l EDGE OF TRENCH I CROSS CONCRETE BLOCKING FOR BENDS, TEES & CROSSES „•,z.a7 44 I L Zi V n N J U C +? 0 .0 O> 3 r N .Q.� c m (n 'w tv .4.� L i G o '� C � � ALev G a, �' � �° v3N ,t ,. t \ Q) �N �. N N \ C ,(01 1--,,, .,_ ___ / ,,.. ,.„,„.. \ \ \` -C _„,u,„, o. 'a \ \ O C Ut 3 �\\Q,-\\\ ' \ t O . \ \\ G IIi: Z.Al \ C\\ l'. tl- r� • N .``.' ,\ N ,\\ \ o 1.1.. ..____1„ \ \\N V\ „ � §-ct. .. „ ., ,,, „ 43 eb =� cn 4. C IIL I , J V ijt L cZ.1c):: Tk .. I eLk:: N N FLOW LINE OF CREEK a u0` •��`��✓ . • Op H On :- Op;: CONCRETE : O • : '. � •m E •c ENCASEMENT A o c p • co • - 6" Outside 6" Diameter Of Pipe Minimum Dimension s � 8 Pay Line ENCASEMENT DETA/L CREEK CROSS/NGS PA) 0 M4IC}tOnt MEI CHANGE ORDER No. 2 Project Title: Company St./Ed Edwards/Dead Horse Mt. Rd./Gregg/ Sutton- Water Line Replacements. Project No. 2772 Bid No. 834 Contract Date: 5/17/88 Contractor: J.D. Sweetser, Inc. The following changes are made to the Contract Documents: The total street repair item was incresed from 200 s.y. to 443 s.y. Justification: During the process of construction of the new water main the old water main broke again with a line split, which caused additional considerable damage to the pavement on Gregg Ave. Project. Since the damage to the street was extensive and repairs had to be done immediately and the construction of the new water main was already in progress, the contractor was directed to repair the damage under the unit price of the existing contract. CHANGE TO CONTRACT PRICE: Original Contract Price: $ 98,281.00 Current Contract Price, as adjusted by previous change orders: $ 120,573.00 The Contract Price due to this Change Order will be increased by:$4,376.00 The new Contract Price due to this Change Order will be: $ 124,949.00 CHANGE TO CONTRACT TIME: The Contract Time will be N/A by N/A calendar days. The Date for Completion of all work under the Contract will be 8-20-88 . APPROVALS REQUIRED: To be effective, this order must be approved by the Owner if it changes the scope or objective of the project, or as may otherwise be required under the terms of the Su plementary General Conditions of the Contract. Requested by: �a';�\k' Ovw Date: \ ) '(o ( ' °/ es Donal Ra}}��z Recommended by: "/�,.i�ct Date: ,hec... /4, /5'1f Worbash Approved by: � Date: ,e/9 /988 Accepted by: - 7/ Date: , '/ j , .. : . , , ), MICROFILM-fa CONTRACT AGi 1E.T 7 4k, 1. THIS NTR4CT ANT A T, t*-de and entered into this i day of `� , 19 g , by and between the City of Fayetteville, Arkansas, Party of the irst Part, acting through it's duly authorized representative, and Jerry D. Sweetser, Inc. 590 Poplar St. Fayetteville , AR 72703 Party of the Second Part: WIT= r. : That for and in consideration of the payments to be rr'ie as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools, labor, equipment, materials, and supplies required to the furnished and to construct the improvements designated as Company St., Ed Edwards Rd. ,Dead Horse Mtn. Rd, Gregg Ave. , Sutton St. Waterlines for $98, 281.00 for the City of Fayetteville, Arkansas, in e_xmct accordance with the Plans on file at the Office of the City Engineer, and Specifications, Propc<.gis, Stipulations, and Special Provisions attached hereto and made a part hereof as fully as though copied herein, under the direction of and to the entire - satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas. 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final cacpensation for all work done under this agreement, the Unit Prices and/cr Lump Sum Price named in the PropoGul which is hereto attached, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 3. The Party of the Second Part agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposcl . Time is expressly rrr.e of the essence of this Contract. If the Party of the Second Part shall fail to complete the work in the time specified he shall pay to the Party of the First Part, as liquidated dnm ges, ascertained and agreed, and not in the nature of a penalty, the amount specified in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted from the final amount to be paid under the Contract. Extensions of time may be granted with waiver of liquidated cjamages as provided for in the Specifications. 4. The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Contract, as required by the lows of the State of Arkansas, and for not less than one hundred (100) percent of the amount of this Contract. Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the City of Fayetteville for the paynent of all labor and materials entering into or incident to the proposed iluprovP^ents and shall guarantee the work against faulty workmanship or materials for a period of one (1) yeer after completion. The Surety on said Bond shall be a Surety Company of financial resources satisfactory to the Party of the First Part, and authorized to do business in the State of Arkansas. 5. The Party of the second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and..Workman's Compensation Insurance in amounts as required by these Specifications. WIT`.'F';S OUR HANDS THIS �1 "Al OF , 1987 CI'I'Si OF FAYEr EVILLE FAi.Er1I \TT I.F, AR ANSAS Attest by City Clerk By LZLiy rOr L< Contractor By (7 Name and itle WITNESS mess Address Corporate Seal (if any) PROPOSAL P1 ace �'�%' CL44'f -7 — Proposal of JERRY D. SWEETSER, INC. a corporation* organized and existing under the laws of the State of Ag. kq ,Jsa S , and qualified to do business in the State of Arkansas; a Partnership* consisting of an Individual* trading as TO THE CITY OF FAYETTEVILLE, ARKANSAS: - The bidder in compliance with your invitation for bids for the construction of Company Street and etc. Water Line Replacements having examined the Plans and Specifications with related documents and the site of the proposed work, and being familiar with all the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all labor, material , and supplies required to be furnished, and to construct the project in accordance with the Contract Documents, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specified in a written "Work Order" of the Engineer, and to fully complete the project within 70 consecutive calendar days. Bidder acknowledges receipt of the following addenda: * Fill out applicable blank 4 x (X PANY STREETL1: I REPLACE 1Eti'T TEM ESTI`lA'flJ) QUANTITY UNIT** TOTAL NO. AND DESCRIPTION PRICE . 2 P `FCSDPressNDCas 20DoSSa,700.2. :each2Connetioith Ball Ir.J HUNpREO �FTY �Ot��.A2S Valve and Roadway Box Dollars 3. 100 s.�. �1G1{T�� r3 DoLLA� S Street Renair (See Detail Sheet) Dollars Connection to existing Service Line Dollar Total Dollars 4-a. ED EDWARDS RD./'1ALLY WAGNON ROAD WATER LINE REPLACEMENT I LEI ESTPLATED QUANTITY UNIT** TOTAL NO. AND DESCRIPTION PRICE 1. 1300 L.F. Si & Do LLi9 RS 4" P.V.C. C-900, DR14 - Pressure Class 200 Dollars $ G, G $7, 3co. 2. 1 each � 4HT H u I M.E 6 TWEkyry 51 Y 6 t O LLA -S 4 ' x 4 Tapping Sleeve and Valve with Box Dollars oo $ g � oo $ 8z5. 3. 1 each -r e a 1}u+.1w2ED IF-ry oo Luc,ks 2" Ball Valve with Box Dollars "c $350.°0 4. 2 Far'h SVENTY- �IV� �OL-LASS Connection to existing Service Line Dollars $ 7,)", " $ 1.50 °= Total Dollars Se' 1a5.°° 4-b DEAD HORSE MTN. ROAD WA1 LH LINE REPLACE\E_NT I1E1 ESTPL.UED QUANTITY TOTAL** TOTAL `:0. AND DESCRIPTION PRICE 1. 7100 L.F. EI( HT DOLLAIeS fl"'A -cIFTC/ C £. ITS 6" P.V.C. Water Line C-900, DR14-Pressure Dollars Class 200 $ 8': �-° 510,3 5 0. 0 0 2. 1 each �ICaHT HUN���Q TH I ►2TY 13D (._.Lift s 6" x 6" Tapping Sleeve and Valve with R.oarway Box. Complete Dollars in place s 3 ), (1a s830.12 3. 6 each TWO NUNp2 N1N£T1/- FIYa 1OL.LA12S 6" Gate Valve with Box Complete in place Dollars s ,2 1,5- °a s1,770.c0 4. 1 Each DOLIA �-S Creek Crossing with 51 X E1 tlN 0 L Concrete Encasement (See Detail Sheet) Dollars S �G)a oo SLOO 5. 4 Farh Gravel Road Crossing TUOO ktif3w2EL, 5-I LYY DoLLA e S and Repair Dollars S , 5o, oo sOOO. oa 4G • ' DEAD HORSE MTN. ROAD - CONTINUED Dollars Total $ $ M 55u cD 41 DEAD HORSE NTN. RD. WAT.Et LINE REPLACE. ENTT ALTERNATE BID ITEl1 ESTPATED QUANTITY UNIT** TOTAL NO. AND DESCRIPTION PRICE 1. 7100 L.F. E/GHT DOLLfeS R"pSEof i /- 6" D.I.P. CLASS 51 Dollars Total $ g '75 $ 2.,_/2 5.°0 ✓ GREGG A� 1 iE WATER LINE REPL-LE'IE\T I'I'F 1 ESTDL�'1'Lll QUANTITY TOTAL** TOTAL NO. AND DESCRIPTION PRICE 1. 560 L.F. O11�27�j QOLI.A S DRICr- Pressure Class 200 Dollars :01I.ISLLA S Sleeve and Valve with Roadway Box. Complete Dollars in place S f 5 OO ao S I�j00. _ 3. 1 each ONE T�4OLtSAtJD SIk �U�11)��p �LLP �S 10" x 6" Tapping Sleeve and Valve with Roadway Dollars Box. Complete in place. o0 4. 4"EGate Valve w/roadcay ����£- H u►J fJ TH 1 ��- SIX DO L1 R S Box. Complete in place, and the Connection to Dollars exist. 4" service line 5. 2 Each Connection to existingY� LLA S Service Lines Dollars $ $ 150 .°0 4 GREGG AVE. WATER LINE (CONT. ) 6. 200 s.y. Street Cut and Repair (See Detailed Sheet) Dollars / °a $3(; CO. 00 Dollars Total S SJ5102 . 0O • N GREGG AVE.. WATER LIRE REPLACESENT ALTERNATE BID I'I"E'I ESTIMATED QUANTITY UNIT** TOTAL NO. AND DESCRIPTION PRICE 1. 550 L.F. Voua-tEh_ 1 Qola42S A� SEV6nJTY- CU: 6" D.I.P. CLASS 51 Dollars Total $ /fry- ' s g, a(c O.°— 4 , SLTTON STREET WAlElZ LINE REPLACEMENT ITE:'! ESTIMATED QUANTITY TOTAL** TOTAL NO. AND DESCRIPTION PRICE 1. 210 L.F. V T IDoLLA eS 2" P.V.C. SDR21 Pressure Class 200 Dollars co 2. 1 each Ll f} S 2" Connection with 2" ONE THOUS R N 8 'TWO 1-}U 1J3 Q F i1 1)0 and Valve with Box Dollars s l or, c'65. s1,aG0. 3. 3 each 5��E�y- FIYE COLI.A�S Connection to existing Service Line Dollars s 5' G'O C ���. DO Total Dollars $3 905. `° ✓ . • 4-L. (over) Company Street $ S, [D ( 5 Ed Edwards Rd. $ d1 I a 5 _ oo Dead Horse Mt. Rd. $ II , ,5 50 . — Gregg Ave. 0., , C` Sutton St. o_ 3, 9 o 5, - ' TOTAL $ 8 a 1 , �o V V , 0 Dead Horse Mt. Rd. (Alt. ) $ , 3 a 0_5 . Gregg Ave. (Alt. ) $ 1 5, LI Li L ,°0_ Note : This project will be awarded on the basis of low bid on the total for all projects . 5 ** Unit Prices to be shown in words and figures . In case of discrepancy amount shown in words will govern. The unit prices shall include all labor, materials, bailing, shoring, overhead, profit, insurance, etc. , to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids . Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within ten ( 10) days and deliver the Surety Bond or Bonds as required by Paragraph 8 of the General Conditions . The bid security attached in the sum of 5 j, is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as •liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully Submitted: JERRY D. SWEETSER, INC, BY fi-.(1-&(-/E jle-L- 1- __.-71.,// Y ,590 % ,:>72 Z ' o a�.�'( 7.2 70 3 SEAL - if bid is by a corporation 69 1 �,-. . �. ,�. _ -. �.:.�.. •�►, "'. . �� Ja � >.. „. �_a, , j 5 2/88 PRODUCER 4 ' HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT ArdEND, Eason & CO. , Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DELO',V. P. O. Box 4217 Fayetteville, AR 72702 COMPANIES AFFORDING COVERAGE -11 COMPANY 'A ,.. LETTER United States Fidelity & Guaranty `� -- — COMPANY a INSURED LETTER 4 Jerry D. Sweetser, Inc. COMPANY A 590 W. Poplar LETTER `to Fayetteville, AR 72701 COMPANY LETTER COMPANY ,- s LETTER b- •T .7' el .,•V:.(rv,` _ '!,3 - - r rn^s., �4 - ,r. .. _ ter' f f„ THIS IS TO CERTIFY }SAT POLICIES CF INSURANCE LISTED CELG.V HAVE BEEN ISSUED TO THEE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST:NDIiIG:.IY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER r?CCUNIEENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 77 BE ISSUED OR MAY I-EyTAIN, -i h_!'.SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO PF \ POLICY EFFECT:`;E I i�;CY EXPIRAP,ON ,.,ABILITY LIMITS IN THOUSANDS TYPE OF INSURANC 'OLICY UMBER GAtE(MUDDY LTR E•nrvoonrl '-AC''' r GREGATE OCCURRENCE I .AG GENERAL LIABILITY BODILY A111 j COMPREHENSIVE FORM 1CP0789582420 10/30/87 10/30/88 IVJURv 1,000 S1,000a PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE I S 1,000 ' .;1,000 EXPLOSION&COLLAPSE HAZARD I PRODUCTS/COMPLETED OPERATIONS i I CONTRACTUAL I OMB NED S INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE I ! —1 PERSONAL INJURY PERSONAL INJURY j 1 f __--_--_—__.____. __-_ _ __.. -_ ._______ _— ' AUTOMOBILE LIABILITY • A{X i ;NY AUTO 1CP0789583420 10/30/87 10/30/88 _ 1,000 ALL OWNED AUTOS(PRIV. PASS I ALL OWNED AUTOS(PR V RPASSN) j 1,000 HIRED AUTOS i PROPERTY NON-OWNED AUTOS I DAMAGE I$ 1,000 GARAGE LIABILITY BI a PD !COMBINED $ t• Jr- EXCESS `t LIABILITY I I I. -`- A X UMBRELLA FORM 1CP0789582420 10/30/87 10/30/88 COMBINED $ 2,000 '$2,000 OTHER THAN UMBRELLA FORM STATUTORY ' WORKERS'COMPENSATION `� AND 3902852879 10/30/87 10/30/88 I iS100 ACH cclaEunr. - = EMPLOYERS' LIABILITY $500 !'JiSEASE-POLICY LIMIT) �: I$100 )DISEASE-EACH EMPLOYEE) • OTHER I DESCRIPTION CF CPERATICNS/LCCATIONSNEH!CLES/SPECIAL I T EMS T c-CEJFI '4= 'x�°r • " w: � _ �._-:....�.._- • i • -� 1 ' sal 'a tf. t },�. `': City of Fayetteville SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- Attn' Sid Norvash PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Fayetteville, AR 72701 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY i OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. •;;.} AUTunl,IZ_7 nr•-•nrcF>r Bob Davis "+' :aim/ w• •4• � -r ,• 1 98401: p. ,?f•r {.t , i-� J�...: i� y•t� w.y .i±i ,.. -4 • fi ?+ �,-t „K, i. ._�,'Si z.a .:,r, „s.si�'r.,`arr,�y�sss.. .r,�r.^•t•: 's^ rr 'b:: :fi`; .1.. .:'S1 •.ss: r!}" 'ee� �i'" �� f s e �� •rii+` 'i. �'h 4:',t:'. lM1iSY.. ti.i 'ti SS• .�'��^�j••..i��` 4 4 ..!`..•1�1 I:i.i�'�,1...... i�4. i:ii•'t.•. "ht 'il�'•• l+d7� „t'.s. �i� 4,.i 4Y�, .t.:it rl., s);�... %:!if u icii _i _ �ki�] �I�1 �1 D STATES i�l'I�ILIL1 \1f�Ai��'�1Y COMPANY (A StAl oc ro Company) ` ' ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We Jerry D. Sweetser, Inc. L. as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, agii " corporation organized and existing under the laws of the State of Maryland and authorized to do business in the L4State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto LI:C= ;;= City of Fayetteville, Fayetteville, Arkansas 14 Ninet Ei ht Thousand, 'Itao Hunarea as Obligee, hereinafter called Owner, in the amount of '— Ei9hty-One Dollars and No/100 Dollars ($ 98,281.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, . _ 461 personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated entered into a contract r ` with Owner for Bid #834, for furnishing all labor and materials for water line < replacements for Company St. , Molly Wagon Rd. , Dead Horse Mountain Rd. , Gregg pli Ave. , and Sutton St. , City of Fayetteville, in accordance with plans and specifications of the City of Fayetteville. 11 1' EE� , which contract is by reference made a part hereof, and is AE:'-'.I hereinafter referred to as the Contract. `'is ( THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he 'F1 E" may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense '` `L which the Owner may incur in making good any such default, end, further, that if the Principal shall pay all persons j ; ; 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 Vif 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 broug:it on this bond except by the Owner after six months from the date final payment . `` is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years ": k:' 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 E" on the part of either the Owner or the Principal to the other shall not in any �vay release the Principal and the --4 t=:; 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 •7; 1 hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. ;='; Executed on this day of 19 tir • Jerr D. Swee Inc. `'I '1 Principal =_-,} By... :' P esiden UNIT D STATES FIDELITY AND GUARANTY COMPANY Surety - By.. c l=t.,-c 1rw___ Robert M. Davis Attorney-in-Fact . .tA..'tr..1...:51',i. lt.. .....Y.i.•4.. u,. .,iu .. .. ....4ri'S tzx.... 3 _ ........�.....�.... ... •ztt 3,5N,fiiz is4,,.:; contract Ise (Arkanw) (10-57) r'=•• CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 100117 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Robert M. Davis of the City of Fayetteville , State of Arkansas its true and lawful attorney in and for the State of Arkansas for the following purposes,to wit: To sign its name as surety to,and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Robert M. Davis may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 31st day of December ,A.D. 19 87 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By W,J,D, Sa a ville, Jr. Vice-President. (SEAL) Douglas R. Bowen (Signed) Assistant Secretary. STATE OF MARYLAND. s ss: BALTIMORE CITY, On this 31St day of DeCE�T>ber ,A. D. 1987, before me personally came W.J.D. Sanezvi_Lle, Jr. , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Douglas R. Bowen ,Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said W.J.D. Salerville, Jr. and Douglas R. Bowen were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary,respectively,of the Company. My commission expires the first day in July,A.D.19 90 Margaret M. Hurst (SEAL) (Signed) Notary Public. FS 3 (1-87) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact,or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the same. I, James M. Carroll ,an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Robert M. Davis of Fayettevi 11P, P,r}Gansas , authorizing and empowering him to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of Nmber, 1981, at which meeting a quorum of the Board of Directors was present, and that e foregoing is a true and correct copy of said reso ovelution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED th STATES FIDELITY AND GUARANTY COMPANY on (Date) Assistant Secretary.