HomeMy WebLinkAbout2026-07-07 - Agendas - Archive
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Final Agenda Results
Tuesday, July 7, 2026
5:30 PM
City Hall Room 219
City Council Members
Council Member Robert B. Stafford Ward 1
Council Member Dr. D'Andre Jones Ward 1
Council Member Sarah Moore Ward 2
Council Member Mike Wiederkehr Ward 2
Council Member Scott Berna Ward 3
Council Member Sarah Bunch Ward 3
Council Member Teresa Turk Ward 4
Council Member Min. Monique Jones Ward 4
Mayor Molly Rawn
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
City Council Meeting Final Agenda July 7, 2026
Meeting Information:
1. Webinar ID: 878 9016 0967
Public Registration Link: https://fayetteville-ar.zoom.us/webinar/
register/WN_UqdAqSshQfG61sWTqba2uA
Public Comment:
1. You may submit a public comment regarding an upcoming City Council agenda
item using the below options:
1)You can email your comment to AgendaItemComment@fayetteville-ar.gov
2)You can attend the meeting in person and speak during the public comment
period on the item.
3)You can attend the meeting via Zoom and raise your virtual hand during the
public comment period on the item.
Call to Order
Roll Call
Pledge of Allegiance
Mayor' s Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items
1. Sales Tax & Monthly Financial Report -Chief Financial Officer
Proposed Agenda Additions
A. Consent
A.1. Approval of the June 16, 2026 City Council Meeting Minutes
Approved.
A.2. Large Commercial Grade Mower Replacements for Parks Maintenance
through Professional Turf Products, L.P.:
A resolution to approve the purchase of two commercial mowers from
Professional Turf Products, L.P. in the total amount of $205,512.92, pursuant to
a Sourcewell Cooperative Purchasing Contract, plus any applicable surcharges,
City of Fayetteville, Arkansas page 2
City Council Meeting Final Agenda July 7, 2026
freight charges, or delivery fees up to 10% of the original purchase price. (2026-
1852)
Passed and shall be recorded as Resolution 158-26.
A.3. Bid #26-37 Millsap & College Int. Improvements:
A resolution to award Bid 26-37 and authorize a contract with APAC-Central, Inc.
in the amount of $3,568,811.20 for construction of the Millsap Road and College
Avenue Intersection and North Hemlock Avenue Project, to approve a project
contingency in the amount of $357,000.00, to authorize acceptance of a Surface
Transportation Block Grant in the amount of $3,600,000.00 awarded by the
Northwest Arkansas Planning Commission, and to approve a budget
amendment. (2026-2044)
Passed and shall be recorded as Resolution 159-26.
A.4. Millsap & College Intersection -Supplemental Agreement #1:
A resolution to approve Supplemental Agreement No. 1 to the contract with
Burns & McDonnell Engineering Company, Inc. in the amount of $93,785.00 for
additional engineering services associated with the Millsap Road & College
Avenue Intersection and Hemlock Avenue Improvement Project. (2026-2045)
Passed and shall be recorded as Resolution 160-26.
A.5. Authorization for Mayor to Sign Tender Agreement for Bryce Davis Park
Phase I Improvements:
A resolution to waive competitive bidding and authorize a tender agreement with
U.S. Specialty Insurance Company and ACS Playground Adventures to transfer
project completion responsibilities for phase 1 improvements for Bryce Davis
Park to ACS Playground Adventures, to authorize additional contract days to
complete work, and to approve a budget amendment. (2026-2068)
Passed and shall be recorded as Resolution 161-26.
A.6. Mission Boulevard Sidewalk Bid Award:
A resolution to award Bid 26-36 and authorize a contract with Milestone
Construction Company in the amount of $178,997.00 for construction of a
sidewalk along the north side of Mission Boulevard from Libby Lane to Winwood
Drive, to approve a project contingency in the amount of $17,000.00, and to
recognize revenue in the amount of $50,000.00 from the Whistler Woods
Subdivision Property Owners Association, and to approve a budget amendment.
(2026-2003)
Passed and shall be recorded as Resolution 162-26.
City of Fayetteville, Arkansas page 3
City Council Meeting Final Agenda July 7, 2026
A.7. Deed of Declaration First Amendment for Parcel 765-14855-001:
A resolution to approve Amendment No. 1 to the Deed of Declaration associated
with city-owned parcel 765-14855-001. (2026-1984)
Passed and shall be recorded as Resolution 163-26.
A.8. Adoption of a City of Fayetteville-University of Arkansas Memorandum of
Understanding:
A resolution to approve a Memorandum of Understanding with the University of
Arkansas that establishes maintenance responsibilities on certain roadways and
sidewalks through and adjacent to University of Arkansas properties. (2026-
1978)
Passed and shall be recorded as Resolution 164-26.
A.9. Sale of City Property to Reindl Properties:
A resolution pursuant to § 34.27(E) Sale of Municipally Owned Real Property of
the Fayetteville City Code to authorize the Mayor to sell approximately 477
square feet of property in the south end of the Ramble Civic Plaza to Reindl
Properties, Inc. for the amount of $24,665.00, and to approve a budget
amendment. (2026-2150)
Passed and shall be recorded as Resolution 165-26.
B. Public Hearing
B.1. Raze and Removal of a Dilapidated Structure Located at 320 W Ila St.:
A resolution to order the razing and removal of a dilapidated and unsafe
structure on property owned by Steven and Cynthia Parette located at 320 West
Ila Street in Ward 2 in the City of Fayetteville, Arkansas. (2026-2143)
Passed and shall be recorded as Resolution 166-26.
B.2. Raze and Removal of a Dilapidated Structure Located at 3582 N Hwy 112:
A resolution to order the razing and removal of a dilapidated and unsafe
structure on property owned by GRL 112 LLC located at 3582 North Highway
112 in Ward 2 in the City of Fayetteville, Arkansas. (2026-2144)
Passed and shall be recorded as Resolution 167-26.
C. Unfinished Business
C.1. Raze and Removal of a Dilapidated and Unsafe Structure at 848 N. Jackson
Dr.:
A resolution to order the razing and removal of a dilapidated and unsafe
structure on property owned by Born In a Barn, Inc. located at 848 North
City of Fayetteville, Arkansas page 4
City Council Meeting Final Agenda July 7, 2026
Jackson Drive in the City of Fayetteville, Arkansas. (2026-1194)
At the April 21, 2026 City Council meeting, this resolution was tabled to the June
2, 2026 City Council meeting.
At the June 2, 2026 City Council meeting, this resolution was tabled to the July
7, 2026 City Council meeting.
At the July 7, 2026 City Council meeting, this resolution was tabled indefinitely.
D. New Business
D.1. VAC 2026-0005 West Cactus Place:
An ordinance to approve VAC-26-05 for property located at 4307 West Cactus
Place in Ward 1 to vacate 239 square feet of general utility easement. (2026-
2024)
Passed and shall be recorded as Ordinance 7011.
D.2. RZN 2026-0015 NW of N. Deane Solomon Rd. & W. Vanike Dr.:
An ordinance to rezone the property described in Rezoning Petition RZN 2026-
15 for approximately 36.2 acres northwest of North Deane Solomon Road and
West Vanike Drive in Ward 4 from RSF-4, Residential Single-Family, Four (4)
Units Per Acre and CPZD, Commercial Planned Zoning District, to RMF-12,
Residential-Multi Family, 12 Units Per Acre and RSF-8, Residential Single-
Family, Eight (8) Units Per Acre. (2026-1944)
At the July 7, 2026 City Council meeting, this ordinance was left on the first
reading.
D.3. RZN 2026-0016 East Mission Boulevard:
An ordinance to rezone the property described in Rezoning Petition RZN 2026-
16 for approximately 2.5 acres located at 1905 East Mission Boulevard in Ward
3 from C-1, Neighborhood Commercial and RSF-4, Residential Single-Family,
Four Units Per Acre, to CS, Community Services. (2026-2023)
Passed and shall be recorded as Ordinance 7012.
D.4. RZN 2026-0017 North Old Wire Road:
An ordinance to rezone the property described in Rezoning Petition RZN 2026-
17 for approximately 3.53 acres located at 3105 North Old Wire Road in Ward 3
from RSF-4, Residential Single-Family, Four Units Per Acre, to P-1, Institutional.
(2026-2022)
Passed and shall be recorded as Ordinance 7013.
City of Fayetteville, Arkansas page 5
City Council Meeting Final Agenda July 7, 2026
D.5. Sales and Use Tax Bonds (Issuance Authorization):
An ordinance authorizing the issuance and sale of the City’s not to exceed
$191,220,000 of Sales and Use Tax Capital Improvement and Refunding Bonds,
Series 2026, for the purpose of financing all or a portion of the costs of certain
water and wastewater system, parks system, animal services, trails,
transportation, sustainability, aquatics/recreation center and fire department
facilities and improvements and for the purpose of refunding the City’s
outstanding sales and use tax capital improvement bonds; authorizing the
execution and delivery of a trust indenture pursuant to which the bonds will be
issued and secured; authorizing the execution and delivery of an official
statement pursuant to which the bonds will be offered; authorizing the execution
and delivery of a bond purchase agreement providing for the sale of the bonds;
authorizing the execution and delivery of a continuing disclosure agreement;
authorizing the execution and delivery of an escrow deposit agreement providing
for the defeasance and redemption of the City’s outstanding sales and use tax
capital improvement bonds; prescribing other matters relating thereto; and
declaring an emergency. (2026-2002)
Passed and shall be recorded as Ordinance 7014.
D.6. An Ordinance to Promote Transparency:
An ordinance prohibiting the City of Fayetteville from entering into nondisclosure
agreements that restrict disclosure of public records or public business beyond
that authorized by law, and to declare an emergency. (2026-2142)
At the July 7, 2026 City Council meeting, this resolution was tabled to the July
21, 2026 City Council meeting.
E. City Council Tour
E.1. Agenda Item D.2: RZN 2026-0015 NW of N. Deane Solomon Rd. & W. Vanike
Dr.:
Date & Time: July 6th, 2026 at 4:30 PM.
Address: Meet at the trail at Vanike and N. Deane Solomon.
Parking: Street parking is available on Vanike.
F. Announcements
F.1. Board, Committee & Commission Vacancies Advertisement:
The Office of the City Clerk Treasurer is accepting applications for board,
committee and commission vacancies. Applications must be submitted by 5:00
p.m. on Friday, July 24, 2026.
G. Adjournment 11:53 PM
City of Fayetteville, Arkansas page 6
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Tentative Agenda
Tuesday, June 30, 2026
4:30 PM
City Hall Room 219
City Council Members
Council Member Robert B. Stafford Ward 1
Council Member Dr. D'Andre Jones Ward 1
Council Member Sarah Moore Ward 2
Council Member Mike Wiederkehr Ward 2
Council Member Scott Berna Ward 3
Council Member Sarah Bunch Ward 3
Council Member Teresa Turk Ward 4
Council Member Min. Monique Jones Ward 4
Mayor Molly Rawn
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
City Council Meeting Tentative Agenda June 30, 2026
Meeting Information:
1. Webinar ID: 812 4151 5085
Public Registration Link: https://fayetteville-ar.zoom.us/webinar/
register/WN_IUvC6lPBQtGSTSkoqM30VA
Public Comment:
1. You may submit a public comment regarding an upcoming City Council agenda
item using the below options:
1) You can email your comment to AgendaItemComment@fayetteville-ar.gov
2) You can attend the meeting in person and speak during the public comment
period on the item.
3) You can attend the meeting via Zoom and raise your virtual hand during the
public comment period on the item.
Call to Order
Roll Call
Pledge of Allegiance
Mayor' s Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items
1. Sales Tax & Monthly Financial Report - Chief Financial Officer
A. Consent
A.1. Approval of the June 16, 2026 City Council Meeting Minutes
A.2. Large Commercial Grade Mower Replacements for Parks Maintenance
through Professional Turf Products, L.P.:
A resolution to approve the purchase of two commercial mowers from
Professional Turf Products, L.P. in the total amount of $205,512.92, pursuant to
a Sourcewell Cooperative Purchasing Contract, plus any applicable surcharges,
freight charges, or delivery fees up to 10% of the original purchase price. (2026-
1852)
A.3. Bid #26-37 Millsap & College Int. Improvements:
A resolution to award Bid 26-37 and authorize a contract with APAC-Central, Inc.
in the amount of $3,568,811.20 for construction of the Millsap Road and College
Avenue Intersection and North Hemlock Avenue Project, to approve a project
contingency in the amount of $357,000.00, to authorize acceptance of a Surface
City of Fayetteville, Arkansas page 2
City Council Meeting Tentative Agenda June 30, 2026
Transportation Block Grant in the amount of $3,600,000.00 awarded by the
Northwest Arkansas Planning Commission, and to approve a budget
amendment. (2026-2044)
A.4. Millsap & College Intersection - Supplemental Agreement #1:
A resolution to approve Supplemental Agreement No. 1 to the contract with
Burns & McDonnell Engineering Company, Inc. in the amount of $93,785.00 for
additional engineering services associated with the Millsap Road & College
Avenue Intersection and Hemlock Avenue Improvement Project. (2026-2045)
A.5. Authorization for Mayor to Sign Tender Agreement for Bryce Davis Park
Phase I Improvements:
A resolution to waive competitive bidding and authorize a tender agreement with
U.S. Specialty Insurance Company and ACS Playground Adventures to transfer
project completion responsibilities for phase 1 improvements for Bryce Davis
Park to ACS Playground Adventures, to authorize additional contract days to
complete work, and to approve a budget amendment. (2026-2068)
A.6. Mission Boulevard Sidewalk Bid Award:
A resolution to award Bid 26-36 and authorize a contract with Milestone
Construction Company in the amount of $178,997.00 for construction of a
sidewalk along the north side of Mission Boulevard from Libby Lane to Winwood
Drive, to approve a project contingency in the amount of $17,000.00, and to
recognize revenue in the amount of $50,000.00 from the Whistler Woods
Subdivision Property Owners Association. (2026-2003)
A.7. Deed of Declaration First Amendment for Parcel 765-14855-001:
A resolution to approve Amendment No. 1 to the Deed of Declaration associated
with city-owned parcel 765-14855-001. (2026-1984)
A.8. Adoption of a City of Fayetteville-University of Arkansas Memorandum of
Understanding:
A resolution to approve a Memorandum of Understanding with the University of
Arkansas that establishes maintenance responsibilities on certain roadways and
sidewalks through and adjacent to University of Arkansas properties. (2026-
1978)
A.9. Sale of City Property to Reindl Properties:
A resolution pursuant to § 34.27(E) Sale of Municipally Owned Real Property of
the Fayetteville City Code to authorize the Mayor to sell approximately 477
square feet of property in the south end of the Ramble Civic Plaza to Reindl
Properties, Inc. for the amount of $24,665.00. (2026-2150)
City of Fayetteville, Arkansas page 3
City Council Meeting Tentative Agenda June 30, 2026
B. Public Hearing
B.1. Raze and Removal of a Dilapidated Structure Located at 320 W Ila St.:
A resolution to order the razing and removal of a dilapidated and unsafe
structure on property owned by Steven and Cynthia Parette located at 320 West
Ila Street in Ward 2 in the City of Fayetteville, Arkansas. (2026-2143)
B.2. Raze and Removal of a Dilapidated Structure Located at 3582 N Hwy 112:
A resolution to order the razing and removal of a dilapidated and unsafe
structure on property owned by GRL 112 LLC located at 3582 North Highway
112 in Ward 2 in the City of Fayetteville, Arkansas. (2026-2144)
C. Unfinished Business
C.1. Raze and Removal of a Dilapidated and Unsafe Structure at 848 N. Jackson
Dr.:
A resolution to order the razing and removal of a dilapidated and unsafe
structure on property owned by Born In a Barn, Inc. located at 848 North
Jackson Drive in the City of Fayetteville, Arkansas. (2026-1194)
At the April 21, 2026 City Council meeting, this resolution was tabled to the June
2, 2026 City Council meeting.
At the June 2, 2026 City Council meeting, this resolution was tabled to the July
7, 2026 City Council meeting.
D. New Business
D.1. VAC 2026-0005 West Cactus Place:
An ordinance to approve VAC-26-05 for property located at 4307 West Cactus
Place in Ward 1 to vacate 239 square feet of general utility easement. (2026-
2024)
D.2. RZN 2026-0015 NW of N. Deane Solomon Rd. & W. Vanike Dr.:
An ordinance to rezone the property described in Rezoning Petition RZN 2026-
15 for approximately 36.2 acres northwest of North Deane Solomon Road and
West Vanike Drive in Ward 4 from RSF-4, Residential Single-Family, Four (4)
Units Per Acre and CPZD, Commercial Planned Zoning District, to RMF-12,
Residential-Multi Family, 12 Units Per Acre and RSF-8, Residential Single-
Family, Eight (8) Units Per Acre. (2026-1944)
D.3. RZN 2026-0016 East Mission Boulevard:
An ordinance to rezone the property described in Rezoning Petition RZN 2026-
16 for approximately 2.5 acres located at 1905 East Mission Boulevard in Ward
3 from C-1, Neighborhood Commercial and RSF-4, Residential Single-Family,
Four Units Per Acre, to CS, Community Services. (2026-2023)
City of Fayetteville, Arkansas page 4
City Council Meeting Tentative Agenda June 30, 2026
D.4. RZN 2026-0017 North Old Wire Road:
An ordinance to rezone the property described in Rezoning Petition RZN 2026-
17 for approximately 3.53 acres located at 3105 North Old Wire Road in Ward 3
from RSF-4, Residential Single-Family, Four Units Per Acre, to P-1, Institutional.
(2026-2022)
D.5. Sales and Use Tax Bonds (Issuance Authorization):
An ordinance authorizing the issuance and sale of the City’s not to exceed
$191,220,000 of Sales and Use Tax Capital Improvement and Refunding Bonds,
Series 2026, for the purpose of financing all or a portion of the costs of certain
water and wastewater system, parks system, animal services, trails,
transportation, sustainability, aquatics/recreation center and fire department
facilities and improvements and for the purpose of refunding the City’s
outstanding sales and use tax capital improvement bonds; authorizing the
execution and delivery of a trust indenture pursuant to which the bonds will be
issued and secured; authorizing the execution and delivery of an official
statement pursuant to which the bonds will be offered; authorizing the execution
and delivery of a bond purchase agreement providing for the sale of the bonds;
authorizing the execution and delivery of a continuing disclosure agreement;
authorizing the execution and delivery of an escrow deposit agreement providing
for the defeasance and redemption of the City’s outstanding sales and use tax
capital improvement bonds; prescribing other matters relating thereto; and
declaring an emergency. (2026-2002)
D.6. An Ordinance to Promote Transparency:
An ordinance prohibiting the City of Fayetteville from entering into nondisclosure
agreements that restrict disclosure of public records or public business beyond
that authorized by law, and to declare an emergency. (2026-2142)
E. Proposed Agenda Additions
F. City Council Agenda Session Presentations
F.1. External Audit Results - Ann Gearity
G. City Council Tour
H. Announcements
I. Adjournment
City of Fayetteville, Arkansas page 5
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
City Council Meeting Minutes
June 16, 2026
Page 1 of 12
Council Member Robert B. Stafford Council Member Scott Berna
Ward 1 Position 1 Ward 3 Position 1
Council Member Dr. D’ Andre Jones Council Member Sarah Bunch
Ward 1 Position 2 Ward 3 Position 2
Council Member Sarah Moore Council Member Teresa Turk
Ward 2 Position 1 Ward 4 Position 1
Council Member Mike Wiederkehr
Ward 2 Position 2
Council Member Min. Monique Jones
Ward 4 Position 2
Mayor Molly Rawn
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
City of Fayetteville Arkansas
City Council Meeting
June 16, 2026
A meeting of the Fayetteville City Council was held on June 16, 2026 at 5:30 p.m. in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Mayor Rawn called the meeting to order.
Present: Council Members Robert B. Stafford, D’Andre Jones DHA, Sarah Moore, Mike
Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Minister Monique Jones, Mayor Molly
Rawn, Senior Assistant City Attorney Blake Pennington, Deputy City Clerk Treasurer Courtney
Spohn, Chief of Staff Keith Macedo, Chief Financial Officer Steven Dotson, Staff, Press and
Audience.
Pledge of Allegiance
Mayor’ s Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports, and Discussion Items:
Council Member Wiederkehr read the Nominating Committee Report as presented.
Council Member Min. Jones moved to approve the Nominating Committee Report.
Council Member Bunch seconded the motion. Upon roll call the motion passed
unanimously.
The Nominating Committee Report was approved.
113 West Mountain Fayetteville, AR 72701 ( 479) 575-8323 www.fayetteville-ar.gov
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
City Council Meeting Minutes
June 16, 2026
Page 2 of 12
Agenda Additions: None
Consent:
Approval of the June 2, 2026 City Council Meeting Minutes.
Approved.
Purchase of Petroleum-Based Oils and Lubricants: A resolution to approve the purchase of
petroleum based products and lubricants on an as needed basis from various vendors and in
various quantities in excess of $40,000.00 through December 31, 2026, within the approved
budget.
Resolution 141-26 as recorded in the office of the City Clerk
Purchase of a Walk-behind Trench Roller with Attachments for the Water & Sewer Department:
A resolution to approve the purchase of a trench roller with attachments from G W Van Keppel
Company in the total amount of $45,000.08, pursuant to a Sourcewell Cooperative purchasing
contract, plus any applicable surcharges, freight charges, or delivery fees up to 10% of the
original purchase price, and to approve a budget amendment.
Resolution 142-26 as recorded in the office of the City Clerk
Excavator Replacement through JA Riggs Tractor Co.: A resolution to approve the purchase of
one excavator and attachments in the total amount of $104,726.81 from JA Riggs Tractor Co.,
pursuant to a Sourcewell Cooperative Purchasing Contract, plus any applicable surcharges,
freight charges, and delivery fees up to 10% of the original purchase price.
Resolution 143-26 as recorded in the office of the City Clerk
Water & Sewer Department Work Truck Replacement: A resolution to approve the purchase of
one Ford F150 Hybrid from Olathe Ford Lincoln in the amount of $53,593.06, pursuant to a
Sourcewell Cooperative purchasing contract, plus any applicable surcharges, freight charges, and
delivery fees up to 10% of the original purchase price.
Resolution 144-26 as recorded in the office of the City Clerk
Purchase of One Set of Mobile Traffic Signals for the Water Sewer Department: A resolution to
approve the purchase of portable traffic signals from OMJC Signal Inc. in the total amount of
65,696.47, pursuant to a Buyboard Cooperative Purchasing Contract, plus any applicable
surcharges, freight charges, title, licensing or delivery fees up to 10% of the original purchase
price, and to approve a budget amendment.
Resolution 145-26 as recorded in the office of the City Clerk
113 West Mountain Fayetteville, AR 72701 ( 479) 575-8323 www.fayetteville-ar.gov
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
City Council Meeting Minutes
June 16, 2026
Page 3 of 12
Southern Brothers Construction, LLC: A resolution to award Bid 26-30 and authorize a contract
with Southern Brothers Construction, LLC in the amount of $1,209,824.00 for construction of an
electrical switchgear facility at the Paul R. Noland Water Resource Recovery Facility, and to
approve a project contingency in the amount of $120,982.40.
Resolution 146-26 as recorded in the office of the City Clerk
Hawkins-Weir Engineers, Inc. (Amendment No. 1): A resolution to approve Amendment No. 1
to the Professional Engineering Services agreement with Hawkins-Weir Engineers, Inc. in an
amount not to exceed $ 195,220.00 for additional services associated with the Noland Water
Resource Recovery Facility Primary Switchgear Improvements Project.
Resolution 147-26 as recorded in the office of the City Clerk
Kessler Phase 3 Improvements -Design Contract: A resolution to award RFQ #26-01 Selection
6 and authorize a contract with Garver, LLC in an amount not to exceed $ 373,000.00 to provide
design and construction administration services for Kessler Mountain Regional Park Phase 3
Improvements, and to approve a project contingency in the amount of $27,000.00.
Resolution 148-26 as recorded in the office of the City Clerk
HWY 112/Garland Supplemental Agreement # 2: A resolution to approve the second supplement
to the Agreement of Understanding with the Arkansas Department of Transportation for the
Highway 112 Poplar Street to Drake Street project to accept federal-aid funding in the amount of
500,000.00 with a required city match of $125,000.00, and to approve a budget amendment.
Resolution 149-26 as recorded in the office of the City Clerk
Millsap & College Intersection Improvements -Black Hills Utility Work Agreement: A
resolution to approve an agreement with Black Hills Energy Arkansas, Inc. in the amount of
302,040.00 for utility relocations associated with the Millsap Road and College Avenue
Intersection Improvement project, to approve a project contingency in the amount of $17,960.00,
and to approve a budget amendment in the amount of $320,000.00.
Resolution 150-26 as recorded in the office of the City Clerk
On-call Drainage Design Services Contract through June 30, 2027: A resolution to award RFQ
26-01 Selection # 4 and authorize the purchase of on-call drainage design services from Burns &
Mcdonnell Engineering Co, Inc., Hawkins-Weir Engineers, Inc. and Olsson Associates, Inc. as
needed through June 30, 2027, within the approved budget.
Resolution 151-26 as recorded in the office of the City Clerk
Contract Amendment with Olsson for Railroad Crossing Elimination Grant Application
Preparation: A resolution to approve Amendment No. 1 to the contract with Olsson, Inc. in the
113 West Mountain Fayetteville, AR 72701 ( 479) 575-8323 www.fayetteville-ar.gov
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
City Council Meeting Minutes
June 16, 2026
Page 4 of 12
amount of $25,000.00 for grant application services for the Railroad Crossing Elimination
Program.
Resolution 152-26 as recorded in the office of the City Clerk
City Hall Elevator Modernization Project: A resolution to amend Resolution 67-26 for the City
Hall elevator contract with Otis Elevator to provide for the payment of sales taxes, and to
increase the project contingency to $20,000.00.
Resolution 153-26 as recorded in the office of the City Clerk
Drake Field -Terminal Modernization Plan: A resolution to authorize staff to proceed with the
Drake Field Airport Terminal Modernization project in the amount of $200,000.00, to approve
the purchase of furniture in the amount of $157,035.74 from the Norman Company, Inc. pursuant
to TIPS and Omnia Cooperative Purchasing contracts, and to approve a budget amendment.
Resolution 154-26 as recorded in the office of the City Clerk
Purchase of Air Compressor and Fill Station Parts for Fire Station: A resolution to approve the
purchase of an air compressor and fill station parts from Siddons-Martin in the total amount of
61,036.64 pursuant to a Houston-Galveston Area Council Cooperative Purchasing Contract.
Resolution 155-26 as recorded in the office of the City Clerk
FY 2025 Staffing for Adequate Fire and Emergency Response ( SAFER) Grant Program -
Approval to Apply: A resolution to authorize an application for a Staffing for Adequate Fire and
Emergency Response ( SAFER) Grant in the amount of $1,848,461.00 to hire 12 full-time
firefighters.
Resolution 156-26 as recorded in the office of the City Clerk
Buddy Hayes Park Property Acquisition: A resolution to approve a land sale agreement with
Tommie Flowers Davis for the purchase of property adjacent to Buddy Hayes Park in the amount
of $52,500.00, to approve a contingency in the amount of $10,000.00, and to approve a budget
amendment.
Resolution 157-26 as recorded in the office of the City Clerk
Council Member Berna moved to accept the Consent Agenda as presented. Council
Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously.
Public Hearing:
113 West Mountain Fayetteville, AR 72701 ( 479) 575-8323 www.fayetteville-ar.gov
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
City Council Meeting Minutes
June 16, 2026
Page 5 of 12
Private Club Application for Oxbow: An ordinance to approve the application of Motelier
Fayetteville, LLC, d/b/a Oxbow for a permit to operate the Oxbow as a private club in the City of
Fayetteville at 2980 North College Avenue.
Senior Assistant Blake Pennington read the ordinance.
Fayetteville Police Chief Mike Reynolds presented on the item. A new full service hotel, the
Overland Hotel, would be featuring a branded coffee and cocktail bar called Oxbow. It was
located at 2980 North College Ave. The applicant was requesting the permit from the Arkansas
Alcohol Beverage Control Board. He went on to review Arkansas state statute 39-222, which
required the City Council first approve application via ordinance before any establish can operate
as a private club or obtain a permit. The Fayetteville Police Department did not have any
objections the application.
Council Member Moore asked if the applicants had operated similar establishments in
Fayetteville. Police Chief Mike Reynolds defaulted to the applicant to answer.
Applicant Charles Mackey stated the Overland Hotel, was a full service hotel that would
feature Oxbow, a branded coffee and cocktail bar. The property consisted of four buildings; a
lobby with the attached coffee and cocktail bar, a gym fitness wellness building and two
accommodation buildings. The hotel was an exterior corridor hotel and would operate with the
guest rooms directly accessing the courtyard. The hotel would be independent but fully operated
by a large hotel management company, Hotel Equities. The gym would not allow alcohol, as no
food or beverages were allowed within the fitness building and there would be signs on the
property showing the bounds for an alcoholic beverage.
Council Member Dr. Jones asked if the applicant operated any other hotels in the area. Charles
stated they did not and mainly operate apartment buildings. This would be their first private club.
Council Member Moore and Police Chief Mike Reynolds discussed the process for private club
permits.
Council Member Moore then called attention to a missing file that was listed in the memo but
was not available to view. Senior Deputy City Clerk Treasurer Courtney Spohn explained the file
had the applicants private information listed and she could provide the City Council with a
redacted version of the document if requested. Police Chief Mike Reynolds then added that in the
future his staff would redact sensitive information.
Council Member Min. Jones and Charles discussed the hours of operation for the both the bar
and the coffee shop.
Council Member Stafford moved to suspend the rules and go to the third and final reading.
Council Member Dr. Jones seconded the motion. Upon roll call the motion passed
unanimously.
Senior Assistant City Attorney Blake Pennington read the ordinance.
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Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 7006 as Recorded in the office of the City Clerk
Unfinished Business:
Conservation Ordinance for properties included in the Climate Pollution Reduction Grant:
An ordinance to provide for the conservation and protection of certain City-owned real property,
to establish permitted and prohibited uses; and for other purposes. At the June 2, 2026 City Council
meeting, this ordinance was left on the first reading.
Council Member Berna moved to suspend the rules and go to the third and final reading.
Council Member Turk seconded the motion. Upon roll call the motion passed unanimously.
Senior Assistant City Attorney Blake Pennington read the ordinance.
The City Council received 2 public comments regarding this ordinance.
Council Member Berna questioned statements made during public comment. Jonathan explained
staff had found a lack of potable water on the property early in the development process. Offsite
water connections existed, but they were not feasible as they required crossing other properties,
boring under Razorback Road and navigating city land with a tree preservation easement. Staff
asked the developer to submit a full development plan to evaluate the three main water access
alternatives before recommending City Council allow use of public land for a connection. In
reviewing the item, they did not find anything in the Climate Pollution Reduction Grant or
conservation easement that prevented the developer from securing water access. The conservation
easement was neutral toward the development and though it did not guarantee a water access
solution, it didn’ t block one either. Council Member Stafford added the previously mentioned was
why he asked the item be held. He stated the easement had tree preservation requirements but
noticed in his visits to property, there was not a single tree. He hoped the City Council would work
with the developer on the property in the future as the developer assured him they wanted to work
with the city make improvements.
Council Member Turk pointed to information stating that the city engineer could allow new
utility facilities when there was no practical or feasible alternative. She added that the properties
scored high on the climate resiliency score, stating the properties were very important and needed
protection and she hoped the City Council would support the item.
Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 7007 as Recorded in the office of the City Clerk
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City Council Meeting Minutes
June 16, 2026
Page 7 of 12
New Business:
VAC 2026-0006 East Cypress Lane: An ordinance to approve VAC-26-06 for property located at
1660 East Cypress Lane in Ward 3 to vacate 15.60 square feet of general utility easement.
Senior Assistant City Attorney Blake Pennington read the ordinance.
Development Services Director Jonathan Curth presented on the item. He reviewed the location
of the property and stated the request was to vacate 15.6 square feet of utility easement. He
explained that at a certain point during the homes construction, it encroached slightly on to the
easement. Staff was recommending approval, with one condition; that any damage or relocation
of existing facilities will be at the developers expense. He was available for questions.
Council Member Bunch stated she spoke with the agent who represented the property, explain the
cloud on the title did not show up on a previous survey. It was a shock to homeowner when they
went to sell the property and had to delay their sale because of it. She encourage the City Council
to vote in favor of the item.
Requester Alan Ried stated the encroachment was unbeknownst to all involved until the last
survey was done, which prompted him to bring the item to the City Council.
Council Member Berna moved to suspend the rules and go to the third and final reading.
Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
Senior Assistant City Attorney Blake Pennington read the ordinance.
Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 7008 as Recorded in the office of the City Clerk
Definition of Private Club: An ordinance to align the city’ s definition of a private club with state
law by amending § 111.02 Definitions within Chapter 111 Alcoholic Beverages.
Senior Assistant City Attorney Blake Pennington read the ordinance.
Police Chief Mike Reynolds explained the amendment was to align the Fayetteville city code
with a current Arkansas state law. The amendment would modernize the ordinance and eliminate
any inconsistencies between the city ordinance and state law.
Council Member Stafford verified the amendment was to bring the ordinance into compliance with
state law.
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Council Member Stafford moved to suspend the rules and go to the third and final reading.
Council Member Dr. Jones seconded the motion. Upon roll call the motion passed
unanimously.
Senior Assistant City Attorney Blake Pennington read the ordinance.
Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 7009 as Recorded in the office of the City Clerk
Additional Data Center Regulations: An ordinance to make Data Centers a conditional use in the
City of Fayetteville and provide for additional regulations on Data Centers by amending §
161.31 District I-2, General Industrial, § 164.27 Data Centers, § 51.001 Water Shortages, and §
51.112 Water Service and Extension Policy of the Unified Development Code, and to declare an
emergency.
Mayor Rawn affirmed the administration’ s position on the proposed legislation. State law
prohibited the city from regulating commerce or banning data centers. She was grateful to
Council Member Wiederkehr and Berna for sponsoring the legislation as they recognized the
consequences of being underprepared. It was not a business the city was trying to welcome, and
the intent was to make it more difficult for them to operate in Fayetteville. She acknowledged
Council Member Moore’ s efforts in 2023 for a need for regulations on data centers, as she
recognized the need to manage the potential.
Senior Assistant City Attorney Blake Pennington read the ordinance.
Council Member Berna explained that after the last City Council Meeting that had included
discussion on data centers and artificial intelligence, he contacted the City Attorney’ s office to
discuss potential exposure Fayetteville might face. The city did not have the authority to ban data
centers, but the City Council could establish guidelines, parameters and ordinances to better
protect citizens. He expressed appreciation for the City Attorney’ s and Development Services
offices for working as they worked tirelessly to put the legislation change together.
Council Member Wiederkehr appreciated the work of the City Attorney’ s office and staff. The
core issue was ensuring the welfare of residents while addressing concerns involving the
potential heat and noise of a data center. He felt it appropriate for the city to require a conditional
use permit process, giving the city the legal authority to enforce conditions on any business. He
did not think a data center would be built within Fayetteville due to land values. That being
noted, he felt it was advisable to be wise and be ahead of requirements rather than attempt to
backpedal.
Senior Assistant City Attorney Blake Pennington presented on the item. He explained that in
2023 the General Assembly passed the Arkansas Data Centers Act, which did not allow cities to
ban data centers outright but did allow the city enact reasonable regulations to protect the peace,
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Page 9 of 12
health and safety of residents. Prior regulations had focused on noise pollution and impacts to
surrounding properties. Since then, there had been a growth in awareness of broader issues
caused by data center developments. He incorporated suggestions from multiple Council
Members to incorporate into the newest draft of the ordinance that was sent earlier in the day.
Staff had not yet had time to fully review the proposed changes and there could still be issues
with them. He would be reviewing the ordinance while making note of the potential changes that
had not received staff review. The first change involved shifting data centers from a use by right
in I-2 General Industrial to a Conditional Use in I-2. The change would require the Planning
Commission to review with public notification and public comment. The Planning Commission
would then determine compatibility with adjacent properties, verify alignment with long range
city plans and decide if granting the permit would affect public interest. Moving the regulations
City Code Chapter 163 would establish new requirements for the Planning Commission to
review. Only 2% of Fayetteville’ s land was zoned I-2. There were new pre-approval report
requirements, including descriptions of cooling systems, verification the heat would not extend
beyond the property line, an emergency plan addressing power use effectiveness, water heat
recovery and renewable electricity generation. The report would need to include detailed
projection for water usage, wastewater discharge projections and any additional information
required to assess public interest impacts. In the new draft, it also included that applicants would
also have to provide environmental permit applications, modeling, and compliance materials
submitted to state or federal agencies. The public water utility and Beaver Water District would
both need to certify adequate current and future capacity and confirm no adverse impact to
customers. If the applicant relied on groundwater or surface water, a water feasibility study
would be required. Open loop, once through and potable water depend evaporative cooling
systems would be prohibited and onsite groundwater wells could not be the primary cooling
source. In the new draft, it required compliance with all discharge and pretreatment regulations
and allowed the utilities department to impose additional conditions. Regarding power supply,
the applicant would need documentation from the public electric utility certifying an adequate
supply and identifying any necessary transmission, generation or substation upgrades. Any
nonpublic or alternative power sources would require feasibility review. All diesel generations
would have to meet the Environmental Protection Agency Tier 4 standards. Routine generation
testing would be limited to Monday – Friday 10 am to 4pm, excluding holidays. The scheduled
generator testing required a 24 hour notice to any property owner within 1,000 feet, and
operators had to maintain a public website, submit annual emissions reports and file fuel
handling and spill response plans. In the new draft, battery storage had to serve as the primary
backup power source and the batteries had to be depleted before diesel generators could be used.
He went on explain additional requirements; a waste management plan was required before a
permit could be issued and a thermal management plan was to be prepared by an engineer. The
current noise regulations would remain unchanged. When it came to site design, he explained the
existing setbacks for I-2’ s. To address additional concerns on where a data center could be built,
he proposed adding a 1000 foot buffer from any zoning district that allowed residential uses,
adjacent or not. In addressing reporting and enforcement, the company would have to identify a
community point of contact and maintain a public website with noise verification and complaint
information. Any violations could lead to prosecution, amendment of the condition use permit or
revocation of the conditional use permit. An annual report would need to be filed with the
Planning Division and posted on their public website that covered complaints and response,
compliance certification, and copies of compliance reports filed with state and federal agencies.
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Regarding water shortages, he explained there were already 7 different activities that the Mayor
of Fayetteville could restrict when there was an impending shortage of water. Staff was
proposing to add data centers, specifically the operation of a data center cooling system that
employs the use of potable water. These regulations extended outside of the city limits, but into
Fayetteville’ s water service area. He went on to review issues that were not addressed in the
proposed legislation changes; including emergency access and fire safety regulations, cost
recovery measures, and onsite power generation requirements beyond feasibility reviews.
Council Member Stafford thanked his fellow City Council Members and staff for their work on
the item. He then questioned if an amendment could be passed for regulations that did not make
it into what was being presented. Blake stated there was an original version of the ordinance and
proposed changes that he had presented earlier in the meeting. To adopt the new version, an
amendment would need to be made. As for other changes, staff would need to vet the changes
and then reviewed by the Ordinance Review Committee. Council Member Berna suggested the
City Council pass the original ordinance and then move forward with the Ordinance Review
Committee to address including more regulations with staff. Passing the ordinance as originally
intended gave the city significant protections it didn’ t have already. Council Member Bunch was
also in favor of passing the item but expressed concern on the possibility of a data center coming
to Fayetteville that met the original requirements when the new regulations weren’ t adopted yet.
Blake explained that if the proposed ordinance was approved, it would create a conditional use
permit requirement and go to the Planning Commission, which was a discretionary review. There
was no automatic approval.
Council Member Dr. Jones asked Development Services Director Jonathan Curth how long it
would take him and his staff to review the potential additions adding that he agreed that the
original version should be passed at the meeting and then amendments made in the future.
Jonathan explained it depended on what was being asked but thought staff could be prepared by
the second meeting July.
Council Member Moore felt the conversation around data centers had evolved since her 2023
ordinance and she believed Fayetteville would need to address many regulation over time. She
acknowledged the pressure of timelines, staff workload and the possibility of sending the
ordinance through the Ordinance Review Committee, but stated if some were passed now or
after, the City Council would continue revisiting the issue. There were many moving parts and
the ordinance being voted on would not be the end of the discussion.
Council Member Berna stated one amendment that could be passed was in regard to the 1000
foot buffer that Blake had explained. Development Services Director Jonathan Curth went on to
explain the significance of that amendment.
Council Member Berna moved to amend to add “ A 1,000 foot buffer shall be maintained
between the data center and any zoning district that permits residential uses, whether
adjoining the data center or not. In no event shall any data center building be located within
1000 feet of any zoning district that permits residential uses.” Council Member Turk
seconded the motion. Upon roll call the motion passed unanimously.
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The City Council received 2 public comments regarding this ordinance.
Council Member Turk stated the issue was complex, constantly evolving and shaped by rapid
technological change. She believed it would be helpful for the City Council to pass the ordinance
and then move quickly to schedule an Ordinance Review Committee meeting. She stated the
importance of understanding all the details to avoid unintended consequences and to give the issue
significant thought. She felt it would be helpful to the Ordinance Review Committee if the City
Attorney’ s office sent out recommendations from staff and the public to allow thought ahead of
time.
Council Member Bunch and Blake discussed if the city could require businesses produce all of
their energy by solar. Blake was not sure and would look into it. Council Member Wiederkehr
verified with Blake that the city could disconnect water as a consequence of error.
Council Member Moore was in favor of voting on the item and expressed hope that the City
Council would continue to explore what was missing from the legislation. She felt there needed to
be regulations around micro-climate impacts and she felt strongly about emergency access and fire
regulations. She reviewed additional concerns she would like to see addressed and why, adding
that she was thankful the regulations were being addressed and that Fayetteville would have more
stringent standards. She stressed the importance of water for the Fayetteville area and encouraged
citizens to send in information they want to be considered, adding that Fayetteville was always
better when more voices were in the conversation.
Council Member Berna would work with the Ordinance Review Committee members to
potentially set a meeting for the following week. He would like for them to focus on the proposals
that City Council Members made in Blake’ s presentation and then branch to other ideas.
Council Member Stafford appreciated the conversation and felt it was off to a great start. He
agreed with the 1,000 foot amendment but added that sometimes 1000 feet wasn’ t far enough
away. His hope was to make the data center requirements an “ arduous pain” so that Fayetteville
wouldn’ t have to live with the reality of one being built.
Council Member Berna moved to suspend the rules and go to the third and final reading.
Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
Senior Assistant City Attorney Blake Pennington read the ordinance.
Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 7010 as Recorded in the office of the City Clerk
Council Member Moore moved to approve the emergency clause. Council Member Bunch
seconded the motion. Upon roll call the motion passed unanimously.
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City Council Meeting Minutes
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Page 12 of 12
Announcements:
Chief of Staff Keith Macedo announced that Friday, Juneteenth, city offices would be closed.
There would be no change to recycling routes or the transfer station. There were various events
around Fayetteville to celebrate Juneteenth, including an event on June 20th in the Upper Ramble.
Mayor Rawn announced there would not be a meeting the following Tuesday as there were five
Tuesdays in June.
City Council Agenda Session Presentations: None
City Council Tour: None
Adjournment: 7:04 p.m.
Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer
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Appointment Recommendations
June 16, 2026
The following candidates are recommended for appointment.
Animal Services Advisory Board
Dr. Jessie Hargis. Veterinarian Professional term ending June 30, 2028.
Aaron Eng. Member at Large term ending June 30, 2029.
Jan Hixson. Member at Large term ending June 30, 2029.
Environmental Action Committee
Ben Davis. Science Discipline term ending June 30, 2029.
Mahboobeh ( Mary) Hemmati. Resident at Large term ending June 30, 2029.
Food Commission
Wannalitha Anderson. Resident Impacted by Food Insecurity term ending March 31, 2028.
Catherine Kabasia. Resident Impacted by Food Insecurity term ending March 31, 2027.
Ashley Utsey. Resident Impacted by Food Insecurity term ending March 31, 2027.
Historic District Commission
No recommendation.
Walton Arts Center Council
Mark Kinion. Resident at Large term ending June 30, 2029.
Joel Freund. Resident at Large term ending June 30, 2029.
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
City Council Final Agenda
Tuesday, July 7, 2026
5:30 PM
City Hall Room 219
City Council Members
Council Member Robert B. Stafford Ward 1
Council Member Dr. D'Andre Jones Ward 1
Council Member Sarah Moore Ward 2
Council Member Mike Wiederkehr Ward 2
Council Member Scott Berna Ward 3
Council Member Sarah Bunch Ward 3
Council Member Teresa Turk Ward 4
Council Member Min. Monique Jones Ward 4
Mayor Molly Rawn
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
City Council Meeting Final Agenda July 7, 2026
City of Fayetteville, Arkansas page 2
Meeting Information:
1. Webinar ID: 878 9016 0967
Public Registration Link: https://fayetteville-ar.zoom.us/webinar/
register/WN_UqdAqSshQfG61sWTqba2uA
Public Comment:
1. You may submit a public comment regarding an upcoming City Council agenda
item using the below options:
1) You can email your comment to AgendaItemComment@fayetteville-ar.gov
2) You can attend the meeting in person and speak during the public comment
period on the item.
3) You can attend the meeting via Zoom and raise your virtual hand during the
public comment period on the item.
Call to Order
Roll Call
Pledge of Allegiance
Mayor' s Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items
1. Sales Tax & Monthly Financial Report - Chief Financial Officer
Proposed Agenda Additions
A. Consent
A.1. Approval of the June 16, 2026 City Council Meeting Minutes
A.2. Large Commercial Grade Mower Replacements for Parks Maintenance
through Professional Turf Products, L.P.:
A resolution to approve the purchase of two commercial mowers from
Professional Turf Products, L.P. in the total amount of $205,512.92, pursuant to
a Sourcewell Cooperative Purchasing Contract, plus any applicable surcharges,
freight charges, or delivery fees up to 10% of the original purchase price. (2026-
1852)
City Council Meeting Final Agenda July 7, 2026
A.3. Bid #26-37 Millsap & College Int. Improvements:
A resolution to award Bid 26-37 and authorize a contract with APAC-Central, Inc.
in the amount of $3,568,811.20 for construction of the Millsap Road and College
Avenue Intersection and North Hemlock Avenue Project, to approve a project
contingency in the amount of $357,000.00, to authorize acceptance of a Surface
Transportation Block Grant in the amount of $3,600,000.00 awarded by the
Northwest Arkansas Planning Commission, and to approve a budget
amendment. (2026-2044)
A.4. Millsap & College Intersection -Supplemental Agreement #1:
A resolution to approve Supplemental Agreement No. 1 to the contract with
Burns & McDonnell Engineering Company, Inc. in the amount of $93,785.00 for
additional engineering services associated with the Millsap Road & College
Avenue Intersection and Hemlock Avenue Improvement Project. (2026-2045)
A.5. Authorization for Mayor to Sign Tender Agreement for Bryce Davis Park
Phase I Improvements:
A resolution to waive competitive bidding and authorize a tender agreement with
U.S. Specialty Insurance Company and ACS Playground Adventures to transfer
project completion responsibilities for phase 1 improvements for Bryce Davis
Park to ACS Playground Adventures, to authorize additional contract days to
complete work, and to approve a budget amendment. (2026-2068)
A.6. Mission Boulevard Sidewalk Bid Award:
A resolution to award Bid 26-36 and authorize a contract with Milestone
Construction Company in the amount of $178,997.00 for construction of a
sidewalk along the north side of Mission Boulevard from Libby Lane to Winwood
Drive, to approve a project contingency in the amount of $17,000.00, and to
recognize revenue in the amount of $50,000.00 from the Whistler Woods
Subdivision Property Owners Association, and to approve a budget amendment.
2026-2003)
A.7. Deed of Declaration First Amendment for Parcel 765-14855-001:
A resolution to approve Amendment No. 1 to the Deed of Declaration associated
with city-owned parcel 765-14855-001. (2026-1984)
A.8. Adoption of a City of Fayetteville-University of Arkansas Memorandum of
Understanding:
A resolution to approve a Memorandum of Understanding with the University of
Arkansas that establishes maintenance responsibilities on certain roadways and
sidewalks through and adjacent to University of Arkansas properties. (2026-
1978)
A.9. Sale of City Property to Reindl Properties:
A resolution pursuant to § 34.27(E) Sale of Municipally Owned Real Property of
the Fayetteville City Code to authorize the Mayor to sell approximately 477
City of Fayetteville, Arkansas page 3
City Council Meeting Final Agenda July 7, 2026
square feet of property in the south end of the Ramble Civic Plaza to Reindl
Properties, Inc. for the amount of $24,665.00, and to approve a budget
amendment. (2026-2150)
B. Public Hearing
B.1. Raze and Removal of a Dilapidated Structure Located at 320 W Ila St.:
A resolution to order the razing and removal of a dilapidated and unsafe
structure on property owned by Steven and Cynthia Parette located at 320 West
Ila Street in Ward 2 in the City of Fayetteville, Arkansas. (2026-2143)
B.2. Raze and Removal of a Dilapidated Structure Located at 3582 N Hwy 112:
A resolution to order the razing and removal of a dilapidated and unsafe
structure on property owned by GRL 112 LLC located at 3582 North Highway
112 in Ward 2 in the City of Fayetteville, Arkansas. (2026-2144)
C. Unfinished Business
C.1. Raze and Removal of a Dilapidated and Unsafe Structure at 848 N. Jackson
Dr.:
A resolution to order the razing and removal of a dilapidated and unsafe
structure on property owned by Born In a Barn, Inc. located at 848 North
Jackson Drive in the City of Fayetteville, Arkansas. (2026-1194)
At the April 21, 2026 City Council meeting, this resolution was tabled to the June
2, 2026 City Council meeting.
At the June 2, 2026 City Council meeting, this resolution was tabled to the July
7, 2026 City Council meeting.
D. New Business
D.1. VAC 2026-0005 West Cactus Place:
An ordinance to approve VAC-26-05 for property located at 4307 West Cactus
Place in Ward 1 to vacate 239 square feet of general utility easement. (2026-
2024)
D.2. RZN 2026-0015 NW of N. Deane Solomon Rd. & W. Vanike Dr.:
An ordinance to rezone the property described in Rezoning Petition RZN 2026-
15 for approximately 36.2 acres northwest of North Deane Solomon Road and
West Vanike Drive in Ward 4 from RSF-4, Residential Single-Family, Four (4)
Units Per Acre and CPZD, Commercial Planned Zoning District, to RMF-12,
Residential-Multi Family, 12 Units Per Acre and RSF-8, Residential Single-
Family, Eight (8) Units Per Acre. (2026-1944)
City of Fayetteville, Arkansas page 4
City Council Meeting Final Agenda July 7, 2026
D.3. RZN 2026-0016 East Mission Boulevard:
An ordinance to rezone the property described in Rezoning Petition RZN 2026-
16 for approximately 2.5 acres located at 1905 East Mission Boulevard in Ward
3 from C-1, Neighborhood Commercial and RSF-4, Residential Single-Family,
Four Units Per Acre, to CS, Community Services. (2026-2023)
D.4. RZN 2026-0017 North Old Wire Road:
An ordinance to rezone the property described in Rezoning Petition RZN 2026-
17 for approximately 3.53 acres located at 3105 North Old Wire Road in Ward 3
from RSF-4, Residential Single-Family, Four Units Per Acre, to P-1, Institutional.
2026-2022)
D.5. Sales and Use Tax Bonds (Issuance Authorization):
An ordinance authorizing the issuance and sale of the City’s not to exceed
191,220,000 of Sales and Use Tax Capital Improvement and Refunding Bonds,
Series 2026, for the purpose of financing all or a portion of the costs of certain
water and wastewater system, parks system, animal services, trails,
transportation, sustainability, aquatics/recreation center and fire department
facilities and improvements and for the purpose of refunding the City’s
outstanding sales and use tax capital improvement bonds; authorizing the
execution and delivery of a trust indenture pursuant to which the bonds will be
issued and secured; authorizing the execution and delivery of an official
statement pursuant to which the bonds will be offered; authorizing the execution
and delivery of a bond purchase agreement providing for the sale of the bonds;
authorizing the execution and delivery of a continuing disclosure agreement;
authorizing the execution and delivery of an escrow deposit agreement providing
for the defeasance and redemption of the City’s outstanding sales and use tax
capital improvement bonds; prescribing other matters relating thereto; and
declaring an emergency. (2026-2002)
D.6. An Ordinance to Promote Transparency:
An ordinance prohibiting the City of Fayetteville from entering into nondisclosure
agreements that restrict disclosure of public records or public business beyond
that authorized by law, and to declare an emergency. (2026-2142)
E. City Council Tour
E.1. Agenda Item D.2: RZN 2026-0015 NW of N. Deane Solomon Rd. & W. Vanike
Dr.:
Date & Time: July 6th, 2026 at 4:30 PM.
Address: Meet at the trail at Vanike and N. Deane Solomon.
Parking: Street parking is available on Vanike.
City of Fayetteville, Arkansas page 5
City Council Meeting Final Agenda July 7, 2026
City of Fayetteville, Arkansas page 6
F. Announcements
F.1. Board, Committee & Commission Vacancies Advertisement:
The Office of the City Clerk Treasurer is accepting applications for board,
committee and commission vacancies. Applications must be submitted by 5:00
p.m. on Friday, July 24, 2026.
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may appear and address the City Council on Unfinished Business, New
Business, and Public Hearings at City Council meetings. If you wish to address the City Council
on an agenda item, please wait for the Mayor or Chair to request public comment. When the
Mayor or Chair recognizes you, please start your public comment by giving your name and
address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct
your comments to the appropriate elected officials, staff, or others for response. Keep your
comments respectful, brief, to the point, and relevant to the agenda item being considered.
Each speaker from the public will be allowed one turn to speak for discussion of an agenda
item.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council
pertaining to City Council meetings:
Agenda Additions: A new item which is requested to be added to the agenda at a City Council
meeting should only be considered if it requires immediate City Council consideration and if the
normal agenda setting process is not practical. The City Council may only place such new item
on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda
addition shall be heard prior to the Consent Agenda.
Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group
without discussion by the City Council. If a Council Member wishes to comment upon or discuss
a Consent Agenda item that item shall be removed and considered immediately after the
Consent Agenda has been voted upon.
Unfinished Business and New Business:
Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if
an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant
city contractor, rezoning or development applicant, appellant from a final decision of the Planning
Commission or City Staff, etc.) may present its proposal only during this presentation period but
may be recalled by a Council Member later to answer questions. City staff, Council Members and
applicants may use electronic visual aids in the City Council meeting as part of the presentation of
the agenda item. City staff’s presentation and an Applicant’s presentation whether presented by
one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the
City Council by unanimous consent or majority vote allows additional time.
Public Comments: Public comment at a City Council meeting shall be allowed on all items of
unfinished and new business and subjects of public hearings. Amendments may receive public
comments only if approved by the City Council by unanimous consent or majority vote. Speakers
City Council Meeting Final Agenda July 7, 2026
present in the City Council Chambers shall be recognized before speakers participating by
electronic means. Speakers shall be limited to a maximum of three ( 3) minutes to discuss the
agenda item or amendment being considered by the City Council. The City Council may allow a
speaker additional time by unanimous consent or majority vote. As part of a person’ s public
comments allowed above, the speaker may use electronic visual aids during their three ( 3) minutes
presentation period concerning the agenda item being considered by the City Council.
Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the
utmost courtesy and respect to each other at all times. All shall refrain from comments that are
harassing or amount to a personal attack against any identifiable individual including abusive
comments and derogatory remarks about integrity or offer any other comments that are also not
limited to the discussion of the specific agenda item being considered by the City Council. Any
member of the public who violates these standards shall be ruled out of order by the Mayor, must
immediately cease speaking and shall leave the podium.
Cell Phones and Pagers: Cell phones must be turned off or put in silent mode and not used within
the City Council Chambers during City Council meetings. Pagers must be turned off or put in silent
mode within the City Council Chambers during City Council meetings. These restrictions also apply
during Agenda Sessions.
Smoking Prohibited: There will be no smoking allowed in the City Council Chambers during City
Council meetings.
Interpreters or Telecommunications Devices for the Deaf ( TDD), for hearing impaired are available
for all City Council meetings, a 72-hour advance notice is required. For further information or to
request an interpreter, please call 479-575-8330.
A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov
or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas ( 479) 575-8323.
City of Fayetteville, Arkansas page 7
CITY COUNCIL MEMO
2026-1852
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Terry Gulley, Asst Public Works Director -Ops
FROM: Ross Jackson, Fleet Operations Superintendent
SUBJECT: Large commercial grade mower replacements for Parks Maintenance through
Professional Turf Products, L.P.
RECOMMENDATION:
A RESOLUTION TO APPROVE THE PURCHASE OF TWO COMMERCIAL MOWERS IN THE AMOUNT OF
205,512.92 FROM PROFESSIONAL TURF PRODUCTS, L.P. PURSUANT TO A SOURCEWELL
COOPERATIVE PURCHASING CONTRACT (112624-TTC) PLUS ANY APPLICABLE SURCHARGES,
FREIGHT CHARGES AND DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE.
BACKGROUND:
5067 (PRKS_F060) 2016 Toro GM-4000D has surpassed its expected service life of 6 years.
5082 (PRKS_F047) 2017 Toro GM-4000D has surpassed its expected service life of 6 years.
DISCUSSION:
The proposed purchase of Toro Groundsmaster mowing equipment will continue the City’s ongoing operational
improvement efforts by replacing existing units with the same proven OEM platform currently utilized within
operations. The Groundsmaster utilizes an approximate 11-foot mowing width compared to the 60-inch cutting
width of the City’s Hustler mower platforms, allowing significantly more acreage to be maintained in less time
while reducing labor hours and overall equipment runtime.
The Groundsmaster platform is designed specifically for heavy-duty municipal operations involving large open
areas, uneven terrain, and extended daily use, providing improved durability, stability, and reliability for City
mowing operations.
Additionally, the proposed units include operator cooling fans integrated into the canopy system to improve
operator comfort and safety during extreme summer temperatures. Enhancing operator working conditions
helps reduce heat-related fatigue while supporting employee wellbeing, retention, and recruitment efforts in
demanding outdoor work environments.
BUDGET/STAFF IMPACT:
These assets are fiscal year 2026 budgeted replacements, sufficient funds have been budgeted within the fleet
fund.
ATTACHMENTS: 3. Staff Review Form, 4. Quote $205,512.93, 5. Price Hold
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-1852
A RESOLUTION TO APPROVE THE PURCHASE OF TWO COMMERCIAL MOWERS
FROM PROFESSIONAL TURF PRODUCTS, L.P. IN THE TOTAL AMOUNT OF $205,512.92,
PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, PLUS ANY
APPLICABLE SURCHARGES, FREIGHT CHARGES, OR DELIVERY FEES UP TO 10% OF
THE ORIGINAL PURCHASE PRICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of
two commercial mowers from Professional Turf Products, L.P. in the total amount of $205,512.92,
pursuant to a Sourcewell cooperative purchasing contract, plus any applicable surcharges, freight
charges, or delivery fees up to 10% of the original purchase price.
Page 1
City of Fayetteville Staff Review Form
2026-1852
Item ID
6/ 16/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Ross Jackson 5/ 18/ 2026 FLEET OPERATIONS ( 770)
Submitted By Submitted Date Division / Department
Action Recommendation:
A RESOLUTION TO APPROVE THE PURCHASE OF TWO COMMERCIAL MOWERS IN THE AMOUNT OF $ 205, 512. 92
FROM PROFESSIONAL TURF PRODUCTS, L.P. PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT
112624-TTC) PLUS ANY APPLICABLE SURCHARGES, FREIGHT CHARGES AND DELIVERY FEES UP TO 10% OF THE
ORIGINAL PURCHASE PRICE.
Budget Impact:
9700. 770. 1920- 5802. 00 SHOP
Account Number Fund
97001. 2250. 521 Fleet Replacements-Parks
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 422, 511. 00
Expenses ( Actual+ Encum)$ 11.18
Available Budget $ 422, 499. 82
Does item have a direct cost? Yes Item Cost $ 205, 512. 92
Is a Budget Amendment attached? No Budget Amendment $-
Remaining Budget $ 216, 986. 90
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
top
Ship To
Bill To
Contact
Address
x
y
Phone
Email
Comments
Qty
toro eq.
2
16
2
2
2
2
1
machine
endmachine
add
Subtotal
Destination
Tax
Total
fin
Comments:
bottom
Professional Turf Products,
2201 N Beech Ave
Broken Arrow, Ok 74012
Derrick Trotter
682) 416-1905
trotterd@proturf. com
City of Fayetteville
SOURCEWELL ( CONTRACT # 112624)
Ross Jackson
1525 S Happy Hollow Rd
Fayetteville, AR 72701
479) 879-6221
rjackson@fayetteville-ar.gov
L.P.
Date 5/ 18/ 2026
Estimated Tax Rate
Destination
Trade-In
Finance
Account Type CONTRACT
CPQ: ID 04520061
Sourcewell Cooperative Contract #112624 -TTC ; City of Fayetteville ID #34143. Applicable Property
and Sales Tax Not Included. Quote inclusive of equipment setup & delivery to the Fayetteville, AR address
identified. Sourcewell Pricing: 22% OFF MSRP.
Model #
30609
93-5974
30669
03247
03248
44967
DEST
Proposal
Description
Toro Groundsmaster 4000-D (T4)$
8 Inch Foam Filled Caster Wheel Assembly $
Universal Sunshade, White $
Operator Cooling Fan $
Universal Sunshade Switch Panel $
MVP Kit 1000 Hour ( PX Hydraulic Fluid)$
Destination
Toro Groundsmaster 4000-D (T4)
SubTotal
Destination
Tax (Estimated)-$
TOTAL
MSRP Sourcewell Selling Price
198,334.44
3,285. 49
1,696.59
720. 97
577.11
898. 33
263,478.12$ $ 205,512.93
205,512.93$
INCLUDED
205,512.93$
For all New Equipment, Demo units may be available for up to 20% savings.
For all New Equipment, Refurbished units may be available for up to 40% savings.
Due to unexpected issues with much of our supply chain, we are experiencing longer lead times than we have seen in the past. We are doing
everything we can to get products to you as quickly as possible.
Terms & Conditions:
1. Prices & Finance Rates are subject to change at any time. Monthly Payments are Estimates based on Prices & Rates when quoted.
2. Due to the volatility of inflation, rising transportation costs, and supply shortages, some orders may incur additional cost increases that are
beyond the control of PTP and the vendors we represent. These pricing adjustments may be made from the time the order is entered through
equipment delivery. Any adjustments will be communicated to customers with orders in the system with a new sale price as they occur.
3. Order cancellations are subject to fees up to 10% of the original order value.
4. Equipment delivery time is estimated once credit is approved & documents are executed & is contingent on Manufacturer availability.
5. Payments by Credit Card are subject to convenience fee.
6. Used and Demo equipment is in high demand and availability is subject to change.
A. Upon firm customer commitment to purchase & credit is approved, said equipment availability will be determined.
B. In the event equipment is unavailable at time of order, PTP will employ every resource to secure an acceptable substitute.
C. PTP strongly advises the customer to issue a firm PO as quickly as possible after acceptance of quotation.
7. "Trade In Allowances" will be treated as a credit for future parts purchases on PTP account unless other arrangements have been made.
Returns Policy:
1. All returns & Canceled PO' s are subject to restocking, refurbishing, usage, and shipping fees.
2. All returns must be able to be sold as new.
Confidential Property of Professional Turf Products Page 1 of 2
3. Items missing parts are non returnable.
Payment:
1. Terms are net 10 unless prior arrangements have been made.
2. Quoted prices are subject to credit approval.
A. PTP will work with third party financial institutions to secure leases when requested to do so.
B. When using third party financiers, documentation fees & advance payments may be required.
C. For convenience, monthly payments are estimated based on third party rate factors in effect at time of the quotation.
D. PTP assumes no liability in the event credit becomes unavailable or rates change during the approval process.
3. There will be a service charge equal to 1.5% per month ( 18% per annum) on all past due invoices.
4. By Law we are required to file a "Notice to Owner" of our intent to file lien in the event of payment default. This notice must be sent within 60
days of the date the original invoice and will happen automatically regardless of any special payment arrangements that may have been made.
Authorized Signature: _________________________________________________________________________Date: ___________________________________________
Confidential Property of Professional Turf Products Page 2 of 2
Jackson, Ross
From:
Sent:
To:
Subject:
Derrick Trotter < trotterd@proturf. com>
Tuesday, June 2, 2026 4:05 PM
Jackson, Ross
Re: Updated Toro Proposal 5.18.26 -Professional Turf Products
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Yes sir!
Thanks,
Derrick Trotter
Professional Turf Products
682) 416-1905
From: Jackson, Ross < rjackson@fayetteville-ar.gov>
Sent: Tuesday, June 2, 2026 3:59:04 PM
To: Derrick Trotter < trotterd@proturf. com>
Cc: Jackson, Ross < rjackson@fayetteville-ar.gov>
Subject: RE: Updated Toro Proposal 5.18.26 - Professional Turf Products
Think Before You Click
This email originated outside our organization
Derrick,
I have this set to go to City Council on July 7th with a PO approximately 07/ 24/ 26. Will pricing be good through then?
Thank you,
Ross Jackson Jr., CAFM
Fleet Operations Superintendent
Fleet Operations
Public Works Department
City of Fayetteville, Arkansas
479-444-3494
rjackson@fayetteville-ar.gov
From: Derrick Trotter <trotterd@proturf. com>
Sent: Tuesday, May 19, 2026 7:53 AM
To: Jackson, Ross < rjackson@fayetteville-ar.gov>
Subject: RE: Updated Toro Proposal 5.18.26 - Professional Turf Products
1
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Mr. Jackson,
A PO works just fine. There is no need to sign the quote. We will do billing net 30 upon delivery of the 2
GroundsMasters.
I will hold pricing through the end of June – No Problem.
We greatly appreciate the opportunity to quote. I’m here to support City of Fayetteville with current/ future Toro
commercial equipment. Always give me a ring when you have any questions or concerns! I also have some customer
events coming up soon that I’ll keep you and your team posted about.
Thanks!
Derrick Trotter
Professional Turf Products
682) 416-1905
From: Jackson, Ross < rjackson@fayetteville-ar.gov>
Sent: Monday, May 18, 2026 3:16 PM
To: Derrick Trotter <trotterd@proturf. com>
Subject: RE: Updated Toro Proposal 5.18.26 - Professional Turf Products
Think Before You Click
This email originated outside our organization
Derrick,
Will you accept a PO in lieu of signature? Also we typically operate off of a net 30. Once a PO is issued, equipment will
arrive and we will have 30 days from signing of sales docs and delivery to issue payment.
Please let me know if this is acceptable.
Lastly, I plan to put this on the City Council Agenda for June 16th agenda pending first, internal approvals then city
council final approval. Will you be able to hold the current quoted price through the end of June which would be the
latest a PO could be approved?
Thank you,
Ross Jackson Jr., CAFM
Fleet Operations Superintendent
Fleet Operations
Public Works Department
City of Fayetteville, Arkansas
479-444-3494
rjackson@fayetteville-ar.gov
2
From: Derrick Trotter < trotterd@proturf. com>
Sent: Monday, May 18, 2026 2:49 PM
To: Jackson, Ross < rjackson@fayetteville-ar.gov>
Subject: Updated Toro Proposal 5.18.26 -Professional Turf Products
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Mr. Jackson,
Thanks for reaching out. Please see attached updated quote
I added a 2nd Toro GM4000D
All Sourcewell account numbers are in the Comments Section
Sourcewell discount percentage is in the Comments Section
I included Toro’ s MSRP final price
I included City of Fayetteville’ s Sourcewell discounted final price highlighted in yellow
Please let me know if you have any questions or concerns. I’m more than happy to help!
Thanks,
Derrick Trotter
Professional Turf Products
682) 416-1905
To help protect your priv acy, Microsoft Office prevented automatic download of this picture
from the Internet.
Professional Turf Products
Derrick Trotter | Golf & Grounds Account Executive
004702 Broken Arrow Commercial
817-785-1900 | c: | www.proturf.com
To help protect your priv acy, Microsoft Office prevented automatic download of this picture
from the Internet.
Professional Turf Products
Derrick Trotter | Golf & Grounds Account Executive
004702 Broken Arrow Commercial
817-785-1900 | c: | www.proturf.com
3
To help protect your priv acy, Microsoft Office prevented automatic download of this picture
from the Internet.
Professional Turf Products
Derrick Trotter | Golf & Grounds Account Executive
004702 Broken Arrow Commercial
817-785-1900 | c: | www.proturf.com
4
CITY COUNCIL MEMO
2026-2044
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
Justin Bland, City Engineer
FROM: Paul Libertini, Staff Engineer
SUBJECT: Bid #26-37 Millsap Rd & College Ave Intersection Improvements – APAC-Central, Inc.
Construction Contract Award
RECOMMENDATION:
A Resolution to award Bid #26-37 and authorize a contract with APAC-Central, Inc. in the amount of
3,568,811.20 for the construction of the Millsap Rd & College Ave Intersection and N. Hemlock Ave project,
approve a project contingency of $357,000, recognize $3,600,000 of Surface Transportation Block Grant
Program – Attributable (STBGP-A) funds awarded by the Northwest Arkansas Regional Planning Commission
NWARPC), and approve a Budget Amendment.
BACKGROUND:
This project includes improvements to Millsap Road near the intersection with College Avenue. The
improvements to Millsap Road include an additional lane west of College Avenue to provide additional left
turning capacity, realignment of lanes on both sides of College Avenue, signalization timing and phasing
improvements and installation of crosswalks and pedestrian signals. It also includes new construction of the
continuation of a 2-lane N. Hemlock Ave. from Sain St. to Millsap Rd. Lastly, relocation of water and sewer
lines to allow for the construction will be completed as part of the construction project.
The City received authorization from the Arkansas Department of Transportation ( ARDOT) to advertise this
project for construction bids on April 24, 2026. The bid opening was held on July 10, 2026.
DISCUSSION:
A total of one bid was received from APAC-Central, Inc. in the amount of $3,568,811.20. The Engineers’
opinion of probable cost was $3,321,479.75. The City has received a letter from our consultant, Burns &
McDonnell, recommending award of this contract to APAC-Central, Inc. The contract time is 360 calendar days
for final completion.
Please note that as part of the Federal-aid process, the Mayor will be submitting the required Certification
Letter to ARDOT requesting their review of the bid tabulations and concurrence in award of the contract to
APAC-Central, Inc. The actual execution of the construction agreement will occur after receipt of ARDOT
concurrence.
BUDGET/STAFF IMPACT:
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
This project is based on an Agreement of Understanding with ARDOT in which Federal-aid money will pay
80% of the contract amount and the City will pay a 20% match for the street improvements. The City will make
payments to the Contractor and then submit the required paperwork to ARDOT requesting 80%
reimbursement. The City 20% matching funds for the roadway improvements will be paid from the Street
Projects 2024 Bonds. The water and sewer relocations totaling $321,994 are not part of this 80/20 matching
grant and will be fully paid from Water and Sewer funds.
ATTACHMENTS: 3. Staff Review Form, 4. Budget Amendment, 5. NWARPC STBGP-A Award Letters, 6.
Millsap-College 00500 Agreement -APAC, 7. Bid #26-37 Recommendation of Award, 8. Bid #26-37, City Bid
Tab, 9. Bid #26-37, Bid Submittal -APAC-Central, Inc, 10. Bid 26-37, City Issued Bid
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2044
A RESOLUTION TO AWARD BID 26-37 AND AUTHORIZE A CONTRACT WITH APAC-
CENTRAL, INC. IN THE AMOUNT OF $ 3,568,811.20 FOR CONSTRUCTION OF THE
MILLSAP ROAD AND COLLEGE AVENUE INTERSECTION AND NORTH HEMLOCK
AVENUE PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
357,000.00, TO AUTHORIZE ACCEPTANCE OF A SURFACE TRANSPORTATION BLOCK
GRANT IN THE AMOUNT OF $3,600,000.00 AWARDED BY THE NORTHWEST ARKANSAS
PLANNING COMMISSION, AND TO APPROVE A BUDGET AMENDMENT
WHEREAS, this project proposes improvements to Millsap Road near the intersection with College
Avenue, signalization timing and phasing improvements, installation of crosswalks and pedestrian
signals, continuation of a 2-lane North Hemlock Avenue from Sain Street to Millsap Road, and
relocation of water and sewer lines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 26-37 and
authorizes a contract with APAC-Central, Inc. in the amount of $3,568,811.20 for construction of the
Millsap Road and College Avenue intersection and North Hemlock Avenue project and further approves
a project contingency in the amount of $357,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to
sign the required Certification Letter and any other documents necessary to accept a Surface
Transportation grant in the amount of $3,600,000.00 awarded by the Northwest Arkansas Planning
Commission.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
amendment, a copy of which is attached to this Resolution.
Page 1
City of Fayetteville Staff Review Form
2026-2044
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Paul Libertini 6/ 16/ 2026 ENGINEERING ( 621)
Submitted By Submitted Date Division / Department
Action Recommendation:
A Resolution to award Bid # 26-37 and authorize a contract with APAC-Central, Inc. in the amount of $3,568, 811. 20
for the construction of the Millsap Rd & College Ave Intersection and N. Hemlock Ave Improvement project,
approve a project contingency of $357, 000, recognize $ 3,600, 000 of Surface Transportation Block Grant Program –
Attributable ( STBGP-A) funds awarded by the Northwest Arkansas Regional Planning Commission ( NWARPC), and
to approve a Budget Amendment.
Budget Impact:
4601.860.7227-5809. 00 Bond Program Grant Matching
4802.860.7227-5809. 00 Street Projects 2024 Bonds
5400.860.5600-5808. 00 Water & Sewer
Account Number Fund
46020. 7227 Streets Bond Projects -Millsap/ College Intersection Impr
11011.2019.7227 W& S Relocations -Bond Issue Projects -Millsap/ College
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 938, 100. 00
Expenses ( Actual+ Encum)$ 263, 491. 00
Available Budget $ 674, 609. 00
Does item have a direct cost? Yes Item Cost $ 3,925, 811. 20
Is a Budget Adjustment attached? Yes Budget Adjustment $ 3,496, 986. 00
451.00 Remaining Budget $ 245, 783. 80
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 66-23
Change Order Number: Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas -Budget Amendment/ Adjustment
Agenda)
Budget Year BA NumberDivision
ENGINEERING ( 621)
Org2
2026
Requestor: Paul Libertini
BUDGET AMENDMENT/ ADJUSTMENT DESCRIPTION:
A Resolution to award Bid #26-37 and authorize a contract with APAC-Central, Inc. in the amount of $3,568,811.20 for the
construction of the Millsap Rd & College Ave Intersection and N. Hemlock Ave Improvement project, approve a project
contingency of $357,000, recognize $3,600,000 of Surface Transportation Block Grant Program – Attributable (STBGP-A)
funds awarded by the Northwest Arkansas Regional Planning Commission (NWARPC), and to approve a Budget Amendment.
APAC contract = $ 3,246, 817. 20 roadway + $ 321, 994 W& S
COUNCIL DATE: 7/ 7/ 2026
ITEM ID#: 2026-2044
Holly Black 6/ 16/ 26
Budget Division Date
D - (City Council)
TYPE:
JOURNAL #:
GLDATE:
RESOLUTION/ ORDINANCE CHKD/ POSTED:/
v.496,986 3,496,986 2026611TOTAL3,
Increase / ( Decrease) Project. Sub#
Account Number Expense Revenue Project Sub. Detl AT AccountNameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION
4601. 860. 7227-4309. 00 1,300, 000 46020 7227 RE Federal Grants -Capital
4601. 860. 7227-4309. 00 1,900, 000 46020 7227 RE Federal Grants -Capital
4601. 860. 7227-4309. 00 400, 000 46020 7227 RE Federal Grants -Capital
4601.860.7227-5805.00 400,000 -46020 7227 EX Land -Acquisition
4601. 860. 7227-5809. 00 3,200, 000 -46020 7227 EX Improvements -Street
4802. 860. 7227-5805. 00 180, 000 -46020 7227 EX Land -Acquisition
4802. 860. 7227-5809. 00 775, 247 -46020 7227 EX Improvements -Street
4802.860.7227-5860.02 24,753 -46020 7227 EX Capital Prof Svcs -Engineering/ Architectural
4802. 860. 7999-5899. 00 ( 980, 000)-46020 7999 EX Unallocated -Budget
4601.860.7227-4309.00 -( 4,000) 46020 7227 RE Federal Grants -Capital
4601. 860. 7227-4309. 00 -( 99, 014) 46020 7227 RE Federal Grants -Capital
4601. 860. 7227-5809. 00 ( 4,000)-46020 7227 EX Improvements -Street
4601. 860. 7227-5860. 02 ( 99, 014)-46020 7227 EX Capital Prof Svcs -Engineering/ Architectural
4802. 860. 7227-5805. 00 ( 180, 000)-46020 7227 EX Land -Acquisition
4802. 860. 7227-5809. 00 ( 1,000)-46020 7227 EX Improvements -Street
1 of 2
X
X
Increase / ( Decrease) Project. Sub#
Account Number Expense Revenue Project Sub. Detl AT AccountNameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION
4802. 860. 7227-5860. 02 (
4802.860.7227-5809.00 (
4802. 860. 7999-5899. 00
24, 753)-
475,385)-
681, 138 -
46020
46020
46020
7227
7227
7999
EX
EX
EX
Capital Prof Svcs -Engineering/
Improvements -Street
Unallocated -Budget
Architectural
4601. 860. 7227-5809. 00 (
4601.860.7227-5911.99
4802. 860. 7227-5809. 00 (
4802. 860. 7227-5911. 99
118, 610)-
118,610 -
206, 390)-
206, 390 -
46020
46020
46020
46020
7227
7227
7227
7227
EX
EX
EX
EX
Improvements -Street
Contingency -Capital Project
Improvements -Street
Contingency -Capital Project
5400.720.5600-5808.00 (
5400. 720. 5600-5911. 99 (
5400. 860. 5600-5808. 00
5400. 860. 5600-5911. 99
94,602)
259, 392)
321, 994
32, 000
11011
11011
11011
11011
1
2102
2019. 7227
2019. 7227
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Improvements -Water Line
Contingency -Capital Project
Improvements -Water Line
Contingency -Capital Project
2 of 2
June 11, 2026
Mr. Paul Libertini, PE
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Re: Bid #26-37, Construction – Millsap Rd./ College Ave. Inters. Impvts. & N. Hemlock Ave. Impvts. -Recommendation
of Award
Dear Mr. Libertini:
Bids were received Wednesday, June 10, 2026 for the Millsap Rd./ College Ave. Inters. Impvts. & N. Hemlock Ave. Impvts.
project. A total of one bid was received from APAC-Central, Inc. with a total bid of $3,568,811.20.
A copy of the certified bid tabulation showing the completed bids is included for your reference. The engineer’s opinion
of probable construction cost for the project, prior to receipt of bids, was $3,321,479.75.
We have reviewed the Bidders Qualifications Statement submitted by APAC-Central, Inc. and based upon the
information provided, we believe them to be qualified to successfully complete this project. Therefore, we recommend
that the City award this contract to APAC-Central, Inc. in the bid amount of $3,568,811.20.
The contract documents require the furnishing of 100 percent performance and payment bonds prior to authorization of
the Notice to Proceed. Completion of the project is to be within 360 days from the date of the issuance of the Notice to
Proceed.
If you have any questions, please do not hesitate to contact us.
Sincerely,
BURNS & McDONNELL
Jonathan Ely, PE
Project Manager
enclosures
cc: Mr. Trevel Young – City of Fayetteville Procurement Agent
Mr. Kenny Fitch – City of Fayetteville Senior Procurement Agent
Mr. William Pattengill, PE – Burns & McDonnell Resident Project Representative
6576 Lynch's Prairie Cove, Suite B \ Springdale, AR 72762
O 479-384-5092 \ C 479-936-1833 \ burnsmcd.com
Certified Bid Tabulation
Bid 26- 37, Construction -Millsap/ College Intersection and
Hemlock Improvements
Bid Opening Date: June 10, 2026
CONTRACT ENGINEER' S OPCC APAC-CENTRAL, INC.
ITEM PAY
ITEM DESCRIPTION QTY. UNIT PRICE TOTAL UNIT PRICE TOTAL
NO. UNIT
SCHEDULE A (BASE BID ITEMS)
1.1 MOBILIZATION 1 LS 151, 500. 00$ 151, 500. 00$ 145, 000. 00$ 145, 000. 00$
1.2 BONDS & INSURANCE 1 LS 30, 000. 00$ 30,000. 00$ 20, 500. 00$ 20,500. 00$
1.3 TRENCH & EXCAVATION SAFETY 1 LS 25, 000. 00$ 25, 000. 00$ 30, 000. 00$ 30, 000. 00$
SUBTOTAL CONSTRUCTION COST SCHEDULE A (BASE BID ITEMS) 206, 500. 00$ 195, 500. 00$
SCHEDULE B ( PACKAGE 1 -HEMLOCK)
2.1 ROADWAY CONSTRUCTION CONTROL 1 LS 25, 000. 00$ 25, 000. 00$ 45, 000. 00$ 45, 000. 00$
2.2 CLEARING, GRUBBING, AND DEMOLITION 1 LS 40, 000. 00$ 40,000. 00$ 60, 000. 00$ 60,000. 00$
2.3 UNCLASSIFIED EXCAVATION ( PLAN QUANTITY) 1883 CY 24. 00$ 45, 192. 00$ 45. 25$ 85, 205. 75$
2.4 EMBANKMENT ( PLAN QUANTITY) 427 CY 27.00$ 11,529. 00$ 18.50$ 7,899. 50$
2.5 SELECT EMBANKMENT ( PLAN QUANTITY) 1468 CY 32. 00$ 46, 976. 00$ 39. 00$ 57, 252. 00$
2.6 UNDERCUT AND BACKFILL ( IF AND WHERE DIRECTED) 200 CY 40.00$ 8,000. 00$ 108. 00$ 21,600. 00$
2. 7 ROCK EXCAVATION ( ALLOWANCE) 10 CY 500. 00$ 5,000. 00$ 580. 00$ 5,800. 00$
2.8 SUBGRADE PREPARATION 2218 SY 3.00$ 6,654. 00$ 3.60$ 7,984. 80$
2. 9 4" TOPSOIL PLACEMENT ( SOD + SEEDING AREAS) 1552 SY 6.00$ 9,312. 00$ 5.90$ 9,156. 80$
2.10 18" REINFORCED CONCRETE PIPE ( CLASS III) UNDER PAVEMENT 51 LF 200. 00$ 10,200. 00$ 170. 00$ 8,670. 00$
2.11 24" REINFORCED CONCRETE PIPE ( CLASS III) -UNDER PAVEMENT 20 LF 235. 00$ 4,700. 00$ 194. 00$ 3,880. 00$
2.12 18" REINFORCED CONCRETE PIPE ( CLASS III) 58 LF 175. 00$ 10,150. 00$ 120. 00$ 6,960. 00$
2.13 24" REINFORCED CONCRETE PIPE ( CLASS III) 26 LF 210. 00$ 5,460. 00$ 137. 50$ 3,575. 00$
2.14 18" R. C. FLARED END SECTION 1 EA 1,950. 00$ 1,950. 00$ 1,250. 00$ 1,250. 00$
2.15 24" R. C. FLARED END SECTION 1 EA 2, 500. 00$ 2,500. 00$ 1,350. 00$ 1,350. 00$
2.16 4' X4' DROP INLETS ( TYPE D2) 3 EA 8,000. 00$ 24,000. 00$ 11, 000. 00$ 33,000. 00$
2.17 4' DIA. DROP INLETS ( TYPE D1) 2 EA 9, 000. 00$ 18, 000. 00$ 11, 100. 00$ 22, 200. 00$
2.18 4' DROP INLET EXTENSION 2 EA 3,100. 00$ 6,200. 00$ 2,225. 00$ 4,450. 00$
2.19 DRAINAGE STRUCTURE BACK OPENING 1 EA 1, 600. 00$ 1,600. 00$ 5,000. 00$ 5,000. 00$
2.20 CONCRETE FLUME 2 SY 175. 00$ 350. 00$ 1,250. 00$ 2,500. 00$
2.21 LANDSCAPE ROCK DRAINAGE SWALE 60 LF 100. 00$ 6,000. 00$ 55. 50$ 3,330. 00$
2.22 SCOUR TRANSITION MAT 32 SF 60.00$ 1,920. 00$ 30.00$ 960. 00$
2.23 SELECT PIPE BACKFILL ( CLASS 67)( IF AND WHERE DIRECTED) 50 CY 110. 00$ 5,500. 00$ 109. 50$ 5,475. 00$
2.24 6" DEPTH AGGREGATE BASE COURSE 2218 SY 35.00$ 77,630. 00$ 13.30$ 29,499. 40$
2.25 P. C. C. PAVEMENT ( 6" UNIFORM THICKNESS), INCLUDING MONOLITHIC CURB ( TYPE A) 2032 SY 250. 00$ 508, 000. 00$ 173. 00$ 351, 536. 00$
2.26 ASPHALT CONCRETE PATCHING FOR MAINTENANCE OF TRAFFIC 40 TON 230. 00$ 9,200. 00$ 290. 00$ 11,600. 00$
2.27 U OF A PROPERTY -APRON ( PAVERS) 185 SF 150. 00$ 27, 750. 00$ 66. 75$ 12, 348. 75$
2.28 U OF A PROPERTY -MODIFIED CURB ( 2") 43 LF 30.00$ 1,290. 00$ 94.75$ 4,074. 25$
2.29 U OF A PROPERTY-CONCRETE CURB AND GUTTER ( TYPE A) 81 LF 35. 00$ 2,835. 00$ 65. 25$ 5,285. 25$
2.30 U OF A PROPERTY -FLUSH CONCRETE HEADER 18 LF 25.00$ 450. 00$ 125. 00$ 2,250. 00$
2.31 U OF A PROPERTY -8" DEPTH AGGREGATE BASE 162 SY 35. 00$ 5,670. 00$ 57. 00$ 9,234. 00$
2.32 U OF A PROPERTY -3" THICKNESS ACHM SURFACE COURSE 23 TON 200. 00$ 4,600. 00$ 275. 00$ 6,325. 00$
2.33 U OF A PROPERTY -PRIME COAT 136 SY 18. 00$ 2,448. 00$ 4.75$ 646. 00$
2.34 U OF A PROPERTY -6" CONCRETE SIDEWALK THRU DRIVEWAY 21 SY 80.00$ 1,680. 00$ 178. 00$ 3,738. 00$
2.35 U OF A PROPERTY -CONCRETE SIDEWALK WITH TURN DOWN EDGE ( MATCH EXISTING) 8 SY 70. 00$ 560. 00$ 680. 00$ 5,440. 00$
2.36 U OF A PROPERTY -RELOCATE LIGHT POLE 1 EA 3,500. 00$ 3,500. 00$ 11, 625. 00$ 11,625. 00$
2.37 U OF A PROPERTY -CHAIN LINK SECURITY FENCE 35 LF 50. 00$ 1,750. 00$ 110. 00$ 3,850. 00$
2.38 4" THICK CONCRETE SIDEWALK 477 SY 100. 00$ 47,700. 00$ 82.00$ 39,114. 00$
2.39 SOLID SOD 1552 SY 15. 00$ 23, 280. 00$ 4.65$ 7,216. 80$
2.40 ADDITIONAL WATERING 1 MG 90.00$ 90. 00$ 545. 00$ 545. 00$
2.41 4" PAVEMENT MARKING ( THERMOPLASTIC) 80 LF 2.00$ 160. 00$ 3.30$ 264. 00$
2.42 6" PAVEMENT MARKING ( THERMOPLASTIC) 1150 LF 2.50$ 2,875. 00$ 3.55$ 4,082. 50$
2.43 24" PAVEMENT MARKING ( THERMOPLASTIC) 20 LF 25. 00$ 500. 00$ 21. 90$ 438. 00$
2.44 STREET SIGN INSTALLATION 6 EA 350. 00$ 2,100. 00$ 382. 50$ 2,295. 00$
2.45 EROSION CONTROL 1 LS 20, 000. 00$ 20, 000. 00$ 11, 675. 00$ 11, 675. 00$
2.46 TRAFFIC CONTROL AND MAINTENANCE 1 LS 10, 000. 00$ 10,000. 00$ 96, 000. 00$ 96,000. 00$
2.47 AGGREGATE BASE FOR ROADWAY MAINTENANCE 20 TON 60. 00$ 1,200. 00$ 114. 50$ 2,290. 00$
2.48 CAST-IN-PLACE DETECTABLE WARNING PANEL 25 SF 60.00$ 1,500. 00$ 25.15$ 628. 75$
2.49 HANDICAP ACCESS RAMP 23 SY 120. 00$ 2,760. 00$ 257. 25$ 5,916. 75$
2.50 TREE PROTECTION FENCING 200 LF 5.00$ 1,000. 00$ 5.00$ 1,000. 00$
SUBTOTAL CONSTRUCTION COST SCHEDULE B ( PACKAGE 1 -HEMLOCK) 1,056, 721. 00$ 1,031, 416. 30$
SCHEDULE C ( PACKAGE 2 -MILLSAP)
3.1 ROADWAY CONSTRUCTION CONTROL 1 LS 35, 000. 00$ 35,000. 00$ 65, 000. 00$ 65,000. 00$
3. 2 CLEARING, GRUBBING, AND DEMOLITION 1 LS 45, 000. 00$ 45, 000. 00$ 105, 000. 00$ 105, 000. 00$
3.3 UNCLASSIFIED EXCAVATION ( PLAN QUANTITY) 1000 CY 24. 00$ 24,000. 00$ 121. 50$ 121, 500. 00$
3. 4 EMBANKMENT ( PLAN QUANTITY) 320 CY 27. 00$ 8,640. 00$ 24. 75$ 7,920. 00$
3.5 SELECT EMBANKMENT ( PLAN QUANTITY) 2150 CY 32. 00$ 68,800. 00$ 40.60$ 87,290. 00$
3. 6 UNDERCUT AND BACKFILL ( IF AND WHERE DIRECTED) 100 CY 40. 00$ 4,000. 00$ 150. 00$ 15, 000. 00$
3.7 ROCK EXCVATION ( ALLOWANCE) 10 CY 500. 00$ 5,000. 00$ 580. 00$ 5,800. 00$
3. 8 SUBGRADE PREPARATION 2475 SY 3.00$ 7,425. 00$ 6.40$ 15, 840. 00$
3.9 4" TOPSOIL PLACEMENT 1850 SY 6.00$ 11,100. 00$ 5.90$ 10,915. 00$
3.10 18" REINFORCED CONCRETE PIPE ( CLASS III) -UNDER PAVEMENT 90 LF 200. 00$ 18, 000. 00$ 120. 00$ 10, 800. 00$
3.11 23" X14" HERCP ( CLASS III) -UNDER PAVEMENT 184 LF 300. 00$ 55,200. 00$ 151. 50$ 27,876. 00$
3.12 24" REINFORCED CONCRETE PIPE ( CLASS III) -UNDER PAVEMENT 23 LF 235. 00$ 5,405. 00$ 148. 50$ 3,415. 50$
3.13 18" REINFORCED CONCRETE PIPE ( CLASS III) 111 LF 175. 00$ 19,425. 00$ 125. 25$ 13,902. 75$
3.14 24" REINFORCED CONCRETE PIPE ( CLASS III) 23 LF 210. 00$ 4,830. 00$ 148. 50$ 3,415. 50$
3.15 24" R. C. FLARED END SECTION 1 EA 2,500. 00$ 2,500. 00$ 1,350. 00$ 1,350. 00$
3.16 4' X4' DROP INLETS ( TYPE D2) 4 EA 8, 000. 00$ 32, 000. 00$ 10, 000. 00$ 40, 000. 00$
3.17 5' X5' JUNCTION BOXES ( TYPE D4) 1 EA 9,000. 00$ 9,000. 00$ 13, 500. 00$ 13, 500. 00$
Continues Next Page
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Certified Bid Tabulation
Bid 26- 37, Construction -Millsap/ College Intersection and
Hemlock Improvements
Bid Opening Date: June 10, 2026
ITEM PAY
ITEM DESCRIPTION QTY. UNIT PRICE TOTAL UNIT PRICE TOTAL
NO. UNIT
CONTRACT ENGINEER' S OPCC APAC-CENTRAL, INC.
ITEM PAY
ITEM DESCRIPTION QTY. UNIT PRICE TOTAL UNIT PRICE TOTAL
NO. UNIT
3.18 4' DROP INLET EXTENSION 2 EA 3,100. 00$ 6,200. 00$ 1,600. 00$ 3,200. 00$
3.19 8' DROP INLET EXTENSION 2 EA 4,600. 00$ 9,200. 00$ 3,000. 00$ 6,000. 00$
3. DRAINAGE STRUCTURE BACK OPENING ( SP # 6) 1 EA 1,350. 00$ 1,350. 00$ 5,000. 00$ 5,000. 00$
3.21 CONRETE FLUME ( SP # 7) 10 SY 175. 00$ 1,750. 00$ 360. 00$ 3,600. 00$
3.22 SELECT PIPE BACKFILL ( CLASS 67)( IF AND WHERE DIRECTED) ( SP # 8) 50 CY 110. 00$ 5,500. 00$ 110. 00$ 5,500. 00$
3.23 PRIME COAT 2825 SY 17. 50$ 49, 437. 50$ 4.60$ 12, 995. 00$
3.24 2" ASPHALT CONCRETE HOT MIX SURFACE COURSE ( ACHMSC) 360 TON 210. 00$ 75,600. 00$ 195. 00$ 70,200. 00$
3.25 4" ASPHALT CONCRETE HOT MIX BINDER COURSE ( ACHMBC) 550 TON 180. 00$ 99, 000. 00$ 175. 00$ 96, 250. 00$
3.26 5" ASPHALT CONCRETE HOT MIX BASE COURSE ( ACHMBC) 815 TON 160. 00$ 130, 400. 00$ 145. 00$ 118, 175. 00$
3.27 ASPHALT CONCRETE PATCHING FOR MAINTENANCE OF TRAFFIC 40 TON 230. 00$ 9,200. 00$ 460. 00$ 18, 400. 00$
3.28 PORTLAND CEMENT CONCRETE BASE ( 4" UNIFORM THICKNESS) ( ARDOT 308) 68 SY 140. 00$ 9,520. 00$ 120. 00$ 8,160. 00$
3.29 PORTLAND CEMENT CONCRETE BASE ( 5" UNIFORM THICKNESS) ( ARDOT 309) 120 SY 150. 00$ 18, 000. 00$ 140. 00$ 16, 800. 00$
3. CONCRETE CURB AND GUTTER ( TYPE A) 1545 LF 30.00$ 46,350. 00$ 47.25$ 73,001. 25$
3.31 4" THICK CONCRETE SIDEWALK 712 SY 100. 00$ 71, 200. 00$ 91. 00$ 64, 792. 00$
3.32 CONCRETE PEDESTRIAN REFUGE ISLANDS ( SP # 9) 41 SY 225. 00$ 9,225. 00$ 300. 00$ 12,300. 00$
3.33 CONCRETE DRIVEWAY APRONS 365 SY 170. 00$ 62, 050. 00$ 115. 50$ 42, 157. 50$
3.34 ASPHALT DRIVEWAY 295 SY 40.00$ 11,800. 00$ 60.00$ 17,700. 00$
3.35 SOLID SOD 1850 SY 15. 00$ 27, 750. 00$ 4.65$ 8,602. 50$
3.36 ADDITIONAL WATERING 1 MG 90.00$ 90. 00$ 550. 00$ 550. 00$
3.37 6" PAVEMENT MARKING ( THERMOPLASTIC) 3278 LF 2.50$ 8,195. 00$ 4.95$ 16, 226. 10$
3.38 8" PAVEMENT MARKING ( THERMOPLASTIC) 280 LF 5.00$ 1,400. 00$ 6.00$ 1,680. 00$
3.39 10" PAVEMENT MARKING ( THERMOPLASTIC) 318 LF 10. 00$ 3,180. 00$ 13. 10$ 4,165. 80$
3. 24" PAVEMENT MARKING ( THERMOPLASTIC) 510 LF 25.00$ 12,750. 00$ 27.35$ 13,948. 50$
3.41 PAVEMENT SYMBOLS ( THERMOPLASTIC) 22 EA 575. 00$ 12, 650. 00$ 545. 00$ 11, 990. 00$
3.42 PAVEMENT MARKING REMOVAL 250 SF 20.00$ 5,000. 00$ 2.20$ 550. 00$
3.43 STREET SIGN INSTALLATION 17 EA 350. 00$ 5,950. 00$ 382. 50$ 6,502. 50$
3.44 EROSION CONTROL 1 LS 10, 000. 00$ 10,000. 00$ 7,225. 00$ 7,225. 00$
3.45 TRAFFIC CONTROL AND MAINTENANCE 1 LS 100, 000. 00$ 100, 000. 00$ 150, 000. 00$ 150, 000. 00$
3.46 AGGREGATE BASE FOR ROADWAY MAINTENANCE 80 TON 60.00$ 4,800. 00$ 41.50$ 3,320. 00$
3.47 PORTABLE CHANGEABLE MESSAGE SIGN 1825 DAY 25. 00$ 45, 625. 00$ 27. 25$ 49, 731. 25$
3.48 CAST-IN-PLACE DETECTABLE WARNING PANEL 160 SF 60.00$ 9,600. 00$ 22.30$ 3,568. 00$
3.49 HANDICAP ACCESS RAMP 50 SY 120. 00$ 6,000. 00$ 252. 50$ 12, 625. 00$
3. PROJECT SIGNS 4 EA 1,500. 00$ 6,000. 00$ 985. 00$ 3,940. 00$
3.51 COLD MILLING PAVEMENT 660 SY 30. 00$ 19, 800. 00$ 19. 60$ 12, 936. 00$
3.52 GRAVITY BLOCK RETAINING WALL ( SP # 10) 745 SF 185. 00$ 137, 825. 00$ 82.25$ 61,276. 25$
3.53 REMOVE AND REPLACE TREES ( SP # 11) 7 EA 750. 00$ 5,250. 00$ 630. 00$ 4,410. 00$
3.54 IRRIGATION SYSTEM ADJUSTMENT ( SP # 12) 1 LS 5,000. 00$ 5,000. 00$ 7,100. 00$ 7,100. 00$
3.55 TREE PROTECTION FENCING 200 LF 5.00$ 1,000. 00$ 5.00$ 1,000. 00$
3.56 McCAIN ATC eX2 NEMA CONTROLLER TS2-TYPE 2 (SP # 17 & ARDOT 701) 1 EA 42, 000. 00$ 42,000. 00$ 50, 500. 00$ 50,500. 00$
3.57 SHIREEN ITEM # DC-1021, CAT 5E VIDEO CABLE OR EQUAL ( SHIELDED) ( SP # 18) 1045 LF 5.50$ 5,747. 50$ 2.45$ 2,560. 25$
3.58 EMERGENCY VEHICLE PREEMPTION SYSTEM RELOCATION ( SP # 33) 2 EA 9,000. 00$ 18,000. 00$ 2,350. 00$ 4,700. 00$
3.59 TESCO CLASS 22 BBS ( BATTERY BACKUP SYSTEM) ( SP # 19) 1 EA 24, 000. 00$ 24, 000. 00$ 22, 820. 00$ 22, 820. 00$
3. TRAFFIC SIGNAL HEAD, LED, ( 3 SECTION, 1 WAY) ( SP # 20 & ARDOT 706) 9 EA 1,450. 00$ 13,050. 00$ 1,760. 00$ 15,840. 00$
3.61 TRAFFIC SIGNAL HEAD, LED, ( 4 SECTION, 1 WAY) ( SP # 20 & ARDOT 706) 3 EA 1,750. 00$ 5,250. 00$ 2,615. 00$ 7,845. 00$
3.62
POLARA iCCU-S2 ( INTELLIGENT CENTRAL CONTROL UNIT -SHELF MOUNT) INCLUDES BIU CAPABILITY
1 EA 6,500. 00$ 6,500. 00$ 5,525. 00$ 5,525. 00$
SP # 31 & ARDOT 707)
3.63 POLARA iNS2 3TN0-B, 9x15 APS PUSHBUTTON STATION ( BLACK) ( SP # 31 & ARDOT 707) 8 EA $ 1,950. 00 15, 600. 00$ 1,650. 00$ 13,200. 00$
3.64
EAGLE 16" COUNTDOWN PEDESTRIAN SIGNAL HEAD ( LED) ( ALUMINUM)
8 EA $ 1,750. 00 14, 000. 00$ 1,355. 00$ 10, 840. 00$
SP # 22 & ARDOT 707)
3.65 TRAFFIC SIGNAL CABLE ( 5C/ 12 A. W. G.) ( ARDOT 708) 1460 LF 5.50$ 8,030. 00$ 4.40$ 6,424. 00$
3.66 TRAFFIC SIGNAL CABLE ( 5C/ 14 A.W.G.) ( ARDOT 708) 1600 LF 6.00$ 9,600. 00$ 5.50$ 8,800. 00$
3.67 TRAFFIC SIGNAL CABLE ( 7C/ 14 A. W. G.) ( ARDOT 708) 260 LF 6.25$ 1,625. 00$ 7.65$ 1,989. 00$
3.68 TRAFFIC SIGNAL CABLE ( 20C/ 14 A.W.G.) ( ARDOT 708) 800 LF 9.00$ 7,200. 00$ 13.10$ 10,480. 00$
3.69 ELECTRICAL CONDUCTORS-IN-CONDUIT ( 1C/ 8 A.W. G., E. G. C.) ( SP # 23) 940 LF 3.00$ 2,820. 00$ 2.75$ 2,585. 00$
3. ELECTRICAL CONDUCTORS-IN-CONDUIT ( 1C/ 12 A.W.G., E.G.C.) ( SP # 23) 220 LF 2.00$ 440. 00$ 1.85$ 407. 00$
3.71 ELECTRICAL CONDUCTORS-IN-CONDUIT ( 2C/ 6 A.W. G.) ( SP # 23) 220 LF 6.00$ 1,320. 00$ 7.50$ 1,650. 00$
3.72 ELECTRICAL CONDUCTORS FOR LUMINAIRES ( SP # 29) 805 LF 3.75$ 3,018. 75$ 3.15$ 2,535. 75$
3.73 GALVANIZED STEEL CONDUIT ( 2") ( ARDOT 709) 20 LF 65. 00$ 1,300. 00$ 89. 00$ 1,780. 00$
3.74 NON-METALLIC CONDUIT ( 2") ( ARDOT 710) 295 LF 35.00$ 10,325. 00$ 46.50$ 13,717. 50$
3.75 NON-METALLIC CONDUIT ( 3") ( ARDOT 710) 600 LF 50. 00$ 30, 000. 00$ 62. 30$ 37, 380. 00$
3.76 CONCRETE PULL BOX ( TYPE 2) (ARDOT SS & 711) 5 EA 2,000. 00$ 10,000. 00$ 2,225. 00$ 11,125. 00$
3.77 CONCRETE PULL BOX ( TYPE 3) (ARDOT SS & 711) 1 EA 2, 500. 00$ 2,500. 00$ 2,500. 00$ 2,500. 00$
3.78 CONCRETE PULL BOX ( TYPE 2 HD) ( ARDOT SS & 711) 2 EA 2,300. 00$ 4,600. 00$ 2,400. 00$ 4,800. 00$
3.79 CONCRETE PULL BOX ( TYPE 3 HD) ( ARDOT SS & 711) 1 EA 2, 700. 00$ 2,700. 00$ 2,725. 00$ 2,725. 00$
3. TRAFFIC SIGNAL PEDESTAL POLE WITH FOUNDATION ( ARDOT SS & 711) 6 EA 9,000. 00$ 54,000. 00$ 4,500. 00$ 27,000. 00$
3.81 TRAFFIC SIGNAL MAST ARM AND POLE WITH FOUNDATION ( 42') ( ARDOT SS & 714) 3 EA 45, 000. 00$ 135, 000. 00$ 43, 000. 00$ 129, 000. 00$
3.82 AUTOBAHN SERIES ATBM P40 LED LUMINAIRE ASSEMBLY ( SP # 24) 4 EA 1,500. 00$ 6,000. 00$ 1,500. 00$ 6,000. 00$
3.83 SERVICE POINT ASSEMBLY ( 2 CIRCUITS) ( SP # 25) 1 EA 8, 200. 00$ 8,200. 00$ 5,500. 00$ 5,500. 00$
3.84 REMOVAL OF TRAFFIC SIGNAL EQUIPMENT ( SP # 26) 1 LS 17, 000. 00$ 17,000. 00$ 5,500. 00$ 5,500. 00$
3.85 18" STREET NAME SIGN ( SP # 27) 4 EA 1,500. 00$ 6,000. 00$ 950. 00$ 3,800. 00$
3.86 VIDEO DETECTOR RELOCATION ( ARDOT 733) 2 EA 650. 00$ 1,300. 00$ 820. 00$ 1,640. 00$
3.87 VIDEO DETECTOR ROTATION ( SP # 28) 4 EA 500. 00$ 2,000. 00$ 820. 00$ 3,280. 00$
3.88 ITERIS VANTAGE NEXT VIDEO DETECTOR ( SP # 18 & ARDOT 733) 2 EA 6,500. 00$ 13,000. 00$ 5,100. 00$ 10,200. 00$
3.89 ITERIS VANTAGE VECTOR HYBRID DETECTOR ( SP # 18 & ARDOT 733) 2 EA 14, 000. 00$ 28, 000. 00$ 11, 500. 00$ 23, 000. 00$
3. INVID TECH, IMHD-10, HDMI VIDEO MONITOR ( SP # 18 & ARDOT 733) 1 EA 1,950. 00$ 1,950. 00$ 1,600. 00$ 1,600. 00$
Continues Next Page
Page 2
Certified Bid Tabulation
Bid 26- 37, Construction -Millsap/ College Intersection and
Hemlock Improvements
Bid Opening Date: June 10, 2026
ITEM PAY
ITEM DESCRIPTION QTY. UNIT PRICE TOTAL UNIT PRICE TOTAL
NO. UNIT
CONTRACT ENGINEER' S OPCC APAC-CENTRAL, INC.
ITEM PAY
ITEM DESCRIPTION QTY. UNIT PRICE TOTAL UNIT PRICE TOTAL
NO. UNIT
3.91 ITERIS VANTAGE NEXT SHELF-MOUNT CCU ( SP # 18 & ARDOT 733) 1 EA 8,500. 00$ 8,500. 00$ 56, 000. 00$ 56,000. 00$
3.92 RELOCATION OF TRAFFIC SIGNAL HEAD ( SP # 21) 1 EA 550. 00$ 550. 00$ 550. 00$ 550. 00$
SUBTOTAL CONSTRUCTION COST SCHEDULE C ( PACKAGE 2 -MILLSAP) 1,920, 098. 75$ 2,019, 900. 90$
SCHEDULE D (WATER AND SEWER RELOCATION)
4.1 CONSTRUCTION CONTROL AND LAYOUT 1 LS 10, 000. 00$ 10, 000. 00$ 70, 000. 00$ 70, 000. 00$
4.2 6" DIA. WATER LINE ( AWWA C900 DR14) 20 LF 140. 00$ 2,800. 00$ 306. 00$ 6,120. 00$
4.3 8" DIA. WATER LINE ( AWWA C900 DR14) 222 LF 160. 00$ 35, 520. 00$ 316. 00$ 70, 152. 00$
4.4 TAPPING SLEEVE AND VALVE ( 8" X8") 1 EA 8,500. 00$ 8,500. 00$ 14, 000. 00$ 14,000. 00$
4.5 6" GATE VALVE 1 EA 2, 150. 00$ 2,150. 00$ 5,050. 00$ 5,050. 00$
4.6 8" GATE VALVE 2 EA 2,800. 00$ 5,600. 00$ 6,500. 00$ 13,000. 00$
4.7 FIRE HYDRANT ASSEMBLY INSTALLED COMPLETE 1 EA 7,600. 00$ 7,600. 00$ 23, 500. 00$ 23, 500. 00$
4.8 SINGLE WATER METER INSTALLED COMPLETE 2 EA 3,000. 00$ 6,000. 00$ 9,100. 00$ 18,200. 00$
4.9 DOUBLE WATER METER INSTALLED COMPLETE 1 EA 3,500. 00$ 3,500. 00$ 16, 500. 00$ 16, 500. 00$
4.10 DUCTILE IRON FITTINGS 164 LBS 22.50$ 3,690. 00$ 48.00$ 7,872. 00$
4.11 CUT & CAP ABANDON EXISTING WATERLINE ( 6") 2 EA 8,000. 00$ 16, 000. 00$ 4,675. 00$ 9,350. 00$
4.12 FIRE HYDRANT ASSEMBLY REMOVAL 1 EA 1,500. 00$ 1,500. 00$ 3,300. 00$ 3,300. 00$
4.13 2" DIA COATED COPPER PIPE AND FITTINGS 80 LF 60. 00$ 4,800. 00$ 105. 00$ 8,400. 00$
4.14 8" DIA. REMOVE CLAY PIPE AND REPLACE WITH PVC 20 LF 350. 00$ 7,000. 00$ 550. 00$ 11,000. 00$
4.15 16" DIAMETER STEEL CASING WITH W/ MECHANICAL LINK END SEALS AND SPACERS ( DIRECT BURY) 10 LF 320. 00$ 3,200. 00$ 775. 00$ 7,750. 00$
4.16 SANITARY SEWER MANHOLE -REMOVE CONE, LOWER TO GRADE 2 EA 2,500. 00$ 5,000. 00$ 4,500. 00$ 9,000. 00$
4.17 SANITARY SEWER MANHOLE -ADJUST RING TO GRADE 2 EA 1,000. 00$ 2,000. 00$ 2,500. 00$ 5,000. 00$
4.18 FLOWABLE FILL -ABANDON 8" WATERLINE UNDER ROADWAY 410 LF 30. 00$ 12, 300. 00$ 45. 00$ 18, 450. 00$
4.19 UTILITY ADJUSTMENT -WATER VALVE / METER 2 EA 500. 00$ 1,000. 00$ 2,675. 00$ 5,350. 00$
SUBTOTAL CONSTRUCTION COST SCHEDULE D (WATER AND SEWER RELOCATION) 138, 160. 00$ 321, 994. 00$
TOTAL BID ( SUBTOTAL CONSTRUCTION COSTS OF SCHEDULE A + B + C + D) 3,321, 479. 75$ 3,568, 811. 20$
Certified Correct:
Date: 6/11/ 2026
Page 3
BID TABULATION
Bid 26-37, Construction -Millsap/ College Intersection & Hemlock Improvements
Deadline: Wednesday, June 10, 2026 at 2:00 PM
Certification of Funds: $4,900,000 ($ 6,125,000 maximum allowed)
APAC-Central, Inc.
Total $ 3,568, 811. 20
Line # Description QTY UOM Unit Extended
1 $ PACKAGE A -BASE BID ITEMS 195,500.00
1.1 MOBILIZATION 1 LS $ 145,000.00 $ 145,000.00
1.2 BONDS & INSURANCE 1 LS $ 20,500.00 $ 20,500.00
1.3 TRENCH & EXCAVATION SAFETY 1 LS 30,000.00 $ 30,000.00
2 $ PACKAGE B -HEMLOCK 1,031,416.30
2.1 ROADWAY CONSTRUCTION CONTROL 1 LS $ 45,000.00 $ 45,000.00
2.2 CLEARING, GRUBBING, AND DEMOLITION 1 LS $ 60,000.00 $ 60,000.00
2.3 UNCLASSIFIED EXCAVATION ( PLAN QUANTITY) 1883 CY $ 45.25 $ 85,205.75
2.4 EMBANKMENT ( PLAN QUANTITY) 427 CY $ 18.50 $ 7,899.50
2.5 SELECT EMBANKMENT ( PLAN QUANTITY) 1468 CY $ 39.00 $ 57,252.00
2.6 UNDERCUT AND BACKFILL ( IF AND WHERE DIRECTED) 200 CY $ 108.00 $ 21,600.00
2.7 ROCK EXCAVATION ( ALLOWANCE) 10 CY $ 580.00 $ 5,800.00
2.8 SUBGRADE PREPARATION 2218 SY $ 3.60 $ 7,984. 80
2.9 4" TOPSOIL PLACEMENT ( SOD + SEEDING AREAS) 1552 SY $ 5.90 $ 9,156.80
2.10 18" REINFORCED CONCRETE PIPE ( CLASS III) UNDER PAVEMENT 51 LF $ 170. 00 $ 8,670. 00
2.11 24" REINFORCED CONCRETE PIPE (CLASS III) -UNDER PAVEMENT 20 LF $ 194.00 $ 3,880.00
2.12 18" REINFORCED CONCRETE PIPE ( CLASS III) 58 LF $ 120. 00 $ 6,960. 00
2.13 24" REINFORCED CONCRETE PIPE (CLASS III) 26 LF $ 137.50 $ 3,575.00
2.14 18" R. C. FLARED END SECTION 1 EA $ 1,250. 00 $ 1,250. 00
2.15 24" R.C. FLARED END SECTION 1 EA $ 1,350.00 $ 1,350.00
2.16 4' X4' DROP INLETS ( TYPE D2) 3 EA $ 11, 000. 00 $ 33, 000. 00
2.17 4' DIA. DROP INLETS ( TYPE D1) 2 EA $ 11,100.00 $ 22,200.00
2.18 4' DROP INLET EXTENSION 2 EA $ 2,225. 00 $ 4,450. 00
2.19 DRAINAGE STRUCTURE BACK OPENING 1 EA $ 5,000.00 $ 5,000.00
2.20 CONCRETE FLUME 2 SY $ 1,250. 00 $ 2,500. 00
2.21 LANDSCAPE ROCK DRAINAGE SWALE 60 LF $ 55.50 $ 3,330.00
2.22 SCOUR TRANSITION MAT 32 SF $ 30. 00 $ 960. 00
2.23 SELECT PIPE BACKFILL ( CLASS 67)(IF AND WHERE DIRECTED) 50 CY $ 109.50 $ 5,475.00
2.24 6" DEPTH AGGREGATE BASE COURSE 2218 SY $ 13.30 $ 29,499.40
2.25 P.C.C. PAVEMENT (6" UNIFORM THICKNESS), INCLUDING MONOLITHIC CURB (TYPE A) 2032 SY $ 173.00 $ 351,536.00
2.26 ASPHALT CONCRETE PATCHING FOR MAINTENANCE OF TRAFFIC 40 TON $ 290. 00 $ 11, 600. 00
2.27 U OF A PROPERTY -APRON (PAVERS) 185 SF $ 66.75 $ 12,348.75
2.28 U OF A PROPERTY -MODIFIED CURB (2") 43 LF $ 94.75 $ 4,074.25
2.29 U OF A PROPERTY-CONCRETE CURB AND GUTTER ( TYPE A) 81 LF $ 65.25 $ 5,285.25
2.30 U OF A PROPERTY -FLUSH CONCRETE HEADER 18 LF $ 125. 00 $ 2,250. 00
2.31 U OF A PROPERTY -8" DEPTH AGGREGATE BASE 162 SY $ 57.00 $ 9,234.00
2.32 U OF A PROPERTY -3" THICKNESS ACHM SURFACE COURSE 23 TON $ 275. 00 $ 6,325. 00
2.33 U OF A PROPERTY -PRIME COAT 136 SY $ 4.75 $ 646.00
2.34 U OF A PROPERTY -6" CONCRETE SIDEWALK THRU DRIVEWAY 21 SY $ 178. 00 $ 3,738. 00
2.35 U OF A PROPERTY -CONCRETE SIDEWALK WITH TURN DOWN EDGE (MATCH EXISTING) 8 SY $ 680.00 $ 5,440.00
2.36 U OF A PROPERTY -RELOCATE LIGHT POLE 1 EA $ 11, 625. 00 $ 11, 625. 00
2.37 U OF A PROPERTY -CHAIN LINK SECURITY FENCE 35 LF $ 110.00 $ 3,850.00
2.38 4" THICK CONCRETE SIDEWALK 477 SY $ 82. 00 $ 39, 114. 00
2.39 SOLID SOD 1552 SY $ 4.65 $ 7,216.80
2.40 ADDITIONAL WATERING 1 MG $ 545. 00 $ 545. 00
2.41 4" PAVEMENT MARKING (THERMOPLASTIC) 80 LF $ 3.30 $ 264.00
2.42 6" PAVEMENT MARKING ( THERMOPLASTIC) 1150 LF $ 3.55 $ 4,082. 50
2.43 24" PAVEMENT MARKING (THERMOPLASTIC) 20 LF $ 21.90 $ 438.00
2.44 STREET SIGN INSTALLATION 6 EA $ 382. 50 $ 2,295. 00
2.45 EROSION CONTROL 1 LS $ 11,675.00 $ 11,675.00
2.46 TRAFFIC CONTROL AND MAINTENANCE 1 LS $ 96, 000. 00 $ 96, 000. 00
2.47 AGGREGATE BASE FOR ROADWAY MAINTENANCE 20 TON $ 114.50 $ 2,290.00
2.48 CAST-IN-PLACE DETECTABLE WARNING PANEL 25 SF $ 25. 15 $ 628. 75
2.49 HANDICAP ACCESS RAMP 23 SY $ 257.25 $ 5,916.75
2.50 TREE PROTECTION FENCING 200 LF 5.00 $ 1,000. 00
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3 $ PACKAGE C -MILLSAP 2,019, 900. 90
3. ROADWAY CONSTRUCTION CONTROL 1 LS $ 65, 000. 00 $ 65, 000. 00
3. CLEARING, GRUBBING, AND DEMOLITION 1 LS $ 105,000.00 $ 105,000.00
3. UNCLASSIFIED EXCAVATION ( PLAN QUANTITY) 1000 CY $ 121. 50 $ 121, 500. 00
3. EMBANKMENT ( PLAN QUANTITY) 320 CY $ 24.75 $ 7,920.00
3. SELECT EMBANKMENT ( PLAN QUANTITY) 2150 CY $ 40. 60 $ 87, 290. 00
3. UNDERCUT AND BACKFILL ( IF AND WHERE DIRECTED) 100 CY $ 150.00 $ 15,000.00
3. ROCK EXCVATION ( ALLOWANCE) 10 CY $ 580. 00 $ 5,800. 00
3. SUBGRADE PREPARATION 2475 SY $ 6.40 $ 15,840.00
3. 4" TOPSOIL PLACEMENT 1850 SY $ 5.90 $ 10, 915. 00
3. 18" REINFORCED CONCRETE PIPE (CLASS III) -UNDER PAVEMENT 90 LF $ 120.00 $ 10,800.00
3. 23" X14" HERCP ( CLASS III) -UNDER PAVEMENT 184 LF $ 151. 50 $ 27, 876. 00
3. 24" REINFORCED CONCRETE PIPE (CLASS III) -UNDER PAVEMENT 23 LF $ 148.50 $ 3,415.50
3. 18" REINFORCED CONCRETE PIPE ( CLASS III) 111 LF $ 125. 25 $ 13, 902. 75
3. 24" REINFORCED CONCRETE PIPE (CLASS III) 23 LF $ 148.50 $ 3,415.50
3. 24" R. C. FLARED END SECTION 1 EA $ 1,350. 00 $ 1,350. 00
3. 4'X4' DROP INLETS ( TYPE D2) 4 EA $ 10,000.00 $ 40,000.00
3. 5' X5' JUNCTION BOXES ( TYPE D4) 1 EA $ 13, 500. 00 $ 13, 500. 00
3. 4' DROP INLET EXTENSION 2 EA $ 1,600.00 $ 3,200.00
3. 8' DROP INLET EXTENSION 2 EA $ 3,000. 00 $ 6,000. 00
3. DRAINAGE STRUCTURE BACK OPENING ( SP # 6) 1 EA $ 5,000.00 $ 5,000.00
3. CONRETE FLUME ( SP # 7) 10 SY $ 360. 00 $ 3,600. 00
3. SELECT PIPE BACKFILL ( CLASS 67)(IF AND WHERE DIRECTED) ( SP # 8) 50 CY $ 110.00 $ 5,500.00
3. PRIME COAT 2825 SY $ 4.60 $ 12, 995. 00
3. 2" ASPHALT CONCRETE HOT MIX SURFACE COURSE ( ACHMSC) 360 TON $ 195.00 $ 70,200.00
3. 4" ASPHALT CONCRETE HOT MIX BINDER COURSE ( ACHMBC) 550 TON $ 175. 00 $ 96, 250. 00
3. 5" ASPHALT CONCRETE HOT MIX BASE COURSE ( ACHMBC) 815 TON $ 145.00 $ 118,175.00
3. ASPHALT CONCRETE PATCHING FOR MAINTENANCE OF TRAFFIC 40 TON $ 460. 00 $ 18, 400. 00
3. PORTLAND CEMENT CONCRETE BASE (4" UNIFORM THICKNESS) ( ARDOT 308) 68 SY $ 120.00 $ 8,160.00
3. PORTLAND CEMENT CONCRETE BASE ( 5" UNIFORM THICKNESS) ( ARDOT 309) 120 SY $ 140. 00 $ 16, 800. 00
3. CONCRETE CURB AND GUTTER ( TYPE A) 1545 LF $ 47.25 $ 73,001.25
3. 4" THICK CONCRETE SIDEWALK 712 SY $ 91. 00 $ 64, 792. 00
3. CONCRETE PEDESTRIAN REFUGE ISLANDS ( SP # 9) 41 SY $ 300.00 $ 12,300.00
3. CONCRETE DRIVEWAY APRONS 365 SY $ 115. 50 $ 42, 157. 50
3. ASPHALT DRIVEWAY 295 SY $ 60.00 $ 17,700.00
3. SOLID SOD 1850 SY $ 4.65 $ 8,602. 50
3. ADDITIONAL WATERING 1 MG $ 550.00 $ 550.00
3. 6" PAVEMENT MARKING (THERMOPLASTIC) 3278 LF $ 4.95 $ 16,226.10
3. 8" PAVEMENT MARKING (THERMOPLASTIC) 280 LF $ 6.00 $ 1,680.00
3. 10" PAVEMENT MARKING ( THERMOPLASTIC) 318 LF $ 13. 10 $ 4,165. 80
3. 24" PAVEMENT MARKING (THERMOPLASTIC) 510 LF $ 27.35 $ 13,948.50
3. PAVEMENT SYMBOLS ( THERMOPLASTIC) 22 EA $ 545. 00 $ 11, 990. 00
3. PAVEMENT MARKING REMOVAL 250 SF $ 2.20 $ 550.00
3. STREET SIGN INSTALLATION 17 EA $ 382. 50 $ 6,502. 50
3. EROSION CONTROL 1 LS $ 7,225.00 $ 7,225.00
3. TRAFFIC CONTROL AND MAINTENANCE 1 LS $ 150, 000. 00 $ 150, 000. 00
3. AGGREGATE BASE FOR ROADWAY MAINTENANCE 80 TON $ 41.50 $ 3,320.00
3. PORTABLE CHANGEABLE MESSAGE SIGN 1825 DAY $ 27. 25 $ 49, 731. 25
3. CAST-IN-PLACE DETECTABLE WARNING PANEL 160 SF $ 22.30 $ 3,568.00
3. HANDICAP ACCESS RAMP 50 SY $ 252. 50 $ 12, 625. 00
3. PROJECT SIGNS 4 EA $ 985.00 $ 3,940.00
3. COLD MILLING PAVEMENT 660 SY $ 19. 60 $ 12, 936. 00
3. GRAVITY BLOCK RETAINING WALL (SP # 10) 745 SF $ 82.25 $ 61,276.25
3. REMOVE AND REPLACE TREES ( SP # 11) 7 EA $ 630. 00 $ 4,410. 00
3. IRRIGATION SYSTEM ADJUSTMENT ( SP # 12) 1 LS $ 7,100.00 $ 7,100.00
3. TREE PROTECTION FENCING 200 LF $ 5.00 $ 1,000. 00
3. McCAIN ATC eX2 NEMA CONTROLLER TS2-TYPE 2 (SP # 17 & ARDOT 701) 1 EA $ 50,500.00 $ 50,500.00
3. SHIREEN ITEM # DC-1021, CAT 5E VIDEO CABLE OR EQUAL ( SHIELDED) ( SP # 18) 1045 LF $ 2.45 $ 2,560. 25
3. EMERGENCY VEHICLE PREEMPTION SYSTEM RELOCATION ( SP # 33) 2 EA $ 2,350.00 $ 4,700.00
3. TESCO CLASS 22 BBS ( BATTERY BACKUP SYSTEM) ( SP # 19) 1 EA $ 22, 820. 00 $ 22, 820. 00
3. TRAFFIC SIGNAL HEAD, LED, ( 3 SECTION, 1 WAY) (SP # 20 & ARDOT 706) 9 EA $ 1,760.00 $ 15,840.00
3. TRAFFIC SIGNAL HEAD, LED, ( 4 SECTION, 1 WAY) ( SP # 20 & ARDOT 706) 3 EA $ 2,615. 00 $ 7,845. 00
3. POLARA iCCU-S2 (INTELLIGENT CENTRAL CONTROL UNIT -SHELF MOUNT) INCLUDES BIU CAPABILITY ( SP # 31 & ARDOT 707) 1 EA $ 5,525.00 $ 5,525.00
3. POLARA iNS2 3TN0-B, 9x15 APS PUSHBUTTON STATION ( BLACK) ( SP # 31 & ARDOT 707) 8 EA $ 1,650. 00 $ 13, 200. 00
3. EAGLE 16" COUNTDOWN PEDESTRIAN SIGNAL HEAD (LED) ( ALUMINUM) (SP # 22 & ARDOT 707) 8 EA $ 1,355.00 $ 10,840.00
3. TRAFFIC SIGNAL CABLE ( 5C/ 12 A.W.G.) ( ARDOT 708) 1460 LF $ 4.40 $ 6,424. 00
3. TRAFFIC SIGNAL CABLE ( 5C/ 14 A.W.G.) (ARDOT 708) 1600 LF $ 5.50 $ 8,800.00
3. TRAFFIC SIGNAL CABLE ( 7C/ 14 A.W.G.) ( ARDOT 708) 260 LF $ 7.65 $ 1,989. 00
3. TRAFFIC SIGNAL CABLE ( 20C/ 14 A.W.G.) (ARDOT 708) 800 LF $ 13.10 $ 10,480.00
3. ELECTRICAL CONDUCTORS-IN-CONDUIT ( 1C/ 8 A. W.G., E. G. C.) ( SP # 23) 940 LF $ 2.75 $ 2,585. 00
3. ELECTRICAL CONDUCTORS-IN-CONDUIT (1C/ 12 A.W.G., E.G.C.) ( SP # 23) 220 LF $ 1.85 $ 407.00
3. ELECTRICAL CONDUCTORS-IN-CONDUIT ( 2C/ 6 A. W.G.) ( SP # 23) 220 LF $ 7.50 $ 1,650. 00
3.72 ELECTRICAL CONDUCTORS FOR LUMINAIRES ( SP # 29) 805 LF $ 3.15 $ 2,535.75
3.73 GALVANIZED STEEL CONDUIT (2") (ARDOT 709) 20 LF $ 89.00 $ 1,780.00
3.74 NON-METALLIC CONDUIT (2") (ARDOT 710) 295 LF $ 46.50 $ 13,717.50
3.75 NON-METALLIC CONDUIT (3") (ARDOT 710) 600 LF $ 62.30 $ 37,380.00
3.76 CONCRETE PULL BOX (TYPE 2) (ARDOT SS & 711) 5 EA $ 2,225.00 $ 11,125.00
3.77 CONCRETE PULL BOX (TYPE 3) (ARDOT SS & 711) 1 EA $ 2,500.00 $ 2,500.00
3.78 CONCRETE PULL BOX (TYPE 2 HD) (ARDOT SS & 711) 2 EA $ 2,400.00 $ 4,800.00
3.79 CONCRETE PULL BOX (TYPE 3 HD) (ARDOT SS & 711) 1 EA $ 2,725.00 $ 2,725.00
3.80 TRAFFIC SIGNAL PEDESTAL POLE WITH FOUNDATION ( ARDOT SS & 711) 6 EA $ 4,500.00 $ 27,000.00
3.81 TRAFFIC SIGNAL MAST ARM AND POLE WITH FOUNDATION ( 42') (ARDOT SS & 711) 3 EA $ 43,000.00 $ 129,000.00
3.82 AUTOBAHN SERIES ATBM P40 LED LUMINAIRE ASSEMBLY ( SP # 24) 4 EA $ 1,500.00 $ 6,000.00
3.83 SERVICE POINT ASSEMBLY ( 2 CIRCUITS) ( SP # 25) 1 EA $ 5,500.00 $ 5,500.00
3.84 REMOVAL OF TRAFFIC SIGNAL EQUIPMENT ( SP # 26) 1 LS $ 5,500.00 $ 5,500.00
3.85 18" STREET NAME SIGN ( SP # 27) 4 EA $ 950.00 $ 3,800.00
3.86 VIDEO DETECTOR RELOCATION ( ARDOT 733) 2 EA $ 820.00 $ 1,640.00
3.87 VIDEO DETECTOR ROTATION ( SP # 28) 4 EA $ 820.00 $ 3,280.00
3.88 ITERIS VANTAGE NEXT VIDEO DETECTOR ( SP # 18 & ARDOT 733) 2 EA $ 5,100.00 $ 10,200.00
3.89 ITERIS VANTAGE VECTOR HYBRID DETECTOR ( SP # 18 & ARDOT 733) 2 EA $ 11,500.00 $ 23,000.00
3.90 INVID TECH, IMHD-10, HDMI VIDEO MONITOR (SP # 18 & ARDOT 733) 1 EA $ 1,600.00 $ 1,600.00
3.91 ITERIS VANTAGE NEXT SHELF-MOUNT CCU (SP # 18 & ARDOT 733) 1 EA $ 56,000.00 $ 56,000.00
3.92 RELOCATION OF TRAFFIC SIGNAL HEAD (SP # 21) 1 EA 550.00 $ 550.00
4 $ PACKAGE D -WATER AND SEWER RELOCATION 321,994.00
4.1 CONSTRUCTION CONTROL AND LAYOUT 1 LS $ 70,000.00 $ 70,000.00
4.2 6" DIA. WATER LINE (AWWA C900 DR14) 20 LF $ 306.00 $ 6,120.00
4.3 8" DIA. WATER LINE (AWWA C900 DR14) 222 LF $ 316.00 $ 70,152.00
4.4 TAPPING SLEEVE AND VALVE (8"X8") 1 EA $ 14,000.00 $ 14,000.00
4.5 6" GATE VALVE 1 EA $ 5,050.00 $ 5,050.00
4.6 8" GATE VALVE 2 EA $ 6,500. 00 $ 13, 000. 00
4.7 FIRE HYDRANT ASSEMBLY INSTALLED COMPLETE 1 EA $ 23,500.00 $ 23,500.00
4.8 SINGLE WATER METER INSTALLED COMPLETE 2 EA $ 9,100. 00 $ 18, 200. 00
4.9 DOUBLE WATER METER INSTALLED COMPLETE 1 EA $ 16,500.00 $ 16,500.00
4.10 DUCTILE IRON FITTINGS 164 LBS $ 48. 00 $ 7,872. 00
4.11 CUT & CAP ABANDON EXISTING WATERLINE ( 6") 2 EA $ 4,675.00 $ 9,350.00
4.12 FIRE HYDRANT ASSEMBLY REMOVAL 1 EA $ 3,300. 00 $ 3,300. 00
4.13 2" DIA COATED COPPER PIPE AND FITTINGS 80 LF $ 105.00 $ 8,400.00
4.14 8" DIA. REMOVE CLAY PIPE AND REPLACE WITH PVC 20 LF $ 550. 00 $ 11, 000. 00
4.15 16" DIAMETER STEEL CASING WITH W/MECHANICAL LINK END SEALS AND SPACERS ( DIRECT BURY) 10 LF $ 775.00 $ 7,750.00
4.16 SANITARY SEWER MANHOLE -REMOVE CONE, LOWER TO GRADE 2 EA $ 4,500. 00 $ 9,000. 00
4.17 SANITARY SEWER MANHOLE -ADJUST RING TO GRADE 2 EA $ 2,500.00 $ 5,000.00
4.18 FLOWABLE FILL -ABANDON 8" WATERLINE UNDER ROADWAY 410 LF $ 45. 00 $ 18, 450. 00
4.19 UTILITY ADJUSTMENT -WATER VALVE / METER 2 EA 2,675.00 $ 5,350.00
NOTICE: Bid award is contingent upon supplier meeting minimum specifications and formal authorization by City Officials.
Trevel Young, Procurement Agent
Kenny Fitch, Sr Procurement Agent
Bid 26-37 Addendum 2
APAC-Central, Inc.
Supplier Response
Event Information
Number: Bid 26-37 Addendum 2
Title: Construction -Millsap/ College Intersection & Hemlock Improvements
Type: Invitation to Bid
Issue Date: 5/17/2026
Deadline: 6/10/2026 02:00 PM (CT)
Notes: The City of Fayetteville is accepting sealed bids from contractors for
the construction of improvements to the intersection at Millsap Rd. and
College Ave. including the relocation & construction of N. Hemlock
Avenue. Improvements include roadway construction, curb & gutter,
sidewalks, drainage, and traffic signal modifications. Questions
regarding this bid should be addressed to Kenny Fitch, Sr.
Procurement Agent at kfitch@fayetteville-ar.gov.
Contact Information
Contact: Kenny Fitch -Sr Procurement Agent
Address: Procurement
City Hall
Room 306
113 W. Mountain St.
Fayetteville, AR 72701
Phone:( 479) 575-8258
Email: kfitch@fayetteville-ar.gov
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum1 of 12 pages
APAC-Central, Inc. Information
Contact: Doug Luetjen
Address: 755 E. Millsap Rd
Fayetteville, AR 72703
Phone:( 479) 587-3300
Email: doug.luetjen@apac.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Doug Luetjen Doug. Luetjen@apac. com
Signature Email
Submitted at 6/10/ 2026 11: 04: 26 AM ( CT)
Requested Attachments
Bid26-37_ Bid
Signature Forms for Bid 26-37
Submittal_ FINAL_ APAC. pdf
Please attach your completed forms. These documents can be found in FILE # 01 -PROJECT MANUAL in the
Attachments tab. Please be sure to include ALL required information stated in the Project Manual.
Millsap College Bid_ APAC Bid
Bid Bond for Bid 26-37
Bond_ EXECUTED. pdf
Please attach a signed and completed copy of your bid bond. The Bid Bond must be signed by both the bidder
and the surety company to be considered valid. An invalid Bid Bond shall be grounds for bid rejection.
Bid bonds in the form of a cashier' s check shall be delivered to City Hall, Procurement Division before bid deadline
and have a copy of the cashier' s check uploaded with submittal.
Bid Attributes
1 Arkansas Secretary of State Filing Number:
100057210
2 Arkansas Contractor License Number:
Contractor' s License must have a classification relating to the scope of this project.
0011840427
3 System for Award Management ( SAM.gov) Registration Number
FTNNZLURMXZ5
4 Check Yes or No:
Pursuant Arkansas Code Annotated § 25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
Yes, I agree
No, I don' t agree
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum2 of 12 pages
5 Check Yes or No:
Pursuant Arkansas Code Annotated § 25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy,
Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in
contract, with any
public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy,
Fossil Fuel,
Firearms, and/ or Ammunition Industries, the contractor must notify the contracted public entity in writing.
Yes, I agree
No, I don' t agree
6 Addendum Acknowledgement:
By selecting " I agree", you acknowledge that you have read and understand any addendums that have been issued
for this bid.
I agree
Bid Lines
1 Package Header
PACKAGE A -BASE BID ITEMS
Quantity: 1 UOM: EA Total:$ 195, 500. 00
Package Items
1.1 MOBILIZATION ( SHALL NOT EXCEED 5% OF TOTAL BID PRICE, EXCLUDING BONDS & INSURANCE
AND TRENCH & EXCAVATION SAFETY)
Quantity: 1 UOM: LS Price:$ 145, 000. 00 Total:$ 145, 000. 00
1.2 BONDS & INSURANCE
Quantity: 1 UOM: LS Price:$ 20, 500. 00 Total:$ 20, 500. 00
1.3 TRENCH & EXCAVATION SAFETY
Quantity: 1 UOM: LS Price:$ 30,000.00 Total:$ 30,000.00
2 Package Header
PACKAGE B -HEMLOCK
Quantity: 1 UOM: EA Total:$ 1,031, 416. 30
Package Items
2.1 ROADWAY CONSTRUCTION CONTROL
Quantity: 1 UOM: LS Price:$ 45, 000. 00 Total:$ 45, 000. 00
2.2 CLEARING, GRUBBING, AND DEMOLITION
Quantity: 1 UOM: LS Price:$ 60, 000. 00 Total:$ 60, 000. 00
2.3 UNCLASSIFIED EXCAVATION ( PLAN QUANTITY)
Quantity: 1883 UOM: CY Price:$ 45. 25 Total:$ 85, 205. 75
2.4 EMBANKMENT ( PLAN QUANTITY)
Quantity: 427 UOM: CY Price:$ 18.50 Total:$ 7,899.50
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum3 of 12 pages
2.5 SELECT EMBANKMENT ( PLAN QUANTITY)
Quantity: 1468 UOM: CY Price:$
2.6 UNDERCUT AND BACKFILL ( IF AND WHERE DIRECTED)
39. 00 Total:$ 57, 252. 00
Quantity: 200 UOM: CY
2.7 ROCK EXCAVATION ( ALLOWANCE)
Price:$ 108. 00 Total:$ 21, 600. 00
Quantity: 10 UOM: CY
2.8 SUBGRADE PREPARATION
Price:$ 580. 00 Total:$ 5,800. 00
Quantity: 2218 UOM: SY Price:$
2.9 4" TOPSOIL PLACEMENT ( SOD + SEEDING AREAS)
3.60 Total:$ 7,984. 80
Quantity: 1552 UOM: SY
2.10 18" REINFORCED CONCRETE
Price:$
PIPE ( CLASS III) UNDER PAVEMENT
5.90 Total:$ 9,156. 80
Quantity: 51 UOM: LF Price:$ 170. 00
2.11 24" REINFORCED CONCRETE PIPE (CLASS III) -UNDER PAVEMENT
Total:$ 8,670. 00
Quantity: 20 UOM: LF Price:$
2.12 18" REINFORCED CONCRETE PIPE (CLASS III)
194. 00 Total:$ 3,880. 00
Quantity: 58 UOM: LF Price:$
2.13 24" REINFORCED CONCRETE PIPE (CLASS III)
120. 00 Total:$ 6,960. 00
Quantity: 26 UOM: LF
2.14 18" R.C. FLARED END SECTION
Price:$ 137. 50 Total:$ 3,575. 00
Quantity: 1 UOM: EA
2.15 24" R.C. FLARED END SECTION
Price:$ 1,250. 00 Total:$ 1,250. 00
Quantity: 1 UOM: EA
2.16 4'X4' DROP INLETS ( TYPE D2)
Price:$ 1,350. 00 Total:$ 1,350. 00
Quantity: 3 UOM: EA
2.17 4' DIA. DROP INLETS ( TYPE D1)
Price:$ 11, 000. 00 Total:$ 33, 000. 00
Quantity: 2 UOM: EA
2.18 4' DROP INLET EXTENSION
Price:$ 11, 100. 00 Total:$ 22, 200. 00
Quantity: 2 UOM: EA
2.19 DRAINAGE STRUCTURE BACK OPENING
Price:$ 2,225. 00 Total:$ 4,450. 00
Quantity: 1 UOM:
2.20 CONCRETE FLUME
EA Price:$ 5,000. 00 Total:$ 5,000. 00
Quantity: 2 UOM: SY
2.21 LANDSCAPE ROCK DRAINAGE SWALE
Price:$ 1,250. 00 Total:$ 2,500. 00
Quantity: 60 UOM:
2.22 SCOUR TRANSITION
LF
MAT
Price:$ 55. 50 Total:$ 3,330. 00
Quantity: 32 UOM: SF Price:$
2.23 SELECT PIPE BACKFILL ( CLASS 67)(IF AND WHERE DIRECTED)
30. 00 Total:$ 960. 00
Quantity: 50 UOM: CY Price:$ 109. 50 Total:$ 5,475. 00
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum4 of 12 pages
2.24 6" DEPTH AGGREGATE BASE COURSE
Quantity: 2218 UOM: SY Price:$ 13. 30 Total:$ 29, 499. 40
2.25 P.C.C. PAVEMENT ( 6" UNIFORM THICKNESS), INCLUDING MONOLITHIC CURB ( TYPE A)
Quantity: 2032 UOM: SY Price:$ 173. 00 Total:$ 351, 536. 00
2.26 ASPHALT CONCRETE PATCHING FOR MAINTENANCE OF TRAFFIC
Quantity: 40 UOM: TON Price:$ 290. 00 Total:$ 11, 600. 00
2.27 U OF A PROPERTY -APRON ( PAVERS)
Quantity: 185 UOM: SF Price:$ 66. 75 Total:$ 12, 348. 75
2.28 U OF A PROPERTY -MODIFIED CURB (2")
Quantity: 43 UOM: LF Price:$ 94.75 Total:$ 4,074.25
2.29 U OF A PROPERTY-CONCRETE CURB AND GUTTER ( TYPE A)
Quantity: 81 UOM: LF Price:$ 65.25 Total:$ 5,285.25
2.30 U OF A PROPERTY -FLUSH CONCRETE HEADER
Quantity: 18 UOM: LF Price:$ 125. 00 Total:$ 2,250. 00
2.31 U OF A PROPERTY -8" DEPTH AGGREGATE BASE
Quantity: 162 UOM: SY Price:$ 57.00 Total:$ 9,234.00
2.32 U OF A PROPERTY -3" THICKNESS ACHM SURFACE COURSE
Quantity: 23 UOM: TON Price:$ 275. 00 Total:$ 6,325. 00
2.33 U OF A PROPERTY -PRIME COAT
Quantity: 136 UOM: SY Price:$ 4.75 Total:$ 646. 00
2.34 U OF A PROPERTY -6" CONCRETE SIDEWALK THRU DRIVEWAY
Quantity: 21 UOM: SY Price:$ 178. 00 Total:$ 3,738. 00
2.35 U OF A PROPERTY -CONCRETE SIDEWALK WITH TURN DOWN EDGE (MATCH EXISTING)
Quantity: 8 UOM: SY Price:$ 680. 00 Total:$ 5,440. 00
2.36 U OF A PROPERTY -RELOCATE LIGHT POLE
Quantity: 1 UOM: EA Price:$ 11, 625. 00 Total:$ 11, 625. 00
2.37 U OF A PROPERTY -CHAIN LINK SECURITY FENCE
Quantity: 35 UOM: LF Price:$ 110. 00 Total:$ 3,850. 00
2.38 4" THICK CONCRETE SIDEWALK
Quantity: 477 UOM: SY Price:$ 82. 00 Total:$ 39, 114. 00
2.39 SOLID SOD
Quantity: 1552 UOM: SY Price:$ 4.65 Total:$ 7,216. 80
2.40 ADDITIONAL WATERING
Quantity: 1 UOM: MG Price:$ 545. 00 Total:$ 545. 00
2.41 4" PAVEMENT MARKING ( THERMOPLASTIC)
Quantity: 80 UOM: LF Price:$ 3.30 Total:$ 264. 00
2.42 6" PAVEMENT MARKING ( THERMOPLASTIC)
Quantity: 1150 UOM: LF Price:$ 3.55 Total:$ 4,082. 50
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum5 of 12 pages
2.43 24" PAVEMENT MARKING ( THERMOPLASTIC)
Quantity: 20 UOM: LF Price:$ 21. 90 Total:$ 438. 00
2.44 STREET SIGN INSTALLATION
Quantity: 6 UOM: EA Price:$ 382. 50 Total:$ 2,295. 00
2.45 EROSION CONTROL
Quantity: 1 UOM: LS Price:$ 11, 675. 00 Total:$ 11, 675. 00
2.46 TRAFFIC CONTROL AND MAINTENANCE
Quantity: 1 UOM: LS Price:$ 96, 000. 00 Total:$ 96, 000. 00
2.47 AGGREGATE BASE FOR ROADWAY MAINTENANCE
Quantity: 20 UOM: TON Price:$ 114. 50 Total:$ 2,290. 00
2.48 CAST-IN-PLACE DETECTABLE WARNING PANEL
Quantity: 25 UOM: SF Price:$ 25. 15 Total:$ 628. 75
2.49 HANDICAP ACCESS RAMP
Quantity: 23 UOM: SY Price:$ 257. 25 Total:$ 5,916. 75
2.50 TREE PROTECTION FENCING
Quantity: 200 UOM: LF Price:$ 5.00 Total:$ 1,000. 00
3 Package Header
PACKAGE C -MILLSAP
Quantity: 1 UOM: EA Total:$ 2,019, 900. 90
Package Items
3.1 ROADWAY CONSTRUCTION CONTROL
Quantity: 1 UOM: LS Price:$ 65, 000. 00 Total:$ 65, 000. 00
3.2 CLEARING, GRUBBING, AND DEMOLITION
Quantity: 1 UOM: LS Price:$ 105, 000. 00 Total:$ 105, 000. 00
3.3 UNCLASSIFIED EXCAVATION ( PLAN QUANTITY)
Quantity: 1000 UOM: CY Price:$ 121. 50 Total:$ 121, 500. 00
3.4 EMBANKMENT ( PLAN QUANTITY)
Quantity: 320 UOM: CY Price:$ 24. 75 Total:$ 7,920. 00
3.5 SELECT EMBANKMENT ( PLAN QUANTITY)
Quantity: 2150 UOM: CY Price:$ 40. 60 Total:$ 87, 290. 00
3.6 UNDERCUT AND BACKFILL ( IF AND WHERE DIRECTED)
Quantity: 100 UOM: CY Price:$ 150. 00 Total:$ 15,000. 00
3.7 ROCK EXCVATION ( ALLOWANCE)
Quantity: 10 UOM: CY Price:$ 580. 00 Total:$ 5,800. 00
3.8 SUBGRADE PREPARATION
Quantity: 2475 UOM: SY Price:$ 6.40 Total:$ 15, 840. 00
3.9 4" TOPSOIL PLACEMENT
Quantity: 1850 UOM: SY Price:$ 5.90 Total:$ 10, 915. 00
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum6 of 12 pages
3.10 18" REINFORCED CONCRETE PIPE (CLASS III) -UNDER PAVEMENT
Quantity: 90 UOM: LF Price:$ 120. 00 Total:$ 10, 800. 00
3.11 23"X14" HERCP ( CLASS III) -UNDER PAVEMENT
Quantity: 184 UOM: LF Price:$ 151. 50 Total:$ 27, 876. 00
3.12 24" REINFORCED CONCRETE PIPE (CLASS III) -UNDER PAVEMENT
Quantity: 23 UOM: LF Price:$ 148. 50 Total:$ 3,415. 50
3.13 18" REINFORCED CONCRETE PIPE (CLASS III)
Quantity: 111 UOM: LF Price:$ 125. 25 Total:$ 13, 902. 75
3.14 24" REINFORCED CONCRETE PIPE (CLASS III)
Quantity: 23 UOM: LF Price:$ 148. 50 Total:$ 3,415. 50
3.15 24" R.C. FLARED END SECTION
Quantity: 1 UOM: EA Price:$ 1,350. 00 Total:$ 1,350. 00
3.16 4'X4' DROP INLETS ( TYPE D2)
Quantity: 4 UOM: EA Price:$ 10, 000. 00 Total:$ 40, 000. 00
3.17 5'X5' JUNCTION BOXES ( TYPE D4)
Quantity: 1 UOM: EA Price:$ 13, 500. 00 Total:$ 13, 500. 00
3.18 4' DROP INLET EXTENSION
Quantity: 2 UOM: EA Price:$ 1,600. 00 Total:$ 3,200. 00
3.19 8' DROP INLET EXTENSION
Quantity: 2 UOM: EA Price:$ 3,000. 00 Total:$ 6,000. 00
3.20 DRAINAGE STRUCTURE BACK OPENING ( SP #6)
Quantity: 1 UOM: EA Price:$ 5,000. 00 Total:$ 5,000. 00
3.21 CONRETE FLUME ( SP #7)
Quantity: 10 UOM: SY Price:$ 360. 00 Total:$ 3,600. 00
3.22 SELECT PIPE BACKFILL ( CLASS 67)(IF AND WHERE DIRECTED) ( SP #8)
Quantity: 50 UOM: CY Price:$ 110. 00 Total:$ 5,500. 00
3.23 PRIME COAT
Quantity: 2825 UOM: SY Price:$ 4.60 Total:$ 12,995.00
3.24 2" ASPHALT CONCRETE HOT MIX SURFACE COURSE ( ACHMSC)
Quantity: 360 UOM: TON Price:$ 195. 00 Total:$ 70, 200. 00
3.25 4" ASPHALT CONCRETE HOT MIX BINDER COURSE ( ACHMBC)
Quantity: 550 UOM: TON Price:$ 175. 00 Total:$ 96, 250. 00
3.26 5" ASPHALT CONCRETE HOT MIX BASE COURSE ( ACHMBC)
Quantity: 815 UOM: TON Price:$ 145. 00 Total:$ 118, 175. 00
3.27 ASPHALT CONCRETE PATCHING FOR MAINTENANCE OF TRAFFIC
Quantity: 40 UOM: TON Price:$ 460. 00 Total:$ 18, 400. 00
3.28 PORTLAND CEMENT CONCRETE BASE (4" UNIFORM THICKNESS) ( ARDOT 308)
Quantity: 68 UOM: SY Price:$ 120. 00 Total:$ 8,160. 00
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum7 of 12 pages
3.29 PORTLAND CEMENT CONCRETE BASE (5" UNIFORM THICKNESS) ( ARDOT 309)
Quantity: 120 UOM: SY Price:$ 140. 00 Total:$ 16, 800. 00
3.30 CONCRETE CURB AND GUTTER ( TYPE A)
Quantity: 1545 UOM: LF Price:$ 47. 25 Total:$ 73, 001. 25
3.31 4" THICK CONCRETE SIDEWALK
Quantity: 712 UOM: SY Price:$ 91. 00 Total:$ 64, 792. 00
3.32 CONCRETE PEDESTRIAN REFUGE ISLANDS ( SP #9)
Quantity: 41 UOM: SY Price:$ 300. 00 Total:$ 12, 300. 00
3.33 CONCRETE DRIVEWAY APRONS
Quantity: 365 UOM: SY Price:$ 115. 50 Total:$ 42, 157. 50
3.34 ASPHALT DRIVEWAY
Quantity: 295 UOM: SY Price:$ 60. 00 Total:$ 17, 700. 00
3.35 SOLID SOD
Quantity: 1850 UOM: SY Price:$ 4.65 Total:$ 8,602. 50
3.36 ADDITIONAL WATERING
Quantity: 1 UOM: MG Price:$ 550. 00 Total:$ 550. 00
3.37 6" PAVEMENT MARKING ( THERMOPLASTIC)
Quantity: 3278 UOM: LF Price:$ 4.95 Total:$ 16,226.10
3.38 8" PAVEMENT MARKING ( THERMOPLASTIC)
Quantity: 280 UOM: LF Price:$ 6.00 Total:$ 1,680. 00
3.39 10" PAVEMENT MARKING ( THERMOPLASTIC)
Quantity: 318 UOM: LF Price:$ 13.10 Total:$ 4,165.80
3.40 24" PAVEMENT MARKING ( THERMOPLASTIC)
Quantity: 510 UOM: LF Price:$ 27. 35 Total:$ 13, 948. 50
3.41 PAVEMENT SYMBOLS ( THERMOPLASTIC)
Quantity: 22 UOM: EA Price:$ 545. 00 Total:$ 11, 990. 00
3.42 PAVEMENT MARKING REMOVAL
Quantity: 250 UOM: SF Price:$ 2.20 Total:$ 550. 00
3.43 STREET SIGN INSTALLATION
Quantity: 17 UOM: EA Price:$ 382. 50 Total:$ 6,502. 50
3.44 EROSION CONTROL
Quantity: 1 UOM: LS Price:$ 7,225. 00 Total:$ 7,225. 00
3.45 TRAFFIC CONTROL AND MAINTENANCE
Quantity: 1 UOM: LS Price:$ 150, 000. 00 Total:$ 150, 000. 00
3.46 AGGREGATE BASE FOR ROADWAY MAINTENANCE
Quantity: 80 UOM: TON Price:$ 41.50 Total:$ 3,320.00
3.47 PORTABLE CHANGEABLE MESSAGE SIGN
Quantity: 1825 UOM: DAY Price:$ 27. 25 Total:$ 49, 731. 25
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum8 of 12 pages
3.48 CAST-IN-PLACE DETECTABLE WARNING PANEL
Quantity: 160 UOM: SF Price:$ 22.30 Total:$ 3,568.00
3.49 HANDICAP ACCESS RAMP
Quantity: 50 UOM: SY Price:$ 252. 50 Total:$ 12, 625. 00
3.50 PROJECT SIGNS
Quantity: 4 UOM: EA Price:$ 985. 00 Total:$ 3,940. 00
3.51 COLD MILLING PAVEMENT
Quantity: 660 UOM: SY Price:$ 19. 60 Total:$ 12, 936. 00
3.52 GRAVITY BLOCK RETAINING WALL (SP #10)
Quantity: 745 UOM: SF Price:$ 82. 25 Total:$ 61, 276. 25
3.53 REMOVE AND REPLACE TREES ( SP #11)
Quantity: 7 UOM: EA Price:$ 630. 00 Total:$ 4,410. 00
3.54 IRRIGATION SYSTEM ADJUSTMENT ( SP #12)
Quantity: 1 UOM: LS Price:$ 7,100. 00 Total:$ 7,100. 00
3.55 TREE PROTECTION FENCING
Quantity: 200 UOM: LF Price:$ 5.00 Total:$ 1,000. 00
3.56 McCAIN ATC eX2 NEMA CONTROLLER TS2-TYPE 2 (SP #17 & ARDOT 701)
Quantity: 1 UOM: EA Price:$ 50, 500. 00 Total:$ 50, 500. 00
3.57 SHIREEN ITEM # DC-1021, CAT 5E VIDEO CABLE OR EQUAL ( SHIELDED) ( SP #18)
Quantity: 1045 UOM: LF Price:$ 2.45 Total:$ 2,560. 25
3.58 EMERGENCY VEHICLE PREEMPTION SYSTEM RELOCATION ( SP #33)
Quantity: 2 UOM: EA Price:$ 2,350. 00 Total:$ 4,700. 00
3.59 TESCO CLASS 22 BBS (BATTERY BACKUP SYSTEM) (SP #19)
Quantity: 1 UOM: EA Price:$ 22, 820. 00 Total:$ 22, 820. 00
3.60 TRAFFIC SIGNAL HEAD, LED, (3 SECTION, 1 WAY) (SP #20 & ARDOT 706)
Quantity: 9 UOM: EA Price:$ 1,760.00 Total:$ 15,840.00
3.61 TRAFFIC SIGNAL HEAD, LED, ( 4 SECTION, 1 WAY) ( SP # 20 & ARDOT 706)
Quantity: 3 UOM: EA Price:$ 2,615. 00 Total:$ 7,845. 00
3.62 POLARA iCCU-S2 (INTELLIGENT CENTRAL CONTROL UNIT -SHELF MOUNT) INCLUDES BIU
CAPABILITY ( SP #31 & ARDOT 707)
Quantity: 1 UOM: EA Price:$ 5,525. 00 Total:$ 5,525. 00
3.63 POLARA iNS2 3TN0-B, 9x15 APS PUSHBUTTON STATION (BLACK) (SP #31 & ARDOT 707)
Quantity: 8 UOM: EA Price:$ 1,650.00 Total:$ 13,200.00
3.64 EAGLE 16" COUNTDOWN PEDESTRIAN SIGNAL HEAD (LED) (ALUMINUM) ( SP #22 & ARDOT 707)
Quantity: 8 UOM: EA Price:$ 1,355.00 Total:$ 10,840.00
3.65 TRAFFIC SIGNAL CABLE (5C/12 A.W.G.) (ARDOT 708)
Quantity: 1460 UOM: LF Price:$ 4.40 Total:$ 6,424. 00
3.66 TRAFFIC SIGNAL CABLE (5C/14 A.W.G.) (ARDOT 708)
Quantity: 1600 UOM: LF Price:$ 5.50 Total:$ 8,800. 00
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum9 of 12 pages
3.67 TRAFFIC SIGNAL CABLE (7C/14 A.W.G.) (ARDOT 708)
Quantity: 260 UOM: LF Price:$ 7.65 Total:$ 1,989. 00
3.68 TRAFFIC SIGNAL CABLE ( 20C/14 A.W.G.) (ARDOT 708)
Quantity: 800 UOM: LF Price:$ 13. 10 Total:$ 10, 480. 00
3.69 ELECTRICAL CONDUCTORS-IN-CONDUIT ( 1C/8 A.W.G., E.G.C.) (SP #23)
Quantity: 940 UOM: LF Price:$ 2.75 Total:$ 2,585. 00
3.70 ELECTRICAL CONDUCTORS-IN-CONDUIT ( 1C/12 A.W.G., E.G.C.) (SP #23)
Quantity: 220 UOM: LF Price:$ 1.85 Total:$ 407. 00
3.71 ELECTRICAL CONDUCTORS-IN-CONDUIT ( 2C/6 A.W.G.) (SP #23)
Quantity: 220 UOM: LF Price:$ 7.50 Total:$ 1,650. 00
3.72 ELECTRICAL CONDUCTORS FOR LUMINAIRES ( SP #29)
Quantity: 805 UOM: LF Price:$ 3.15 Total:$ 2,535. 75
3.73 GALVANIZED STEEL CONDUIT ( 2") (ARDOT 709)
Quantity: 20 UOM: LF Price:$ 89.00 Total:$ 1,780.00
3.74 NON-METALLIC CONDUIT (2") (ARDOT 710)
Quantity: 295 UOM: LF Price:$ 46. 50 Total:$ 13, 717. 50
3.75 NON-METALLIC CONDUIT (3") (ARDOT 710)
Quantity: 600 UOM: LF Price:$ 62. 30 Total:$ 37, 380. 00
3.76 CONCRETE PULL BOX ( TYPE 2) (ARDOT SS & 711)
Quantity: 5 UOM: EA Price:$ 2,225.00 Total:$ 11,125. 00
3.77 CONCRETE PULL BOX (TYPE 3) (ARDOT SS & 711)
Quantity: 1 UOM: EA Price:$ 2,500. 00 Total:$ 2,500. 00
3.78 CONCRETE PULL BOX (TYPE 2 HD) (ARDOT SS & 711)
Quantity: 2 UOM: EA Price:$ 2,400. 00 Total:$ 4,800. 00
3.79 CONCRETE PULL BOX (TYPE 3 HD) (ARDOT SS & 711)
Quantity: 1 UOM: EA Price:$ 2,725. 00 Total:$ 2,725. 00
3.80 TRAFFIC SIGNAL PEDESTAL POLE WITH FOUNDATION ( ARDOT SS & 711)
Quantity: 6 UOM: EA Price:$ 4,500.00 Total:$ 27,000.00
3.81 TRAFFIC SIGNAL MAST ARM AND POLE WITH FOUNDATION ( 42') (ARDOT SS & 711)
Quantity: 3 UOM: EA Price:$ 43, 000. 00 Total:$ 129, 000. 00
3.82 AUTOBAHN SERIES ATBM P40 LED LUMINAIRE ASSEMBLY ( SP #24)
Quantity: 4 UOM: EA Price:$ 1,500. 00 Total:$ 6,000. 00
3.83 SERVICE POINT ASSEMBLY ( 2 CIRCUITS) ( SP #25)
Quantity: 1 UOM: EA Price:$ 5,500. 00 Total:$ 5,500. 00
3.84 REMOVAL OF TRAFFIC SIGNAL EQUIPMENT ( SP #26)
Quantity: 1 UOM: LS Price:$ 5,500. 00 Total:$ 5,500. 00
3.85 18" STREET NAME SIGN (SP #27)
Quantity: 4 UOM: EA Price:$ 950. 00 Total:$ 3,800. 00
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum10 of 12 pages
3.86 VIDEO DETECTOR RELOCATION ( ARDOT 733)
Quantity: 2 UOM: EA Price:$ 820. 00 Total:$ 1,640. 00
3.87 VIDEO DETECTOR ROTATION ( SP #28)
Quantity: 4 UOM: EA Price:$ 820. 00 Total:$ 3,280. 00
3.88 ITERIS VANTAGE NEXT VIDEO DETECTOR ( SP #18 & ARDOT 733)
Quantity: 2 UOM: EA Price:$ 5,100. 00 Total:$ 10, 200. 00
3.89 ITERIS VANTAGE VECTOR HYBRID DETECTOR ( SP #18 & ARDOT 733)
Quantity: 2 UOM: EA Price:$ 11, 500. 00 Total:$ 23, 000. 00
3.90 INVID TECH, IMHD-10, HDMI VIDEO MONITOR ( SP #18 & ARDOT 733)
Quantity: 1 UOM: EA Price:$ 1,600. 00 Total:$ 1,600. 00
3.91 ITERIS VANTAGE NEXT SHELF-MOUNT CCU ( SP # 18 & ARDOT 733)
Quantity: 1 UOM: EA Price:$ 56, 000. 00 Total:$ 56, 000. 00
3.92 RELOCATION OF TRAFFIC SIGNAL HEAD ( SP #21)
Quantity: 1 UOM: EA Price:$ 550. 00 Total:$ 550. 00
4 Package Header
PACKAGE D -WATER AND SEWER RELOCATION
Quantity: 1 UOM: EA Total:$ 321, 994. 00
Package Items
4.1 CONSTRUCTION CONTROL AND LAYOUT
Quantity: 1 UOM: LS Price:$ 70, 000. 00 Total:$ 70, 000. 00
4.2 6" DIA. WATER LINE (AWWA C900 DR14)
Quantity: 20 UOM: LF Price:$ 306. 00 Total:$ 6,120. 00
4.3 8" DIA. WATER LINE (AWWA C900 DR14)
Quantity: 222 UOM: LF Price:$ 316. 00 Total:$ 70,152. 00
4.4 TAPPING SLEEVE AND VALVE (8"X8")
Quantity: 1 UOM: EA Price:$ 14, 000. 00 Total:$ 14, 000. 00
4.5 6" GATE VALVE
Quantity: 1 UOM: EA Price:$ 5,050. 00 Total:$ 5,050. 00
4.6 8" GATE VALVE
Quantity: 2 UOM: EA Price:$ 6,500. 00 Total:$ 13, 000. 00
4.7 FIRE HYDRANT ASSEMBLY INSTALLED COMPLETE
Quantity: 1 UOM: EA Price:$ 23,500. 00 Total:$ 23,500. 00
4.8 SINGLE WATER METER INSTALLED COMPLETE
Quantity: 2 UOM: EA Price:$ 9,100. 00 Total:$ 18, 200. 00
4.9 DOUBLE WATER METER INSTALLED COMPLETE
Quantity: 1 UOM: EA Price:$ 16, 500. 00 Total:$ 16, 500. 00
4.10 DUCTILE IRON FITTINGS
Quantity: 164 UOM: LBS Price:$ 48. 00 Total:$ 7,872. 00
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum11 of 12 pages
4.11 CUT & CAP ABANDON EXISTING WATERLINE ( 6")
Quantity: 2 UOM: EA Price:$ 4,675. 00 Total:$ 9,350. 00
4.12 FIRE HYDRANT ASSEMBLY REMOVAL
Quantity: 1 UOM: EA Price:$ 3,300. 00 Total:$ 3,300. 00
4.13 2" DIA COATED COPPER PIPE AND FITTINGS
Quantity: 80 UOM: LF Price:$ 105. 00 Total:$ 8,400. 00
4.14 8" DIA. REMOVE CLAY PIPE AND REPLACE WITH PVC
Quantity: 20 UOM: LF Price:$ 550. 00 Total:$ 11, 000. 00
4.15 16" DIAMETER STEEL CASING WITH W/MECHANICAL LINK END SEALS AND SPACERS ( DIRECT
BURY)
Quantity: 10 UOM: LF Price:$ 775. 00 Total:$ 7,750. 00
4.16 SANITARY SEWER MANHOLE -REMOVE CONE, LOWER TO GRADE
Quantity: 2 UOM: EA Price:$ 4,500. 00 Total:$ 9,000. 00
4.17 SANITARY SEWER MANHOLE -ADJUST RING TO GRADE
Quantity: 2 UOM: EA Price:$ 2,500. 00 Total:$ 5,000. 00
4.18 FLOWABLE FILL -ABANDON 8" WATERLINE UNDER ROADWAY
Quantity: 410 UOM: LF Price:$ 45.00 Total:$ 18,450.00
4.19 UTILITY ADJUSTMENT -WATER VALVE / METER
Quantity: 2 UOM: EA Price:$ 2,675. 00 Total:$ 5,350. 00
Response Total: $3,568,811.20
2PageVendor: APAC-Central, Inc. Bid 26-37 Addendum12 of 12 pages
City of Fayetteville, Arkansas
Procurement Division – Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8256
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID
Bid 26-37, Construction – Millsap/College Intersection & Hemlock
Improvements
DEADLINE: Wednesday, June 10, 2026 before 2:00 PM, Local Time
PRE-BID MEETING: Wednesday, May 27, 2026 at 11:00 AM
SR. PROCUREMENT AGENT: Kenny Fitch, kfitch@fayetteville-ar.gov
DATE OF ISSUE & ADVERTISEMENT: 05/17/2026 & 05/24/2026
No late bids shall be accepted. Bids shall be submitted in one of the following methods: (1) through the City’s third-party
electronic bidding platform or (2) delivering in person via sealed envelope to the City of Fayetteville Procurement Division.
Submitting through the City’s electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance
with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in
every blank and shall supply all information requested; failure to do so may be used as basis of rejection.
NOTICE TO ALL BIDDERS:
All interested parties can obtain files for this project by going to http://fayetteville-ar.gov/bids. Bid documents shall be
distributed electronically from the City of Fayetteville Procurement Division only.
BID PACKAGE INCLUDES THE FOLLOWING FILES WHICH SHALL BE LISTED UNDER “ATTACHMENTS”:
FILE #01: PROJECT MANUAL – 688 Total Pages
FILE #02: PLANS – 92 Plan Sheets
Additional files added as addendums are issued. Addendums will be uploaded and posted to the City’s electronic bidding
platform.
PLAN HOLDER LISTINGS: A listing of vendors who have received documents can be found in the City’s electronic bidding
platform under the project section tab titled ‘Plan Holders’.
Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring
http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection.
THIS PAGE INTENTIONALLY LEFT BLANK
Advertisement
City of Fayetteville, Arkansas
INVITATION TO BID
Bid 26-37, Construction – Millsap/College Intersection & Hemlock Improvements
The City of Fayetteville is accepting sealed bids from contractors for the construction of improvements to the intersection at Millsap
Rd. and College Ave. including the relocation & construction of N. Hemlock Avenue. Improvements include roadway construction, curb
gutter, sidewalks, drainage, and traffic signal modifications. Questions regarding this bid should be addressed to Kenny Fitch, Sr.
Procurement Agent at kfitch@fayetteville-ar.gov.
A non-mandatory pre-bid meeting will be held Wednesday, May 27, 2026, at 11:00 AM. Details regarding the pre-bid meeting are
available on the project page of the City’s electronic bidding platform. All interested parties are encouraged to attend.
Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Procurement Division’s electronic
bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Wednesday, June 10, 2026, before 2:00 PM local time,
utilizing the electronic bidding software or by submitting a sealed bid to the City of Fayetteville Procurement Division. Submitting a bid
electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline and livestreamed on Zoom.
Each bid exceeding $50,000 shall be accompanied by a cashier’s check from a bank doing business in the State of Arkansas or a
corporate bid bond for five (5) percent of the amount bid. In the event a bidder opts to submit a cashier’s check for a bid bond, the
actual physical cashier’s check shall be delivered to the City prior to the deadline. One hundred percent (100%) performance and
payment bonds are required after the contract award. This amount includes any approved contingency.
Bidders shall have a valid State of Arkansas Contractor’s License, have a valid registration and be in good standing with the Arkansas
Secretary of State, and have an active registration with the System for Award Management (SAM.gov) at the time of the contract
award.
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business
enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general
contractors to subcontract portions of their contract to qualified small, minority and women business enterprises.
The City of Fayetteville hereby notifies all bidders that this contract is subject to applicable labor laws,
non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards
Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply. Build America, Buy America provisions
apply to this project.
The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period
which shall not exceed beyond ninety (90) days from the bid opening date.
City of Fayetteville
By: Kenny Fitch
Sr. Procurement Agent
479.578.8258 kfitch@fayetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 05.17.26 & 05.24.26
This publication was paid for by the Procurement Division of the City of Fayetteville, Arkansas.
Amount paid: $496.12
Project Manual
Engineering Division
113 West Mountain Street
Fayetteville, Arkansas
72701
MILLSAP RD. / COLLEGE AVE.
INTERS. IMPVTS. & N. HEMLOCK
AVE. IMPVTS.
BID # 26-37, Construction
Date: May, 2026
5/14/2026
Bid Check List
Bid 26-37 , Job 040943, MILLSAP/ COLLEGE INTERSECTION IMPRVMNT PROJECT
This checklist is for the Bidder’ s use in preparing & submitting a bid. It is not intended to include all details
necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents.
Information is shown below only as a matter of convenience. Use of this checklist does not relieve the
Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation
of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope;
however, using this form itself is NOT a requirement.
o 5% Bid Bond of the amount bid accompanied by required documentation ( Power of
Attorney, etc.)
In lieu of a bid bond, the bidder may submit a cashier’ s check for at least five
percent ( 5%) of the amount bid ( inclusive of any deductive alternates). Cashiers
checks shall be made payable to the City of Fayetteville, AR.
o All addenda shall be signed, acknowledged, and submitted on the appropriate forms
submitting the actual addendums or marking acknowledgement on other bid pages).
o All line items shall be appropriately filled out and extended to reveal the line item price as
well as the total bid price.
All bidders shall submit the following forms with each bid:
o Bidder' s Qualification Statement ( pages 11 - 14),
o Bid Form ( pages 26 - 31),
o Bid Bond ( pages 32 - 33),
o List of Subcontractors ( page 34),
o Sponsor Supplement to Proposal -Anti-Collusion and Debarment ( pages 680 - 681),
Sponsor Supplement to Proposal -Certification ( pages 682 -683)
Page 1 of 2
o Certification for Federal-Aid Contracts,
Bid Check List
Bid 26-37 , Job 040943, MILLSAP/ COLLEGE INTERSECTION IMPRVMNT PROJECT
o All pages provided with signature lines shall be appropriately signed, dated accordingly,
and included with submitted bid documents.
A State of Arkansas Contractor’ s License is not required to bid on the project; however,
no contractor shall submit a bid prior to submitting an initial application ( which does not
require a full audit) for licensure, and no construction contract shall be executed until the
successful bidder has furnished an appropriate license issued by the State of Arkansas
Contractor’ s Licensing Board.
CONTRACTOR NAME: _______________________________________________________
ARKANSAS CONTRACTORS LICENSE NUMBER:
This is a Federal Aid Project and therefore a License Number is not required for bidding)
Page 2 of 2
TABLE OF CONTENTS
MILLSAP RD./COLLEGE AVE. INTERS. IMPVTS. & N. HEMLOCK AVE. IMPVTS.
CONTRACT DOCUMENTS
INTRODUCTORY INFORMATION
00010 TABLE OF CONTENTS 00010-1 of 2
00100 BID SOLICITATION
00140 BIDDER’ S QUALIFICATION STATEMENT 00140-1 of 4
00200 INSTRUCTIONS TO BIDDERS 00200-1 of 11
00400 BID FORMS AND SUPPLEMENTS
00400 BID FORM 00400-1 of 6
00410 BID BOND 00410-1 of 2
00430 LIST OF SUBCONTRACTORS 00430-1 of 2
00500 AGREEMENT FORM
00500 AGREEMENT FORM 00500-1 of 9
00550 NOTICE TO PROCEED 00550-1 of 2
00600 BONDS AND CERTIFICATES
00610 PERFORMANCE BOND 00610-1 of 2
00611 LABOR AND MATERIAL PAYMENT BOND 00611-1 of 4
00700 CONTRACT GENERAL CONDITIONS 00700-1 of 50
00800 SUPPLEMENTARY CONDITIONS 00800-1 of 1
29 CFR Part 1926 Subpart P, OSHA Standards
DIVISION 1 -GENERAL REQUIREMENTS
01110 SUMMARY OF WORK 01110- 1 of 4
01250 CONTRACT MODIFICATION PROCEDURES 01250-1 of 2
01270 UNIT PRICES 01270- 1 of 2
01271 MEASURMENT AND PAYMENT 01271-1 of 6
01290 PAYMENT PROCEDURES 01290-1 of 2
01290. 01 APPLICATION FOR PAYMENT 01290. 01-1 of
01290. 12 CERTIFICATE OF SUBSTANTIAL COMPLETION 01290. 12-1 of 2
01290. 14 CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 01290. 14-1 of 2
01290. 15 SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 01290. 15-1 of 2
01320 PROJECT MEETINGS, SCHEDULES, AND REPORTS 01320- 1 of 2
01321 SCHEDULE 01321-1 of 2
01325 CONSTRUCTION PHOTOS 01325-1 of 4
01420 DEFINITIONS AND STANDARDS 01420-1 of 4
01530 BARRIERS AND TEMPORARY CONTROLS 01530-1 of 6
01560 TEMPORARY UTILITIES AND FACILITIES 01560-1 of 8
01580 PROJECT IDENTIFICATION SIGNS 01580-1 of 2
TECHNICAL SPECIFICATIONS
CITY OF FAYETTEVILLE STANDARD SPECIFICATIONS FOR STREET AND DRAINAGE
CONSTRUCTION
CITY OF FAYETTEVILLE STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION
OF WATER LINES AND SEWER LINES, 2022 EDITION
ARKANSAS DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR
HIGHWAY CONSTRUCTION, 2014 EDITION ( REFERENCE ONLY. GO TO
https:// ardot. gov/ divisions/ construction/ standard-specifications/ FOR FULL DOCUMENTS)
ERRATA FOR THE 2014 ARKANSAS DEPARTMENT OF TRANSPORTATION SPECIFICATIONS
FOR HIGHWAY CONSTRUCTION, 2014 EDITION ( REFERENCE ONLY. GO TO
https:// ardot. gov/ divisions/ construction/ standard-specifications/ FOR FULL DOCUMENTS)
SPECIAL PROVISIONS
SP # 1 COORDINATION OF WORK
SP # 2 TRENCH AND EXCAVATION SAFETY SYSTEMS
SP # 3 STORM WATER POLLUTION PREVENTION PLAN
SP # 4 MAINTENANCE OF TRAFFIC
SP # 5 SHORING FOR CULVERTS
SP # 6 DRAINAGE STRUCTURE BACK OPENING
SP # 7 CONCRETE FLUME
SP # 8 SELECT PIPE BACKFILL ( CLASS 67)
SP # 9 PEDESTRIAN REFUGE ISLANDS
SP # 10 GRAVITY BLOCK RETAINING WALL
SP # 11 REMOVE AND REPLACE TREES
SP # 12 IRRIGATION SYSTEM ADJUSTMENT
SP # 13 LANDSCAPE ROCK DRAINAGE SWALE
SP # 14 SCOUR TRANSITION MAT
SP # 15 P.C.C. PAVEMENT ( 6” UNIFORM THICKNESS), INCLUDING MONLITHIC CURB ( TYPE A)
SP # 16 U OF A PROPERTY CONSTRUCTION
SP # 17 McCAIN ATC eX2 NEMA CONTROLLER TS2-TYPE 2
SP # 18 HYBRID VIDEO/ RADAR DETECTION SYSTEM
SP # 19 EMERGENCY BATTERY BACKUP SYSTEM INSTALLATION
SP # 20 LED TRAFFIC SIGNAL HEAD
SP # 21 NOT USED
SP # 22 LED COUNTDOWN PEDESTRIAN SIGNAL HEAD
SP # 23 ELECTRICAL CONDUCTORS-IN-CONDUIT ( TRAFFIC SIGNAL)
SP # 24 LED LUMINAIRE ASSEMBLY
SP # 25 SERVICE POINT ASSEMBLY ( TRAFFIC CONTROL DEVICES)
SP # 26 REMOVAL OF TRAFFIC SIGNAL EQUIPMENT
SP # 27 STREET NAME SIGN ( MAST ARM MOUNTED)
SP # 28 VIDEO DETECTOR ROTATION
SP # 29 ELECTRICAL CONDUCTORS FOR LUMINAIRES ( TRAFFIC SIGNAL)
SP # 30 RETROREFLECTIVE BACKPLATES
SP # 31 ACCESSIBLE PEDESTRIAN SIGNAL ( APS)
SP # 32 CABINET DRAWER ASSEMBLY
00010-Table of Contents 00010 -2
SP # 33 PREEMPTION SYSTEM
SP # 34 DIFFERING SITE CONDITIONS AND TEMPORARY SUSPENSIONS OF WORK
SP # 35 BUY AMERICA – CONSTRUCTION MATERIALS
SP # 36 DOCUMENTATION OF PAYMENTS MADE TO DBE
SP # 37 NOT USED
SP # 38 PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT
ARDOT/ FHWA SPECIAL PROVISIONS
TITLE VI CONTRACT PROVISIONS, APPENDIX A
TITLE VI CONTRACT PROVISIONS, APPENDIX E
FHWA-1273 – REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION
CONTRACTS
FHWA-1273 SUPPLEMENTAL SPECIFICATION, EQUAL EMPLOYMENT OPPORTUNITY
NOTICE TO CONTRACTORS
FHWA-1273 SUPPLEMENTAL SPECIFICATION, SPECIFIC EQUAL EMPLOYMENT
OPPORTUNITY RESPONSIBILITIES
FHWA-1273 SUPPLEMENT SPECIFICATION, EQUAL EMPLOYMENT OPPORTUNITY –
GOALS & TIMETABLES
FHWA-1273 SUPPLEMENTAL SPECIFICATION, EQUAL EMPLOYMENT OPPORTUNITY
FEDERAL STANDARDS
FHWA-1273 SUPPLEMENTAL SPECIFICATION, POSTERS AND NOTICES REQUIRED
FOR FEDERAL-AID PROJECTS
SUPPLEMENT TO PROPOSAL – ANTI-COLLUSION AND DEBARMENT
CERTIFICATION
SUPPLEMENT TO PROPOSAL – CERTIFICATION
MINIMUM WAGE RATE REQUIREMENTS – WASHINGTON COUNTY
END OF DOCUMENT 00010
00010-Table of Contents 00010 -3
DIVISION 00 – BID & AGREEMENT
DOCUMENT 00140 – BIDDER’ S QUALIFICATION STATEMENT
Contract Name: Millsap Rd./College Ave. Inters. Impvts. & N. Hemlock Ave. Impvts.
Bid #: 26-37, Construction
Date:
SUBMITTED TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Company
Name
Address
Principal Office
Corporation, partnership, individual, joint
venture, other
Arkansas State General Contractor’ s License Number
Type or legibly print)
EXPERIENCE STATEMENT
1. Bidder has been engaged as a General Contractor in construction for _____years and
has performed work of the nature and magnitude of this Contract for _____years.
Bidder has been in business under its present name for _____years.
2. Bidder now has the following bonded projects under contract: (On a separate sheet, list
project name, owner, name of owner contact, engineer / architect, name of
engineer/architect contact, amount of contract, surety, and estimated completion date.)
3. Bidder has completed the following (list minimum of 3) contracts consisting of work
similar to that proposed by this Contract: ( On a separate sheet, list project name,
owner, name of owner contact, engineer / architect, name of engineer/architect contact,
amount of contract, surety, and date of completion and percentage of the cost of the
Work performed with Bidder’ s own forces.)
4. Has Bidder ever failed to complete any project? If so, state when, where, and why.
00140 Bidder Qualifications 00140 -1
DOCUMENT 00140 – BIDDER’ S QUALIFICATION STATEMENT ( continued)
5. Bidder normally performs the following work with his own forces:
6. Construction experience of key individuals in the organization is as follows (continued
on attached sheets if needed):
7. In the event the Contract is awarded to Bidder, the required surety Bonds will be
furnished by the following surety company and name and address of agent:
8. Bidder’ s Workmen’ s Compensation Experience Modifier Factor is: _____________.
FINANCIAL STATEMENT
B. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide
to the City of Fayetteville the following additional information:
Bidder possesses adequate financial resources as indicated by the following:
1. Assets and Liabilities: Attach a financial statement, audited if available, including
Bidder’ s latest balance sheet and income statements showing the following items:
a. Current assets ( cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials inventory, and prepaid expenses).
b. Net fixed assets.
c. Other assets.
00140-Bidder Qualifications 00140 -2
DOCUMENT 00140 – BIDDER’ S QUALIFICATION STATEMENT ( continued)
d. Current liabilities (accounts payable, notes payable, accrued expenses, provision
for income taxes, advances, accrued salaries, and accrued payroll taxes).
e. Other liabilities (capital, capital stock, authorized and outstanding shares par
values, earned surplus, and retained earnings).
f. Name of firm preparing financial statement and date thereof:
If financial statement is not for identical organization named herein, explain relationship and financial
responsibility of the organization furnished.
2. Current Judgments: The following judgements are outstanding against Bidder:
Judgment Creditors Where Docketed and Date Amount
a.$
b.$
Bidder hereby represents and warrants that all statements set forth herein are true and correct.
Date: ___________________, 20____.
OFFICIAL SEAL)
Name of Organization:
By
Type or legibly print)
By
Signature)
Title
Type or legibly print)
If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one
of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature
of a duly-authorized officer and with the corporate seal affixed.)
00140-Bidder Qualifications 00140 -3
DOCUMENT 00140 – BIDDER’ S QUALIFICATION STATEMENT ( continued)
THIS PAGE INTETIONALLY LEFT BLANK)
END OF DOCUMENT 00140
00140-Bidder Qualifications 00140 -4
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS
ARTICLE 1 -INTRODUCTORY INFORMATION
1.01 DEFINED TERMS:
A. Terms used in these Instructions to Bidders and which are defined in the
GENERAL CONDITIONS, have the meanings assigned to them
in the GENERAL CONDITIONS.
B. Bid Documents shall include the following:
1. Bidding Requirements:
a. Invitation to Bid.
b. Instructions to Bidders.
c. Bid Form.
d. Bid Bond.
e. Supplement to Proposal -Anti-Collusion and Debarment
f. Supplement to Proposal -Certification
2. Bidder’ s Forms:
The Bidder’ s attention is called to the following additional forms which shall
be completely filled out and submitted with the Bid:
a. Bidder’ s Qualifications Statement
b. List of Subcontractors
3. Contract Forms:
a. Agreement Between Owner and Contractor.
The Bidder’ s attention is called to the evidence of authority to sign
and other documents which shall be submitted with the
Agreement as applicable to the Business entity and noted in the
Agreement.
b. Performance Bond.
c. Labor and Material Payment Bond.
4. Contract Conditions:
a. General Conditions.
b. Supplementary Conditions.
c. Labor-Related Regulations.
5. Specifications.
6. Drawings.
7. Addenda issued prior to receipt of Bids.
C. Certain additional items used in these Instructions to Bidders have the
meanings indicated below which are applicable to both the singular and plural thereof.
1. Bidder – one who submits a Bid directly to Owner as distinct from a
sub-bidder, who submits a Bid to a Bidder.
2. Issuing Office – the office from which the Bid Documents are to be issued and
where the bidding procedures are to be administered.
3. Successful Bidder – the lowest, responsible, and responsive Bidder to
whom Owner on the basis of Owner’ s evaluation as hereinafter provided
makes an award.
1.02 COPIES OF BID DOCUMENTS:
A. Complete sets of the Bid Documents in the number and format as stated in the
Invitation to Bid may be obtained from the City’ s Issuing Office.
00200 Instructions to Bidders 00200 -1
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS ( continued)
B. Complete sets of Bid Documents shall be used in preparing Bids; neither Owner, nor
Engineer assume any responsibility for errors or misinterpretations resulting from the
use of incomplete sets of Bid Documents.
C. Owner and Engineer in making copies of Bid Documents available on the above terms
do so only for the purpose of obtaining Bids on the Work and do not confer a license
or grant for any other use.
1.03 QUALIFICATION OF BIDDERS:
A. Prequalification statements are not required. Owner will, however, evaluate the
Bidder’ s qualifications following the opening of Bids. Evaluation criteria considered
will include, but not be limited to:
1. Experience and performance records on similar work.
2. Financial responsibility.
3. Ability to supply construction equipment and personnel to complete the Work
within the Contract Time.
4. The Successful Bidder shall possess an Arkansas Contractor' s License, hold a
registration in good standing with the Arkansas Secretary of State, and have
an active registration with the System for Award Management ( SAM. gov)
prior to contract award.
B. Bidders may be requested to submit financial statement and other information relating
to experience and financial responsibility after bids are received and before awarding
a contract.
C. Only those Bids will be considered which are submitted by Bidders who show
satisfactory completion of work of type and size comparable to the Work required by
these Bid Documents.
1. A list of comparable projects, including pertinent information and
identification of the owners, shall be submitted with the Bid.
2. See ARTICLE 5 – AWARD OF CONTRACT herein for additional
requirements after opening of Bids.
D. Bidders shall not be debarred from doing business with any government
entity.
1.04 EXAMINATION OF CONTRACT DOCUMENTS AND SITE:
A. Before submitting a Bid, it is the responsibility of each Bidder:
1. To thoroughly examine the Contract Documents and other related data
identified in the Bid Documents ( including “ technical data” referred to below).
2. To visit the Site to become familiar with and satisfy Bidder as to the general,
local, and Site conditions that may in any manner affect cost, progress, and
performance of the Work.
3. To consider federal, state, and local laws, ordinances, rules, and regulations
that may in any manner affect cost, progress, performance, and furnishing of
the Work.
00200 Instructions to Bidders 00200 - 2
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS ( continued)
4. To study and carefully correlate Bidder’ s knowledge and observations with the
Contract Documents and such other related data.
5. To promptly notify Engineer of all conflicts, errors, ambiguities, or
discrepancies which Bidder has discovered in or between the Contract
Documents and such other related documents.
B. Before submitting a Bid, each Bidder shall be responsible to obtain such additional or
supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions ( surface, subsurface, and Underground Facilities) at or
contiguous to the Site or otherwise, which may affect cost, progress, performance, and
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences, or procedures of construction to be employed by Bidder, including safety
precautions and programs incident thereto or which Bidder deems necessary to
determine its Bid for performing and furnishing the Work in accordance with the time,
price, and other terms and conditions of the Contract Documents. This shall include
local shipping facilities and availability of lands if applicable.
C. In the preparation of the Contract Documents, neither reports of explorations nor tests
of any Hazardous Environmental Condition at the Site of the Work have been prepared.
D. Access to the Site:
1. On request, Owner will provide each Bidder access to the Site to conduct such
examinations, investigations, explorations, tests, and studies as each Bidder
deems necessary for submission of his Bid. Bidder shall fill all holes, clean
up, and restore the Site to its former conditions upon completion of such
explorations, investigations, tests, and studies.
2. The lands upon which the Work is to be performed, rights-of-way, and
easements for access thereto and other lands designated for use by Contractor
in performing the Work are identified in the Contract Documents. All
additional lands and access thereto required for temporary construction
facilities, construction equipment, or storage of Materials and Equipment to be
incorporated in the Work are to be obtained and paid for by Contractor.
Easements for permanent structures or permanent changes in existing facilities
are to be obtained and paid for by Owner unless otherwise provided in the
Contract Documents.
3. Property owners affected by the Work are named on the Drawings where
known, but the accuracy of such ownership is not guaranteed. Bidders shall
verify and make their own arrangements with such property owners for any
access needed in connection with the preparation of Bids.
E. The submission of a Bid will constitute an incontrovertible representation by the
Bidder that he has complied with every requirement of this paragraph “ Examination of
Contract Documents and Site,” and that the Bid Documents are sufficient in scope and
detail to indicate and convey understanding of all terms and conditions for performance
and furnishing of the Work.
1.05 INTERPRETATIONS, MODIFICATIONS, AND ADDENDA:
A. Any Bidder who discovers ambiguities, inconsistencies, or errors or is in doubt as to
the meaning or intent of any part of the Bid Documents shall promptly request an
interpretation from Engineer. Interpretations or clarifications considered necessary by
00200 Instructions to Bidders 00200 - 3
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS ( continued)
Engineer in response to such requests will be issued by Addenda mailed or delivered
to all parties recorded by the City of Fayetteville Procurement Department as having
received the Bid Documents.
B. Addenda may also be issued to modify the Bid Documents as deemed advisable by
Owner or Engineer.
C. Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
1.06 PREBID CONFERENCE:
A non-mandatory, pre-bid meeting will be held at a time and location indicated on the
City of Fayetteville’ s procurement website. All interested parties are strongly
encouraged to attend. Please contact the City of Fayetteville Procurement Department
with any questions.
1.07 LABOR-RELATED REGULATIONS:
A. Pursuant to Arkansas Code Annotated 22-9-203, the City of Fayetteville encourages
all qualified minority and women business enterprises to bid on and receive contracts
for goods, services, and construction. Also, City of Fayetteville encourages all general
contractors to subcontract portions of their contract to qualified, small, minority, and
women business enterprises.
ARTICLE 2 -BASIS OF BIDDING
2.01 SPECIFIED EQUIPMENT AND MATERIALS:
A. Substitutions will be considered only after the Effective Date of the Agreement and as
set forth in the GENERAL CONDITIONS.
2.02 INDIRECT COSTS:
A. Taxes:
1. All applicable sales, use, compensating, or other taxes to be paid or withheld
by Bidder, now imposed by any taxing authority, on Equipment and Materials
to be incorporated in the Work, and on any or all other cost items entering into
the Contract Price, shall be included in the Bid price.
2. The Bidder shall include all such taxes except those on Equipment and
Materials, if any, furnished by Owner or others, or exempted by the state, and
Bidder shall furnish taxing authorities any information or reports pertaining
thereto as required.
B. The cost of all construction licenses, building and other permits, and governmental
inspections required by public authorities for performing the Work, which are
applicable at the time Bids are opened and which are not specified to be obtained by
Owner, shall be included in the Bid price. Fees for permits issued by the City will be
waived, but permits are still required where necessary
C. The cost of all royalties and license fees on Equipment and Materials to be furnished
and incorporated in the Work shall be included in the Bid price.
00200 Instructions to Bidders 00200 - 4
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS ( continued)
D. Tests, inspections, and related activities called for throughout the Bid Documents are
a responsibility of Contractor unless specified otherwise. The Bid shall include all
costs arising from such responsibility.
E. The cost of all electrical, water, gas, telephone, sanitary, and similar facilities and
services required by Contractor in performing the Work shall be included in the Bid
price unless specified otherwise.
2.03 SUBCONTRACTORS:
A. No Bid shall be based upon aggregate of Subcontractors performing more than 60
percent of the total Work.
B. The experience, past performance, and ability of each proposed Subcontractor will be
considered in the evaluation of Bids. Any Subcontractor so requested shall be required
to furnish experience statements prior to the Notice of Awards.
C. No Contractor shall be required to employ any Subcontractor, other person, or
organization against whom Contractor has reasonable objection. Owner or Engineer
may accept or reject Subcontractors in accordance with Paragraph 6.05 of the
GENERAL CONDITIONS.
2.04 CONTRACT TIMES:
A. The number of days within which, or the dates by which, the Work is to achieve
Substantial Completion and also final completion and be ready for final payment shall
be as stated in the Agreement.
B. Provisions for liquidated damages, if any, are as set forth in the Agreement.
ARTICLE 3 -BIDDING PROCEDURE
3.01 PREPARATION OF BID:
A. One set of unbound documents included with the officially provided set of drawings
and specifications shall be used for the Bid.
B. The Bid Forms shall be filled out in detail and signed by the Bidder. Forms shall not
be removed from the bound document.
C. Bids by partnerships shall be executed in the partnership name and signed by a partner
whose title shall appear under his signature, and the official address of the partnership
shall be shown below the signature.
D. Bids by corporations and/ or LLC’ s shall be executed in the corporate name by the
president or a vice president ( or other corporate officer accompanied by evidence of
authority to sign), and the corporate seal shall be affixed and attested by the secretary
or an assistant secretary. The corporate address and state of incorporation shall be
shown below the signature.
E. Names of all persons signing shall be printed below their signatures.
F. A power of attorney shall accompany the signature of anyone not otherwise authorized
to bind the Bidder.
00200 Instructions to Bidders 00200 - 5
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS ( continued)
G. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of
which shall be filled in on the Bid Form.
H. The address to which communications regarding the Bids are to be directed shall be
shown.
3.02 METHOD OF BIDDING:
A. Bids will be received on a Unit Prices basis as set forth on the City of Fayetteville’ s
procurement website.
B. Firm Bids are required.
C. Schedule of Unit Prices:
1. The Bidder shall complete the “ Schedule of Unit Prices” included in the Bid
and shall accept all fixed Unit Prices listed therein.)
2. The total Bid price will be determined as the sum of the products of the
estimated quantity of each item and the Unit Price set forth in the “ Schedule
of Unit Prices.” The final Contract Price shall be subject to adjustment
according to final measured, used, or delivered quantities, and the Unit Prices
set forth in the “ Schedule of Unit Prices” will apply to such final quantities
except that if quantities vary more than 25 percent above or below estimated
quantities, Unit Prices will be subject to change by Change Order.
3.03 SUBCONTRACTORS INFORMATION SUBMITTED WITH BID:
A. Bidders shall submit to Owner with the Bid, the List of Subcontractors contained in the
Project Manual as Document 00430, completed with names of all such Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the Work
for which such identification is required. The list shall be supplemented by an
experience statement with pertinent information regarding similar projects and other
evidence of qualification for each such Subcontractor, Supplier, person, or organization,
if requested by Engineer. If, after due investigation, Owner or Engineer has reasonable
objection to any proposed Subcontractor, Supplier, or other person or organization,
Owner may, before the Notice of Award is given, request the apparent Successful
Bidder to submit an acceptable substitute without an increase in the Bid. If the apparent
Successful Bidder declines to make any such substitution, Owner may award the
Contract to the next lowest Bidder that proposes to use acceptable Subcontractors,
Suppliers, and other persons and organizations. The declining to make requested
substitutions will not constitute grounds for sacrificing the bid security of any Bidder.
Any Subcontractor, Supplier, or other person or organization listed and to whom Owner
or Engineer does not make written objection prior to the giving of the Notice of Award
will be deemed acceptable to Owner and Engineer subject to revocation as provided in
Paragraph 6.05 of the General Conditions.
3.04 MANUFACTURERS SUBMITTED WITH BID:
Not applicable this specific project.
00200 Instructions to Bidders 00200 - 6
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS ( continued)
3.05 FORMS TO BE SUBMITTED:
A. The following forms shall be completed and submitted with the Bid:
1. DOCUMENT 00140 BIDDER’ S QUALIFICATIONS STATEMENT
2. DOCUMENT 00400 BID FORM
3. Bid Security as bank cashier’ s check FROM A FINANCIAL INSTITUTION
LOCATED IN THE STATE OF Arkansas, or Bid Bond ( DOCUMENT
00410)
4. DOCUMENT 00430, LIST OF SUBCONTRACTORS
5. SUPPLEMENT TO PROPOSAL -ANTI-COLLUSION AND
DEBARMENT
6. SUPPLEMENT TO PROPOSAL -CERTIFICATION
3.06 BID SECURITY:
A. Each Bid shall be accompanied by a Bid security, payable to Owner, of 5% of the
amount bid.
B. The required security shall be in the form of a bank cashier’ s check from a financial
institution located in the state of Arkansas or a Bid Bond on the form prescribed by the
AIA, Document A310, or on similar form attached.
C. Bid Bond shall be executed by both the surety and the bidder meeting the requirements
set forth for “ Surety Bonds” in the GENERAL CONDITIONS. A Bid Bond lacking a
signature from either the surety or the bidder shall be considered an invalid Bid Bond
and be grounds for bid rejection.
D. Bid security of the Successful Bidder will be retained until Bidder has executed the
Agreement and furnished the required surety Bonds as set forth in the GENERAL
CONDITIONS, whereupon Bid security will be returned. Bid security of the
Successful Bidder will be retained until Bidder has delivered the required performance
and payment bonds. If the Successful Bidder fails to deliver the performance and
payment bonds within 15 days after the date of the Notice of Award, Owner may
choose to annul the Notice of Award, and the Bid security of that bidder will be
forfeited to Owner.
3.07 SUBMISSION OF BID:
A. Bids shall be submitted at the time and place designated in the Invitation to Bid.
B. When submitting a physical bid, Bid Documents with accompanying Bid security and
other required information shall be enclosed in an opaque sealed envelope marked with
the following:
1. Project name.
2. Bid number.
3. Name and address of Bidder.
4. Contractor’ s license number ( Not required for this federally funded project).
C. If the Bid is sent by mail or other delivery system, the sealed envelope shall be enclosed
in a separate envelope with the notation “ Sealed Bid Enclosed” on the face thereof.
00200 Instructions to Bidders 00200 - 7
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS ( continued)
3.08 MODIFICATION OR WITHDRAWAL OF PHYSICAL BIDS:
A. Bids may be modified or withdrawn by an appropriate document duly executed ( in the
manner that Bid must be executed) and delivered to the place where Bids are to be
submitted at any time prior to the opening of Bids.
B. If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice
with Owner and promptly thereafter demonstrates to the reasonable satisfaction of
Owner that there was a material and substantial mistake in the preparation of his Bid,
that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter,
that Bidder will be disqualified from further bidding on the Work to be provided under
the Contract Documents.
ARTICLE 4 -OPENING OF BIDS
4.01 OPENING OF BIDS:
A. Bids will be opened and ( unless obviously non-responsive) read aloud publicly at the
place indicated on the City of Fayetteville’ s procurement website. An abstract of the
amounts of the base Bids will be made available to Bidders after the opening of Bids.
B. All Bids shall remain open for a period of 90 days after Bids are opened, but Owner
may, at his sole discretion, release any Bid and return the Bid security at any time prior
to that date.
ARTICLE 5 -AWARD OF CONTRACT
5.01 OWNER’ S RIGHT TO REJECT BIDS:
A. Owner reserves the right to reject any or all Bids, including without limitation the rights
to reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids
and to reject the Bid of any Bidder if Owner believes that it would not be in the best
interest of the Project to make an award to that Bidder, whether because the Bid is not
responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet
any other pertinent standard or criteria established by Owner. Owner also reserves the
right to waive all informalities not involving price, times, or changes in the Work and
to negotiate Contract terms with the Successful Bidder. ( Discrepancies between the
multiplication of units of Work and Unit Prices will be resolved in favor of the Unit
Prices.) Discrepancies between the indicated sum of any column of figures and the
correct sum thereof will be resolved in favor of the correct sum. Discrepancies between
words and figures will be resolved in favor of the words.
B. All Bidders must agree that such rejection shall be without liability on the part of the
Owner nor shall the Bidders seek recourse of any kind against the Owner because of
such rejections. The filing of any Bid shall constitute an agreement of the Bidder to
these conditions.
00200 Instructions to Bidders 00200 - 8
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS ( continued)
5.02 EVALUATION OF BIDS:
A. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or
not the Bids comply with the prescribed requirements ( and such Alternates, Unit
Prices) and other data, as may be requested in the Bid Form or prior to the Bid’ s
Acceptance. Owner must accept Alternates in numerical order.
B. Owner may consider the qualifications and experience of Subcontractors, Suppliers,
and other persons and organizations proposed for those portions of the Work as to
which the identity of Subcontractors, Suppliers, and other persons and organizations is
requested per Paragraph 5.02E of this document.
C. Owner may conduct such investigations as he deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications, and financial
ability of the Bidders, proposed Subcontractors, and other persons and organizations
to perform and furnish the Work in accordance with the Contract Documents to
Owner’ s satisfaction within the prescribed time.
D. Owner reserves the right to reject the Bid of any Bidder who does not pass any such
evaluation to Owner’ s satisfaction.
E. Within 10 days after Bids are opened, and if requested by the Owner or the Engineer,
the apparent Successful Bidder, and any other Bidder so requested, shall submit
supplemental information including an experience statement with pertinent
information regarding similar projects and other evidence of qualification for each such
Subcontractor, Supplier, person, or organization, proposed by the Bidder for
consideration as specified in ARTICLE 3 paragraph 3.03 above. The use of
Subcontractors listed by Bidder ( Document 00430) and accepted by Owner prior to the
Notice of Award will be required in the performance of the Work.
F. Within 10 days after the Bids are opened, the apparent Successful Bidder, and any
other Bidder so requested, shall submit an itemized breakdown of any lump sum
portion of its Bid. This breakdown must include a separate item for each major
category of work and each major piece of equipment. This breakdown may or may not
be reflected in subsequent time schedule submittals.
G. The award of the Contract, if it is awarded, will be to the lowest, responsive,
responsible Bidder whose evaluation by Owner indicates to Owner that the award will
be in the best interest of Project and Owner.
5.03 ACCEPTANCE OF BID:
A. After considering the basis of award and evaluation of Bids, if the Contract is to be
awarded, Owner shall within 90 days after the date of opening Bids notify the
Successful Bidder of acceptance of his Bid ( indicating which, if any, Alternate Bids
have been accepted).
00200 Instructions to Bidders 00200 - 9
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS ( continued)
ARTICLE 6 -SIGNING OF AGREEMENT
6.01 When Owner gives Notice of the Bid’ s Acceptance to Successful Bidder, Engineer will issue
the required number of unbound, unsigned counterparts of the Agreement and other Contract
Documents to Successful Bidder.
6.02 Within 15 days thereafter, Contractor ( Successful Bidder) shall sign all copies of the
Agreement shall sign the agreement and return the signed agreement to the Owner.
6.03 Upon receiving the signed agreement from the Contractor, City staff will route all contract
documents to Fayetteville City Council for review and project approval. Following Council' s
approval, the City will deliver a copy of the executed contract to the Contractor. The delivery
of the fully executed contract to the Contractor shall serve as the Notice of Award.
00200 Instructions to Bidders 00200 -10
DOCUMENT 00200 – INSTRUCTIONS TO BIDDERS ( continued)
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF DOCUMENT 00200
00200 Instructions to Bidders 00200 -11
DOCUMENT 00400 – BID FORM
Contract Name: Millsap Rd./College Ave. Inters. Impvts. & N. Hemlock Ave. Impvts.
Bid Number: 26-37, Construction
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder:
ARTICLE 1 -INTENT
1.01 For clarification, the City will award this contract to one General Contractor (There is no intent to
award different phases of the work to different contractors.) The undersigned Bidder proposes and
agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the
Contract Documents to perform and furnish all Work as specified or indicated in the Contract
Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with
the other terms and conditions of the Contract Documents.
ARTICLE 2 -TERMS AND CONDITIONS
2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid security. This Bid will remain
subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the
required number of counterparts of the Agreement with the Bonds and other documents required
by the Bidding Requirements within 15 days after the date of Owner’ s Notice of Award.
ARTICLE 3 -BIDDER’ S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda,
receipt of all which is hereby acknowledged:
Number Date
00400-Bid Form 00400 -1
DOCUMENT 00400 – BID FORM (continued)
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, performance, and furnishing of the
Work.
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
D. Bidder has carefully studied all: ( 1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder
acknowledges that such reports and drawings are not Contract Documents and may not be
complete for Bidder’ s purposes. Bidder acknowledges that Owner and Engineer do not
assume responsibility for the accuracy or completeness of information and data shown or
indicated in the Bid Documents with respect to Underground Facilities at or contiguous to
the Site.
E. Bidder has obtained and carefully studied ( or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site or otherwise which may affect cost, progress, performance, or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder and safety precautions
and programs incident thereto.
F. Bidder does not consider that any additional examinations, investigations, explorations,
tests, studies, or data are necessary for the determination of this Bid for performing and
furnishing of the Work in accordance with the times, price, and other terms and conditions
of the Contract Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others at the
Site that relates to Work for which this Bid is submitted as indicated in the Contract
Documents.
I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Bidder.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performing and furnishing the Work for which this Bid is
submitted.
K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm, or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization, or corporation; Bidder has not directly or indirectly
00400-Bid Form 00400 -2
DOCUMENT 00400 – BID FORM (continued)
induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited
or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not
sought by collusion to obtain for himself any advantage over any other Bidder or over
Owner.
L. Bidder will perform the Work in compliance with all applicable trench safety standards set
forth in Occupational Safety and Health Administration ( OSHA) Part 1926 -Subpart P -
Excavations.
ARTICLE 4 -BID PRICE
Bidders are required to provide pricing for all line items, including deductive alternate items.
Failure to provide deductive alternate pricing can result in bid rejection.
The City intends to award this contract to the lowest qualified responsive responsible bidder based
on the total base bid as long as the base bid amount falls within the amount of funds certified for
the project plus 25%.
In the event no bid falls within the amount of funds certified for the project plus 25%, the City will
utilize the deductive alternates in order to further evaluate bids until a bid received falls within the
amount certified, plus 25%.
In the event all deductive alternates are subtracted from the total base bid and no bid falls within
the amount certified, plus 25%, all bids shall be rejected and become confidential.
In no case shall the amount bid for the item of “ mobilization” exceed 5% of the total contract
amount for all items listed in the proposal or bid excluding Insurance & Bonding and Trench &
Excavation Safety Systems. Should the amount entered into the proposal or bid for this item exceed
5%, the bid shall be rejected.
Bidder shall complete the work in accordance with the Contract Documents for the price(s)
submitted by the Bidder.
ARTICLE 5 -CONTRACT ITEMS
5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final
payment within the number of calendar days indicated in the Agreement.
5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work within the times specified in the Agreement.
ARTICLE 6 -BID CONTENT
6.01 The following documents are attached to and made a condition of this Bid:
A. Required 5% Bid security in the form of a cashier’ s check from a bank located in the State
of Arkansas or a Bid Bond in the amount of Dollars
B. A tabulation of Subcontractors and other persons and organizations required to be
identified in this Bid.
00400-Bid Form 00400 -3
DOCUMENT 00400 – BID FORM (continued)
ARTICLE 7 -COMMUNICATIONS
7.01 Communications concerning this Bid shall be addressed to the Bidder as follows:
Email:
Phone No.
Fax No.
7.02 Required Bidder Information:
Arkansas State Contractor License No. (or date of application):
Arkansas Secretary of State Filing No. (or date of application):
System for Award Management (SAM.gov) Registration No. (or date of application):
If Bidder is:
An Individual
Name (type or printed):
By: ( SEAL)
Individual’ s Signature)
Doing business as:
Business address:
Phone No. Fax No.
Email address:
00400-Bid Form 00400 -4
DOCUMENT 00400 – BID FORM (continued)
A Partnership
Partnership Name: ( SEAL)
By:
Signature of general partner -attach evidence of authority to sign)
Name (type or printed):
Business address:
Phone No. Fax No.
Email address:
A Corporation or LLC
Corporation Name: ( SEAL)
State of Incorporation:
Type (General Business, Professional, Service, Limited Liability):
By:
Signature of general partner -attach evidence of authority to sign)
Name (type or printed):
Title:
CORPORATE SEAL)
Attest:
Signature of Corporate Secretary)
Phone No. Fax No.
Email address:
Tax ID Number (TIN):
UEI #
Cage Code:
00400-Bid Form 00400 -5
DOCUMENT 00400 – BID FORM (continued)
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF DOCUMENT 00400
00400-Bid Form 00400 -6
DOCUMENT 00410 – BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we
as Principal, hereinafter called the Principal, and
a corporation duly organized under the laws of the State of __________________as Surety, hereinafter
called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Obligee, hereinafter called Owner, in the sum of _____________________________________
Dollars ($_______________), for the payment of which sum,
well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted a Bid for:
Millsap Rd./College Ave. Inters. Impvts. & N. Hemlock Ave Impvts.
NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a
Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may
be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the prosecution
thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if
the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount
specified in said Bid and such larger amount for which the Owner may in good faith contract with another
party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to
remain in full force and effect.
00410 Bid Bond 00410 - 1
DOCUMENT 00410 –BID BOND (continued)
Signed and sealed this _______ day of ____________20___.
PRINCIPAL ( CORPORATE SEAL)
By
SURETY
By
ATTORNEY-IN-FACT ( CORPORATE SEAL)
This Bond shall be accompanied with
Attorney-in-Fact’ s authority from Surety)
END OF DOCUMENT 00410
00410 Bid Bond 00410 - 2
DOCUMENT 00430 – LIST OF SUBCONTRACTORS
In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits
the following names of Subcontractors to be used in performing the Work for:
Millsap Rd./ College Ave. Inters. Impvts. & N. Hemlock Ave Impvts.
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor' s Work Subcontractor’ s Name Expected Percentage
and Address or Value
Clearing/ Demolition
SWPPP/ Erosion Control
Asphalt
Concrete
Landscaping
Material Testing
Other ( designate)
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
Bidder’ s Signature
00430 List of Subcontractors 00430 -1
DOCUMENT 00430 – LIST OF SUBCONTRACTORS ( continued)
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF DOCUMENT 00430
00430-List of Subcontractors 00430 -2
DOCUMENT 00500 – AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: Millsap Rd./College Ave. Inters. Impvts. & N. Hemlock Ave Impvts.
Bid No.: 26-37, Construction
THIS AGREEMENT is dated as of the day of in the year 2026 by
and between The City of Fayetteville, Arkansas ( which may hereinafter be called City)
and ( hereinafter called Contractor).
ARTICLE 1 -WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
work under this Contract includes, but is not limited to:
The construction of improvements to the intersection of Millsap Road/College Avenue and improvements
to Hemlock Avenue in Fayetteville, Arkansas. The project is split into two separate packages consisting of
approximately:
Package 1 will be constructed first and will consist of a 700 foot extension of N. Hemlock Avenue from
Sain Street to Millsap Road. This new road connection will connect to the existing street stub out provided
south of the recently completed roundabout on Sain Street and will become the new connection between
Millsap and Sain Street as Front Street is disconnected. Improvements will consist of new curb and gutter,
new sidewalk on the west side of the road, and new drainage infrastructure
Package 2 will be constructed second and will consist of improvements to the intersection that extends
approximately 350 feet east and west of College Avenue. Left turn lanes will be added to the east and west
bound legs of the intersection as well as, new curb and gutter, new sidewalks and pedestrian
accommodations, new drainage infrastructure, and traffic signal modifications. To improve safety and
traffic flow, Front Street will be disconnected from Millsap Road. There will also be some waterline
relocation included in Package 2.
During Stage 1 construction of Package 2, AT&T will be on site to relocate and lower a portion of existing
fiber duct bank that crosses Millsap, east of College Avenue. The total duration of this work is anticipated
to be one week. Contractor shall coordinate with AT&T and their utility subcontractor for scheduling of
this work in conjunction with excavating road subgrade, relocation of watermain, and installation of new
storm drainage pipe.
Any use of a third-party dumpster or roll off container shall be procured from the City of Fayetteville
Recycling and Trash Collection Division. Use of a Non-City dumpster or roll off container is not allowed.
Open burning is not allowed on City projects.
Blasting is not allowed on City projects.
Contractor shall obtain all permits required for the Work. Fees for City-issued permits shall be waived, but
Contractor remains responsible for obtaining and paying for all non-City permits, licenses, approvals,
inspections, and authorizations unless expressly stated otherwise in the Contract Documents.
00500 Agreement 00500 - 1
DOCUMENT 00500 – AGREEMENT ( continued)
The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements.
Refer to Section 00400-Bid Form for quantities.
ARTICLE 2 -ENGINEER
2.01 A portion of the Contract Documents associated with this Agreement have been prepared by
the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division
assumes all duties and responsibilities, and has the rights and authority assigned to City of
Fayetteville Engineering Division in those Contract Documents it has prepared in connection
with completion of the Work in accordance with the Contract Documents.
ARTICLE 3 -CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of
the Contract.
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work shall be Substantially Completed within 300 calendar days after the date
when the Contract Times commence to run as provided in the GENERAL
CONDITIONS, and final completion and ready for final payment in accordance with
the GENERAL CONDITIONS within 360 calendar days after the date when the
Contract Times commence to run.
3.03 LIQUIDATED DAMAGES:
A. The City of Fayetteville and Contractor recognize that time is of the essence of this
Agreement and that the City will suffer financial loss ( including, but not limited to,
administrative costs, engineering costs, inspection costs, public inconvenience,
disruption to City operations, and loss of use) if the Work is not completed within the
time specified above, plus any extensions thereof allowed in accordance with the
GENERAL CONDITIONS. The parties also recognize the delays, expense, and
difficulties involved in proving the actual loss suffered by The City of Fayetteville if
the Work is not Substantially Completed on time. Accordingly, instead of requiring
any such proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville
Three Thousand Dollars ($3,000.00) for each calendar day that expires after the time
specified above in Paragraph 3.02 for Substantial Completion until the Work is
Substantially Complete. After Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the time specified in
Paragraph 3.02 for completion and readiness for final payment or any proper extension
thereof granted by The City of Fayetteville, Contractor shall pay The City of
Fayetteville Two Thousand Dollars ($2,000.00) for each calendar day that expires after
the time specified for completion and readiness for final payment.
00500 Agreement 00500 - 2
DOCUMENT 00500 – AGREEMENT ( continued)
ARTICLE 4 -CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as
full and final compensation for all work done under this agreement, the amount based on the
unit prices bid in the Proposal ( BID FORM) which is hereto attached, for the actual amount
accomplished under each pay item, said payments to be made in lawful money of the United
States at the time and in the manner set forth in the Specifications.
4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as
provided in the General Conditions. Unit prices have been computed as provided in the General
Conditions.
4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be
allowed without a prior formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost or fees.
1. There shall be no changes without prior written approval of the Engineer of
Record and/or the City’s designated Professional Engineer.
2. Minor variations may be authorized in the form of Field Order as provided in
the General Conditions and do not require formal contract amendments.
ARTICLE 5 -PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the GENERAL
CONDITIONS. Applications for Payment will be processed by Engineer as provided
in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the Contract Price
on the basis of Contractor's Applications for Payment as recommended by Engineer,
on or about the 15th day of each month during construction. All such payments will
be measured by the schedule of values established in the GENERAL CONDITIONS
and in the case of Unit Price Work based on the number of units completed) or, in the
event there is no schedule of values, as provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate
of payments previously made and less such amounts as Engineer shall
determine, or The City of Fayetteville may withhold, in accordance with the
GENERAL CONDITIONS.
a. 95% of Work Completed (with the balance being retainage). If Work has
been 50% completed as determined by Engineer, and if the character and
progress of the Work have been satisfactory to The City of Fayetteville
00500 Agreement 00500 - 3
DOCUMENT 00500 – AGREEMENT ( continued)
and Engineer, The City of Fayetteville on recommendation of Engineer,
may determine that as long as the character and progress of the Work
subsequently remain satisfactory to them, there will be no additional
retainage on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work Completed less the aggregate of
payments previously made; and
b. 100% of Equipment and Materials not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation satisfactory
to The City of Fayetteville as provided in the GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the GENERAL
CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price
as recommended by Engineer and as provided in the GENERAL CONDITIONS.
ARTICLE 6 -CONTRACTOR' S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the
following representations:
A. Contractor has examined and carefully studied the Contract Documents including the
Addenda and other related data identified in the Bid Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, performance, and
furnishing of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
D. Contractor has carefully studied all:
1) Reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the Site; and
2) Reports and drawings of a Hazardous Environmental Condition, if any, at the
Site. Contractor acknowledges that The City of Fayetteville and Engineer do
not assume responsibility for the accuracy or completeness of information and
data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the Site.
E. Contractor has obtained and carefully studied ( or assumes responsibility of having
done so) all such additional supplementary examinations, investigations, explorations,
tests, studies, and data concerning conditions ( surface, subsurface, and Underground
Facilities) at or contiguous to the Site or otherwise which may affect cost, progress,
00500 Agreement 00500 - 4
DOCUMENT 00500 – AGREEMENT ( continued)
performance, and furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by
Contractor and safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations, investigations,
explorations, tests, studies, or data are necessary for the performing and furnishing of
the Work at the Contract Price, within the Contract Times, and in accordance with the
other terms and conditions of the Contract Documents. Nothing in this article shall be
construed to waive Contractor’ s rights, if any, under the Contract Documents regarding
differing or unforeseen site or subsurface conditions, concealed conditions, hazardous
environmental conditions, or changes in the Work.
G. Contractor is aware of the general nature of work to be performed by The City of
Fayetteville and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations,
tests, studies, and data with the Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents and the
written resolution thereof by Engineer is acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work.
ARTICLE 7 -CONTRACT DOCUMENTS
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The City of
Fayetteville and Contractor concerning the Work consist of the following and may only
be amended, modified, or supplemented as provided in the GENERAL
CONDITIONS:
1. This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table of contents
of Project Manual.
00500 Agreement 00500 - 5
DOCUMENT 00500 – AGREEMENT ( continued)
7. Drawings consisting of a cover sheet and sheets as listed in the table of
contents thereof, with each sheet bearing the following general title: Millsap
Rd./College Ave. Inters. Impvts. & N. Hemlock Ave Impvts.
8. Addenda numbers ____ inclusive.
9. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to the GENERAL CONDITIONS.
B. ORDER OF PRECEDENCE:
In the event of a conflict, inconsistency, or ambiguity among the Contract
Documents, the documents shall govern in the following order unless otherwise
required by law: written amendments and change orders; this Agreement;
Specifications; Drawings; Addenda; Supplementary Conditions; General Conditions;
contractor’ s bid; and other exhibits.
ARTICLE 8 -MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS
shall have the meanings stated in the GENERAL CONDITIONS.
8.02 ASSIGNMENT OF CONTRACT:
A. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by Law), and unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds itself and its successors, assigns,
and legal representatives to the other party hereto, its partners, successors, assigns, and
legal representatives in respect to all covenants, agreements, and obligations contained
in the Contract Documents.
8.04 MUTUAL CONSTRUCTION:
A. The parties acknowledge and agree that this Agreement has been negotiated,
reviewed, and mutually drafted by the parties, each of whom has had the opportunity
to consult with legal counsel. Accordingly, no provision of this Agreement shall be
00500 Agreement 00500 - 6
DOCUMENT 00500 – AGREEMENT ( continued)
construed against either party on the basis that such party drafted or proposed the
provision.
8.05 SEVERABILITY:
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon The City of Fayetteville and Contractor,
who agree that the Contract Documents shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
8.06 DISPUTES:
A. This Agreement shall be governed by the laws of the State of Arkansas. Disputes
shall be resolved in accordance with the provisions of Article 16 of the General
Conditions. Venue for any legal action arising from this Agreement shall be in a
court of competent jurisdiction in Washington County, Arkansas.
8.07 NO WAIVER:
A. Nothing in this Agreement or the Contract Documents shall be construed as a waiver
of the City’s sovereign immunity, defenses, limitations of liability, or protections
available under Arkansas law.
8.08 FREEDOM OF INFORMATION ACT:
A. City contracts and documents prepared while performing city contractual work are
subject to the Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-101, et
seq. If a Freedom of Information Act request is presented to the City of Fayetteville,
the contractor shall promptly provide the documents in Contractor’ s possession that
are responsive to the request as prescribed in the Arkansas Freedom of Information
Act. Only legally authorized photocopying costs pursuant to the FOIA may be
assessed for this compliance.
8.09 LIENS:
A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-
44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in
relation to this public construction project. Arkansas law requires and the contractor
promises to provide and file with the Circuit Clerk of Washington County separate
payment and performance bonds each in an amount equal to the amount of this
contract. Any subcontractor or materials supplier may bring an action for non-payment
of labor or material on the bond. The contractor shall notify every subcontractor and
materials supplier for this project of this paragraph and obtain written
acknowledgement of such notice before that subcontractor or supplier begins work or
provides materials.
00500 Agreement 00500 - 7
DOCUMENT 00500 – AGREEMENT ( continued)
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in
quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been
retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed,
or identified by The City of Fayetteville and Contractor.
This Agreement will be effective on ____________________________, 2026 which is the Effective Date
of the Agreement.
CONTRACTOR: CITY OF FAYETTEVILLE
By: ____________________ By: Molly Rawn
Type or legibly print)
Signature) ( Signature)
Title: Title: Mayor
Contractor shall attach evidence of authority to sign.
If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution
authorizing Contractor’ s signature and execution of Agreement.
Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the
Contractor’ s Articles of Incorporation and a copy form the Arkansas State Secretary of State to document
that the corporation, corporate entity or LLC is in current “ Good Standing” with the State of Arkansas and
such entity is permitted to perform work in the State of Arkansas.
SEAL) ( SEAL)
Attest Attest
00500 Agreement 00500 - 8
DOCUMENT 00500 – AGREEMENT ( continued)
Address for giving notices Address for giving notices
113 W. Mountain St.
Fayetteville, AR 72701
License No.
Agent for Service of process
Type or legibly print)
Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a
corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for
Service process authority to sign.
If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.)
END OF DOCUMENT 00500
00500 Agreement 00500 - 9
DOCUMENT 00550 – NOTICE TO PROCEED
TO:
Contract Name/ Title: Millsap Rd./ College Ave. Inters. Impvts. & N. Hemlock Ave. Impvts.
Contract No: 26-37, Construction
Owner: City of Fayetteville, Arkansas
You are notified that the Contract Time( s) under the above Contract will commence to run on
Click or tap here to enter text.. By that date, you are to start performing your obligations under the Contract
Documents. In accordance with the Agreement between Owner and Contractor, the date( s) of Substantial
Completion and final completion ready for final payment are Click or tap here to enter text. and Click or
tap here to enter text. respectively.
Before you may start any work at the Site, the General Conditions provide that you and Owner must each
deliver to the other, ( with copies to Engineer and other identified additional insureds) certificates of
insurance, which each is required to purchase and maintain in accordance with the Contract Documents.
Also before you may start any work at the Site, you must submit the following:
1. Preliminary construction progress schedule.
2. Preliminary schedule of Submittals.
3. Satisfactory evidence of insurance in accordance with the requirements of the General
Conditions.
4. Temporary erosion control requireiments as specified.
5. Maintenance of Traffic as specified.
You are required to return an acknowledgement copy of this Notice to Proceed to the Owner.
Dated Click or tap here to enter text..
OWNER
City of Fayetteville
By: Paul Libertini
Signature: ___________________________
Title: Staff Engineer
Date: Click or tap here to enter text.
00550-Notice to Proceed 00550 -1
DOCUMENT 00550 – NOTICE TO PROCEED ( continued)
ACCEPTANCE OF NOTICE TO PROCEED
CONTRACTOR
By: ___________________________________
Signature: ______________________________
Title______________________________
Date ____________________, 20_______
END OF DOCUMENT 00550
00550-Notice to Proceed 00550 -2
DOCUMENT 00610 – PERFORMANCE BOND:
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, hereinafter called Contractor, and
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Obligee, hereinafter called Owner, in the amount of $________, 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 ____________, 20____, entered into a contract
with Owner for Millsap Rd./ College Ave. Inters. Impvts. & N. Hemlock Ave Impvts. 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:
A. Complete the Contract in accordance with its terms and conditions, or
B. 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.
00610-Performance Bond 00610 - 1
DOCUMENT 00610 – PERFORMANCE BOND (continued)
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 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 ____________ 20____.
CONTRACTOR ( CORPORATE SEAL)
By:
SURETY COUNTERSIGNED: Resident Agent
State of Arkansas
By By
ATTORNEY-IN-FACT ( CORPORATE SEAL)
This Bond shall be accompanied with
Attorney-in-Fact' s authority from Surety) Approved as to Form:
Attorney for
END OF DOCUMENT 00610
00610-Performance Bond 00610 - 2
DOCUMENT 00611 – LABOR AND MATERIAL PAYMENT BOND
This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and
faithful performance of the Contract.
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, hereinafter called Contractor, and
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of $____________, 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 __________, 20___, entered into a contract with
Owner for Millsap Rd./ College Ave. Inters. Impvts. & N. Hemlock Ave Impvts. 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 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:
A. A claimant is defined as one having a direct contract with the Contractor or with a
Subcontractor of the Contractor 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.
B. The above named Contractor 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
00611 Labor & Matl Payment Bond 00611 - 1
DOCUMENT 00611 – LABOR AND MATERIAL PAYMENT BOND (continued)
of 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.
C. No suit or action shall be commenced hereunder by any claimant:
1. Unless claimant other than one having a direct contract with Principal, shall have given
written notice to any two of the following: the Contractor, the Owner, or the Surety
within 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 Contractor, Owner or Surety, at any place where an office is
regularly maintained for the transaction of business, or served in any manner in which
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.
2. After the expiration of one year following the date on which Contractor ceased Work
on the 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.
3. 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.
D. 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 ____________ 20____.
CONTRACTOR ( CORPORATE SEAL)
By
00611 Labor & Matl Payment Bond 00611 - 2
DOCUMENT 00611 – LABOR AND MATERIAL PAYMENT BOND (continued)
SURETY COUNTERSIGNED: Resident Agent
State of Arkansas
By By
ATTORNEY-IN-FACT ( CORPORATE SEAL)
This Bond shall be accompanied with
Attorney-in-Fact' s authority from Surety)
Approved as to Form:
Attorney for
00611 Labor & Matl Payment Bond 00611 - 3
DOCUMENT 00611 – LABOR AND MATERIAL PAYMENT BOND (continued)
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF DOCUMENT 00611
00611 Labor & Matl Payment Bond 00611 - 4
DOCUMENT 00700 – GENERAL CONDITIONS
TABLE OF CONTENTS
ARTICLE 1 -DEFINITIONS AND TERMINOLOGY .......................................................1
1.01 CONTRACT DOCUMENTS: ............................................................................................1
1.02 DEFINITIONS: ..................................................................................................................1
1.03 TERMINOLOGY: ..............................................................................................................4
ARTICLE 2 -PRELIMINARY MATTERS ..........................................................................5
2.01 DELIVERY OF BONDS: ...................................................................................................5
2.02 COPIES OF DOCUMENTS: ..............................................................................................5
2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED: .....................5
2.04 STARTING THE PROJECT: .............................................................................................5
2.05 BEFORE STARTING CONSTRUCTION: .......................................................................5
2.06 PRECONSTRUCTION CONFERENCE: ..........................................................................6
2.07 FINALIZING SCHEDULES: .............................................................................................6
ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ...............6
3.01 INTENT: .............................................................................................................................6
3.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: ..........................7
3.03 OWNERSHIP AND REUSE OF DOCUMENTS: .............................................................7
ARTICLE 4 -AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE POINTS ...................................................................................8
4.01 AVAILABILITY OF LANDS:...........................................................................................8
4.02 UNFORESEEN SUBSURFACE CONDITIONS: .............................................................8
4.03 PHYSICAL CONDITIONS -UNDERGROUND FACILITIES: ......................................8
4.04 REFERENCE POINTS: .....................................................................................................9
4.05 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE, OR RADIOACTIVE
MATERIAL: .......................................................................................................................9
ARTICLE 5 -BONDS AND INSURANCE .........................................................................10
5.01 PERFORMANCE AND OTHER BONDS: .....................................................................10
5.02 INSURANCE: ..................................................................................................................11
ARTICLE 6 -CONTRACTOR’S RESPONSIBILITIES...................................................16
6.01 SUPERVISION AND SUPERINTENDENCE: ...............................................................16
00700 General Conditions 00700 -1 TOC
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
TABLE OF CONTENTS (continued)
6.02 LABOR, EQUIPMENT, AND MATERIALS: ................................................................17
6.03 ADJUSTING PROGRESS SCHEDULE: ........................................................................17
6.04 SUBSTITUTES OR “OR-EQUAL” ITEMS: ...................................................................18
6.05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS: .......................19
6.06 PATENT FEES AND ROYALTIES: ...............................................................................20
6.07 PERMITS: ........................................................................................................................21
6.08 LAWS AND REGULATIONS: .......................................................................................21
6.09 TAXES: ............................................................................................................................22
6.10 USE OF PREMISES: ........................................................................................................22
6.11 RECORD DOCUMENTS: ...............................................................................................22
6.12 SAFETY AND PROTECTION: .......................................................................................23
6.13 EMERGENCIES: .............................................................................................................23
6.14 SUBMITTALS: ................................................................................................................24
6.15 CONTINUING THE WORK: ..........................................................................................24
6.16 INDEMNIFICATION: .....................................................................................................25
ARTICLE 7 -OTHER WORK .............................................................................................25
7.01 RELATED WORK AT SITE: ..........................................................................................25
7.02 COORDINATION: ...........................................................................................................26
ARTICLE 8 -OWNER’S RESPONSIBILITIES ................................................................26
8.01 COMMUNICATIONS: ....................................................................................................26
8.02 CHANGE OF ENGINEER : .............................................................................................26
8.03 REQUIRED DATA: .........................................................................................................26
8.04 LANDS AND EASEMENTS: ..........................................................................................27
8.05 INSURANCE: ..................................................................................................................27
8.06 CHANGE ORDERS: ........................................................................................................27
8.07 INSPECTIONS AND TESTS: .........................................................................................27
8.08 STOPPING THE WORK: ................................................................................................27
8.09 LIMITATIONS ON OWNER’ S RESPONSIBILITIES: ..................................................27
ARTICLE 9 -ENGINEER’S STATUS DURING CONSTRUCTION .............................27
9.01 OWNER’ S REPRESENTATIVE: ....................................................................................27
00700 General Conditions 00700 -2 TOC
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
TABLE OF CONTENTS (continued)
9.02 VISITS TO SITE: .............................................................................................................27
9.03 PROJECT REPRESENTATION: .....................................................................................28
9.04 CLARIFICATIONS AND INTERPRETATIONS: ..........................................................28
9.05 AUTHORIZED VARIATIONS IN WORK: ....................................................................28
9.06 REJECTING DEFECTIVE WORK: ................................................................................28
9.07 SUBMITTALS, CHANGE ORDERS, AND PAYMENTS: ............................................28
9.08 DETERMINATIONS FOR UNIT PRICES: ....................................................................29
9.09 DECISIONS ON DISPUTES: ..........................................................................................29
9.10 LIMITATIONS ON ENGINEER’ S RESPONSIBILITIES: ............................................29
ARTICLE 10 -CHANGES IN THE WORK .........................................................................30
10.01 GENERAL: .......................................................................................................................30
ARTICLE 11 -CHANGE OF CONTRACT PRICE ............................................................31
11.01 GENERAL: .......................................................................................................................31
11.02 COST OF THE WORK: ...................................................................................................32
11.03 CONTRACTOR’ S FEE: ...................................................................................................34
11.04 CASH ALLOWANCES: ..................................................................................................35
11.05 UNIT PRICE WORK: ......................................................................................................35
11.06 RIGHT OF AUDIT: ..........................................................................................................35
ARTICLE 12 -CHANGE TIMESOF CONTRACT ............................................................36
12.01 GENERAL: .......................................................................................................................36
ARTICLE 13 -WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;
CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE
WORK ............................................................................................................37
13.01 WARRANTY AND GUARANTEE: ...............................................................................37
13.02 ACCESS TO THE WORK: ..............................................................................................37
13.03 TESTS AND INSPECTIONS: .........................................................................................37
13.04 DEFECTIVE WORK: ......................................................................................................38
13.05 UNCOVERING WORK: ..................................................................................................38
13.06 OWNER MAY STOP THE WORK: ................................................................................39
13.07 CORRECTION OR REMOVAL OF DEFECTIVE WORK:...........................................39
00700 General Conditions 00700 -3 TOC
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
TABLE OF CONTENTS (continued)
13.08 TWO-YEAR WARRANTY AND CORRECTION PERIOD: ........................................39
13.09 ACCEPTANCE OF DEFECTIVE WORK: .....................................................................40
13.10 OWNER MAY CORRECT DEFECTIVE WORK: .........................................................40
ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION ........................41
14.01 SCHEDULE OF VALUES: ..............................................................................................41
14.02 APPLICATION FOR PROGRESS PAYMENT: .............................................................41
14.03 CONTRACTOR’ S WARRANTY OF TITLE: ................................................................41
14.04 REVIEW OF APPLICATION FOR PROGRESS PAYMENT: ......................................41
14.05 SUBSTANTIAL COMPLETION: ...................................................................................43
14.06 PARTIAL UTILIZATION: ..............................................................................................44
14.07 FINAL INSPECTION: .....................................................................................................45
14.08 FINAL APPLICATION FOR PAYMENT: .....................................................................45
14.09 FINAL PAYMENT AND ACCEPTANCE:.....................................................................45
14.10 CONTRACTOR’ S CONTINUING OBLIGATION: .......................................................46
14.11 WAIVER OF CLAIMS: The making and acceptance of final payment will constitute: .46
14.12 INTEREST: NOT APPLICABLE. ..................................................................................46
ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION ...................................46
15.01 OWNER MAY SUSPEND WORK: ................................................................................46
15.02 OWNER MAY TERMINATE: ........................................................................................47
15.03 CONTRACTOR MAY STOP WORK OR TERMINATE: .............................................48
ARTICLE 16 -RESOLUTION OF DISPUTES ....................................................................48
16.01 RESOLUTION OF CLAIMS AND DISPUTES ..............................................................48
ARTICLE 17 -MISCELLANEOUS ......................................................................................49
17.01 GIVING NOTICE: ...........................................................................................................49
17.02 COMPUTATION OF TIME: ...........................................................................................49
17.03 CLAIMS, CUMULATIVE REMEDIES: .........................................................................49
17.04 FREEDOM OF INFORMATION ACT: ..........................................................................50
00700 General Conditions 00700 -4 TOC
DOCUMENT 00700 – GENERAL CONDITIONS:
This document is based upon Engineers Joint Contract Documents Committee “ Standard General
Conditions of the Construction Contract,” with modifications.
ARTICLE 1 -DEFINITIONS AND TERMINOLOGY
1.01 CONTRACT DOCUMENTS:
1. The Contract Documents establish the rights and obligations of the parties and
shall consist of the documents listed in DOCUMENT 00500, AGREEMENT.
B. Reports and drawings of subsurface and physical conditions and approved Submittals
by Contractor are not Contract Documents.
C. Only printed or hard copies of items listed in subparagraph 1.01A are Contract
Documents. Files in electronic media format of text, data, graphics, and the like that
may be furnished by Owner to Contractor are not Contract Documents.
1.02 DEFINITIONS:
A. Wherever used in these General Conditions or elsewhere in the Contract Documents,
the following terms have the meanings indicated below, which are applicable to both
the singular and plural thereof:
1. “ Addenda” -written or graphic changes or interpretations of the Contract
Documents issued by Owner prior to the opening of Bids.
2. “ Agreement” -the written agreement between Owner and Contractor covering
the Work to be performed; other Contract Documents are attached to the
Agreement and made a part thereof as provided therein.
3. “ Application for Payment” -the form acceptable to Engineer which is to be
used by Contractor during the course of the Work in requesting progress and
final payments and which is to be accompanied by such supporting
documentation as is required by the Contract Documents.
4. “ Asbestos” -any material that contains more than 1% asbestos and is friable
or is releasing asbestos fibers into the air above current action levels
established by the United States Occupational Safety and Health
Administration.
5. “ Bid” -the formal offer of the Bidder submitted on the prescribed Bid Form
together with the required Bid security and all information submitted with the
Bid that pertains to performance of the Work.
6. “ Bidder” -any person, firm, or corporation submitting a Bid for the Work or
their duly authorized representatives.
7. “ Change Order” -a written document signed by Owner and Engineer
authorizing an addition, deletion, or revision in the Work, or an adjustment in
the Contract Price or the Contract Time issued on or after execution of the
Agreement.
8. “ Contract Drawings” -drawings and other data designated as Contract
Drawings prepared by Engineer for this Contract which show the character and
scope of the Work to be performed and are referred to in the Contract
Documents.
9. “ Contract Price” -the total monies payable to Contractor under the Contract
Documents as stated in the Agreement.
10. “ Contract Times” -the number of days or the dates stated in the Agreement to:
i) achieve Substantial Completion; and (ii) complete the Work so that it is
00700-General Conditions 00700 -1
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
ready for final payment as evidenced by Engineer’ s written recommendations
of final payment.
11. “ Contractor” -the person, firm or corporation with whom Owner has entered
into the Agreement.
12. “ Date of Contract”, “ Effective Date of the Agreement” -the date of the City
Council Approval also indicated in the Agreement.
13. “ Engineer” or “ Engineer-Architect” -Architect, engineer, or other licensed
professional who is either employed or has contracted with Owner to serve in
a design capacity and whose consultants, members, partners, employees, or
agents have prepared and sealed the Drawings and Specifications.
14. “ Engineer’ s Consultant” -an individual or entity having a contract with
Engineer to furnish services as Engineer’ s independent professional associate
or consultant with respect to the Project.
15. “ Equipment” -a product with operational or nonoperational parts, whether
motorized or manually operated, that requires service connections, such as
wiring or piping.
16. “ Field Order” -a written order issued by Engineer which orders minor
changes in the Work in accordance with Paragraph 9.05 but which does not
involve a change in the Contract Price or the Contract Times.
17. “ General Requirements” -Sections of DIVISION 1 of the Specifications. The
General Requirements pertain to all sections of the Specifications.
18. “ Hazardous Waste” -the term Hazardous Waste shall have the meaning
provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section
6903) as amended from time to time.
19. “ Law” -law of the place of the Project which shall govern the performance
hereunder.
20. “ Laws and Regulations,” “ Laws or Regulations” -laws, rules, regulations,
ordinances, codes and/or orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdiction.
21. “ Lien” -charges, security interests, or encumbrances on Project funds, real
property, or personal property.
22. “ Materials” -products substantially shaped, cut, worked, mixed, finished,
refined, or otherwise fabricated, processed, or installed to form a part of the
Work.
23. “ Notice of Award” -the written notice by Owner to the apparent successful
Bidder stating that upon compliance by the apparent successful Bidder with
the conditions precedent enumerated therein, within the time specified, Owner
will sign and deliver the Agreement.
24. “ Notice to Proceed” -the written notice by Owner to Contractor fixing the date
on which the Contract Times will commence to run and on which Contractor
shall start to perform Contractor’ s obligation under the Contract Documents.
25. “ Owner” -the City of Fayetteville, Arkansas, a constitutionally chartered
municipal corporation , with which the Contractor has entered into the
Agreement and for whom the Work is to be provided.
26. “ Partial Utilization” -placing a portion of the Work in service for the purpose
for which it is intended ( or a related purpose) before reaching Substantial
Completion of all the Work.
27. “ PCBs” -Polychlorinated biphenyls.
00700-General Conditions 00700 -2
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
28. “ Petroleum” -petroleum, including crude oil or any fraction thereof which is
liquid at standard conditions of temperature and pressure (60o Fahrenheit and
14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil
sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous
Wastes and crude oils.
29. “ Program Manager” – NOT USED.
30. “ Project” -the total construction of which the Work to be provided under the
Contract Documents may be the whole, or a part as indicated elsewhere in the
Contract Documents.
31. “ Project Manual” -The bound documentary information prepared for bidding
and constructing the Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is contained in the table(s) of
contents.
32. “ Radioactive Material” -source, special nuclear, or byproduct material as
defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as
amended from time to time.
33. “ Resident Project Representative” -the authorized representative of Engineer
who is assigned to the construction Site or any part thereof.
34. “ Reference Drawings” -drawings not specifically prepared for, nor a part of,
this Contract, but which contain information pertinent to the Work.
35. “ Samples” -physical examples of Equipment, Materials, or workmanship that
are representative of some portion of the Work and which establish the
standards by which such portion of the Work will be judged.
36. “ Shop Drawings” -all drawings, diagrams, illustrations, schedules, and other
data or information which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to illustrate some portion of the Work.
37. “ Site” -lands or areas indicated in the Contract Documents as being furnished
by Owner upon which the Work is to be performed, including rights-of-way
and easements for access thereto, and such other lands furnished by Owner
which are designated for the use of Contractor.
38. “ Specifications” -those portions of the Contract Documents consisting of
written technical descriptions of the Work, and covering the Equipment,
Materials, workmanship, and certain administrative details applicable thereto.
39. “ Subcontractor” -an individual, firm, or corporation having a direct contract
with Contractor or with any other Subcontractor for the performance of a part
of the Work at the Site.
40. “ Submittals” -all Shop Drawings, product data, and Samples which are
prepared by Contractor, a Subcontractor, manufacturer, or Supplier, and
submitted by Contractor to Engineer as a basis for approval of the use of
Equipment and Materials proposed for incorporation in the Work or needed to
describe proper installation, operation and maintenance, or technical
properties.
41. “ Substantial Completion” -the Work ( or a specified part thereof) has
progressed to the point where, in the opinion of Engineer as evidenced by his
definitive certificate of Substantial Completion, it is sufficiently complete, in
accordance with the Contract Documents, so that the Work (or specified part)
can be used for the purposes for which it was intended.
42. “ Supplementary Conditions” – part of the Contract Documents which amends
and/or supplements these General Conditions.
00700-General Conditions 00700 -3
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
43. “ Supplier” -a manufacturer, fabricator, supplier, distributor, material man, or
vendor.
44. “ Underground Facilities” -all pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and
any encasements containing such facilities which have been installed
underground to furnish any of the following services or materials: electricity,
gases, steam, liquid petroleum products, telephone or other communications,
cable television, sewage and drainage removal, traffic or other control systems,
or water.
45. “ Unit Price Work” -Work to be paid on the basis of Unit Prices.
46. “ Work” -the entire completed construction or the various separately
identifiable parts thereof required to be furnished under the Contract
Documents. Work is the result of performing services, the furnishing of Bonds
and insurance, furnishing labor, and furnishing and incorporating Materials
and Equipment into the construction, all as required by the Contract
Documents.
47. “ Work Change Directive” -a written directive to Contractor, issued on or after
the effective Date of the Agreement and signed by Owner and recommended
by Engineer, ordering an addition, deletion, or revision in the Work, or
responding to differing or unforeseen physical conditions under which the
Work is to be performed as provided in Article 4 or to emergencies under
Paragraph 6.13. A Work Change Directive will not change the Contract Price
or the Contract Times, but is evidence that the parties expect that the change
directed or documented by a Work Change Directive will be incorporated in a
subsequently issued Change Order following negotiations by the parties as to
its effect, if any, on the Contract Price or Contract Times as provided in
Paragraph 10.01B.
48. “ Written Amendment” -a written amendment to the Contract Documents,
signed by Owner and Contractor on or after the Effective Date of the
Agreement, and normally dealing with the nonengineering or nontechnical
rather than strictly Work-related aspects of the Contract Documents.
49. “ Year 2000 Compliance” or “Year 2000 Compliant” – means that equipment,
devices, items, systems, software, hardware, and firmware included in the
Work or used to produce the Work shall properly, appropriately, and
consistently function and accurately process date and time data ( including
without limitation: calculating, comparing, and sequencing) on and after
December 31, 1999, including leap year calculations.
1.03 TERMINOLOGY:
A. Whenever used in these General Conditions or elsewhere in the Contract Documents,
the following terminology shall have the intent and meaning specified below:
1. The words “ as indicated” refer to the Drawings and “ as specified” refer to the
remaining Contract Documents.
2. The terms “ responsible” or “ responsibility” mean that the party to which the
term applies shall assume all responsibilities thereto.
3. The term “ approve”, when used in response to Submittals, requests,
applications, inquiries, reports and claims by Contractor, will be held to
limitations of Engineer’ s responsibilities and duties or specified in these
General Conditions. In no case will “approval” by Engineer be interpreted as
00700-General Conditions 00700 -4
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
a release of Contractor from responsibilities to fulfill requirements of Contract
Documents.
4. When applied to Equipment and Materials, the words “furnish”, “ install”, and
provide” shall mean the following:
a. The word “ provide” shall mean to furnish, pay for, deliver, assemble,
install, adjust, clean and otherwise make Materials and Equipment fit for
their intended use.
b. The word “ furnish” shall mean to secure, pay for, deliver to Site, unload
and uncrate Equipment and Materials.
c. The word “ install” shall mean to assemble, place in position, incorporate
in the Work, adjust, clean, and make fit for use.
d. The phrase “furnish and install” shall be equivalent to the word “provide.”
5. The word “day” shall constitute a calendar day of twenty-four hours measured
from midnight to the next midnight.
ARTICLE 2 -PRELIMINARY MATTERS
2.01 DELIVERY OF BONDS:
A. When Contractor delivers the executed Agreements to Owner, Contractor shall also
deliver to Owner such Bonds as Contractor may be required to furnish in accordance
with Paragraph 5.01.
2.02 COPIES OF DOCUMENTS:
A. Owner will furnish to Contractor copies of the Contract Documents as stated in the
General Requirements.
2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED:
A. The Contract Times will commence to run on the day indicated in the Notice to
Proceed. A Notice to Proceed may be given at any time mutually agreed upon by the
Contractor and the Owner within 60 days after the Effective Date of the Agreement
upon completion of required executed documents. In no event will the Contract Times
commence to run later than the 60th day after the Effective Date of the Agreement.
2.04 STARTING THE PROJECT:
A. Contractor shall start to perform the Work on the date when the Contract Times
commence to run, but no Work shall be done at the Site prior to the date on which the
Contract Times commence to run.
2.05 BEFORE STARTING CONSTRUCTION:
A. Before starting construction and undertaking each part of the Work, Contractor shall
carefully study and compare the Contract Documents and check and verify pertinent
figures shown thereon and all applicable field measurements. Contractor shall
promptly report in writing to Engineer any conflict, error or discrepancy which
Contractor may discover and shall obtain a written interpretation or clarification from
Engineer before proceeding with any Work affected thereby; however, Contractor
shall not be liable to Owner or Engineer for failure to report any conflict, error, or
discrepancy in the Contract Documents, unless Contractor had actual knowledge
thereof or should reasonably have known thereof.
00700-General Conditions 00700 -5
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
B. Within twenty days after the Effective Date of the Agreement, not before Contractor
starts the Work at the Site, Contractor shall submit items as noted in Document 00550
Notice to Proceed (and as specified) to Engineer for review.
C. Further, before any Work at the Site is started, Contractor shall deliver to Owner, with
a copy to Engineer, certificates and other evidence of insurance requested by Owner
which Contractor is required to purchase and maintain in accordance with
Paragraph 5.02 (and Owner shall deliver to Contractor certificates and other evidence
of insurance requested by Contractor which Owner is required to purchase and
maintain in accordance with Paragraph 5.02).
2.06 PRECONSTRUCTION CONFERENCE:
A. Within 20 days after the Effective Date of the Agreement, but before Contractor starts
the Work at the Site, a conference attended by Contractor, Engineer, and others as
appropriate will be held to discuss the schedules referred to in Paragraph 2.05B, to
discuss procedures for handling Submittals, processing Applications for Payment, and
to establish a working understanding among the parties as to the Work.
2.07 FINALIZING SCHEDULES:
A. A schedule shall be finalized in accordance with Specification SECTION 01321. The
finalized construction progress schedule will be acceptable to Engineer if it provides
an orderly progression of the Work to completion within the Contract Times, but such
acceptance will neither impose on Engineer responsibility for the progress or
scheduling of the Work nor relieve Contractor from full responsibility therefor. The
finalized schedule of Submittal submissions will be acceptable to Engineer if it
provides a workable arrangement for processing the submissions.
ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 INTENT:
A. The Contract Documents comprise the entire agreement between Owner and
Contractor concerning the Work. The Contract Documents are complementary; what
is called for by one is as binding as if called for by all. The Contract Documents will
be construed in accordance with the Law of the place of the Project.
B. It is the intent of the Contract Documents to describe a functionally complete Project
or part thereof) to be constructed in accordance with the Contract Documents. Any
Work, Materials, or Equipment that may reasonably be inferred from the Contract
Documents as being required to produce the intended result will be supplied whether
or not specifically called for, at no additional cost to the Owner.
1. When words which have a well-known technical or trade meaning are used to
describe Work, Materials, or Equipment, such words shall be interpreted in
accordance with that meaning.
2. Reference to standard specifications, manuals, or codes of any technical
society, organization, or association, or to the Laws or Regulations of any
governmental authority, whether such reference be specific or by implication,
shall mean the latest standard specification, manual, code, or Laws or
Regulations in effect at the time of opening of Bids except as may be otherwise
specifically stated. However, no provision of any referenced standard
specification, manual, or code ( whether or not specifically incorporated by
00700-General Conditions 00700 -6
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
reference in the Contract Documents) shall be effective to change the duties
and responsibilities of Owner, Contractor, or Engineer, or any of their
consultants, agents, or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to Engineer, or any of Engineer’s
consultants, agents or employees, any duty or authority to supervise or direct
the furnishing or performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of the Contract
Documents.
3. Clarifications and interpretations of the Contract Documents shall be issued
by Engineer as provided in Paragraph 9.04.
C. If, during the performance of the Work, Contractor finds a conflict, error, or
discrepancy in the Contract Documents, Contractor shall so report to Engineer in
writing at once and before proceeding with the Work affected thereby shall obtain a
written interpretation or clarification from Engineer, however, Contractor shall not be
liable to Owner or Engineer for failure to report any conflict, error, or discrepancy in
the Contract Documents unless Contractor had actual knowledge thereof or should
reasonably have known thereof.
D. Applicable codes and standards referenced in these Contract Documents establish
minimum requirements for Equipment, Materials, and Work and are superseded by
more stringent requirements of Contract Documents when and where they occur.
E. The Specifications are separated into Divisions and Sections for convenience in
defining the Work. Contract Drawings are separated according to engineering
disciplines and other classifications. This sectionalizing and the arrangement of
Contract Drawings shall not control the Contractor in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be performed by any specific
trade.
3.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS:
A. The Contract Documents may be amended to provide for additions, deletions, and
revisions in the Work or to modify the terms and conditions thereof in one or more of
the following ways:
1. A formal Written Amendment.
2. A Change Order (pursuant to Paragraph 10.01D).
B. As indicated in Paragraphs 11.01B and 12.01A, Contract Price and Contract Times
may only be changed by a Change Order or Written Amendment.
C. In addition, the requirements of the Contract Documents may be supplemented, and
minor variations and deviations in the Work may be authorized, in the following way:
1. A Field Order (pursuant to Paragraph 9.05).
2. Engineer’ s written interpretation or clarification (pursuant to Paragraph 9.04).
3.03 OWNERSHIP AND REUSE OF DOCUMENTS:
A. All Contract Documents and copies thereof furnished by Engineer shall be the property
of the Owner.
B. Neither Contractor nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with
Owner shall have or acquire any title to or ownership rights in any of the Drawings,
Specifications, or other documents (or copies of any thereof) prepared by or bearing
00700-General Conditions 00700 -7
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
the seal of Engineer; and they shall not reuse any of the documents on extensions of
the Project or any other project without written consent of Owner and Engineer and
specific written verification or adaptation by Engineer.
ARTICLE 4 -AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE
POINTS
4.01 AVAILABILITY OF LANDS:
A. Owner shall furnish, as indicated in the Contract Documents, the lands upon which the
Work is to be performed, rights-of-way and easements for access thereto, and such
other lands which are designated for the use of Contractor. Easements for permanent
structures or permanent changes in existing facilities will be obtained and paid for by
Owner, unless otherwise provided in the Contract Documents.
B. If Contractor believes that any delay in Owner’ s furnishing these lands, rights-of-way,
or easements entitles Contractor to an extension of the Contract Times, Contractor may
make a claim therefor as provided in Article 12.
C. Contractor shall provide for all additional lands and access thereto that may be required
for temporary construction facilities or storage of materials and equipment.
D. Contractor shall confine his operations to the construction limits indicated.
4.02 UNFORESEEN SUBSURFACE CONDITIONS:
A. Contractor shall promptly notify Engineer in writing of any subsurface or latent
physical conditions encountered at the Site which differ materially from those specified
or indicated, or which could be reasonably interpreted from examination of the Site
and available subsurface information at the time of bidding.
B. Engineer will promptly investigate those conditions and advise Owner if further
surveys or subsurface tests are necessary. Promptly thereafter, Engineer will obtain
the necessary additional surveys and tests and furnish copies of results to Contractor
and Owner.
C. If Engineer and Owner find that the subsurface or latent physical conditions
encountered at the Site differ materially from those specified or indicated, or which
could have been reasonably interpreted from examination of the Site and available
subsurface information at the time of bidding, then a Change Order will be issued by
the Owner incorporating the necessary revisions.
4.03 PHYSICAL CONDITIONS -UNDERGROUND FACILITIES:
A. Shown or Indicated: The information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or contiguous to the Site
is based on information and data furnished to Owner or Engineer by the owners of such
Underground Facilities or by others. Unless it is otherwise expressly provided:
1. Owner and Engineer shall not be responsible for the accuracy or completeness
of any such information or data; and,
2. Contractor shall have full responsibility for reviewing and checking all such
information and data, for locating all Underground Facilities shown or
indicated in the Contract Documents, for coordination of the Work with the
owners of such Underground Facilities during construction, for the safety and
protection thereof as provided in Paragraph 6.12 and repairing any damage
00700-General Conditions 00700 -8
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
thereto resulting from the Work, the cost of all of which will be considered as
having been included in the Contract Price.
B. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or
contiguous to the Site which was not shown or indicated in the Contract Documents
and which Contractor could not reasonably have been expected to be aware of,
Contractor shall, promptly after becoming aware thereof and before performing any
Work affected thereby ( except in an emergency as permitted by Paragraph 6.13),
identify the owner of such Underground Facility and give written notice thereof to that
owner and Engineer. Engineer will promptly review the Underground Facility to
determine the extent to which the Contract Documents should be modified to reflect
and document the consequences of the existence of the Underground Facility, and the
Contract Documents will be amended or supplemented to the extent necessary. During
such time, Contractor shall be responsible for the safety and protection of such
Underground Facility as provided in Paragraph 6.12. Contractor shall be allowed an
increase in the Contract Price or an extension of the Contract Times, or both, to the
extent that they are attributable to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents and which Contractor could not
reasonably have been expected to be aware of. If the parties are unable to agree as to
the amount or length thereof, Contractor may make a claim therefor as provided in
Articles 11 and 12.
4.04 REFERENCE POINTS:
A. Engineer will provide engineering surveys to establish reference points for
construction which in Engineer’ s judgment are necessary to enable Contractor to
proceed with the Work. Contractor shall be responsible for laying out the Work (unless
otherwise specified in the General Requirements), shall protect and preserve the
established reference points, and shall make no changes or relocations without the prior
written approval of Engineer. Contractor shall report to Engineer whenever any
reference point is lost or destroyed or requires relocation because of necessary changes
in grades or locations, and shall be responsible for the accurate replacement or
relocation of such reference points by professionally qualified personnel. Contractor
shall be responsible for any mistakes or loss of time that may result from their loss or
disturbance.
B. Contractor shall make such surveys as are required for establishing pay limits and
determining quantities for progress pay estimates. He shall furnish Engineer with one
copy each of all field notes of such surveys.
4.05 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE, OR RADIOACTIVE
MATERIAL:
A. Owner shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste, or
Radioactive Material uncovered or revealed at the Site which was not shown or
indicated in Drawings or Specifications or identified in the Contract Documents to be
within the scope of the Work and which may present a substantial danger to persons or
property exposed thereto in connection with the Work at the Site. Owner shall not be
responsible for any such materials brought to the Site by Contractor, Subcontractor,
Suppliers, or anyone else for whom Contractor is responsible.
B. Contractor shall immediately: (i)stop all Work in connection with such hazardous
condition and in any area affected thereby ( except in an emergency as required by
00700-General Conditions 00700 -9
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
Paragraph 6.13), and ( ii)notify Owner and Engineer ( and thereafter confirm such
notice in writing). Owner shall promptly consult with Engineer concerning the
necessity for Owner to retain a qualified expert to evaluate such hazardous condition
or take corrective action, if any. Contractor shall not be required to resume Work in
connection with such hazardous condition or in any such affected area until after
Owner has obtained any required permits related thereto and delivered to Contractor
special written notice: (i)specifying that such condition and any affected area is or has
been rendered safe for the resumption of Work, or ( ii) specifying any special
conditions under which such Work may be resumed safely. If Owner and Contractor
cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in
Contract Price or Contract Times as a result of such Work stoppage or such special
conditions under which Work is agreed by Contractor to be resumed, either party may
make a claim therefor as provided in Articles 11 and 12.
C. If after receipt of such special written notice Contractor does not agree to resume such
Work based on a reasonable belief it is unsafe, or does not agree to resume such Work
under such special conditions, then Owner may order such portion of the Work that is
in connection with such hazardous condition or in such affected area to be deleted from
the Work. If Owner and Contractor cannot agree as to entitlement to or the amount or
extent of an adjustment, if any, in Contract Price or Contract Times as a result of
deleting such portion of the Work, then either party may make a claim therefor as
provided in Articles 11 and 12. Owner may have such deleted portion of the Work
performed by Owner’ s own forces or others in accordance with Article 7.
D. The provisions of Paragraphs 4.02 and 4.03 are not intended to apply to Asbestos,
PCBs, Petroleum, Hazardous Waste, or Radioactive Material uncovered or revealed at
the Site.
ARTICLE 5 -BONDS AND INSURANCE
5.01 PERFORMANCE AND OTHER BONDS:
A. Following the Notice of Award, the Contractor shall furnish performance and payment
Bonds, each in an amount at least equal to the Contract Price (inclusive of any
anticipated contingency) as security for the faithful performance and payment of all
Contractor’ s obligations under the Contract Documents. The bonds shall either
include the total amount approved by the City Council or include a rider for the
continency amount above the Contract Price. These Bonds shall remain in effect at
least until two years after the date when final payment is approved by Owner, except
as otherwise provided by Law or Regulation or by the Contract Documents. Contractor
shall also furnish such other Bonds as are required by the Contract Documents. All
Bonds shall be in the forms prescribed by Law or Regulation or by the Contract
Documents and be executed by such sureties as are named in the current list of
Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsuring Companies” as published in Circular 570
amended) by the Financial Management Service, Surety Bond Branch,
U.S. Department of the Treasury. All bonds shall be signed by an Arkansas Agent.
B. The Bonds shall be automatically increased in amount and extended in time without
formal and separate amendments to cover full and faithful performance of the Contract
in the event of Change Orders, regardless of the amount of time or money involved. It
00700-General Conditions 00700 -10
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
is Contractor’ s responsibility to notify his surety of any changes affecting the general
scope of the Work or change in the Contract Price or Contract Times.
C. Bonds signed by an agent must be accompanied by a certified copy of the authority to
act.
D. Date of Bonds shall be the same as the Effective Date of the Agreement.
E. If at any time during the continuance of the Contract, the surety on any Bond becomes
unacceptable to Owner for financial reasons, Owner has the right to require additional
and sufficient sureties which Contractor shall furnish to the satisfaction of Owner
within ten days after notice to do so.
1. If the surety on any Bond furnished by Contractor is declared bankrupt or
becomes insolvent or its right to do business is terminated in any state where
any part of the Project is located or it ceases to meet the requirements of
Paragraph 5.01A, Contractor shall within five days thereafter substitute
another Bond and surety, both of which must be acceptable to Owner.
F. The Bonds shall be provided to the City after the bonds are filed and file marked at
the Washington County Circuit Clerk’ s office.
5.02 INSURANCE:
A. Contractor’ s Liability Insurance:
1. Contractor and all of his subcontractors shall purchase and maintain such
liability and other insurance as is appropriate for the Work being furnished and
performed and as will provide protection from claims set forth below which
may arise out of or result from Contractor’ s furnishing and performance of the
Work and Contractor’ s other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or
by anyone directly or indirectly employed by any of them to perform any of
the Work, or by anyone for whose acts any of them may be liable:
a. Claims under workers’ compensation, disability benefits, and other similar
employee benefit acts;
b. Claims for damages because of bodily injury, occupational sickness or
disease, or death of Contractor’ s employees;
c. Claims for damages because of bodily injury, sickness, or disease, or death
of any person other than Contractor’ s employees;
d. Claims for damages insured by reasonably available personal injury
liability coverage which are sustained: (i)by any person as a result of an
offense directly or indirectly related to the employment of such person by
Contractor, or (ii)by any other person for any other reason;
e. Claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property wherever located, including loss of use
therefrom;
f. Claims arising out of operation of Laws or Regulations for damages
because of bodily injury or death of any person or for damage to property;
and
g. Claims for damages because of bodily injury or death of any person or
property damage arising out of the ownership, maintenance, or use of any
motor vehicle.
00700-General Conditions 00700 -11
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
2. The insurance required by this paragraph shall include the specific coverages,
and be written for not less than the limits of liability specified or required by
Law, whichever is greater.
a. Umbrella General Liability $ 5,000,000
b. Workers’ compensation Statutory (State and Federal Limits)
Employer’ s Liability $ 500,000 each accident
c. Commercial General Liability
1) General Aggregate $ 2,000,000
2) Products-Completed Operations Aggregate $ 2,000,000
3) Personal & Advertising Injury Limit $ 1,000,000
4) Each Occurrence Limit $ 1,000,000
5) Fire Damage Limit $ 100,000
6) Medical Expense Limit $ 5,000
d. Business Automobile Liability
1) Any one loss or accident $ 1,000,000
B. The policies of insurance so required by paragraph 5.02A to be purchased and
maintained shall:
1. with respect to insurance required by Paragraphs 5.02A.1.c through 5.02A.1.g
inclusive, include as additional insureds by endorsement (subject to customary
exclusion in respect of professional liability) Owner, Engineer, and Engineer’ s
Consultants, and include coverage for the respective officers, directors,
partners, employees, agents, and other consultants and subcontractors of each
and any of all such additional insureds, and the insurance afforded to these
additional insureds shall provide primary coverage for all claims covered
thereby;
2. include at least the specific coverages and be written for not less than the limits
of liability specified in Paragraph 5.02A.2 or required by Laws and
Regulations, whichever is greater;
3. with respect to insurance required by paragraphs 5.02A1.c through 5.02A1.g
inclusive, include premises/operations, products, completed operations,
independent contractors, and personal injury insurance,;
4. include in the Commercial General Liability policy, contractual liability
insurance covering Contractor’ s indemnity obligations under Paragraphs 6.06,
6.10, and 6.16, and written for not less than the limits of liability and coverages
specified above;
5. contain a provision or endorsement that the coverage afforded will not be
cancelled, materially changed, or renewal refused until at least 30 days’ prior
written notice by certified mail has been given to Owner and Contractor and
to each other additional insured to whom a certificate of insurance has been
issued;
6. provide Broad Form Property Damage coverage and contain no exclusion
commonly referred to as XC&U exclusion) relative to blasting, earthquake,
flood, explosion, collapse of buildings, or damage to underground property;
7. remain in effect at least until final payment and at all times thereafter when
Contractor may be correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07;
8. with respect to completed operations insurance, and any insurance coverage
written on a claims-made basis, remain in effect for at least two years after
00700-General Conditions 00700 -12
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
final payment and Contractor shall furnish Owner and each other specified
additional insured to whom a certificate of insurance has been issued, evidence
satisfactory to Owner and any such additional insured of continuation of such
insurance at final payment and one year thereafter;
9. include Independent Contractors Protective Liability coverage; and
10. with respect to the Commercial General Liability policy, the maximum
deductible allowed shall be $5, 000.
11. Owner and Contractor waive all rights against each other and their respective
officers, directors, partners, employees, agents, and other consultants and
subcontractors of each and any of them for all losses and damages caused by,
arising out of, or resulting from any of the perils or causes of loss covered by
such policies required by Paragraph 5.02A and any other liability insurance
applicable to the Work; and, in addition, waive all such rights against
Subcontractors, Engineer, Engineer’ s Consultants, and all other individuals or
entities endorsed as insureds or additional insureds (and the officers, directors,
partners, employees, agents and other consultants and subcontractors of each
and any of them) under such policies for losses and damages so caused. As
required by Paragraph 6.05D, each subcontract between Contractor and a
Subcontractor shall contain similar waiver provisions by the Subcontractor in
favor of Owner, Contractor, Engineer, Engineer’ s Consultants, and all other
parties endorsed as insureds or additional insureds. None of the above waivers
shall extend to the rights that any of the insured parties may have to proceeds
of insurance held by Owner as trustee or otherwise payable under any policy
so issued. with respect to the Commercial General Liability policy, the
maximum deductible allowed shall be $5,000.
C. Owner’ s Protective Liability Insurance:
1. Contractor shall be responsible for purchasing and maintaining Owner’ s
Protective Liability insurance with Owner, and Engineer as named insureds.
2. This insurance shall have the same limits of liability as the Commercial
General Liability insurance and shall protect Owner and Engineer against any
and all claims and liabilities for injury to or death of persons, or damage to
property caused in whole or in part by, or alleged to have been caused in whole
or in part by, negligent acts or omissions of Contractor or Subcontractors or
any agent, servant, worker, or employee of Contractor or Subcontractors
arising from the operations under the Contract Documents.
3. This insurance may be provided by endorsement to Contractor’ s Commercial
General Liability insurance policy.
D. Property Insurance:
1. Contractor shall purchase and maintain property insurance upon the Work at
the Site in the amount of the full insurable value thereof ( subject to such
deductible amounts as follows) or as required by Laws or Regulations. This
insurance shall:
a. be on the completed value form and include the interests of Owner,
Contractor, Subcontractors, Engineer, and Engineer’ s Consultants, and the
officers, directors, partners, employees, agent, and other consultants and
subcontractors of each and any of them, each of whom is deemed to have
an insurable interest and shall be listed as an additional insured;
00700-General Conditions 00700 -13
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
b. be written on a Builder’s Risk “all-risk” or open peril or special causes of
loss policy form that shall at least include insurance for physical loss or
damage to the Work, temporary buildings, false work, and Equipment and
Materials, and shall insure against at least the following perils or causes of
loss: fire, lightning, extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal, demolition occasioned by
enforcement of Laws and Regulations, water damage, terrorism, and such
other perils ( as flood, earthquake, explosions, collapse, underground
hazard) or causes of loss as may be specifically required in the Contract
Documents;
c. include expenses incurred in the repair or replacement of any insured
property ( including but not limited to fees and charges of engineers,
architects, attorneys, and other professionals);
d. cover Equipment and Materials stored at the Site or at another location that
was agreed to in writing by Engineer prior to being incorporated in the
Work, provided that such Equipment and Materials have been included in
an Application for Payment recommended by Engineer;
e. allow for partial utilization of the Work by Owner;
f. include testing and startup;
g. be maintained in effect until final payment ( or the Owner assumes
beneficial occupancy and agrees to provide insurance coverage for the
facilities so occupied) is made unless otherwise agreed to in writing by
Owner, Contractor, and Engineer with 30 days’ written notice to each
other additional insured to whom a certificate of insurance has been issued;
and
h. have a deductible amount of $ 10,000.
2. Contractor shall purchase and maintain such boiler and machinery insurance
or additional property insurance as required by Laws and Regulations which
will include the interests of Owner, Contractor, Subcontractors, Engineer, and
Engineer’ s Consultants in the Work, each of whom is deemed to have an
insurable interest and shall be listed as insured or additional insured parties.
3. All policies of insurance required to be purchased and maintained in
accordance with Paragraph 5.02D will contain a provision or endorsement that
the coverage afforded will not be cancelled or materially changed or renewal
refused until at least 30 days’ prior notice by certified mail has been given to
Owner and Contractor and to each additional insured to whom a certificate of
insurance has been issued and will contain waiver provisions in accordance
with Paragraph 5.02F below.
4. Copies of the policies shall be furnished for property insurance. Certificates
will not be acceptable.
E. Transit Insurance:
1. Transit insurance shall be furnished by Contractor to protect Contractor and
Owner from all risks of physical loss or damage to Equipment and Materials,
not otherwise covered under other policies, during transit from point of origin
to the Site of installation or erection.
2. This insurance shall be written on an “ All Risk” basis with additional
coverages applicable to the circumstances that may occur in the particular
Work included in this Contact.
00700-General Conditions 00700 -14
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
3. This insurance shall be in an amount not less than 100% of the manufactured
or fabricated value of items exposed to risk in transit at any one time.
4. This insurance shall contain a waiver of rights of subrogation the insurer may
have or acquire against Engineer.
F. Waiver of Rights:
1. Owner and Contractor intend that all policies purchased in accordance with
Paragraph 5.02D will protect Owner, Contractor, Subcontractors, Engineer,
Engineer’ s Consultants, and other individuals or entities endorsed as insureds
or additional insureds (and the officers, directors, partners, employees, agents,
and other consultants and subcontractors of each and any of them) in such
policies and will provide primary coverage for all losses and damages caused
by the perils or causes of loss covered thereby. All such policies shall contain
provisions to the effect that in the event of payment of any loss or damage, the
insurers will have no rights of recovery against any of the insureds or
additional insureds thereunder; and if the insurers require separate waiver
forms to be signed by Engineer or Engineer’ s Consultants, Owner will obtain
the same, and if such waiver forms are required of any Subcontractor,
Contractor shall obtain the same.
2. Owner and Contractor waive all rights against each other and their respective
officers, directors, partners, employees, agents, and other consultants and
subcontractors of each and any of them for all losses and damages caused by,
arising out of, or resulting from any of the perils or causes of loss covered by
such policies required by Paragraph 5.02D and any other property insurance
applicable to the Work; and, in addition, waive all such rights against
Subcontractors, Engineer, Engineer’ s Consultants, and all other individuals or
entities endorsed as insureds or additional insureds (and the officers, directors,
partners, employees, agents, and other consultants and subcontractors of each
and any of them) under such policies for losses and damages so caused. As
required by Paragraph 6.05D, each subcontract between Contractor and a
Subcontractor shall contain similar waiver provisions by the Subcontractor in
favor of Owner, Contractor, Engineer, Engineer’ s Consultants, and all other
parties endorsed as insureds or additional insureds. None of the above waivers
shall extend to the rights that any of the insured parties may have to proceeds
of insurance held by Owner as trustee or otherwise payable under any policy
so issued.
G. Receipt and Application of Insurance Proceeds:
1. Any insured loss under the policies of insurance required by Paragraph 5.02D
will be adjusted with Owner and made payable to Owner as fiduciary for the
insureds, as their interests may appear, subject to the requirements of any
applicable mortgage clause and of Paragraph 5.02G.2. Owner shall deposit in
a separate account any money so received and shall distribute it in accordance
with such agreement as the parties in interest may reach. If no other special
agreement is reached, the damaged Work shall be repaired or replaced, the
moneys so received applied to account thereof, and the Work and the cost
thereof covered by an appropriate Change Order or Written Amendment.
2. Owner as fiduciary shall have power to adjust and settle any loss with the
insurers unless one of the parties in interest shall object in writing within
15 days after the occurrence of loss to Owner’ s exercise of this power. If such
00700-General Conditions 00700 -15
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
objection is made, Owner as fiduciary shall make settlement with the insurers
in accordance with such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached, Owner as fiduciary
shall adjust and settle the loss with the insurers and, if required in writing by
any party in interest, Owner as fiduciary shall give bond for the proper
performance of such duties upon the occurrence of an insured loss.
H. Acceptance of Insurance:
1. If Owner has any objection to the coverage afforded by or other provisions of
the insurance required to be purchased and maintained by Contractor in
accordance with Paragraph 5.02 on the basis of non-conformance with the
Contract Documents, Owner shall so notify Contractor in writing thereof
within 10 days of the date of delivery of such certificates and other evidence
of insurance to Owner required by Paragraph 2.05C.
2. Owner and Contractor shall each provide to the other such additional
information in respect of insurance provided as the other may reasonably
request If either party does not purchase or maintain all of the insurance
required of such party by the Contract Documents, such party shall notify the
other party in writing of such failure to purchase prior to the start of the Work,
or of such failure to maintain prior to any change in the required coverage.
Without prejudice to any other right or remedy, the other party may elect to
obtain equivalent insurance to protect such other party’ s interests at the
expense of the party who was required to provide such coverage, and a Change
Order shall be issued to adjust the Contract Price accordingly.
I. Partial Utilization, Acknowledgment of Property Insurer:
1. If Owner finds it necessary to occupy or use a portion or portions of the Work
prior to Substantial Completion of all the Work as provided in
Paragraph 14.06, no such use or occupancy shall commence before the
insurers providing property insurance pursuant to Paragraph 5.02D have
acknowledged notice thereof and in writing effected any changes in coverage
necessitated thereby. The insurers providing the property insurance shall
consent by endorsement on the policy or policies, but the property insurance
shall not be cancelled or lapse on account of any such partial use or occupancy.
ARTICLE 6 -CONTRACTOR’ S RESPONSIBILITIES
6.01 SUPERVISION AND SUPERINTENDENCE:
A. Contractor shall supervise and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to
perform the Work in accordance with the Contract Documents. Contractor shall be
solely responsible for and have control over construction means, methods, techniques,
sequences, and procedures and for coordinating all portions of the Work, but
Contractor shall not be responsible for the negligence of others in the design or
selection of a specific means, method, technique, sequence, or procedure of
construction which is indicated in and required by the Contract Documents. Contractor
shall be responsible to see that the finished Work complies accurately with the Contract
Documents.
B. Contractor shall keep on the Work at all times during its progress a competent resident
superintendent, who shall not be replaced without written notice to Owner and
00700-General Conditions 00700 -16
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
Engineer except under extraordinary circumstances. The superintendent will be
Contractor’ s representative at the Site and shall have authority to act on behalf of
Contractor. All communications given to the superintendent shall be as binding as if
given to Contractor.
C. When manufacturer’ s field services in connection with the erection, installation,
start-up, or testing of Equipment furnished under this Contract, or instruction of
Owner’ s personnel thereon are specified, Contractor shall keep on the Work, during its
progress or as specified, competent manufacturer’ s field representatives and any
necessary assistants.
6.02 LABOR, EQUIPMENT, AND MATERIALS:
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out
the Work and perform construction as required by the Contract Documents. Contractor
shall at all times maintain good discipline and order at the Site. Except in connection
with the safety or protection of persons or the Work or property at the Site or adjacent
thereto, and except as otherwise indicated in the Contract Documents, all Work at the
Site shall be performed during regular working hours, and Contractor will not permit
overtime work or the performance of Work on Saturday, Sunday, or any legal holiday
without Engineer’ s written consent.
B. Unless otherwise specified in the General Requirements, Contractor shall furnish and
assume full responsibility for all Equipment and Materials, labor, transportation,
construction equipment and machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanitary facilities, temporary facilities, and all other facilities and
incidentals necessary for the furnishing, performance, testing, start-up, and completion
of the Work.
C. All Equipment and Materials shall be of good quality and new, except as otherwise
provided in the Contract Documents. If required by Engineer, Contractor shall furnish
to Engineer satisfactory evidence ( including reports of required tests) as to the kind
and quality of Equipment and Materials. All Equipment and Materials shall be applied,
installed, connected, erected, used, cleaned, and conditioned in accordance with the
instructions of the applicable Supplier except as otherwise provided in the Contract
Documents; but no provision of any such instructions will be effective to assign to
Engineer, or any of Engineer’ s consultants, agents, or employees, any duty or authority
to supervise or direct the furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provisions of Paragraph 9.10C and
9.10D.
D. All Equipment and Materials incorporated in the Work shall be designed to meet the
applicable safety standards of federal, state, and local Laws and Regulations.
E. Domestic Product Procurement: As further specified elsewhere in these or referenced
documents.
6.03 ADJUSTING PROGRESS SCHEDULE:
A. Contractor shall submit to Engineer for acceptance ( to the extent indicated in
Paragraph 2.07) adjustments in the progress schedule to reflect the impact thereon of
new developments; these will conform generally to the progress schedule then in effect
and additionally will comply with any provisions of the General Requirements
applicable thereto.
00700-General Conditions 00700 -17
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
6.04 SUBSTITUTES OR “OR-EQUAL” ITEMS:
A. Whenever an item of Equipment or Material is specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to establish the type, function,
appearance, and quality required. Unless the specification or description contains or
is followed by words reading that no like, equivalent, or “ or-equal” item or no
substitute is permitted, other items of Equipment or Material of other Suppliers may
be submitted by Contractor to Engineer for review under the circumstances described
below.
1. “ Or-Equal” Items: If in Engineer’ s sole discretion an item of Equipment or
Material proposed by Contractor is functionally equal to that named and
sufficiently similar so that no change in related Work will be required, it may
be considered by Engineer as an “ or-equal” item, in which case review and
approval of the proposed item may, in Engineer’s sole discretion, be
accomplished without compliance with some or all of the requirements for
approval of proposed substitute items. For purposes of this
Paragraph 6.04A.1, a proposed item of Equipment or Material will be
considered functionally equal to an item so named if:
a. In the exercise of reasonable judgment Engineer determines that: (i)it is
at least equal in quality, durability, appearance, strength, and design
characteristics; ( ii)it will reliably perform at least equally well the
function imposed by the design concept of the completed Project as a
functioning whole, and;
b. Contractor certifies that: ( i)there is no increase in cost to Owner; and
ii)it will conform substantially, even with deviations, to the detailed
requirements of the item named in the Contract Documents.
c. “ Or-Equal” will not be considered until after Award of Contract.
2. Substitute Items:
a. If in Engineer’ s sole discretion an item of Equipment or Material proposed
by Contractor does not qualify as an “ or-equal” item under
Paragraph 6.04A.1, it will be considered a proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow
Engineer to determine that the item of Equipment or Material proposed is
essentially equivalent to that named and an acceptable substitute therefor.
Requests for review of proposed substitute items of Equipment or
Materials will not be accepted by Engineer from anyone other than
Contractor.
c. The procedure for review by Engineer will be as set forth in
Paragraph 6.04A.2.d, as may be supplemented in the General
Requirements and as Engineer may decide is appropriate under the
circumstances.
d. Contractor shall first make written application to Engineer for review of a
proposed substitute item of Equipment or Material that Contractor seeks
to furnish or use. The application shall certify that the proposed substitute
item will perform adequately the functions and achieve the results called
for by the general design, be similar in substance to that specified, and be
suited to the same use as that specified. The application will state the
extent, if any, to which the use of the proposed substitute will prejudice
00700-General Conditions 00700 -18
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
Contractor’ s achievement of Substantial Completion on time; whether or
not use of the proposed substitute item in the Work will require a change
in any of the Contract Documents (or in the provisions of any other direct
contract with Owner for work on the Project) to adapt the design to the
proposed substitute item; and whether or not incorporation or use of the
proposed substitute item in connection with the Work is subject to
payment of any license fee or royalty. All variations of the proposed
substitute item from that specified will be identified in the application, and
available engineering, sales, maintenance, repair, and replacement
services will be indicated. The application will also contain an itemized
estimate of all costs or credits that will result directly or indirectly from
use of such substitute item, including costs of redesign and claims of other
contractors affected by any resulting change, all of which will be
considered by Engineer in evaluating the proposed substitute item.
Engineer may require Contractor to furnish additional data about the
proposed substitute item.
e. Substitute items will not be considered until after Award of Contract.
B. If a specific means, method, technique, sequence, or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or use a
substitute means, method, sequence, technique, or procedure of construction
acceptable to Engineer, if Contractor submits sufficient information to allow Engineer
to determine that the substitute proposed is equivalent to that indicated or required by
the Contract Documents. The procedure for review by Engineer will be similar to that
provided in Paragraph 6.04A.2 as applied by Engineer and as may be supplemented in
the General Requirements.
C. Engineer will be allowed a reasonable time within which to evaluate each proposed
substitute or “or-equal” item. Engineer will be the sole judge of acceptability, and no
substitute or “ or-equal” will be ordered, installed, or used until Engineer’ s review is
complete, which will be evidenced by either (i) a Change Order for a substitute, or
ii) an approved Submittal for an “or-equal.” Owner may require Contractor to furnish
at Contractor’ s expense a special performance guarantee or other surety with respect
to any substitute.
D. Engineer will record time required by Engineer and, Engineer’ s Consultants, in
evaluating substitute proposed or submitted by Contractor pursuant to
Paragraphs 6.04A.2 and 6.04B and in making changes in the Contract Documents or
in the provisions of any other direct contract with Owner for work on the Project
occasioned thereby. Whether or not Engineer approves a substitute item so proposed
or submitted by Contractor, Contractor shall reimburse Owner for the charges of,
Engineer, and Engineer’ s Consultants for evaluating each such proposed substitute.
6.05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS:
A. Contractor shall not employ any Subcontractor, Supplier, or other person or
organization ( including those acceptable to Owner and Engineer as indicated in
Paragraph 6.05B), whether initially or as a substitute, against whom Owner or
Engineer may have reasonable objection. Contractor shall not be required to employ
00700-General Conditions 00700 -19
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
any Subcontractor, Supplier, or other person or organization to furnish or perform any
of the Work against whom Contractor has reasonable objection.
B. If the Contract Documents require the identity of certain Subcontractors, Suppliers, or
other persons or organizations (including those who are to furnish the principal items
of Equipment and Materials) to be submitted to Owner within the required time after
Bid opening prior to the Effective Date of the Agreement for acceptance by Owner and
Engineer and if Contractor has submitted a list thereof, Owner’s or Engineer’s
acceptance (either in writing or by failing to make written objection thereto) of any
such Subcontractor, Supplier, or other person or organization so identified may be
revoked on the basis of reasonable objection after due investigation, in which case
Contractor shall submit an acceptable substitute, the Contract Price will be increased
by the difference in the cost occasioned by such substitution, and an appropriate
Change Order will be issued or Written Amendment signed. No acceptance by Owner
or Engineer of any such Subcontractor, Supplier, or other person or organization shall
constitute a waiver of any right of Owner or Engineer to reject defective Work.
C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions
of the Subcontractors, Suppliers, and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract with Contractor just as
Contractor is responsible for Contractor’ s own acts and omissions. Nothing in the
Contract Documents shall create any contractual relationship between Owner, or
Engineer and any such Subcontractor, Supplier, or other person or organization, nor
shall it create any obligation on the part of Owner or Engineer to pay or to see to the
payment of any moneys due any such Subcontractor, Supplier, or other person or
organization except as may otherwise be required by Laws and Regulations.
D. All Work performed for Contractor by a Subcontractor will be pursuant to an
appropriate agreement between Contractor and the Subcontractor which specifically
binds the Subcontractor to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer and contains waiver provisions as
required by Paragraph 5.02F. Contractor shall pay each Subcontractor a just share of
any insurance moneys received by Contractor on account of losses under policies
issued pursuant to Paragraph 5.02D.
6.06 PATENT FEES AND ROYALTIES:
A. Contractor shall pay all license fees and royalties and assume all costs incident to the
use in the performance of the Work or the incorporation in the Work of any invention,
design, process, product, or device which is the subject of patent rights or copyrights
held by others. If a particular invention, design, process, product, or device is specified
in the Contract Documents for use in the performance of the Work and if to the actual
knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling
for the payment of any license fee or royalty to others, the existence of such rights shall
be disclosed by Owner in the Contract Documents.
B. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly
or indirectly employed by either of them from and against all claims, damages, losses,
and expenses (including attorneys’ fees and court and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to the use in the performance
of the Work or resulting from the incorporation in the Work of any invention, design,
process, product, or device not specified in the Contract Documents, and shall defend
all such claims in connection with any alleged infringement of such rights.
00700-General Conditions 00700 -20
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
6.07 PERMITS:
A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay
for all construction permits and licenses. Owner shall assist Contractor, when
necessary, in obtaining such permits and licenses. Contractor shall pay all
governmental charges and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids. Fees for permits issued by the
City will be waived and the Permits issued by the City necessary for the work are
required. Contractor shall pay all charges of utility owners for connections to the Work,
and Owner shall pay all charges of such utility owners for capital costs related thereto
such as plant investment fees.
6.08 LAWS AND REGULATIONS:
A. Contractor shall give all notices and comply with all Laws and Regulations applicable
to furnishing and performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, neither Owner nor Engineer shall be
responsible for monitoring Contractor’ s compliance with any Laws or Regulations.
B. If Contractor observes that the Specifications or Drawings are at variance with any
Laws or Regulations, Contractor shall give Engineer prompt written notice thereof, and
any necessary changes will be authorized by one of the methods indicated in
Paragraph 3.02. If Contractor performs any Work knowing or having reason to know
that it is contrary to such Laws or Regulations, and without such notice to Engineer,
Contractor shall bear all costs arising therefrom; however, it shall not be Contractor’ s
primary responsibility to make certain that the Specifications and Drawings are in
accordance with such Laws and Regulations.
C. DIGITAL ACCCESSIBLITY REQUIREMENTS: if applicable, Contractor shall
provide accessibility conformance reports (ACRs) for any software provided by the
Contractor that will be accessible by the public upon delivery, whether developed by
the Contractor or a third-party. Visit the link for more information:
https://www.fayettevillear.gov/DocumentCenter/View/39767/Web-Accessibility-
Requirements-for-Vendors-and-Technology-Addendum. Contractor must address all
accessibility issues in any software provided or licensed by the Contractor and
delivered to the City, as well as any documents delivered by the Contractor.
Contractor must ensure that end user deliverables adhere to the WCAG 2.1 AA
standard as defined by Title II of the Americans with Disabilities Act. Deliverables
are defined as any web platform or mobile application, or documents that may be
hosted on a web or mobile platform. This includes documents, spreadsheets or
presentations regardless of format (Microsoft Office products, PDF, etc.). Contractor
must ensure accessibility is addressed during all stages of a project, from
commencement to implementation. Contractor must meet with City staff at the City’s
discretion to review accessibility issues. If Contractor deliverables fail to comply
with WCAG 2.1 Level AA standard, the Contractor shall provide the City with a
credit to cover the cost of additional accessibility testing and resolution. Such credits
shall not exceed 5% of either (1) the total fixed price due to the Contractor under the
contract or (2) the total not-to-exceed amount of the contract if entered under a time
and materials basis.
00700-General Conditions 00700 -21
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
6.09 TAXES:
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be
paid or withheld by Contractor in accordance with the Laws and Regulations of the
place of the Project which are applicable during the performance of the Work.
6.10 USE OF PREMISES:
A. Contractor shall confine construction equipment, the storage of Equipment and
Materials, and the operations of workers to the Project Site and land and areas
identified in and permitted by the Contract Documents and other land and areas
permitted by Laws and Regulations, rights-of-way, permits, and easements, and shall
not unreasonably encumber the premises with construction equipment or other
equipment and materials. Contractor shall assume full responsibility for any damage
to any such land or area, or to the owner or occupant thereof or of any land or areas
contiguous thereto, resulting from the performance of the Work. Should any claim be
made against Owner or Engineer by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to settle with such other
party by agreement or otherwise resolve the claim by arbitration or at Law. Contractor
shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold
Owner and Engineer harmless from and against all claims, damages, losses, and
expenses ( including, but not limited to, fees of engineers, architects, attorneys and
other professionals, and court and arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought by any such other party
against Owner or Engineer to the extent based on a claim arising out of Contractor’ s
performance of the Work.
B. During the progress of the Work, Contractor shall keep the premises free from
accumulations of waste materials, rubbish, and other debris resulting from the
Work. At the completion of the Work, Contractor shall remove all waste materials,
rubbish, and debris from and about the premises as well as all tools, appliances,
construction equipment and machinery, and surplus materials, and shall leave the Site
clean and ready for occupancy by Owner. Contractor shall restore to original condition
all property not designated for alteration by the Contract Documents.
C. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
6.11 RECORD DOCUMENTS:
A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings,
Specifications, Addenda, Written Amendments, Change Orders, Work Change
Directives, Field Test Records, Field Orders, and written interpretations and
clarifications (issued pursuant to Paragraph 9.04) in good order and annotated to show
all changes made during construction. These record documents together with all
approved Samples and a counterpart of all approved Submittals shall be available to
Engineer for reference. Upon completion of the Work, these record documents and
Submittals shall be delivered to Engineer for Owner.
B. Receipt and acceptance of record documents will be a prerequisite for final payment
on the Contract.
00700-General Conditions 00700 -22
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
6.12 SAFETY AND PROTECTION:
A. Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury, or loss to:
1. All employees on the Work and other persons and organizations who may be
affected thereby;
2. All the Work and Materials and Equipment to be incorporated therein, whether
in storage on or off the Site; and
3. Other property at the Site or adjacent thereto, including trees shrubs, lawns,
walks, pavements, roadways, structures, utilities and Underground Facilities
not designated for removal, relocation, or replacement in the course of
construction.
B. Contractor shall comply with all applicable Laws and Regulations of any public body
having jurisdiction for the safety of persons or property or to protect them from
damage, injury, or loss; and shall erect and maintain all necessary safeguards for such
safety and protection. Contractor shall notify owners of adjacent property and of
Underground Facilities and utility owners when prosecution of the Work may affect
them, and shall cooperate with them in the protection, removal, relocation, and
replacement of their property. All damage, injury or loss to any property referred to in
Paragraph 6.12A.2 or 6.12A.3 caused, directly or indirectly, in whole or in part, by
Contractor, any Subcontractor, Supplier, or any other person or organization directly
or indirectly employed by any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, shall be remedied by Contractor ( except
damage or loss attributable to the fault of Drawings or Specifications or to the acts or
omissions of Owner or Engineer or anyone employed by either of them or anyone for
whose acts either of them may be liable, and not attributable, directly or indirectly, in
whole or in part, to the fault or negligence of Contractor). Contractor’ s duties and
responsibilities for the safety and protection of the Work shall continue until such time
as all the Work is completed and Engineer has issued a notice to Owner and Contractor
in accordance with Paragraph 14.09A that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Completion).
C. Contractor shall designate a responsible representative at the Site whose duty shall be
the prevention of accidents. This person shall be Contractor’ s superintendent unless
otherwise designated in writing by Contractor to Owner and Engineer.
6.13 EMERGENCIES:
A. In emergencies affecting the safety or protection of persons or the Work or property at
the Site or adjacent thereto, Contractor, without special instruction or authorization
from Engineer or Owner, is obligated to act to prevent threatened damage, injury, or
loss. Contractor shall give Engineer prompt written notice if Contractor believes that
any significant changes in the Work or variations from the Contract Documents have
been caused thereby. If Engineer determines that a change in the Contract Documents
is required because of the action taken in response to an emergency, a Change Order
will be issued to document the consequences of the changes or variations.
00700-General Conditions 00700 -23
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
6.14 SUBMITTALS:
A. After checking and verifying all field measurements and after complying with
applicable procedures specified in the General Requirements, Contractor shall submit
to Engineer for review and acceptance by Engineer, in accordance with the accepted
schedule of submissions, copies of Submittals which will bear the required information
that Contractor has satisfied Contractor’ s responsibilities under the Contract
Documents with respect to the review of the submission. All submissions will be
identified as Engineer may require. The data shown on Submittals will be complete
with respect to quantities, dimensions, specified performance and design criteria,
materials, and similar data to enable Engineer to review the information as required.
B. Before submission of each Submittal, Contractor shall have determined and verified
all quantities, dimensions, specified performance criteria, installation requirements,
materials, catalog numbers, and similar data with respect thereto and reviewed or
coordinated each Submittal with other Submittals and with the requirements of the
Work and the Contract Documents.
C. At the time of each submission, Contractor shall give Engineer specific written notice
of each variation that the Submittal may have from the requirements of the Contract
Documents, and in addition, shall cause a specific notation to be made on each
Submittal submitted to Engineer for review and approval of each such variation.
D. Engineer will review Submittals with reasonable promptness, but Engineer’ s review
and acceptance will be only for conformance with the design concept of the Project
and for compliance with the information given in the Contract Documents and shall
not extend to means, methods, techniques, sequences, or procedures of construction
except where a specific means, method, technique, sequence, or procedure of
construction is indicated in or required by the Contract Documents) or to safety
precautions or programs incident thereto. The review and approval of a separate item
as such will not indicate approval of the assembly in which the item
functions. Contractor shall make corrections required by Engineer, and shall return the
required number of corrected copies of Submittals and resubmit as required for review
and acceptance. Contractor shall direct specific attention in writing to revisions other
than the corrections called for by Engineer on previous Submittals.
E. Engineer’ s review and acceptance of Submittals shall not relieve Contractor from
responsibility for any variation from the requirements of the Contract Documents.
Contractor shall in writing call Engineer’ s attention to each and every variation at the
time of submission. Engineer will show approval of each such variation by a specific
written notation thereof incorporated in or accompanying the Submittal. Acceptance
by Engineer shall not relieve Contractor from responsibility for errors or omissions in
the Submittals.
F. Where a Submittal is required by the Specifications, any related Work performed prior
to Engineer’ s review and acceptance of the pertinent submission will be the sole
expense and responsibility of Contractor.
6.15 CONTINUING THE WORK:
A. Contractor shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with Engineer or Owner. No Work shall be delayed or
postponed pending resolution of any disputes or disagreements, except as permitted by
Paragraph 15.03 or as Contractor and Owner may otherwise agree in writing.
00700-General Conditions 00700 -24
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
6.16 INDEMNIFICATION:
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify
and hold harmless Owner, Engineer, Engineer’ s Consultants, and the officers,
directors, partners, employees, agents, and other consultants and subcontractors of each
and any of them from and against all claims, damages, losses and expenses, direct,
indirect, or consequential (including but not limited to fees and charges of engineers,
architects, attorneys and other professionals, and court and arbitration costs) arising
out of or resulting from the performance of the Work, provided that any such claim,
damage, loss, or expense:
1. Is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) including the loss
of use resulting therefrom, and
2. Is caused in whole or in part by any negligent act or omission of Contractor,
any Subcontractor, any person, or organization directly or indirectly employed
by any of them to perform or furnish any of the Work or anyone for whose acts
any of them may be liable, regardless of whether or not it is caused in part by
a party indemnified hereunder or arises by or is imposed by Laws and
Regulations regardless of the negligence of any such party.
B. In any and all claims against Owner or Engineer or any of their consultants, agents, or
employees by any employee of Contractor, any Subcontractor, any person, or
organization directly or indirectly employed by any of them to perform or furnish any
of the Work or anyone for whose acts any of them may be liable, the indemnification
obligation under Paragraph 6.16A shall not be limited in any way by any limitation on
the amount or type of damages, compensation, or benefits payable by or for Contractor
or any such Subcontractor or other person or organization under workers’ or
workmen’ s compensation acts, disability benefit acts, or other employee benefit acts.
C. The obligations of Contractor under Paragraph 6.16A shall not extend to the liability
of Engineer, Engineer’ s Consultants, agents, or employees arising out of:
1. The preparation or approval of maps, drawings, opinions, reports, surveys,
Change Orders, designs, or specifications.
2. The giving of or the failure to give communications by Engineer, their agents,
or employees provided such giving or failure to give is the primary cause of
injury or damage.
D. If necessary for enforcement of any indemnification and hold harmless requirement
herein, or if applicable law requires the Contractor to obtain specified limits of
insurance to insure any indemnity obligation; then Contractor shall obtain such
applicable coverage with minimum limits not less than any specified in
Paragraph 5.02B herein, the cost to be recovered and included in the Contract Price,
and any indemnity attributable to the negligence of any indemnified party shall be
limited to such insurance.
ARTICLE 7 -OTHER WORK
7.01 RELATED WORK AT SITE:
A. Owner may perform other work related to the Project at the Site by Owner’ s own
forces, have other work performed by utility owners, or let other direct contracts
therefor which shall contain General Conditions similar to these. If the fact that such
00700-General Conditions 00700 -25
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
other work is to be performed was not noted in the Contract Documents, written notice
thereof will be given to Contractor prior to starting any such other work; and, if
Contractor believes that such performance will involve additional expense to
Contractor or requires additional time and the parties are unable to agree as to the extent
thereof, Contractor may make a claim therefor as provided in Articles 11 and 12.
B. Contractor shall afford each utility owner and other contractor who is a party to such a
direct contract (or Owner, if Owner is performing the additional work with Owner’s
employees) proper and safe access to the Site and a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such work,
and shall properly connect and coordinate the Work with theirs; Contractor shall do all
cutting, fitting, and patching of the Work that may be required to make its several parts
come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating, or otherwise altering their work
and will only cut or alter their work with the written consent of Engineer and the others
whose work will be affected.
C. If any part of Contractor’ s Work depends for proper execution or results upon the work
of any such other contractor or utility owner or Owner, Contractor shall inspect and
promptly report to Engineer in writing any delays, defects, or deficiencies in such work
that render it unavailable or unsuitable for such proper execution and
results. Contractor’ s failure so to report will constitute an acceptance of the other work
as fit and proper for integration with Contractor’ s Work except for latent or
nonapparent defects and deficiencies in the other work.
7.02 COORDINATION:
A. If Owner contracts with others for the performance of other work on the Project at the
Site, the person or organization who will have authority and responsibility for
coordination of the activities among the various prime contractors will be identified in
the General Requirements, and the specific matters to be covered by such authority and
responsibility will be itemized, and the extent of such authority and responsibilities
will be provided.
ARTICLE 8 -OWNER’S RESPONSIBILITIES
8.01 COMMUNICATIONS:
A. Owner shall issue all communications to Contractor through Engineer.
8.02 CHANGE OF ENGINEER :
A. In case of termination of the employment of Engineer, Owner shall appoint, subject to
the requirements of Section 00001 CERTIFICATIONS and Arkansas State Law an
engineer against whom Contractor makes no reasonable objection, whose status under
the Contract Documents shall be that of the former Engineer. Any dispute in
connection with such appointment shall be addressed as discussed in Article 16.
8.03 REQUIRED DATA:
A. Owner shall furnish the data required of Owner under the Contract Documents
promptly and shall make payments to Contractor promptly after they are due as
provided in Paragraphs 14.04A and 14.09A.
00700-General Conditions 00700 -26
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
8.04 LANDS AND EASEMENTS:
A. Owner’ s duties in respect of providing lands and easements and providing engineering
surveys to establish reference points are set forth in Paragraphs 4.01 and 4.04.
8.05 INSURANCE:
A. Owner’ s responsibilities in respect of purchasing and maintaining insurance are set
forth in Paragraph 5.02.
8.06 CHANGE ORDERS:
A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.01.
8.07 INSPECTIONS AND TESTS:
A. Owner’ s responsibility in respect of certain inspections, tests and approvals is set forth
in Paragraph 13.03B.
8.08 STOPPING THE WORK:
A. In connection with Owner’ s right to stop Work or suspend Work, see Paragraphs 13.06
and 15.02. Paragraph 15.02A deals with Owner’ s right to terminate services of
Contractor under certain circumstances.
8.09 LIMITATIONS ON OWNER’ S RESPONSIBILITIES:
A. Owner shall not supervise, direct, or have control or authority over, nor be responsible
for, Contractor’ s means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident thereto, or for any failure
of Contractor to comply with Laws and Regulations applicable to the performance of
the Work. Owner will not be responsible for Contractor’ s failure to perform the Work
in accordance with the Contract Documents.
ARTICLE 9 -ENGINEER’ S STATUS DURING CONSTRUCTION
9.01 OWNER’ S REPRESENTATIVE:
A. Engineer will be Owner’ s representative during the construction period. The duties
and responsibilities and the limitations of authority of Engineer as Owner’ s
representative during construction are set forth in the Contract Documents and shall
not be extended without written consent of Owner and Engineer.
B. Owner and Contractor are reminded of the requirements of Arkansas State Law §22-
9-101. Observation by registered professionals required.
9.02 VISITS TO SITE:
A. Engineer will make visits to the Site at intervals appropriate to the various stages of
construction to observe the progress and quality of the executed Work and to
determine, in general, if the Work is proceeding in accordance with the Contract
Documents. Engineer will not be required to make exhaustive or continuous on-Site
inspections to check the quality or quantity of the Work. Engineer’ s efforts will be
directed toward providing for Owner a greater degree of confidence that the completed
Work will conform to the Contract Documents. On the basis of such visits and on-Site
00700-General Conditions 00700 -27
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
observations as an experienced and qualified design professional, Engineer will keep
Owner informed of the progress of the Work and will endeavor to guard Owner against
defects and deficiencies in the Work.
9.03 PROJECT REPRESENTATION:
A. Engineer may furnish Resident Project Representative and assistants to assist Owner
and Engineer in observing the performance of the Work.
1. Communications pertaining to Submittals, written interpretations, and Change
Orders shall be directed to Engineer at his home office.
2. Communications pertaining to day-to-day operations at the Site shall be
directed to Resident Project Representative.
3. Resident Project Representative and his assistants will conduct observations
of the Work in progress to assist Engineer in determining that the Work is
proceeding in accordance with the Contract Documents.
4. Resident Project Representative will not have authority to permit any deviation
from the Contract Documents, except with concurrence of Owner and
Engineer.
9.04 CLARIFICATIONS AND INTERPRETATIONS:
A. Engineer will issue with reasonable promptness such written clarifications or
interpretations of the requirements of the Contract Documents (in the form of drawings
or otherwise) as Engineer may determine necessary, which shall be consistent with or
reasonably inferable from the overall intent of the Contract Documents. If Contractor
believes that a written clarification or interpretation justifies an increase in the Contract
Price or an extension of the Contract Times and the parties are unable to agree to the
amount or extent thereof, Contractor may make a claim therefor as provided in
Article 11 or Article 12.
9.05 AUTHORIZED VARIATIONS IN WORK:
A. Engineer may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the
Contract Times and are consistent with the overall intent of the Contract
Documents. These may be accomplished by a Field Order and will be binding on
Owner, and also on Contractor who shall perform the Work involved promptly.
9.06 REJECTING DEFECTIVE WORK:
A. Engineer will have authority to disapprove or reject Work which Engineer believes to
be defective, and will also have authority to require special inspection or testing of the
Work as provided in Paragraph 13.05B, whether or not the Work is fabricated,
installed, or completed.
B. Resident Project Representative will have authority, subject to final decision of
Engineer, to disapprove or reject any defective workmanship, Equipment, or Material.
9.07 SUBMITTALS, CHANGE ORDERS, AND PAYMENTS:
A. In connection with Engineer’ s responsibility for Submittals, see Paragraph 6.14.
B. In connection with Engineer’ s responsibilities as to Change Orders, see Articles 10,
11, and 12.
00700-General Conditions 00700 -28
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
C. In connection with Engineer’ s responsibilities in respect of Applications for Payment,
see Article 14.
9.08 DETERMINATIONS FOR UNIT PRICES:
A. Engineer will determine the actual quantities and classifications of Unit Price Work
performed by Contractor. Engineer will review with Contractor the Engineer’ s
preliminary determinations on such matters before rendering a written decision thereon
to the Owner. Engineer will provide approval by recommendation of an Application
for Payment to the Owner or return Application to Engineer for further review.
B. Engineer’ s written decisions thereon will be final and binding upon Owner and
Contractor, unless, within ten days after the date of any such decision, either Owner or
Contractor delivers to the other party to the Agreement and to Engineer written notice
of intention to appeal such a decision.
9.09 DECISIONS ON DISPUTES:
A. Engineer will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes, and other
matters relating to the acceptability of the Work or the interpretation of the
requirements of the Contract Documents pertaining to the performance and furnishing
of the Work and claims under Articles 11 and 12 in respect of changes in the Contract
Price or Contract Times will be referred initially to Engineer in writing with a request
for a formal decision in accordance with this Paragraph, which Engineer will render in
writing within a reasonable time. Written notice of each such claim, dispute, and other
matter will be delivered by the claimant to Engineer and the other party to the
Agreement promptly (but in no event later than 30 days) after the occurrence of the
event giving rise thereto, and written supporting data shall be delivered to Engineer
and the other party within 60 days after such occurrence unless Engineer allows an
additional period of time to ascertain more accurate data in support of the
claim. Owner may request written review by Engineer of claims, disputes, and other
matters relating to the acceptability of the Work or the interpretation of the
requirements of the Contract Documents.
B. When functioning as interpreter and judge under Paragraphs 9.08 and 9.09A, Engineer
will not show partiality to Owner or Contractor and Engineer will not be liable in
connection with any interpretation or decision rendered in good faith in such
capacity. The rendering of a decision by Engineer with respect to any such claim,
dispute, or other matter ( except any which have been waived by the making or
acceptance of final payment as provided in Paragraph 14.11) will be a condition
precedent to any exercise by Owner or Contractor of such rights or remedies as either
may otherwise have under the Contract Documents or by Laws or Regulations in
respect of any such claim, dispute, or other matter.
9.10 LIMITATIONS ON ENGINEER’ S RESPONSIBILITIES:
A. Neither Engineer’ s authority to act under this Article 9 or elsewhere in the Contract
Documents nor any decision made by Engineer in good faith either to exercise or not
exercise such authority shall give rise to any duty or responsibility of Engineer to
Contractor, any Subcontractor, any Supplier, or any other person or organization
performing any of the Work, or to any surety for any of them.
00700-General Conditions 00700 -29
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
B. Whenever in the Contract Documents the terms “ as directed”, “ as required”, “ as
allowed”, “ as approved”, or terms of like effect or import are used, or the adjectives
reasonable”, “suitable”, “acceptable”, “proper”, or “satisfactory” or adjectives of like
effect or import are used to describe a requirement, direction, review, or judgment of
Engineer as to the Work, it is intended that such requirement, direction, review or
judgment will be solely to evaluate the Work for compliance with the Contract
Documents (unless there is a specific statement indicating otherwise). The use of any
such term or adjective shall not be effective to assign to Engineer any duty or authority
to supervise or direct the furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provisions of Paragraphs 9.10C or
9.10D.
C. Engineer will not supervise, direct, control, or have authority over or be responsible
for Contractor’ s means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident thereto, or for any failure
of Contractor to comply with Laws and Regulations applicable to the performance of
the Work. Engineer will not be responsible for Contractor’ s failure to perform or
furnish the Work in accordance with the Contract Documents.
D. Engineer will not be responsible for the acts or omissions of Contractor or of any
Subcontractor, any Supplier, or of any other person or organization performing or
furnishing any of the Work.
E. The presence or absence of Engineer, or any of their representatives will not act to
relieve Contractor of any responsibility or of any guarantee of his
performance. Neither will observation by Engineer, or any of their representatives in
any way be understood to relieve Contractor of any responsibility for proper
supervision of the Work at all times.
F. Review by Engineer of the final Application for Payment and accompanying
documentation and all maintenance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and other documentation
required to be delivered by Paragraph 14.08A will only be to determine generally that
their content complies with the requirements of, and in the case of certificates of
inspections, tests, and approvals that the results certified indicate compliance with, the
Contract Documents.
G. The limitations upon authority and responsibility set forth in this Paragraph 9.10 shall
also apply to Engineer’ s Consultants, Resident Project Representative, and assistants.
ARTICLE 10 -CHANGES IN THE WORK
10.01 GENERAL:
A. Without invalidating the Agreement and without notice to any surety, Owner may, at
any time or from time to time, order additions, deletions, or revisions in the
Work; these will be authorized by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document, Contractor shall promptly
proceed with the Work involved which shall be performed under the applicable
conditions of the Contract Documents (except as otherwise specifically provided).
1. There shall be no changes without prior written approval of the Engineer of
Record and/or the City’s designated Professional Engineer.
00700-General Conditions 00700 -30
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
B. If Owner and Contractor are unable to agree as to the extent, if any, of an increase or
decrease in the Contract Price or an extension or a shortening of the Contract Times
that should be allowed as a result of a Work Change Directive, a claim may be made
therefore as provided in Article 11 or 12.
C. Contractor shall not be entitled to an increase in the Contract Price or an extension of
the Contract Times with respect to any Work performed that is not required by the
Contract Documents as amended, modified, and supplemented as provided in
Paragraphs 3.02A and 3.02C, except in the case of an emergency as provided in
Paragraph 6.13 and except in the case of uncovering Work as provided in
Paragraph 13.05B.
D. Owner and Contractor shall execute appropriate Change Orders ( or Written
Amendments) covering:
1. Changes in the Work which are ordered by Owner pursuant to
Paragraph 10.01A, are required because of acceptance of defective Work
under Paragraph 13.09 or correcting defective Work under Paragraph 13.10,
or are agreed to by the parties;
2. Changes in the Contract Price or Contract Times which are agreed to by the
parties; and
3. Changes in the Contract Price or Contract Times which embody the substance
of any written decision rendered by Engineer pursuant to Paragraph 9.09A,
provided that, in lieu of executing any such Change Order, an appeal may be
taken from any such decision in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but during any such appeal,
Contractor shall carry on the Work and adhere to the progress schedule as
provided in Paragraph 6.15.
E. If notice of any change affecting the general scope of the Work or the provisions of the
Contract Documents (including, but not limited to, Contract Price or Contract Times)
is required by the provisions of any Bond to be given to a surety, the giving of any such
notice will be Contractor’ s responsibility, and the amount of each applicable Bond will
be adjusted accordingly.
ARTICLE 11 -CHANGE OF CONTRACT PRICE
11.01 GENERAL:
A. The Contract Price constitutes the total compensation ( subject to authorized
adjustments) payable to Contractor for performing the Work. All duties,
responsibilities, and obligations assigned to or undertaken by Contractor shall be at his
expense without change in the Contract Price.
B. The Contract Price may only be changed by a Change Order or a Written
Amendment. Any claim for an increase or decrease in the Contract Price shall be based
on written notice delivered by the party making the claim to the other party and to
Engineer promptly (but in no event later than 30 days) after the occurrence of the event
giving rise to the claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered within 60 days after such
occurrence ( unless Engineer allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accompanied by claimant’ s written
statement that the amount claimed covers all known amounts ( direct, indirect, and
consequential) to which the claimant is entitled as a result of the occurrence of said
00700-General Conditions 00700 -31
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
event. All claims for adjustment in the Contract Price shall be determined by Engineer
in accordance with Paragraph 9.09A if Owner and Contractor cannot otherwise agree
on the amount involved. No claim for an adjustment in the Contract Price will be valid
if not submitted in accordance with this Paragraph 11.01B.
C. The value of any Work covered by a Change Order or of any claim for an increase or
decrease in the Contract Price shall be determined in one of the following ways:
1. Where the Work involved is covered by Unit Prices contained in the Contract
Documents, by application of Unit Prices to the quantities of the items
involved ( subject to the provisions of Paragraphs 11.05A through 11.05C,
inclusive).
2. By mutual acceptance of a lump sum ( which may include an allowance for
overhead and profit not necessarily in accordance with Paragraph 11.03A.2.a.
3. On the basis of the Cost of the Work ( determined as provided in
Paragraphs 11.02A and 11.02B) plus a Contractor’ s Fee for overhead and
profit (determined as provided in Paragraphs 11.03A and 11.03B).
11.02 COST OF THE WORK:
A. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
Contractor in the proper performance of the Work. Except as otherwise may be agreed
to in writing by Owner, such costs shall be in amounts no higher than those prevailing
in the locality of the Project, shall include only the following items and shall not
include any of the costs itemized in Paragraph 11.02B.
1. Payroll costs for employees in the direct employ of Contractor in the
performance of the Work under schedules of job classifications agreed upon
by Owner and Contractor. Payroll costs for employees not employed full time
on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers’ or
workmen’ s compensation, health and retirement benefits, bonuses, sick leave,
vacation, and holiday pay applicable thereto. Such employees shall include
superintendents and foremen at the Site. The expenses of performing Work
after regular working hours, on Saturday, Sunday, or legal holidays, shall be
included in the above to the extent authorized by Owner.
2. Cost of all Equipment and Materials furnished and incorporated in the Work,
including costs of transportation and storage thereof, and Suppliers’ field
services required in connection therewith. All cash discounts shall accrue to
Contractor unless Owner deposits funds with Contractor with which to make
payments, in which case the cash discounts shall accrue to Owner. All trade
discounts, rebates and refunds, and all returns from sale of surplus materials
and equipment shall accrue to Owner, and Contractor shall make provisions so
that they may be obtained.
3. Payments made by Contractor to the Subcontractors for Work performed by
Subcontractors. If required by Owner, Contractor shall obtain competitive
bids from Subcontractors acceptable to Contractor and shall deliver such bids
to Owner who will then determine, with the advice of Engineer, which bids
will be accepted. If a subcontract provides that the Subcontractor is to be paid
on the basis of Cost of the Work Plus a Fee, the Subcontractor’ s Cost of the
00700-General Conditions 00700 -32
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
4.
5.
Work shall be determined in the same manner as Contractor’ s Cost of the
Work. All subcontracts shall be subject to the other provisions of the Contract
Documents insofar as applicable.
Costs of special consultants (including but not limited to engineers, architects,
testing laboratories, surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence
expenses of Contractor’ s employees incurred in discharge of duties
connected with the Work.
b. Costs, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the
Site, and hand tools not owned by the workers, which are consumed in the
performance of the Work, and cost less market value of such items used
but not consumed which remain the property of Contractor.
c. Rentals of all construction equipment and machinery and the parts thereof
whether rented from Contractor or others in accordance with rental
agreements approved by Owner with the advice of Engineer, and the costs
of transportation, loading, unloading, installation, dismantling, and
removal thereof -all in accordance with terms of said rental
agreements. The rental of any such equipment, machinery, or parts shall
cease when the use thereof is no longer necessary for the Work.
d. Sales, consumer, use, or similar taxes related to the Work, and for which
Contractor is liable, imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any
Subcontractor, or anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable, and royalty payments and
fees for permits and licenses.
f. Losses and damages not compensated by insurance or otherwise, to the
Work or otherwise sustained by Contractor in connection with the
performance and furnishing of the Work provided they have resulted from
causes other than the negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts
any of them may be liable; shall include settlements made with the written
consent and approval of Owner. No such losses, damages, and expenses
shall be included in the cost of the Work for the purpose of determining
Contractor’ s fee. If, however, any such loss or damage requires
reconstruction and Contractor is placed in charge thereof, Contractor shall
be paid for services a fee proportionate to that stated in
Paragraph 11.03A.2.
g. The cost of utilities, fuel, and sanitary facilities at the Site.
h. Minor expenses such as telegrams, long distance telephone calls,
telephone service at the Site, expressage, and similar petty cash items in
connection with the Work.
i. Cost of premiums for additional Bonds and insurance required because of
changes in the Work and premiums for property insurance coverage within
the limits of the deductible amounts established by Owner in accordance
with Paragraph 5.02D.4.
00700-General Conditions 00700 -33
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
B. The term Cost of the Work shall not include any of the following:
1. Payroll costs and other compensation of Contractor’ s officers, executives,
principals ( of partnerships and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors, accountants, purchasing
and contracting agents, expediters, timekeepers, clerks, and other personnel
employed by Contractor whether at the Site or in Contractor’ s principal or a
branch office for general administration of the Work and not specifically
included in the agreed upon schedule of job classifications referred to in
Paragraph 11.02A.1 or specifically covered by Paragraph 11.02A.4, all of
which are to be considered administrative costs covered by the Contractor’ s
fee.
2. Expenses of Contractor’ s principal and branch offices other than Contractor’ s
office at the Site.
3. Any part of Contractor’ s capital expenses, including interest on Contractor’ s
capital employed for the Work, and charges against Contractor for delinquent
payments.
4. Cost of premiums for all Bonds and for all insurance whether or not Contractor
is required by the Contract Documents to purchase and maintain the same
except for the cost of premiums covered by subparagraph 11.02A.5.i above).
5. Costs due to the negligence of Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or for whose acts any of them
may be liable, including but not limited to, the correction of defective Work,
disposal of materials or equipment wrongly supplied, and making good any
damage to property.
6. Other overhead or general expense costs of any kind and the costs of any item
not specifically and expressly included in Paragraph 11.02A.
11.03 CONTRACTOR’ S FEE:
A. The Contractor’ s Fee allowed to Contractor for overhead and profit shall be determined
as follows:
1. A mutually acceptable fixed fee; or if none can be agreed upon,
2. A fee based on the following percentages of the various portions of the Cost
of the Work:
a. For costs incurred under Paragraphs 11.02A.1 and 11.02A.2, the
Contractor’ s Fee shall be 10%(negotiable with Owner);
b. For costs incurred under Paragraph 11.02A.3, the Contractor’ s Fee shall
be 5%; and if a subcontract is on the basis of Cost of the Work Plus a Fee,
the maximum allowable to Contractor on account of overhead and profit
of all Subcontractors shall be 10%(negotiable with Owner);
c. Where one or more tiers of subcontracts are on the basis of the Cost of the
Work Plus a Fee and no fixed fee is agreed upon, the intent of
Paragraphs 11.03A and 11.02A.1 through A.3 is that the Subcontractor
who actually performs or furnishes the Work, at whatever tier, will be paid
a fee of ten percent ( 10%) of the costs incurred by such Subcontractor
under Paragraphs 11.02A.1 and 11.02A.2 and that any higher tier
Subcontractor and Contractor will each be paid a fee of five percent (5%)
of the amount paid to the next lower tier Subcontractor.
d. No fee shall be payable on the basis of costs itemized under
Paragraph 11.02A.4, 11.02A.5 and 11.02B;
00700-General Conditions 00700 -34
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
e. The amount of credit to be allowed by Contractor to Owner for any such
change which results in a net decrease in cost will be the amount of the
actual net decrease plus a deduction in Contractor’ s Fee by an amount
equal to 10% of the net decrease; and
f. When both additions and credits are involved in any one change, the
adjustment in Contractor’ s Fee shall be computed on the basis of the net
change in accordance with Paragraphs 11.03A.2.a through 11.03A.2.d,
inclusive.
B. Whenever the cost of any Work is to be determined pursuant to Paragraph 11.02A or
11.02B, Contractor will submit in form acceptable to Engineer an itemized cost
breakdown together with supporting data.
11.04 CASH ALLOWANCES:
A. Not applicable.
11.05 UNIT PRICE WORK:
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price
Work, initially the Contract Price will be deemed to include for all Unit Price Work an
amount equal to the sum of the established Unit Prices for each separately identified
item of Unit Price Work times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price Work are not guaranteed
and are solely for the purpose of comparison of Bids and determining an initial
Contract Price. Determinations of the actual quantities and classifications of Unit Price
Work performed by Contractor will be made by Engineer in accordance with
Paragraph 9.08.
B. Each Unit Price will be deemed to include an amount considered by Contractor to be
adequate to cover Contractor’ s overhead and profit for each separately identified item.
C. Where the quantity of any item of Unit Price Work performed by Contractor exceeds
the estimated quantity of such item indicated in the Agreement by twenty-five percent
or more and there is no corresponding adjustment with respect to any other item of
Work and if Contractor believes that Contractor has incurred additional expense as a
result thereof, Contractor may make a claim for an increase in the Contract Price in
accordance with Article 11 if the parties are unable to agree as to the amount of any
such increase.
11.06 RIGHT OF AUDIT:
A. Owner shall have the right to inspect and audit all of Contractor’ s books, records,
correspondence, instructions, drawings, receipts, payment records, vouchers, and
memoranda relating to the Work, and Contractor shall preserve all such records and
supporting documentation for a period of three years after date of Final Payment.
Contractor hereby grants to Owner the authority to enter Contractor’ s premises for the
purpose of inspection of such records and supporting documentation or, at Contractor’ s
option, Contractor may make such records and supporting documentation available to
Owner at a location satisfactory to Owner.
B. All of the records and supporting documentation shall be open to inspection and subject
to audit and reproduction by Owner or its authorized representative for any and all
purposes, including but not limited to (i)compliance with the Contract Documents;
00700-General Conditions 00700 -35
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
ii) proper pricing of Change Orders; and ( iii) claims submitted by or against
Contractor or any Subcontractor or Supplier in connection with any performance under
the Contract Documents.
ARTICLE 12 -CHANGE OF CONTRACT TIMES
12.01 GENERAL:
A. The Contract Times may only be changed by a Change Order or a Written
Amendment. Contractor, in undertaking to complete the Work within the Contract
Times, shall take into consideration and make allowances for all of the ordinary delays
and hindrances incident to such Work, whether growing out of delays in securing
equipment or materials or workmen or otherwise.
B. Adjustments to the Contract Times will be made for delays in completion of the Work
from causes beyond Contractor’ s control, including the following:
1. Federal embargoes, priority orders, or other restrictions imposed by the United
States Government.
2. Unusual delay in fabrication or shipment of Equipment or Materials required
in the Work, whether ordered by Contractor or furnished by Owner or others
under separate contract.
3. Strikes and other labor disputes.
4. Delays caused by court proceedings.
5. Change Orders.
6. Neglect, delay, or default of any other contractor employed by Owner.
7. Unusual construction delays resulting from weather conditions abnormal to
the geographical area and to the season of the year such as above normal
continuous days of precipitation, above normal amount of precipitation within
a 24 hour period, or above normal days of extreme cold or hot temperature
conditions affecting installation / application due to manufacturers or
specifications limitations. These conditions will not be cause for extensions
of time if abnormal weather conditions do not affect the stage of
construction. All claims for extension of time due to abnormal weather
conditions must be substantiated with evidence from a weather bureau or other
authoritative source. Weather conditions normal to the geographical area and
to the season of the year shall be taken into consideration in the Bid. Normal
conditions shall be defined as the average number of days, amounts, or both
over a 5-year period averaged per season.
8. Conflicts, errors or discrepancies in the Contract Documents reported to
Engineer as provided in these General Conditions.
9. Any failure or delay by Contractor in supplying equipment, materials, work,
or services that are Year 2000 compliant or failure or delay by Contractor’ s
Subcontractors or Suppliers in providing equipment, materials, work, or
services as a result of Subcontractors’ or Suppliers’ lack of Year 2000
compliance in their own operations, systems, or processes used to provide or
deliver equipment, material, work, or services shall not be considered to be
caused by events beyond Contractor’ s control. Such Year 2000 compliance
problems shall not constitute a basis for delay in completion of the Work,
adjustment to the Contract Times, or an excuse for Contract nonperformance.
00700-General Conditions 00700 -36
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
C. Owner shall award extensions of the Contract Times on account of such causes of
delay, provided that adequate evidence is presented to enable Engineer to determine
with exactness the extent and duration of delay for each item involved.
D. No extension to the Contract Times will be granted for delays involving only portions
of the Work, or which do not directly affect the time required for completion of the
entire Work.
E. Any claim for an extension to the Contract Times shall be delivered in writing to Owner
and Engineer within ten days of the occurrence of the event giving rise to the claim. All
claims for adjustment to the Contract Times will be determined by Engineer if Owner
and Contractor cannot otherwise agree. Any change to the Contract Times resulting
from any such claim will be incorporated in a Change Order or a Written Amendment.
F. All time limits stated in the Contract Documents are of the essence of the
Agreement. The provisions of this Article 12 shall not exclude recovery for damages
including but not limited to fees and charges of engineers, architects, attorneys and
other professionals, and court and arbitration costs) for delay by either party.
ARTICLE 13 -WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;
CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE
WORK
13.01 WARRANTY AND GUARANTEE:
A. Contractor warrants and guarantees to Owner and Engineer that all Work will be in
accordance with the Contract Documents and will not be defective. Prompt notice of
all defects shall be given to Contractor. All defective Work, whether or not in place,
may be rejected, corrected or accepted as provided in this Article 13.
B. No provision in the Contract Documents nor any specified guarantee time limit shall
be held to limit Contractor’ s liability for defects to less than the legal limit of liability
in accordance with the Law.
C. All Equipment and Materials furnished by Contractor for the Work shall carry a written
guarantee from the manufacturer or Supplier of such items when called for in the
Specifications. Written guarantees shall be submitted to Engineer with other
Submittals. Engineer will transmit such guarantees to Owner for review.
13.02 ACCESS TO THE WORK:
A. Engineer and Engineer’ s representatives, other representatives of Owner, testing
agencies, and governmental agencies with jurisdictional interests will have access to
the Work at reasonable times for their observation, inspecting, and testing. Contractor
shall provide proper and safe conditions for such access.
13.03 TESTS AND INSPECTIONS:
A. Contractor shall give Engineer timely notice of readiness of the Work for all required
inspections, tests, or approvals and shall cooperate with inspection and testing
personnel.
00700-General Conditions 00700 -37
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
B. Owner shall employ and pay for the services of an independent testing laboratory to
perform all inspections, tests, or approvals required by the Contract Documents except:
1. for inspections, tests, or approvals covered by Paragraphs 13.03C and 13.03D
below;
2. that costs incurred in connections with tests or inspections conducted pursuant
to Paragraph 13.05B shall be paid as provided in said Paragraph 13.05B; and
3. as otherwise specifically provided in the Contract Documents.
C. If Laws or Regulations of any public body having jurisdiction require any Work (or
part thereof) to specifically be inspected, tested, or approved, Contractor shall assume
full responsibility therefor, pay all costs in connection therewith, and furnish Engineer
the required certificates of inspection, testing, or approval.
D. Contractor shall also be responsible for and shall pay all costs in connection with any
inspection or testing required in connection with Owner’ s or Engineer’ s acceptance of
a Supplier of Materials or Equipment proposed to be incorporated in the Work, or of
Materials or Equipment submitted for approval prior to Contractor’ s purchase thereof
for incorporation in the Work.
E. All inspections, tests, or approvals other than those required by Laws or Regulations
of any public body having jurisdiction shall be performed by organizations acceptable
to Owner and Contractor (or by Engineer if so specified).
F. If any Work (including the work of others) that is to be inspected, tested, or approved
is covered without written concurrence of Engineer, it must, if requested by Engineer,
be uncovered for observation. Such uncovering shall be at Contractor’ s expense unless
Contractor has given Engineer timely notice of Contractor’ s intention to cover the same
and Engineer has not acted with reasonable promptness in response to such notice.
G. Neither observations by Engineer nor inspections, tests, or approvals by others shall
relieve Contractor from Contractor’ s obligations to perform the Work in accordance
with the Contract Documents.
13.04 DEFECTIVE WORK:
A. The term “ defective” is used in these documents to describe Work that is
unsatisfactory, faulty, not in conformance with the requirements of the Contract
Documents, or not meeting the requirements of any inspection, test, approval, or
acceptance required by Law or the Contract Documents.
B. Any defective Work may be disapproved or rejected by Engineer at any time before
final acceptance even though it may have been overlooked and included in a previous
Application for Payment.
C. Prompt notice will be given by Engineer to Contractor of defects as they become
evident.
13.05 UNCOVERING WORK:
A. If any Work is covered contrary to the written request of Engineer, it shall, if requested
by Engineer, be uncovered for Engineer’ s observation and replaced at Contractor’ s
expense.
B. If Engineer considers it necessary or advisable that covered Work be observed by
Engineer or inspected or tested by others, Contractor, at Engineer’ s request, shall
uncover, expose, or otherwise make available for observation, inspection, or testing as
00700-General Conditions 00700 -38
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
Engineer may require, that portion of the Work in question, furnishing all necessary
labor, material, and equipment. If it is found that such Work is defective, Contractor
shall bear all direct, indirect, and consequential costs of such uncovering, exposure,
observation, inspection, and testing and of satisfactory reconstruction, (including but
not limited to fees and charges of engineers, architects, attorneys, and other
professionals); and Owner shall be entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the amount thereof, may make a claim
therefor as provided in Article 11. If,however, such Work is not found to be defective,
Contractor shall be allowed an increase in the Contract Price or an extension of the
Contract Times, or both, directly attributable to such uncovering, exposure,
observation, inspection, testing, and reconstruction; and, if the parties are unable to
agree as to the amount or extent thereof, Contractor may make a claim therefor as
provided in Articles 11 and 12.
13.06 OWNER MAY STOP THE WORK:
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or
suitable materials or equipment, or fails to furnish or perform the Work in such a way
that the completed Work will conform to the Contract Documents, Owner may order
Contractor to stop the Work, or any portion thereof, until the cause for such order has
been eliminated; however, this right of Owner to stop the Work shall not give rise to
any duty on the part of Owner to exercise this right for the benefit of Contractor or any
other party.
13.07 CORRECTION OR REMOVAL OF DEFECTIVE WORK:
A. If required by Engineer, Contractor shall promptly, as directed, either correct all
defective Work, whether or not fabricated, installed or completed, or, if the Work has
been rejected by Engineer, remove it from the Site and replace it with nondefective
Work. Contractor shall bear all direct, indirect, and consequential costs of such
correction or removal ( including but not limited to fees and charges of engineers,
architects, attorneys, and other professionals) made necessary thereby.
13.08 TWO-YEAR WARRANTY AND CORRECTION PERIOD:
A. Before final acceptance of the project, the contractor shall provide a maintenance bond
in accordance with section 158.03 of the City of Fayetteville Unified Development
Code. The bond shall be in the amount of 25% of the total contract price for a period
of two years from the date of Substantial Completion. If within two years after the
Date of Substantial Completion or such longer period of time as may be prescribed by
Laws or Regulations or by the terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of the Contract Documents, any
Work is found to be defective, Contractor shall promptly, without cost to Owner and
in accordance with Owner’s written instructions, either correct such defective Work,
or, if it has been rejected by Owner, remove it from the Site and replace it with
nondefective Work. If Contractor does not promptly comply with the terms of such
instructions, or in an emergency where delay would cause serious risk of loss or
damage, Owner may have the defective Work corrected or the rejected Work removed
and replaced, and all direct, indirect, and consequential costs of such removal and
replacement ( including but not limited to fees and charges of engineers, architects,
attorneys, and other professionals) will be paid by Contractor. In special circumstances
00700-General Conditions 00700 -39
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
where a particular item of Equipment is placed in continuous service before Substantial
Completion of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Specifications or by Written Amendment.
13.09 ACCEPTANCE OF DEFECTIVE WORK:
A. If, instead of requiring correction or removal and replacement of defective Work,
Owner and, prior to Engineer’ s recommendation of final payment, also Engineer
prefers to accept it, Owner may do so. Contractor shall bear all direct, indirect, and
consequential costs attributable to Owner’ s evaluation of and determination to accept
such defective Work (such costs to be approved by Engineer as to reasonableness and
to include but not be limited to fees and charges of engineers, architects, attorneys, and
other professionals). If any such acceptance occurs prior to Engineer’ s
recommendation of final payment, a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, Owner may make a claim therefor as provided
in Article 11. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by Contractor to Owner.
13.10 OWNER MAY CORRECT DEFECTIVE WORK:
A. If Contractor fails within a reasonable time after written notice of Engineer to proceed
to correct and to correct defective Work or to remove and replace rejected Work as
required by Engineer in accordance with Paragraph 13.07, or if Contractor fails to
perform the Work in accordance with the Contract Documents, or if Contractor fails to
comply with any other provision of the Contract Documents, Owner may, after seven
days’ written notice to Contractor, correct and remedy any such deficiency. In
exercising the rights and remedies under this Paragraph, Owner shall proceed
expeditiously.
B. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from all or part of the Site, take possession of all or part of the
Work, and suspend Contractor’ s services related thereto, take possession of
Contractor’ s tools, appliances, construction equipment, and machinery at the Site and
incorporate in the Work all Equipment and Materials stored at the Site or for which
Owner has paid Contractor but which are stored elsewhere.
C. Contractor shall allow Owner, Owner’ s representatives, agents, and employees such
access to the Site as may be necessary to enable Owner to exercise the rights and
remedies under this Paragraph.
D. All direct, indirect, and consequential costs of Owner in exercising such rights and
remedies will be charged against Contractor in an amount approved as to
reasonableness by Engineer,, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, Owner may make a claim therefor as provided
in Article 11. Such direct, indirect, and consequential costs will include but not be
limited to fees and charges of engineers, architects, attorneys and other professionals,
all court and arbitration costs, and all costs of repair and replacement of work of others
destroyed or damaged by correction, removal, or replacement of Contractor’ s defective
Work.
00700-General Conditions 00700 -40
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
E. Contractor shall not be allowed an extension of the Contract Times because of any
delay in performance of the Work attributable to the exercise by Owner of Owner’ s
rights and remedies hereunder.
ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 SCHEDULE OF VALUES:
A. The schedule of values established will serve as the basis for progress payments and
will be incorporated into a form of Application for Payment acceptable to
Engineer. Progress payments on account of Unit Price Work will be based on the
number of units completed.
14.02 APPLICATION FOR PROGRESS PAYMENT:
A. Not later than the 15th day of each month, or on the next business day thereafter, (but
not more often than once a month), Contractor shall submit to Engineer for review an
Application for Payment filled out and signed by Contractor covering the Work
completed as of the date of the Application and accompanied by such supporting
documentation as is required by the Contract Documents.
B. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that all previous progress payments received on account
of the Work have been applied on account to discharge Contractor’ s legitimate
obligations associated with prior Applications for Payment.
C. If payment is requested on the basis of Equipment and Materials not incorporated in
the Work but delivered and suitably stored at the Site or at another location agreed to
in writing, the Application for Payment shall also be accompanied by a bill of sale,
invoice, or other documentation warranting that Owner has received the Equipment
and Materials free and clear of all liens, charges, security interests, and encumbrances
which are hereinafter in these General Conditions referred to as “ Liens”) and evidence
that the Equipment and Materials are covered by appropriate property insurance and
other arrangements to protect Owner’ s interest therein, all of which will be satisfactory
to Owner.
D. The amount of retainage with respect to progress payments will be as stipulated in
Paragraph 14.04G.
14.03 CONTRACTOR’ S WARRANTY OF TITLE:
A. Contractor warrants and guarantees that title to all Work, Materials, and Equipment
covered by any Application for Payment, whether incorporated in the Project or not,
will pass to Owner no later than the time of payment free and clear of all Liens.
14.04 REVIEW OF APPLICATION FOR PROGRESS PAYMENT:
A. Engineer will, within seven days after receipt of each Application For Payment, either
indicate in writing a recommendation of payment and present the Application to Owner
subject to the provisions of the last sentence of Paragraph 14.04D), or return the
Application to Contractor indicating in writing Engineer’ s reasons for refusing to
recommend payment. In the latter case, Contractor may make the necessary
corrections and resubmit the Application. After the required internal reviews and
processing by the Owner, the Owner will diligently proceed to make payment to the
00700-General Conditions 00700 -41
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
Contractor, in accordance with the approved payment request, within 30 days. All
efforts will be made to make payments within the 30 day period, but the Owner cannot
guarantee the 30 days maximum time.
B. Engineer’ s recommendation of any payment requested in an Application for Payment
will constitute a representation by Engineer to Owner, based on Engineer’ s on-Site
observations of the Work in progress as experienced and qualified design professionals
and on Engineer’ s review of the Application for Payment and the accompanying data
and schedules that the Work has progressed to the point indicated; that, to the best of
Engineer’ s knowledge, information, and belief, the quality of the Work is in
accordance with the Contract Documents (subject to an evaluation of the Work as a
functioning whole prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents, to a final determination of
quantities and classifications for Unit Price Work under Paragraph 9.08, and to any
other qualifications stated in the recommendation); and that Contractor is entitled to
payment of the amount recommended. However, by recommending any such
payment, Engineer will not thereby be deemed to have represented that exhaustive or
continuous on-Site inspections have been made to check the quality or the quantity of
the Work beyond the responsibilities specifically assigned to Engineer in the Contract
Documents, or that there may not be other matters or issues between the parties that
might entitle Contractor to be paid additionally by Owner or Owner to withhold
payment to Contractor.
C. Engineer’ s recommendation of final payment will constitute an additional
representation by Engineer to Owner that the conditions precedent to Contractor’ s
being entitled to final payment as set forth in Paragraph 14.09 have been fulfilled.
D. Engineer may refuse to recommend the whole or any part of any payment if, in
Engineer’ s opinion, it would be incorrect to make such representations to
Owner. Engineer may also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of subsequent inspections or tests,
nullify any such payment previously recommended, to such extent as may be necessary
in Engineer’ s opinion to protect Owner from loss because:
1. The Work is defective, or completed Work has been damaged requiring
correction or replacement.
2. Written claims have been made against Owner or Liens have been filed in
connection with the Work.
3. The Contract Price has been reduced by Written Amendment or Change Order
4. Owner has been required to correct defective Work or complete Work in
accordance with Paragraph 13.10,
5. Of Engineer’ s ’ actual knowledge of the occurrence of any of the events
enumerated in Paragraph 15.02B.
6. Of Contractor’ s unsatisfactory prosecution of the Work in accordance with the
Contract Documents.
7. Contractor’ s failure to make payment to Subcontractors, or for labor,
Materials, or Equipment, or
8. Engineer shall not certify payments requesting more than eighty (80) percent
of the Contract amount until such time as all operation, maintenance, repair,
and replacement manuals, and product data has been furnished by the
Contractor to the Owner.
00700-General Conditions 00700 -42
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
E. Owner may refuse to make payment of the full amount recommended by Engineer
because claims have been made against Owner on account of Contractor’ s performance
of furnishing of the Work, or Liens have been filed in connection with the Work, or
there are other items entitling Owner to a set-off against the amount recommended, but
Owner must give Contractor immediate written notice (with a copy to Engineer) stating
the reasons for such action.
F. When all grounds for withholding payment are removed, payment will be made in the
amounts withheld because of them.
G. Progress payments will be in the amount of 95% of the amount of the Work completed
and 100% of Equipment and Materials suitably stored and documented as indicated on
the Application for Payment less the sum of all previous payments. The owner may
forego withholding retainage of the progress payments if the construction contract is
fifty-percent (50%) complete and the contractor has provided the work in a satisfactory
manner.
14.05 SUBSTANTIAL COMPLETION:
A. When Contractor considers the entire Work ready for its intended use, Contractor shall
notify Owner and Engineer in writing that the entire Work is substantially complete
except for items specifically listed by Contractor as incomplete) and request that
Engineer issue a certificate of Substantial Completion.
B. Within a reasonable time thereafter, Contractor, and Engineer shall make an inspection
of the Work to determine the status of completion. If Engineer does not consider the
Work substantially complete, Engineer will notify Contractor in writing giving his
reasons therefor. If Engineer considers the Work substantially complete, Engineer will
prepare and deliver to Owner a tentative certificate of Substantial Completion which
will fix the Date of Substantial Completion. There shall be attached to the certificate
a tentative list of items to be completed or corrected before final payment.
C. Owner shall have seven days after receipt of the tentative certificate during which to
make written objection to Engineer as to any provisions of the certificate or attached
list. If, after considering such objections, Engineer concludes that the Work is not
substantially complete, Engineer will within fourteen days after submission of the
tentative certificate to Owner notify Contractor in writing, stating the reasons
therefor. If, after consideration of Owner’ s objections, Engineer considers the Work
substantially complete, Engineer will within said fourteen days execute and deliver to
Owner and Contractor a definitive certificate of Substantial Completion (with a revised
tentative list of items to be completed or corrected) reflecting such changes from the
tentative certificate as Engineer believes justified after consideration of any objections
from Owner.
D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer
will deliver to Owner and Contractor a written recommendation as to division of
responsibilities pending final payment between Owner and Contractor with respect to
security, operation, safety, maintenance, heat, utilities, insurance, and warranties.
E. Unless Owner and Contractor agree otherwise in writing and so inform Engineer prior
to Engineer’ s issuing the definitive certificate of Substantial Completion, Engineer’ s
aforesaid recommendation will be binding on Owner and Contractor until final
payment.
00700-General Conditions 00700 -43
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
F. Owner shall have the right to exclude Contractor from the Work after the Date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative list.
14.06 PARTIAL UTILIZATION:
A. Use by Owner of any finished part of the Work, which has specifically been identified
in the Contract Documents, or which Owner, Engineer, and Contractor agree
constitutes a separately functioning and useable part of the Work that can be used by
Owner without significant interference with Contractor’ s performance of the
remainder of the Work, may be accomplished prior to Substantial Completion of all
the Work subject to the following:
1. Owner at any time may request Contractor in writing to permit Owner to use
any such part of the Work which Owner believes to be ready for its intended
use and substantially complete. If Contractor agrees, Contractor will certify
to Owner and Engineer that said part of the Work is substantially complete and
request Engineer to issue a certificate of Substantial Completion for that part
of the Work. Contractor at any time may notify Owner and Engineer in writing
that Contractor considers any such part of the Work ready for its intended use
and substantially complete and request Engineer to issue a certificate of
Substantial Completion for that part of the Work. Within a reasonable time
after either such request, Owner, Contractor, and Engineer shall make an
inspection of that part of the Work to determine its status of completion. If
Engineer does not consider that part of the Work to be substantially complete,
Engineer will notify Owner and Contractor in writing giving the reasons
therefor. If Engineer considers that part of the Work to be substantially
complete, the provisions of Paragraph 14.05 will apply with respect to
certification of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access thereto.
2. Owner may at any time request Contractor in writing to permit Owner to take
over operation of any such part of the Work although it is not substantially
complete. A copy of such request will be sent to Engineer and within a
reasonable time thereafter, Owner, Contractor, and Engineer shall make an
inspection of that part of the Work to determine its status of completion and
will prepare a list of the items remaining to be completed or corrected thereon
before final payment. If Contractor does not object in writing to Owner and
Engineer that such part of the Work is not ready for separate operation by
Owner, Engineer will finalize the list of items to be completed or corrected
and will deliver such list to Owner and Contractor together with a written
recommendation as to the division of responsibilities pending final payment
between Owner and Contractor with respect to security, operation, safety,
maintenance, utilities, insurance, warranties, and guarantees for that part of the
Work, which will become binding upon Owner and Contractor at the time
when Owner takes over such operation ( unless they shall have otherwise
agreed in writing and so informed Engineer). During such operation and prior
to Substantial Completion of such part of the Work, Owner shall allow
Contractor reasonable access to complete or correct items on said list and to
complete other related Work.
00700-General Conditions 00700 -44
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
3. No occupancy or separate operation of part of the Work will be accomplished
prior to compliance with the requirements of Paragraph 5.02I in respect of
property insurance.
14.07 FINAL INSPECTION:
A. Upon written notice from Contractor that the Work or an agreed portion thereof is
complete, Engineer will make a final inspection with Owner, Engineer, and Contractor
and will notify Contractor in writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. Contractor shall immediately take such
measures as are necessary to remedy such deficiencies.
14.08 FINAL APPLICATION FOR PAYMENT:
A. After Contractor has completed all such corrections to the satisfaction of Engineer and
delivered all maintenance and operating instructions, schedules, guarantees, Bonds,
certificates of inspection, marked-up record documents, and other documents -all as
required by the Contract Documents, and after Engineer has indicated that the Work is
acceptable ( subject to the provisions of Paragraph 14.11), Contractor may make
application for final payment following the procedure for progress payments.
B. The final Application for Payment shall be accompanied by all documentation called
for in the Contract Documents, together with complete and legally effective releases
or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with
the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts
or releases in full; an affidavit of Contractor that the releases and receipts include all
labor, services, Material, and Equipment for which a Lien could be filed, and that all
payrolls, Equipment and Material bills, and other indebtedness connected with the
Work for which Owner or Owner’ s property might in any way be responsible, have
been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If
any Subcontractor or Supplier fails to furnish a release or receipt in full, Contractor
may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner
against any Lien.
14.09 FINAL PAYMENT AND ACCEPTANCE:
A. If, on the basis of Engineer’ s observation of the Work during construction and final
inspection, and Engineer’ s review of the final Application for Payment and
accompanying documentation --all as required by the Contract Documents, Engineer
is satisfied that the Work has been completed and Contractor’ s other obligations under
the Contract Documents have been fulfilled, Engineer will, within fourteen days after
receipt of the final Application for Payment, indicate in writing Engineer’ s
recommendation of payment and present the Application to Owner for
payment. Thereupon, Engineer will give written notice to Owner and Contractor that
the Work is acceptable ( subject to the provisions of Paragraph 14.11). Otherwise,
Engineer will return the Application to Contractor, indicating in writing the reasons for
refusing to recommend final payment, in which case Contractor shall make the
necessary corrections and resubmit the Application. Thirty days after presentation to
Owner of the Application and accompanying documentation, in appropriate form and
substance, and with Engineer’ s recommendation and notice of acceptability, the
amount recommended by Engineer will become due and will be paid by Owner to
Contractor.
00700-General Conditions 00700 -45
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
B. If,through no fault of Contractor, final completion of the Work is significantly delayed
and if Engineer so confirms, Owner shall, upon receipt of Contractor’ s final
Application for Payment and recommendation of Engineer, and without terminating
the Agreement, make payment of the balance due for that portion of the Work fully
completed and accepted. The written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be
submitted by Contractor to Engineer with the Application for such payment. Such
payment shall be made under the terms and conditions governing final payment, except
that it shall not constitute a waiver of claims.
C. The Final Pay Estimate will include all sums remaining to be paid.
14.10 CONTRACTOR’ S CONTINUING OBLIGATION:
A. Contractor’ s obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or
final payment by Engineer, nor the issuance of a certificate of Substantial Completion,
nor any payment by Owner to Contractor under the Contract Documents, nor any use
or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by
Owner nor any failure to do so, nor any review and approval of a Submittal, nor the
issuance of a notice of acceptability by Engineer pursuant to Paragraph 14.09, nor any
correction of defective Work by Owner will constitute an acceptance of Work not in
accordance with the Contract Documents or a release of Contractor’ s obligation to
perform the Work in accordance with the Contract Docum ents (except as provided in
Paragraph 14.11).
14.11 WAIVER OF CLAIMS: The making and acceptance of final payment will constitute:
A. A waiver of all claims by Owner against Contractor, except claims arising from
unsettled Liens, from defective work appearing after final inspection pursuant to
Paragraph 14.07, or from failure to comply with the Contract Documents or the terms
of any special guarantees specified therein; however, it will not constitute a waiver by
Owner of any rights in respect of Contractor’ s continuing obligations under the
Contract Documents; and
B. A waiver of all claims by Contractor against Owner other than those previously made
in writing and still unsettled.
14.12 INTEREST: NOT APPLICABLE.
ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION
15.01 OWNER MAY SUSPEND WORK:
A. Owner may, at any time and without cause, suspend the Work or any portion thereof
for a period of not more than 90 days by notice in writing to Contractor, and Engineer
which will fix the date on which Work will be resumed. Contractor shall resume the
Work on the date so fixed. Contractor shall be allowed an increase in the Contract
Price or an extension of the Contract Times, or both, directly attributable to any
suspension if Contractor makes an approved claim therefor as provided in Articles 11
and 12.
00700-General Conditions 00700 -46
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
15.02 OWNER MAY TERMINATE:
A. Upon the occurrence of any one or more of the following events:
1. If Contractor commences a voluntary case under any chapter of the
Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect,
or if Contractor takes any equivalent or similar action by filing a petition or
otherwise under any other federal or state Law in effect at such time relating
to the bankruptcy or insolvency;
2. If a petition is filed against Contractor under any chapter of the bankruptcy
Code as now or hereafter in effect at the time of filing, or if a petition is filed
seeking any such equivalent or similar relief against Contractor under any
other federal or state Law in effect at the time relating to bankruptcy or
insolvency;
3. If Contractor makes a general assignment for the benefit of creditors;
4. If a trustee, receiver, custodian, or agent of Contractor is appointed under
applicable Law or under contract, whose appointment or authority to take
charge of property of Contractor is for the purpose of enforcing a Lien against
such property or for the purpose of general administration of such property for
the benefit of Contractor’ s creditors;
5. If Contractor admits in writing an inability to pay its debts generally as they
become due;
6. If Contractor persistently fails to perform the Work in accordance with the
Contract Documents (including, but not limited to, failure to supply sufficient
skilled workers or suitable Equipment or Materials or failure to adhere to the
progress schedule established under Paragraph 2.07 as revised from time to
time);
7. If Contractor disregards Laws or Regulations of any public body having
jurisdiction;
8. If Contractor disregards the authority of Engineer; or
9. If Contractor otherwise violates in any substantial way any provisions of the
Contract Documents;
B. Owner may, after giving Contractor (and the surety, if there be one) ten days’ written
notice and to the extent permitted by Laws and Regulations, terminate the services of
Contractor, exclude Contractor from the Site and take possession of the Work and of
all Contractor’ s tools, appliances, construction equipment, and machinery at the Site
and use the same to the full extent they could be used by Contractor (without liability
to Contractor for trespass or conversion), incorporate in the Work all Equipment and
Materials stored at the Site or for which Owner has paid Contractor but which are
stored elsewhere, and finish the Work as Owner may deem expedient. In such case,
Contractor shall not be entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds the direct, indirect, and
consequential costs of completing the Work (including but not limited to fees and
charges of engineers, architects, attorneys and other professionals, and court and
arbitration costs), such excess will be paid to Contractor. If such costs exceed such
unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by
Owner will be approved as to reasonableness by Engineer and incorporated in a
Change Order, but when exercising any rights or remedies under this Paragraph, Owner
shall not be required to obtain the lowest price for the Work performed.
00700-General Conditions 00700 -47
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
C. Where Contractor’ s services have been so terminated by Owner, the termination will
not affect any rights or remedies of Owner against Contractor then existing or which
may thereafter accrue. Any retention or payment of moneys due to Contractor by
Owner will not release Contractor from liability.
D. Upon ten days’ written notice to Contractor and Engineer, Owner may, without cause
and without prejudice to any other right or remedy, elect to abandon the Work and
terminate the Agreement. In such case, Contractor shall be paid for all Work executed
and any expense sustained plus reasonable termination expenses, which will include,
but not be limited to, direct, indirect, and consequential costs (including, but not limited
to, fees and charges of engineers, architects, attorneys and other professionals, and
court and arbitration costs).
15.03 CONTRACTOR MAY STOP WORK OR TERMINATE:
A. If, through no act or fault of Contractor, the Work is suspended for a period of more
than 90 days by Owner or under an order of court or other public authority, or Engineer
fails to act on any Application for Payment within 30 days after it is submitted, or
Owner fails for 30 days to pay Contractor any sum finally determined to be due, then
Contractor may, upon ten days’ written notice to Owner and Engineer, terminate the
Agreement and recover from Owner payment for all Work executed and any expense
sustained plus reasonable termination expenses. In addition and in lieu of terminating
the Agreement, if Engineer has failed to act on an Application for Payment or Owner
has failed to make any payment as aforesaid, Contractor may upon ten days’ written
notice to Owner and Engineer stop the Work until payment of all amounts then
due. The provisions of this Paragraph shall not relieve Contractor of the obligations
under Paragraph 6.15 to carry on the Work in accordance with the progress schedule
and without delay during disputes and disagreements with Owner.
ARTICLE 16 -RESOLUTION OF DISPUTES
16.01 RESOLUTION OF CLAIMS AND DISPUTES
A. Contractor’ s claims against Owner will be reviewed by Engineer, who shall take one
or more of the following actions within ten (10) days after receipt of a claim:
1. Request additional supporting data from the claimant;
2. Submit a schedule to Contractor indicating reasonable time within which
Engineer expects to take action;
3. Reject the Claim in whole or in part, stating reasons for rejection;
4. Recommend approval of the claim; or
5. Suggest a compromise.
B. Owner’ s claims against Contractor will be reviewed by Contractor who shall take one
or more of the following actions within ten (10) days after receipt of the Claim:
1. Request additional supporting data from Engineer;
2. Submit a schedule to the Engineer indicating a reasonable time within which
Contractor expects to take action;
3. Deny the claim in whole or in part, stating reasons for denial;
4. Recommend approval of the claim; or
5. Suggest a compromise.
C. If a claim has been resolved, the Owner will prepare or obtain appropriate
documentation.
00700-General Conditions 00700 -48
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
D. If a claim has been denied or if no action has been taken in the manner provided in
Paragraphs 16.01A or 16.01B, then the claimant, within ten (10) days thereafter, may
notify the Owner, the other party, and Contractor’ s surety that Engineer and Contractor
have been unable to resolve the claim. In that event, the Owner, pursuant to
Paragraph 16.01E shall review the claim and make a decision on the claim.
E. If a claim is presented to the Owner, then the Owner shall review the claim and make
a decision within fourteen (14) days.
F. Disputes that cannot be settled through negotiation or the procedures in Paragraphs
16.01A through 16.01E above, shall be settled as mutually agreed or in a court of
competent jurisdiction in Washington County, Arkansas.
G. Neither arbitration nor binding mediation shall be used in the settlement of disputes.
ARTICLE 17 -MISCELLANEOUS
17.01 GIVING NOTICE:
A. Whenever any provision of the Contract Documents requires the giving of written
notice, it will be deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to
the last business address known to the giver of the notice.
17.02 COMPUTATION OF TIME:
A. When any period of time is referred to in the Contract Documents by days, it will be
computed to exclude the first and include the last day of such period. If the last day of
any such period falls on a Saturday or Sunday or on a day made a legal holiday by the
Law of the applicable jurisdiction, such day will be omitted from the computation.
B. A calendar day of 24 hours measured from midnight to the next midnight shall
constitute a day.
17.03 CLAIMS, CUMULATIVE REMEDIES:
A. Should Owner or Contractor suffer injury or damage to person or property because of
any error, omission, or act of the other party or of any of the other party’ s employees
or agents or others for whose acts the other party is legally liable, claim will be made
in writing to the other party within a reasonable time of the first observance of such
injury or damage. The provisions of this Paragraph shall not be construed as a
substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
B. The duties and obligations imposed by these General Conditions and the rights and
remedies available hereunder to the parties hereto, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon Contractor by
Paragraphs 6.16A, 13.01, 13.08, 13.10, 14.03, and 15.02A and all of the rights and
remedies available to Owner and Engineer thereunder, are in addition to, and are not
to be construed in any way as a limitation of, any rights and remedies available to any
or all of them which are otherwise imposed or available by Laws or Regulations, by
special warranty or guarantee, or by other provisions of the Contract Documents, and
the provisions of this Paragraph will be as effective as if repeated specifically in the
Contract Documents in connection with each particular duty, obligation, right, and
00700-General Conditions 00700 -49
DOCUMENT 00700 – GENERAL CONDITIONS ( continued)
remedy to which they apply. All representations, warranties, and guarantees made in
the Contract Documents will survive final payment and termination or completion of
the Agreement.
17.04 FREEDOM OF INFORMATION ACT:
A. City contracts and documents prepared while performing City contractual work are
subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act
request is presented to the City of Fayetteville, the contactor shall do everything
possible to provide the documents in a prompt and timely manner as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally
authorized photocopying costs pursuant to the FOIA may be assessed for this
compliance.
END OF DOCUMENT 00700
00700-General Conditions 00700 -50
DOCUMENT 00800 – SUPPLEMENTARY CONDITIONS:
ARTICLE 1 -LABOR RELATED REGULATIONS
1.01 SUPERSESSION:
A. These Supplemental Conditions supersede any conflicting provisions of the Contract
Documents.
1.02 TRENCH AND EXCAVATION SAFETY:
A. Compliance with the provisions of 29 CFR Subpart P, OSHA Standard for Excavation
and Trenches Safety System is required during prosecution of the project.
B. A copy of Subpart P is included in this section.
1.03 SUBMIT WITH PROGRESS PAYMENT:
A. The following items shall be submitted along with applications for progress payment:
1. Current progress schedule.
2. Summary of requests for extensions to the Contract Times during payment
period.
3. Construction photographs according to Section 01325.
4. Stormwater Pollution Prevention Plan Inspection and Maintenance Report
Forms completed during payment period.
1.04 CONTRACT TIMES
A. No extension to the Contract Times will be allowed for delays on Saturday, Sunday,
or any legal holiday without prior approval to work on the day.
B. Time will be assessed for each day on which, in the judgement of the Engineer,
conditions allow the Contractor to effectively utilize 60% of normal forces and
equipment to prosecute the work required at that time, for at least 60% of the
Contractor’ s normal work hours, regardless of whether the Contractor actually works.
END OF DOCUMENT 00800
00800-Supplementary Conditions 00800 -1
Occupational Safety and Health Admin., Labor § 1926. 650
Subpart P— Excavations
AUTHORITY: Sec. 107, Contract Worker
Hours and Safety Standards Act ( Construc-
tion Safety Act) ( 40 U.S.C. 333); Secs. 4, 6, 8,
Occupational Safety and Hea1th Act of 1970
29 U.S.C. 653, 655, 657); Secretary of Labor’ s
Order No. 12–71 ( 36 FR 8754), 8–76 ( 41 FR
25059), or 9–83 ( 48 FR 35736), as applicable, and
29 CFR part 1911.
SOURCE: 54 FR 45959, Oct. 31, 1989, unless
otherwise noted.
1926.650 Scope, application, and defi-
nitions applicable to this subpart.
a) Scope and application. This sub-
part applies to all open excavations
made in the earth’ s surface. Exca-
vations are defined to include trenches.
b) Definitions applicable to this sub-
part.
Accepted engineering practices means
those requirements which are compat-
ible with standards of practice required
by a registered professional engineer.
Aluminum Hydraulic Shoring means a
pre-engineered shoring system com-
prised of aluminum hydraulic cylinders
crossbraces) used in conjunction with
vertical rails ( uprights) or horizontal
rails (walers). Such system is designed,
specifically to support the sidewalls of
an excavation and prevent cave-ins.
Bell-bottom pier hole means a type of
shaft or footing excavation, the bottom
of which is made larger than the cross
section above to form a belled shape.
Benching ( Benching system) means a
method of protecting employees from
cave-ins by excavating the sides of an
excavation to form one or a series of
horizontal levels or steps, usually with
vertical or near-vertical surfaces be-
tween levels.
Cave-in means the separation of a
mass of soil or rock material from the
side of an excavation, or the loss of soil
from under a trench shield or support
system, and its sudden movement into
the excavation, either by falling or
sliding, in sufficient quantity so that it
could entrap, bury, or otherwise injure
and immobilize a person.
Competent person means one who is
capable of identifying existing and pre-
dictable hazards in the surroundings,
or working conditions which are unsan-
itary, hazardous, or dangerous to em-
ployees, and who has authorization to
take prompt corrective measures to
eliminate them.
Cross braces mean the horizontal
members of a shoring system installed
perpendicular to the sides of the exca-
vation, the ends of which bear against
either uprights or wales.
369
OSHA Subpart P 010910-1 14047100
1926. 650 29 CFR Ch. XVII ( 7–1–04 Edition) §
Excavation means any man-made cut,
cavity, trench, or depression in an
earth surface, formed by earth re-
moval.
Faces or sides means the vertical or
inclined earth surfaces formed as a re-
sult of excavation work.
Failure means the breakage, displace-
ment, or permanent deformation of a
structural member or connection so as
to reduce its structural integrity and
its supportive capabilities.
Hazardous atmosphere means an at-
mosphere which by reason of being ex-
plosive, flammable, poisonous, corro-
sive, oxidizing, irritating, oxygen defi-
cient, toxic, or otherwise harmful, may
cause death, illness, or injury.
Kickout means the accidental release
or failure of a cross brace.
Protective system means a method of
protecting employees from cave-ins,
from material that could fall or roll
from an excavation face or into an ex-
cavation, or from the collapse of adja-
cent structures. Protective systems in-
clude support systems, sloping and
benching systems, shield systems, and
other systems that provide the nec-
essary protection.
Ramp means an inclined walking or
working surface that is used to gain ac-
cess to one point from another, and is
constructed from earth or from struc-
tural materials such as steel or wood.
Registered Professional Engineer means
a person who is registered as a profes-
sional engineer in the state where the
work is to be performed. However, a
professional engineer, registered in any
state is deemed to be a ‘‘registered pro-
fessional engineer’’ within the meaning
of this standard when approving de-
signs for ‘‘manufactured protective sys-
tems’’ or ‘‘tabulated data’’ to be used in
interstate commerce.
Sheeting means the members of a
shoring system that retain the earth in
position and in turn are supported by
other members of the shoring system.
Shield ( Shield system) means a struc-
ture that is able to withstand the
forces imposed on it by a cave-in and
thereby protect employees within the
structure. Shields can be permanent
structures or can be designed to be
portable and moved along as work pro-
gresses. Additionally, shields can be ei-
ther premanufactured or job-built in
accordance with § 1926.652 ( c)(3) or
c)(4). Shields used in trenches are usu-
ally referred to as ‘‘ trench boxes’’ or
trench shields.’’
Shoring ( Shoring system) means a
structure such as a metal hydraulic,
mechanical or timber shoring system
that supports the sides of an exca-
vation and which is designed to prevent
cave-ins.
Sides. See ‘‘ Faces.’’
Sloping ( Sloping system) means a
method of protecting employees from
cave-ins by excavating to form sides of
an excavation that are inclined away
from the excavation so as to prevent
cave-ins. The angle of incline required
to prevent a cave-in varies with dif-
ferences in such factors as the soil
type, environmental conditions of ex-
posure, and application of surcharge
loads.
Stable rock means natural solid min-
eral material that can be excavated
with vertical sides and will remain in-
tact while exposed. Unstable rock is
considered to be stable when the rock
material on the side or sides of the ex-
cavation is secured against caving-in
or movement by rock bolts or by an-
other protective system that has been
designed by a registered professional
engineer.
Structural ramp means a ramp built of
steel or wood, usually used for vehicle
access. Ramps made of soil or rock are
not considered structural ramps.
Support system means a structure
such as underpinning, bracing, or shor-
ing, which provides support to an adja-
cent structure, underground installa-
tion, or the sides of an excavation.
Tabulated data means tables and
charts approved by a registered profes-
sional engineer and used to design and
construct a protective system.
Trench ( Trench excavation) means a
narrow excavation ( in relation to its
length) made below the surface of the
ground. In general, the depth is greater
than the width, but the width of a
trench ( measured at the bottom) is not
greater than 15 feet ( 4.6 m). If forms or
other structures are installed or con-
structed in an excavation so as to re-
duce the dimension measured from the
forms or structure to the side of the ex-
cavation to 15 feet ( 4.6 m) or less
370
OSHA Subpart P 010910-2 14047100
Occupational Safety and Health Admin., Labor § 1926. 651
measured at the bottom of the exca-
vation), the excavation is also consid-
ered to be a trench.
Trench box. See ‘‘ Shield.’’
Trench shield. See ‘‘ Shield.’’
Uprights means the vertical members
of a trench shoring system placed in
contact with the earth and usually po-
sitioned so that individual members do
not contact each other. Uprights
placed so that individual members are
closely spaced, in contact with or
interconnected to each other, are often
called ‘‘sheeting.’’
Wales means horizontal members of a
shoring system placed parallel to the
excavation face whose sides bear
against the vertical members of the
shoring system or earth.
1926.651 Specific excavation require-
ments.
a) Surface encumbrances. All surface
encumbrances that are located so as to
create a hazard to employees shall be
removed or supported, as necessary, to
safeguard employees.
b) Underground installations. ( 1) The
estimated location of utility installa-
tions, such as sewer, telephone, fuel,
electric, water lines, or any other un-
derground installations that reason-
ably may be expected to be encoun-
tered during excavation work, shall be
determined prior to opening an exca-
vation.
2) Utility companies or owners shall
be contacted within established or cus-
tomary local response times, advised of
the proposed work, and asked to estab-
lish the location of the utility under-
ground installations prior to the start
of actual excavation. When utility
companies or owners cannot respond to
a request to locate underground utility
installations within 24 hours ( unless a
longer period is required by state or
local law), or cannot establish the
exact location of these installations,
the employer may proceed, provided
the employer does so with caution, and
provided detection equipment or other
acceptable means to locate utility in-
stallations are used.
3) When excavation operations ap-
proach the estimated location of under-
ground installations, the exact loca-
tion of the installations shall be deter-
mined by safe and acceptable means.
4) While the excavation is open, un-
derground installations shall be pro-
tected, supported or removed as nec-
essary to safeguard employees.
c) Access and egress—( 1) Structural
ramps.( i) Structural ramps that are
used solely by employees as a means of
access or egress from excavations shall
be designed by a competent person.
Structural ramps used for access or
egress of equipment shall be designed
by a competent person qualified in
structural design, and shall be con-
structed in accordance with the design.
ii) Ramps and runways constructed
of two or more structural members
shall have the structural members con-
nected together to prevent displace-
ment.
iii) Structural members used for
ramps and runways shall be of uniform
thickness.
iv) Cleats or other appropriate
means used to connect runway struc-
tural members shall be attached to the
bottom of the runway or shall be at-
tached in a manner to prevent tripping.
v) Structural ramps used in lieu of
steps shall be provided with cleats or
other surface treatments on the top
surface to prevent slipping.
2) Means of egress from trench exca-
vations. A stairway, ladder, ramp or
other safe means of egress shall be lo-
cated in trench excavations that are 4
feet ( 1.22 m) or more in depth so as to
require no more than 25 feet (7.62 m) of
lateral travel for employees.
d) Exposure to vehicular traffic. Em-
ployees exposed to public vehicular
traffic shall be provided with, and shall
wear, warning vests or other suitable
garments marked with or made of
reflectorized or high-visibility mate-
rial.
e) Exposure to falling loads. No em-
ployee shall be permitted underneath
loads handled by lifting or digging
equipment. Employees shall be re-
quired to stand away from any vehicle
being loaded or unloaded to avoid being
struck by any spillage or falling mate-
rials. Operators may remain in the
cabs of vehicles being loaded or un-
loaded when the vehicles are equipped,
in accordance with § 1926.601(b)(6), to
provide adequate protection for the op-
erator during loading and unloading
operations.
371
OSHA Subpart P 010910-3 14047100
1926. 651 29 CFR Ch. XVII ( 7–1–04 Edition) §
f) Warning system for mobile equip-
ment. When mobile equipment is oper-
ated adjacent to an excavation, or
when such equipment is required to ap-
proach the edge of an excavation, and
the operator does not have a clear and
direct view of the edge of the exca-
vation, a warning system shall be uti-
lized such as barricades, hand or me-
chanical signals, or stop logs. If pos-
sible, the grade should be away from
the excavation.
g) Hazardous atmospheres—( 1) Testing
and controls. In addition to the require-
ments set forth in subparts D and E of
this part ( 29 CFR 1926. 50–1926. 107) to
prevent exposure to harmful levels of
atmospheric contaminants and to as-
sure acceptable atmospheric condi-
tions, the following requirements shall
apply:
i) Where oxygen deficiency
atmospheres containing less than 19. 5
percent oxygen) or a hazardous atmos-
phere exists or could reasonably be ex-
pected to exist, such as in excavations
in landfill areas or excavations in areas
where hazardous substances are stored
nearby, the atmospheres in the exca-
vation shall be tested before employees
enter excavations greater than 4 feet
1.22 m) in depth.
ii) Adequate precautions shall be
taken to prevent employee exposure to
atmospheres containing less than 19. 5
percent oxygen and other hazardous
atmospheres. These precautions in-
clude providing proper respiratory pro-
tection or ventilation in accordance
with subparts D and E of this part re-
spectively.
iii) Adequate precaution shall be
taken such as providing ventilation, to
prevent employee exposure to an at-
mosphere containing a concentration
of a flammable gas in excess of 20 per-
cent of the lower flammable limit of
the gas.
iv) When controls are used that are
intended to reduce the level of atmos-
pheric contaminants to acceptable lev-
els, testing shall be conducted as often
as necessary to ensure that the atmos-
phere remains safe.
2) Emergency rescue equipment. ( i)
Emergency rescue equipment, such as
breathing apparatus, a safety harness
and line, or a basket stretcher, shall be
readily available where hazardous at-
mospheric conditions exist or may rea-
sonably be expected to develop during
work in an excavation. This equipment
shall be attended when in use.
ii) Employees entering bell-bottom
pier holes, or other similar deep and
confined footing excavations, shall
wear a harness with a life-line securely
attached to it. The lifeline shall be sep-
arate from any line used to handle ma-
terials, and shall be individually at-
tended at all times while the employee
wearing the lifeline is in the exca-
vation.
h) Protection from hazards associated
with water accumulation. ( 1) Employees
shall not work in excavations in which
there is accumulated water, or in exca-
vations in which water is accumu-
lating, unless adequate precautions
have been taken to protect employees
against the hazards posed by water ac-
cumulation. The precautions necessary
to protect employees adequately vary
with each situation, but could include
special support or shield systems to
protect from cave-ins, water removal
to control the level of accumulating
water, or use of a safety harness and
lifeline.
2) If water is controlled or prevented
from accumulating by the use of water
removal equipment, the water removal
equipment and operations shall be
monitored by a competent person to
ensure proper operation.
3) If excavation work interrupts the
natural drainage of surface water ( such
as streams), diversion ditches, dikes, or
other suitable means shall be used to
prevent surface water from entering
the excavation and to provide adequate
drainage of the area adjacent to the ex-
cavation. Excavations subject to runoff
from heavy rains will require an in-
spection by a competent person and
compliance with paragraphs ( h)(1) and
h)(2) of this section.
i) Stability of adjacent structures. ( 1)
Where the stability of adjoining build-
ings, walls, or other structures is en-
dangered by excavation operations,
support systems such as shoring, brac-
ing, or underpinning shall be provided
to ensure the stability of such struc-
tures for the protection of employees.
2) Excavation below the level of the
base or footing of any foundation or re-
taining wall that could be reasonably
372
OSHA Subpart P 010910-4 14047100
Occupational Safety and Health Admin., Labor § 1926. 652
expected to pose a hazard to employees
shall not be permitted except when:
i) A support system, such as under-
pinning, is provided to ensure the safe-
ty of employees and the stability of the
structure; or
ii) The excavation is in stable rock;
or
iii) A registered professional engi-
neer has approved the determination
that the structure is sufficently re-
moved from the excavation so as to be
unaffected by the excavation activity;
or
iv) A registered professional engi-
neer has approved the determination
that such excavation work will not
pose a hazard to employees.
3) Sidewalks, pavements, and appur-
tenant structure shall not be under-
mined unless a support system or an-
other method of protection is provided
to protect employees from the possible
collapse of such structures.
j) Protection of employees from loose
rock or soil. ( 1) Adequate protection
shall be provided to protect employees
from loose rock or soil that could pose
a hazard by falling or rolling from an
excavation face. Such protection shall
consist of scaling to remove loose ma-
terial; installation of protective barri-
cades at intervals as necessary on the
face to stop and contain falling mate-
rial; or other means that provide equiv-
alent protection.
2) Employees shall be protected from
excavated or other materials or equip-
ment that could pose a hazard by fall-
ing or rolling into excavations. Protec-
tion shall be provided by placing and
keeping such materials or equipment
at least 2 feet (. 61 m) from the edge of
excavations, or by the use of retaining
devices that are sufficient to prevent
materials or equipment from falling or
rolling into excavations, or by a com-
bination of both if necessary.
k) Inspections.( 1) Daily inspections
of excavations, the adjacent areas, and
protective systems shall be made by a
competent person for evidence of a sit-
uation that could result in possible
cave-ins, indications of failure of pro-
tective systems, hazardous
atmospheres, or other hazardous condi-
tions. An inspection shall be conducted
by the competent person prior to the
start of work and as needed throughout
the shift. Inspections shall also be
made after every rainstorm or other
hazard increasing occurrence. These in-
spections are only required when em-
ployee exposure can be reasonably an-
ticipated.
2) Where the competent person finds
evidence of a situation that could re-
sult in a possible cave-in, indications
of failure of protective systems, haz-
ardous atmospheres, or other haz-
ardous conditions, exposed employees
shall be removed from the hazardous
area until the necessary precautions
have been taken to ensure their safety.
l) Walkways shall be provided where
employees or equipment are required
or permitted to cross over excavations.
Guardrails which comply with
1926. 502( b) shall be provided where
walkways are 6 feet ( 1.8 m) or more
above lower levels.
54 FR 45959, Oct. 31, 1989, as amended by 59
FR 40730, Aug. 9, 1994]
1926.652 Requirements for protective
systems.
a) Protection of employees in exca-
vations.( 1) Each employee in an exca-
vation shall be protected from cave-ins
by an adequate protective system de-
signed in accordance with paragraph
b) or (c) of this section except when:
i) Excavations are made entirely in
stable rock; or
ii) Excavations are less than 5 feet
1.52m) in depth and examination of the
ground by a competent person provides
no indication of a potential cave-in.
2) Protective systems shall have the
capacity to resist without failure all
loads that are intended or could rea-
sonably be expected to be applied or
transmitted to the system.
b) Design of sloping and benching sys-
tems. The slopes and configurations of
sloping and benching systems shall be
selected and constructed by the em-
ployer or his designee and shall be in
accordance with the requirements of
paragraph ( b)(1); or, in the alternative,
paragraph ( b)(2); or, in the alternative,
paragraph ( b)(3), or, in the alternative,
paragraph ( b)(4), as follows:
1) Option ( 1)— Allowable configurations
and slopes. ( i) Excavations shall be
sloped at an angle not steeper than one
and one-half horizontal to one vertical
373
OSHA Subpart P 010910-5 14047100
1926. 652 29 CFR Ch. XVII ( 7–1–04 Edition) §
34 degrees measured from the hori-
zontal), unless the employer uses one
of the other options listed below.
ii) Slopes specified in paragraph
b)(1)(i) of this section, shall be exca-
vated to form configurations that are
in accordance with the slopes shown
for Type C soil in Appendix B to this
subpart.
2) Option ( 2)— Determination of slopes
and configurations using Appendices A
and B. Maximum allowable slopes, and
allowable configurations for sloping
and benching systems, shall be deter-
mined in accordance with the condi-
tions and requirements set forth in ap-
pendices A and B to this subpart.
3) Option ( 3)— Designs using other tab-
ulated data. ( i) Designs of sloping or
benching systems shall be selected
from and be in accordance with tab-
ulated data, such as tables and charts.
ii) The tabulated data shall be in
written form and shall include all of
the following:
A) Identification of the parameters
that affect the selection of a sloping or
benching system drawn from such data;
B) Identification of the limits of use
of the data, to include the magnitude
and configuration of slopes determined
to be safe;
C) Explanatory information as may
be necessary to aid the user in making
a correct selection of a protective sys-
tem from the data.
iii) At least one copy of the tab-
ulated data which identifies the reg-
istered professional engineer who ap-
proved the data, shall be maintained at
the jobsite during construction of the
protective system. After that time the
data may be stored off the jobsite, but
a copy of the data shall be made avail-
able to the Secretary upon request.
4) Option ( 4)— Design by a registered
professional engineer. ( i) Sloping and
benching systems not utilizing Option
1) or Option ( 2) or Option ( 3) under
paragraph ( b) of this section shall be
approved by a registered professional
engineer.
ii) Designs shall be in written form
and shall include at least the following:
A) The magnitude of the slopes that
were determined to be safe for the par-
ticular project;
B) The configurations that were de-
termined to be safe for the particular
project; and
C) The identity of the registered pro-
fessional engineer approving the de-
sign.
iii) At least one copy of the design
shall be maintained at the jobsite
while the slope is being constructed.
After that time the design need not be
at the jobsite, but a copy shall be made
available to the Secretary upon re-
quest.
c) Design of support systems, shield
systems, and other protective systems. De-
signs of support systems shield sys-
tems, and other protective systems
shall be selected and constructed by
the employer or his designee and shall
be in accordance with the requirements
of paragraph ( c)(1); or, in the alter-
native, paragraph ( c)(2); or, in the al-
ternative, paragraph ( c)(3); or, in the
alternative, paragraph ( c)(4) as follows:
1) Option ( 1)— Designs using appen-
dices A, C and D. Designs for timber
shoring in trenches shall be determined
in accordance with the conditions and
requirements set forth in appendices A
and C to this subpart. Designs for alu-
minum hydraulic shoring shall be in
accordance with paragraph ( c)(2) of this
section, but if manufacturer’ s tab-
ulated data cannot be utilized, designs
shall be in accordance with appendix D.
2) Option ( 2)— Designs Using Manufac-
turer’ s Tabulated Data. (i)Design of sup-
port systems, shield systems, or other
protective systems that are drawn
from manufacturer’ s tabulated data
shall be in accordance with all speci-
fications, recommendations, and limi-
tations issued or made by the manufac-
turer.
ii)Deviation from the specifications,
recommendations, and limitations
issued or made by the manufacturer
shall only be allowed after the manu-
facturer issues specific written ap-
proval.
iii) Manufacturer’ s specifications,
recommendations, and limitations, and
manufacturer’ s approval to deviate
from the specifications, recommenda-
tions, and limitations shall be in writ-
ten form at the jobsite during con-
struction of the protective system.
After that time this data may be
stored off the jobsite, but a copy shall
374
OSHA Subpart P 010910-6 14047100
Occupational Safety and Health Admin., Labor § 1926. 652
be made available to the Secretary
upon request.
3) Option ( 3)— Designs using other tab-
ulated data. ( i) Designs of support sys-
tems, shield systems, or other protec-
tive systems shall be selected from and
be in accordance with tabulated data,
such as tables and charts.
ii) The tabulated data shall be in
written form and include all of the fol-
lowing:
A) Identification of the parameters
that affect the selection of a protective
system drawn from such data;
B) Identification of the limits of use
of the data;
C) Explanatory information as may
be necessary to aid the user in making
a correct selection of a protective sys-
tem from the data.
iii) At least one copy of the tab-
ulated data, which identifies the reg-
istered professional engineer who ap-
proved the data, shall be maintained at
the jobsite during construction of the
protective system. After that time the
data may be stored off the jobsite, but
a copy of the data shall be made avail-
able to the Secretary upon request.
4) Option ( 4)— Design by a registered
professional engineer. ( i) Support sys-
tems, shield systems, and other protec-
tive systems not utilizing Option 1, Op-
tion 2 or Option 3, above, shall be ap-
proved by a registered professional en-
gineer.
ii) Designs shall be in written form
and shall include the following:
A) A plan indicating the sizes, types,
and configurations of the materials to
be used in the protective system; and
B) The identity of the registered
professional engineer approving the de-
sign.
iii) At least one copy of the design
shall be maintained at the jobsite dur-
ing construction of the protective sys-
tem. After that time, the design may
be stored off the jobsite, but a copy of
the design shall be made available to
the Secretary upon request.
d) Materials and equipment. ( 1) Mate-
rials and equipment used for protective
systems shall be free from damage or
defects that might impair their proper
function.
2) Manufactured materials and
equipment used for protective systems
shall be used and maintained in a man-
ner that is consistent with the rec-
ommendations of the manufacturer,
and in a manner that will prevent em-
ployee exposure to hazards.
3) When material or equipment that
is used for protective systems is dam-
aged, a competent person shall exam-
ine the material or equipment and
evaluate its suitability for continued
use. If the competent person cannot as-
sure the material or equipment is able
to support the intended loads or is oth-
erwise suitable for safe use, then such
material or equipment shall be re-
moved from service, and shall be evalu-
ated and approved by a registered pro-
fessional engineer before being re-
turned to service.
e) Installation and removal of sup-
port—(1) General.( i) Members of sup-
port systems shall be securely con-
nected together to prevent sliding, fall-
ing, kickouts, or other predictable fail-
ure.
ii) Support systems shall be in-
stalled and removed in a manner that
protects employees from cave-ins,
structural collapses, or from being
struck by members of the support sys-
tem.
iii) Individual members of support
systems shall not be subjected to loads
exceeding those which those members
were designed to withstand.
iv) Before temporary removal of in-
dividual members begins, additional
precautions shall be taken to ensure
the safety of employees, such as in-
stalling other structural members to
carry the loads imposed on the support
system.
v) Removal shall begin at, and
progress from, the bottom of the exca-
vation. Members shall be released slow-
ly so as to note any indication of pos-
sible failure of the remaining members
of the structure or possible cave-in of
the sides of the excavation.
vi) Backfilling shall progress to-
gether with the removal of support sys-
tems from excavations.
2) Additional requirements for support
systems for trench excavations. ( i) Exca-
vation of material to a level no greater
than 2 feet (. 61 m) below the bottom of
the members of a support system shall
be permitted, but only if the system is
designed to resist the forces calculated
for the full depth of the trench, and
375
OSHA Subpart P 010910-7 14047100
Pt. 1926, Subpt. P, App. A 29 CFR Ch. XVII ( 7–1–04 Edition)
there are no indications while the
trench is open of a possible loss of soil
from behind or below the bottom of the
support system.
ii) Installation of a support system
shall be closely coordinated with the
excavation of trenches.
f) Sloping and benching systems. Em-
ployees shall not be permitted to work
on the faces of sloped or benched exca-
vations at levels above other employ-
ees except when employees at the lower
levels are adequately protected from
the hazard of falling, rolling, or sliding
material or equipment.
g) Shield systems—( 1) General.( i)
Shield systems shall not be subjected
to loads exceeding those which the sys-
tem was designed to withstand.
ii) Shields shall be installed in a
manner to restrict lateral or other haz-
ardous movement of the shield in the
event of the application of sudden lat-
eral loads.
iii) Employees shall be protected
from the hazard of cave-ins when enter-
ing or exiting the areas protected by
shields.
iv) Employees shall not be allowed
in shields when shields are being in-
stalled, removed, or moved vertically.
2) Additional requirement for shield
systems used in trench excavations. Exca-
vations of earth material to a level not
greater than 2 feet (. 61 m) below the
bottom of a shield shall be permitted,
but only if the shield is designed to re-
sist the forces calculated for the full
depth of the trench, and there are no
indications while the trench is open of
a possible loss of soil from behind or
below the bottom of the shield.
APPENDIX A TO SUBPART P OF PART
1926— SOIL CLASSIFICATION
a) Scope and application—( 1) Scope. This
appendix describes a method of classifying
soil and rock deposits based on site and envi-
ronmental conditions, and on the structure
and composition of the earth deposits. The
appendix contains definitions, sets forth re-
quirements, and describes acceptable visual
and manual tests for use in classifying soils.
2) Application. This appendix applies when
a sloping or benching system is designed in
accordance with the requirements set forth
in § 1926. 652( b)( 2) as a method of protection
for employees from cave-ins. This appendix
also applies when timber shoring for exca-
vations is designed as a method of protection
from cave-ins in accordance with appendix C
to subpart P of part 1926, and when alu-
minum hydraulic shoring is designed in ac-
cordance with appendix D. This Appendix
also applies if other protective systems are
designed and selected for use from data pre-
pared in accordance with the requirements
set forth in § 1926. 652( c), and the use of the
data is predicated on the use of the soil clas-
sification system set forth in this appendix.
b) Definitions. The definitions and exam-
ples given below are based on, in whole or in
part, the following: American Society for
Testing Materials ( ASTM) Standards D653– 85
and D2488; The Unified Soils Classification
System, The U.S. Department of Agriculture
USDA) Textural Classification Scheme; and
The National Bureau of Standards Report
BSS– 121.
Cemented soil means a soil in which the par-
ticles are held together by a chemical agent,
such as calcium carbonate, such that a hand-
size sample cannot be crushed into powder or
individual soil particles by finger pressure.
Cohesive soil means clay ( fine grained soil),
or soil with a high clay content, which has
cohesive strength. Cohesive soil does not
crumble, can be excavated with vertical
sideslopes, and is plastic when moist. Cohe-
sive soil is hard to break up when dry, and
exhibits significant cohesion when sub-
merged. Cohesive soils include clayey silt,
sandy clay, silty clay, clay and organic clay.
Dry soil means soil that does not exhibit
visible signs of moisture content.
Fissured means a soil material that has a
tendency to break along definite planes of
fracture with little resistance, or a material
that exhibits open cracks, such as tension
cracks, in an exposed surface.
Granular soil means gravel, sand, or silt,
coarse grained soil) with little or no clay
content. Granular soil has no cohesive
strength. Some moist granular soils exhibit
apparent cohesion. Granular soil cannot be
molded when moist and crumbles easily
when dry.
Layered system means two or more dis-
tinctly different soil or rock types arranged
in layers. Micaceous seams or weakened
planes in rock or shale are considered lay-
ered.
Moist soil means a condition in which a soil
looks and feels damp. Moist cohesive soil can
easily be shaped into a ball and rolled into
small diameter threads before crumbling.
Moist granular soil that contains some cohe-
sive material will exhibit signs of cohesion
between particles.
Plastic means a property of a soil which al-
lows the soil to be deformed or molded with-
out cracking, or appreciable volume change.
Saturated soil means a soil in which the
voids are filled with water. Saturation does
not require flow. Saturation, or near satura-
tion, is necessary for the proper use of in-
struments such as a pocket penetrometer or
sheer vane.
376
OSHA Subpart P 010910-8 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. A
Soil classification system means, for the pur-
pose of this subpart, a method of catego-
rizing soil and rock deposits in a hierarchy
of Stable Rock, Type A, Type B, and Type C,
in decreasing order of stability. The cat-
egories are determined based on an analysis
of the properties and performance character-
istics of the deposits and the environmental
conditions of exposure.
Stable rock means natural solid mineral
matter that can be excavated with vertical
sides and remain intact while exposed.
Submerged soil means soil which is under-
water or is free seeping.
Type A means cohesive soils with an
unconfined compressive strength of 1. 5 ton
per square foot (tsf) (144 kPa) or greater. Ex-
amples of cohesive soils are: clay, silty clay,
sandy clay, clay loam and, in some cases,
silty clay loam and sandy clay loam. Ce-
mented soils such as caliche and hardpan are
also considered Type A. However, no soil is
Type A if:
i)The soil is fissured; or
ii) The soil is subject to vibration from
heavy traffic, pile driving, or similar effects;
or
iii) The soil has been previously disturbed;
or
iv) The soil is part of a sloped, layered
system where the layers dip into the exca-
vation on a slope of four horizontal to one
vertical ( 4H: 1V) or greater; or
v) The material is subject to other factors
that would require it to be classified as a less
stable material.
Type B means:
i) Cohesive soil with an unconfined com-
pressive strength greater than 0. 5 tsf ( 48
kPa) but less than 1.5 tsf (144 kPa); or
ii) Granular cohesionless soils including:
angular gravel ( similar to crushed rock),
silt, silt loam, sandy loam and, in some
cases, silty clay loam and sandy clay loam.
iii) Previously disturbed soils except those
which would otherwise be classed as Type C
soil.
iv) Soil that meets the unconfined com-
pressive strength or cementation require-
ments for Type A, but is fissured or subject
to vibration; or
v) Dry rock that is not stable; or
vi) Material that is part of a sloped, lay-
ered system where the layers dip into the ex-
cavation on a slope less steep than four hori-
zontal to one vertical ( 4H: 1V), but only if the
material would otherwise be classified as
Type B.
Type C means:
i) Cohesive soil with an unconfined com-
pressive strength of 0. 5 tsf (48 kPa) or less; or
ii) Granular soils including gravel, sand,
and loamy sand; or
iii) Submerged soil or soil from which
water is freely seeping; or
iv) Submerged rock that is not stable, or
v) Material in a sloped, layered system
where the layers dip into the excavation or a
slope of four horizontal to one vertical
4H: 1V) or steeper.
Unconfined compressive strength means the
load per unit area at which a soil will fail in
compression. It can be determined by labora-
tory testing, or estimated in the field using
a pocket penetrometer, by thumb penetra-
tion tests, and other methods.
Wet soil means soil that contains signifi-
cantly more moisture than moist soil, but in
such a range of values that cohesive material
will slump or begin to flow when vibrated.
Granular material that would exhibit cohe-
sive properties when moist will lose those co-
hesive properties when wet.
c) Requirements—( 1) Classification of soil
and rock deposits. Each soil and rock deposit
shall be classified by a competent person as
Stable Rock, Type A, Type B, or Type C in
accordance with the definitions set forth in
paragraph ( b) of this appendix.
2) Basis of classification. The classification
of the deposits shall be made based on the re-
sults of at least one visual and at least one
manual analysis. Such analyses shall be con-
ducted by a competent person using tests de-
scribed in paragraph ( d) below, or in other
recognized methods of soil classification and
testing such as those adopted by the Amer-
ica Society for Testing Materials, or the U.S.
Department of Agriculture textural classi-
fication system.
3) Visual and manual analyses. The visual
and manual analyses, such as those noted as
being acceptable in paragraph ( d) of this ap-
pendix, shall be designed and conducted to
provide sufficient quantitative and quali-
tative information as may be necessary to
identify properly the properties, factors, and
conditions affecting the classification of the
deposits.
4) Layered systems. In a layered system,
the system shall be classified in accordance
with its weakest layer. However, each layer
may be classified individually where a more
stable layer lies under a less stable layer.
5) Reclassification. If, after classifying a de-
posit, the properties, factors, or conditions
affecting its classification change in any
way, the changes shall be evaluated by a
competent person. The deposit shall be re-
classified as necessary to reflect the changed
circumstances.
d) Acceptable visual and manual tests.—( 1)
Visual tests. Visual analysis is conducted to
determine qualitative information regarding
the excavation site in general, the soil adja-
cent to the excavation, the soil forming the
sides of the open excavation, and the soil
taken as samples from excavated material.
i) Observe samples of soil that are exca-
vated and soil in the sides of the excavation.
Estimate the range of particle sizes and the
relative amounts of the particle sizes. Soil
that is primarily composed of fine-grained
377
OSHA Subpart P 010910-9 14047100
Pt. 1926, Subpt. P, App. B 29 CFR Ch. XVII ( 7–1–04 Edition)
material is cohesive material. Soil composed
primarily of coarse-grained sand or gravel is
granular material.
ii) Observe soil as it is excavated. Soil
that remains in clumps when excavated is
cohesive. Soil that breaks up easily and does
not stay in clumps is granular.
iii) Observe the side of the opened exca-
vation and the surface area adjacent to the
excavation. Crack-like openings such as ten-
sion cracks could indicate fissured material.
If chunks of soil spall off a vertical side, the
soil could be fissured. Small spalls are evi-
dence of moving ground and are indications
of potentially hazardous situations.
iv) Observe the area adjacent to the exca-
vation and the excavation itself for evidence
of existing utility and other underground
structures, and to identify previously dis-
turbed soil.
v) Observe the opened side of the exca-
vation to identify layered systems. Examine
layered systems to identify if the layers
slope toward the excavation. Estimate the
degree of slope of the layers.
vi) Observe the area adjacent to the exca-
vation and the sides of the opened exca-
vation for evidence of surface water, water
seeping from the sides of the excavation, or
the location of the level of the water table.
vii) Observe the area adjacent to the exca-
vation and the area within the excavation
for sources of vibration that may affect the
stability of the excavation face.
2) Manual tests. Manual analysis of soil
samples is conducted to determine quan-
titative as well as qualitative properties of
soil and to provide more information in
order to classify soil properly.
i) Plasticity. Mold a moist or wet sample of
soil into a ball and attempt to roll it into
threads as thin as 1 8-inch in diameter. Cohe-
sive material can be successfully rolled into
threads without crumbling. For example, if
at least a two inch ( 50 mm) length of 1 8-inch
thread can be held on one end without tear-
ing, the soil is cohesive.
ii) Dry strength. If the soil is dry and
crumbles on its own or with moderate pres-
sure into individual grains or fine powder, it
is granular ( any combination of gravel, sand,
or silt). If the soil is dry and falls into
clumps which break up into smaller clumps,
but the smaller clumps can only be broken
up with difficulty, it may be clay in any
combination with gravel, sand or silt. If the
dry soil breaks into clumps which do not
break up into small clumps and which can
only be broken with difficulty, and there is
no visual indication the soil is fissured, the
soil may be considered unfissured.
iii) Thumb penetration. The thumb penetra-
tion test can be used to estimate the
unconfined compressive strength of cohesive
soils. ( This test is based on the thumb pene-
tration test described in American Society
for Testing and Materials ( ASTM) Standard
designation D2488—‘‘ Standard Recommended
Practice for Description of Soils ( Visual—
Manual Procedure).’’) Type A soils with an
unconfined compressive strength of 1. 5 tsf
can be readily indented by the thumb; how-
ever, they can be penetrated by the thumb
only with very great effort. Type C soils with
an unconfined compressive strength of 0. 5 tsf
can be easily penetrated several inches by
the thumb, and can be molded by light finger
pressure. This test should be conducted on
an undisturbed soil sample, such as a large
clump of spoil, as soon as practicable after
excavation to keep to a miminum the effects
of exposure to drying influences. If the exca-
vation is later exposed to wetting influences
rain, flooding), the classification of the soil
must be changed accordingly.
iv) Other strength tests. Estimates of
unconfined compressive strength of soils can
also be obtained by use of a pocket pene-
trometer or by using a hand-operated
shearvane.
v) Drying test. The basic purpose of the
drying test is to differentiate between cohe-
sive material with fissures, unfissured cohe-
sive material, and granular material. The
procedure for the drying test involves drying
a sample of soil that is approximately one
inch thick ( 2. 54 cm) and six inches ( 15. 24 cm)
in diameter until it is thoroughly dry:
A) If the sample develops cracks as it
dries, significant fissures are indicated.
B) Samples that dry without cracking are
to be broken by hand. If considerable force is
necessary to break a sample, the soil has sig-
nificant cohesive material content. The soil
can be classified as a unfissured cohesive ma-
terial and the unconfined compressive
strength should be determined.
C) If a sample breaks easily by hand, it is
either a fissured cohesive material or a
granular material. To distinguish between
the two, pulverize the dried clumps of the
sample by hand or by stepping on them. If
the clumps do not pulverize easily, the mate-
rial is cohesive with fissures. If they pul-
verize easily into very small fragments, the
material is granular.
APPENDIX B TO SUBPART P OF PART
1926— SLOPING AND BENCHING
a) Scope and application. This appendix
contains specifications for sloping and
benching when used as methods of protecting
employees working in excavations from
cave-ins. The requirements of this appendix
apply when the design of sloping and bench-
ing protective systems is to be performed in
accordance with the requirements set forth
in §1926. 652( b)( 2).
b) Definitions.
Actual slope means the slope to which an
excavation face is excavated.
Distress means that the soil is in a condi-
tion where a cave-in is imminent or is likely
378
OSHA Subpart P 010910-10 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B
to occur. Distress is evidenced by such phe-
nomena as the development of fissures in the
face of or adjacent to an open excavation;
the subsidence of the edge of an excavation;
the slumping of material from the face or
the bulging or heaving of material from the
bottom of an excavation; the spalling of ma-
terial from the face of an excavation; and
ravelling, i.e., small amounts of material
such as pebbles or little clumps of material
suddenly separating from the face of an exca-
vation and trickling or rolling down into the
excavation.
Maximum allowable slope means the steep-
est incline of an excavation face that is ac-
ceptable for the most favorable site condi-
tions as protection against cave-ins, and is
expressed as the ratio of horizontal distance
to vertical rise ( H:V).
Short term exposure means a period of time
less than or equal to 24 hours that an exca-
vation is open.
c) Requirements—( 1) Soil classification. Soil
and rock deposits shall be classified in ac-
cordance with appendix A to subpart P of
part 1926.
2) Maximum allowable slope. The maximum
allowable slope for a soil or rock deposit
shall be determined from Table B–1 of this
appendix.
3) Actual slope. ( i) The actual slope shall
not be steeper than the maximum allowable
slope.
ii) The actual slope shall be less steep
than the maximum allowable slope, when
there are signs of distress. If that situation
occurs, the slope shall be cut back to an ac-
tual slope which is at least 1 2 horizontal to
one vertical ( 1 2H: 1V) less steep than the
maximum allowable slope.
iii) When surcharge loads from stored ma-
terial or equipment, operating equipment, or
traffic are present, a competent person shall
determine the degree to which the actual
slope must be reduced below the maximum
allowable slope, and shall assure that such
reduction is achieved. Surcharge loads from
adjacent structures shall be evaluated in ac-
cordance with §1926. 651( i).
4) Configurations. Configurations of slop-
ing and benching systems shall be in accord-
ance with Figure B–1.
379
OSHA Subpart P 010910-11 14047100
Pt. 1926, Subpt. P, App. B 29 CFR Ch. XVII ( 7–1–04 Edition)
Figure B–1
Slope Configurations
All slopes stated below are in the horizontal to vertical ratio)
B–1.1 Excavations made in Type A soil.
1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope
of 3 4:1.
SIMPLE SLOPE— GENERAL
Exception: Simple slope excavations which are open 24 hours or less ( short term) and which
are 12 feet or less in depth shall have a maximum allowable slope of 1 2: 1.
SIMPLE SLOPE— SHORT TERM
2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope
of 3 4 to 1 and maximum bench dimensions as follows:
380
OSHA Subpart P 010910-12 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B
SIMPLE BENCH
MULTIPLE BENCH
3. All excavations 8 feet or less in depth which have unsupported vertically sided lower por-
tions shall have a maximum vertical side of 31 2 feet.
UNSUPPORTED VERTICALLY SIDED LOWER PORTION— MAXIMUM 8 FEET IN DEPTH
All excavations more than 8 feet but not more than 12 feet in depth which unsupported
vertically sided lower portions shall have a maximum allowable slope of 1: 1 and a maximum
vertical side of 31 2 feet.
381
OSHA Subpart P 010910-13 14047100
Pt. 1926, Subpt. P, App. B 29 CFR Ch. XVII ( 7–1–04 Edition)
UNSUPPORTED VERTICALLY SIDED LOWER PORTION— MAXIMUM 12 FEET IN DEPTH
All excavations 20 feet or less in depth which have vertically sided lower portions that are
supported or shielded shall have a maximum allowable slope of 3 4: 1. The support or shield sys-
tem must extend at least 18 inches above the top of the vertical side.
SUPPORTED OR SHIELDED VERTICALLY SIDED LOWER PORTION
4. All other simple slope, compound slope, and vertically sided lower portion excavations
shall be in accordance with the other options permitted under § 1926. 652( b).
B–1. 2 Excavations Made in Type B Soil
1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable
slope of 1: 1.
SIMPLE SLOPE
2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope
of 1:1 and maximum bench dimensions as follows:
382
OSHA Subpart P 010910-14 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B
SINGLE BENCH
MULTIPLE BENCH
3. All excavations 20 feet or less in depth which have vertically sided lower portions shall
be shielded or supported to a height at least 18 inches above the top of the vertical side. All
such excavations shall have a maximum allowable slope of 1:1.
VERTICALLY SIDED LOWER PORTION
4. All other sloped excavations shall be in accordance with the other options permitted in
1926. 652( b).
B–1. 3 EXCAVATIONS MADE IN TYPE C SOIL
1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable
slope of 11 2:1.
383
OSHA Subpart P 010910-15 14047100
Pt. 1926, Subpt. P, App. B 29 CFR Ch. XVII ( 7–1–04 Edition)
SIMPLE SLOPE
2. All excavations 20 feet or less in depth which have vertically sided lower portions shall
be shielded or supported to a height at least 18 inches above the top of the vertical side. All
such excavations shall have a maximum allowable slope of 11 2: 1.
VERTICAL SIDED LOWER PORTION
3. All other sloped excavations shall be in accordance with the other options permitted in
1926. 652( b).
B–1. 4 Excavations Made in Layered Soils
1. All excavations 20 feet or less in depth made in layered soils shall have a maximum al-
lowable slope for each layer as set forth below.
384
OSHA Subpart P 010910-16 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B
385
OSHA Subpart P 010910-17 14047100
Pt. 1926, Subpt. P, App. C 29 CFR Ch. XVII ( 7–1–04 Edition)
2. All other sloped excavations shall be in accordance with the other options permitted in
1926. 652( b).
APPENDIX C TO SUBPART P OF PART
1926— TIMBER SHORING FOR TRENCHES
a) Scope. This appendix contains informa-
tion that can be used timber shoring is pro-
vided as a method of protection from cave-
ins in trenches that do not exceed 20 feet ( 6.1
m) in depth. This appendix must be used
when design of timber shoring protective
systems is to be performed in accordance
with § 1926. 652( c)(1). Other timber shoring
configurations; other systems of support
such as hydraulic and pneumatic systems;
and other protective systems such as slop-
ing, benching, shielding, and freezing sys-
tems must be designed in accordance with
the requirements set forth in §1926. 652( b) and
1926. 652( c).
b) Soil Classification. In order to use the
data presented in this appendix, the soil type
or types in which the excavation is made
must first be determined using the soil clas-
sification method set forth in appendix A of
subpart P of this part.
c) Presentation of Information. Information
is presented in several forms as follows:
1) Information is presented in tabular
form in Tables C–1. 1, C–1. 2, and C–1. 3, and Ta-
bles C–2.1, C–2.2 and C–2.3 following para-
graph ( g) of the appendix. Each table pre-
sents the minimum sizes of timber members
to use in a shoring system, and each table
contains data only for the particular soil
type in which the excavation or portion of
386
OSHA Subpart P 010910-18 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C
the excavation is made. The data are ar-
ranged to allow the user the flexibility to se-
lect from among several acceptable configu-
rations of members based on varying the
horizontal spacing of the crossbraces. Stable
rock is exempt from shoring requirements
and therefore, no data are presented for this
condition.
2) Information concerning the basis of the
tabular data and the limitations of the data
is presented in paragraph ( d) of this appen-
dix, and on the tables themselves.
3) Information explaining the use of the
tabular data is presented in paragraph ( e) of
this appendix.
4) Information illustrating the use of the
tabular data is presented in paragraph ( f) of
this appendix.
5) Miscellaneous notations regarding Ta-
bles C–1.1 through C–1.3 and Tables C–2.1
through C–2.3 are presented in paragraph ( g)
of this Appendix.
d) Basis and limitations of the data.—( 1) Di-
mensions of timber members. ( i)The sizes of the
timber members listed in Tables C–1. 1
through C–1. 3 are taken from the National
Bureau of Standards ( NBS) report, ‘‘ Rec-
ommended Technical Provisions for Con-
struction Practice in Shoring and Sloping of
Trenches and Excavations.’’ In addition,
where NBS did not recommend specific sizes
of members, member sizes are based on an
analysis of the sizes required for use by ex-
isting codes and on empirical practice.
ii) The required dimensions of the mem-
bers listed in Tables C–1. 1 through C–1. 3 refer
to actual dimensions and not nominal di-
mensions of the timber. Employers wanting
to use nominal size shoring are directed to
Tables C–2.1 through C–2.3, or have this
choice under § 1926. 652( c)(3), and are referred
to The Corps of Engineers, The Bureau of
Reclamation or data from other acceptable
sources.
2) Limitation of application. ( i) It is not in-
tended that the timber shoring specification
apply to every situation that may be experi-
enced in the field. These data were developed
to apply to the situations that are most
commonly experienced in current trenching
practice. Shoring systems for use in situa-
tions that are not covered by the data in this
appendix must be designed as specified in
1926. 652( c).
ii) When any of the following conditions
are present, the members specified in the ta-
bles are not considered adequate. Either an
alternate timber shoring system must be de-
signed or another type of protective system
designed in accordance with § 1926. 652.
A) When loads imposed by structures or
by stored material adjacent to the trench
weigh in excess of the load imposed by a two-
foot soil surcharge. The term ‘‘ adjacent’’ as
used here means the area within a horizontal
distance from the edge of the trench equal to
the depth of the trench.
B) When vertical loads imposed on cross
braces exceed a 240-pound gravity load dis-
tributed on a one-foot section of the center
of the crossbrace.
C) When surcharge loads are present from
equipment weighing in excess of 20, 000
pounds.
D) When only the lower portion of a
trench is shored and the remaining portion
of the trench is sloped or benched unless:
The sloped portion is sloped at an angle less
steep than three horizontal to one vertical;
or the members are selected from the tables
for use at a depth which is determined from
the top of the overall trench, and not from
the toe of the sloped portion.
e) Use of Tables. The members of the shor-
ing system that are to be selected using this
information are the cross braces, the
uprights, and the wales, where wales are re-
quired. Minimum sizes of members are speci-
fied for use in different types of soil. There
are six tables of information, two for each
soil type. The soil type must first be deter-
mined in accordance with the soil classifica-
tion system described in appendix A to sub-
part P of part 1926. Using the appropriate
table, the selection of the size and spacing of
the members is then made. The selection is
based on the depth and width of the trench
where the members are to be installed and,
in most instances, the selection is also based
on the horizontal spacing of the crossbraces.
Instances where a choice of horizontal spac-
ing of crossbracing is available, the hori-
zontal spacing of the crossbraces must be
chosen by the user before the size of any
member can be determined. When the soil
type, the width and depth of the trench, and
the horizontal spacing of the crossbraces are
known, the size and vertical spacing of the
crossbraces, the size and vertical spacing of
the wales, and the size and horizontal spac-
ing of the uprights can be read from the ap-
propriate table.
f) Examples to Illustrate the Use of Tables C–
1.1 through C–1.3.
1) Example 1.
A trench dug in Type A soil is 13 feet deep
and five feet wide.
From Table C–1. 1, for acceptable arrange-
ments of timber can be used.
Arrangement # B1
Space 4×4 crossbraces at six feet
hori-zontally and four feet
vertically. Wales are not
required. Space 3×8 uprights at six
feet horizontally. This arrangement is commonly
called ‘‘
skip shoring.’’
Arrangement # B2 Space 4×6 crossbraces at
eight feet hori-zontally and
four feet vertically. Space 8×8 wales
387
at four feet vertically. OSHA Subpart
Pt. 1926, Subpt. P, App. C
Space 2×6 uprights at four feet
hori-
zontally. Arrangement #
B3 Space 6×6 crossbraces at 10
feet hori-zontally and four
feet vertically. Space 8×10 wales at
four feet vertically. Space 2×6 uprights
at
five feet
hori-zontally. Arrangement # B4 Space 6×6
crossbraces at 12 feet hori-
zontally and four feet vertically. Space 10×
10 wales at four feet vertically. Spaces
3×
8 uprights at
six feet hori-zontally.2)Example 2.A trench dug in
Type B soil in 13 feet deep and five feet
wide. From Table C–1.
2
three acceptable
arrangements of members are listed. Arrangement # B1
Space 6×6 crossbraces at
six feet hori-zontally and five feet
vertically. Space 8×8 wales at five
feet
vertically. Space
2×6 uprights at two feet hori-
zontally. Arrangement # B2 Space 6×
8 crossbraces at eight feet hori-zontally
and five feet vertically. Space 10× 10
wales
at five
feet vertically. Space 2×6 uprights at
two feet hori-zontally. Arrangement #
B3 Space 8×8 crossbraces at 10
feet hori-zontally and five feet vertically.
Space 10×12
wales at five feet vertically. Space 2×6 uprights at two
feet vertically. 3)Example
3.A trench dug in Type C soil
is 13 feet deep and five
feet wide.
From Table C–1.3 two acceptable
arrange-ments of members can
be used. Arrangement # B1 Space 8×8
crossbraces at six feet hori-zontally and
five
feet vertically. Space 10× 12 wales at
five feet vertically. Position 2×6 uprights
as
closely together
as possible.If water must be retained
use special tongue and groove
29 CFR Ch. XVII ( 7–1–04 Edition)
uprights to form tight sheeting. Arrangement #B2
Space 8×10 crossbraces at eight feet
hori-zontally and five feet vertically.
Space 12×12 wales at five feet
vertically. Position 2×6
uprights in a
close sheeting configuration unless water pressure must be resisted. Tight sheeting
must be used where water must be retained. 4)
Example 4.A trench dug in Type C
soil is 20 feet deep and 11 feet
wide. The size and spacing of members for the
section of trench
that is over 15 feet in depth
is determined using Table C–
1.3.Only one arrangement of mem-
bers is provided. Space
8×10 crossbraces at six feet hori-zontally and five feet vertically.
Space 12×12 wales
at five feet vertically. Use
3× 6 tight sheeting. Use of Tables C–
2.1 through C–2.3 would fol-
low the same procedures. g)Notes for
all Tables. 1.Member sizes at spacings
other than in-dicated are to
be determined as specified in 1926. 652(c), ‘‘
Design of Protective Systems.’’2.When conditions are
saturated or sub-merged use Tight Sheeting.
Tight Sheeting refers to the use
of specially-edged timber planks (e.g.,tongue and
groove) at least three inches thick, steel sheet piling,
or similar construction that when driven or
placed in position provide a tight wall
to re-sist the lateral pressure of water and
to pre-vent
the loss of backfill material. Close Sheeting
refers to
the placement of planks side-by-side allowing
as little
space as pos-sible between them. 3.All
spacing indicated is measured center to center. 4.Wales
to be installed with greater di-mension
horizontal. 5.If the vertical distance from
the center of the lowest crossbrace to
the bottom of the trench exceeds
two and one-half feet,uprights shall be
firmly embedded or a mudsill shall be used. Where
uprights are embedded, the vertical distance from
the center of the lowest crossbrace to the
bot-tom of the trench shall not exceed 36
inches. When
mudsills are used, the vertical dis-tance shall not exceed 42
inches.Mudsills are wales
that are installed at the toe
of the trench side. 6. Trench jacks
may be used in lieu of or in
combination with timber crossbraces. 7.Placement cf crossbraces. When
the vertical spacing of crossbraces is four
feet, place the top crossbrace no more than two
feet below the top of the trench.
388
When the vertical spacing of crossbraces
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C
389
OSHA Subpart P 010910-21 14047100
Pt. 1926, Subpt. P, App. C 29 CFR Ch. XVII ( 7–1–04 Edition)
390
OSHA Subpart P 010910-22 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C
391
OSHA Subpart P 010910-23 14047100
Pt. 1926, Subpt. P, App. C 29 CFR Ch. XVII ( 7–1–04 Edition)
392
OSHA Subpart P 010910-24 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C
393
OSHA Subpart P 010910-25 14047100
Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII ( 7–1–04 Edition)
APPENDIX D TO SUBPART P OF PART
1926— ALUMINUM HYDRAULIC SHOR-
ING FOR TRENCHES
a) Scope. This appendix contains informa-
tion that can be used when aluminum hy-
draulic shoring is provided as a method of
protection against cave-ins in trenches that
do not exceed 20 feet (6.1m) in depth. This ap-
pendix must be used when design of the alu-
minum hydraulic protective system cannot
be performed in accordance with
1926. 652( c)(2).
b) Soil Classification. In order to use data
presented in this appendix, the soi1 type or
types in which the excavation is made must
394
OSHA Subpart P 010910-26 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. D
first be determined using the soil classifica-
tion method set forth in appendix A of sub-
part P of part 1926.
c) Presentation of Information. Information
is presented in several forms as follows:
1) Information is presented in tabular
form in Tables D–1. 1, D–1. 2, D–1. 3 and E–1. 4.
Each table presents the maximum vertical
and horizontal spacings that may be used
with various aluminum member sizes and
various hydraulic cylinder sizes. Each table
contains data only for the particular soil
type in which the excavation or portion of
the excavation is made. Tables D–1.1 and D–
1. 2 are for vertical shores in Types A and B
soil. Tables D–1. 3 and D1. 4 are for horizontal
waler systems in Types B and C soil.
2) Information concerning the basis of the
tabular data and the limitations of the data
is presented in paragraph ( d) of this appen-
dix.
3) Information explaining the use of the
tabular data is presented in paragraph ( e) of
this appendix.
4) Information illustrating the use of the
tabular data is presented in paragraph ( f) of
this appendix.
5) Miscellaneous notations ( footnotes) re-
garding Table D–1. 1 through D–1. 4 are pre-
sented in paragraph ( g) of this appendix.
6) Figures, illustrating typical installa-
tions of hydraulic shoring, are included just
prior to the Tables. The illustrations page is
entitled ‘‘ Aluminum Hydraulic Shoring; Typ-
ical Installations.’’
d) Basis and limitations of the data.
1) Vertical shore rails and horizontal
wales are those that meet the Section Mod-
ulus requirements in the D–1 Tables. Alu-
minum material is 6061– T6 or material of
equivalent strength and properties.
2) Hydraulic cylinders specifications. ( i) 2-
inch cylinders shall be a minimum 2-inch in-
side diameter with a minimum safe working
capacity of no less than 18, 000 pounds axial
compressive load at maximum extension.
Maximum extension is to include full range
of cylinder extensions as recommended by
product manufaturer.
ii) 3-inch cylinders shall be a minimum 3-
inch inside diameter with a safe working ca-
pacity of not less than 30, 000 pounds axial
compressive load at extensions as rec-
ommended by product manufacturer.
3) Limitation of application.
i) It is not intended that the aluminum
hydraulic specification apply to every situa-
tion that may be experienced in the field.
These data were developed to apply to the
situations that are most commonly experi-
enced in current trenching practice. Shoring
systems for use in situations that are not
covered by the data in this appendix must be
otherwise designed as specified in
1926. 652( c).
ii) When any of the following conditions
are present, the members specified in the Ta-
bles are not considered adequate. In this
case, an alternative aluminum hydraulic
shoring system or other type of protective
system must be designed in accordance with
1926. 652.
A) When vertical loads imposed on cross
braces exceed a 100 Pound gravity load dis-
tributed on a one foot section of the center
of the hydraulic cylinder.
B) When surcharge loads are present from
equipment weighing in excess of 20, 000
pounds.
C) When only the lower portion or a
trench is shored and the remaining portion
of the trench is sloped or benched unless:
The sloped portion is sloped at an angle less
steep than three horizontal to one vertical;
or the members are selected from the tables
for use at a depth which is determined from
the top of the overall trench, and not from
the toe of the sloped portion.
e) Use of Tables D–1.1, D–1.2, D–1.3 and D–
1. 4. The members of the shoring system that
are to be selected using this information are
the hydraulic cylinders, and either the
vertical shores or the horizontal wales. When
a waler system is used the vertical timber
sheeting to be used is also selected from
these tables. The Tables D–1.1 and D–1.2 for
vertical shores are used in Type A and B
soils that do not require sheeting. Type B
soils that may require sheeting, and Type C
soils that always require sheeting are found
in the horizontal wale Tables D–1.3 and D–1.4.
The soil type must first be determined in ac-
cordance with the soil classification system
described in appendix A to subpart P of part
1926. Using the appropriate table, the selec-
tion of the size and spacing of the members
is made. The selection is based on the depth
and width of the trench where the members
are to be installed. In these tables the
vertical spacing is held constant at four feet
on center. The tables show the maximum
horizontal spacing of cylinders allowed for
each size of wale in the waler system tables,
and in the vertical shore tables, the hydrau-
lic cylinder horizontal spacing is the same as
the vertical shore spacing.
f) Example to Illustrate the Use of the Tables:
1) Example 1:
A trench dug in Type A soil is 6 feet deep
and 3 feet wide. From Table D–1.1: Find
vertical shores and 2 inch diameter cylinders
spaced 8 feet on center ( o.c.) horizontally and
4 feet on center ( o.c.) vertically. ( See Figures
1 & 3 for typical installations.)
2) Example 2:
A trench is dug in Type B soil that does
not require sheeting, 13 feet deep and 5 feet
wide. From Table D–1. 2: Find vertical shores
and 2 inch diameter cylinders spaced 6. 5 feet
o.c. horizontally and 4 feet o.c. vertically.
See Figures 1 & 3 for typical installations.)
3) A trench is dug in Type B soil that does
not require sheeting, but does experience
some minor raveling of the trench face. The
395
OSHA Subpart P 010910-27 14047100
Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII ( 7–1–04 Edition)
trench is 16 feet deep and 9 feet wide. From
Table D–1. 2: Find vertical shores and 2 inch
diameter cylinder ( with special oversleeves
as designated by footnote # B2) spaced 5. 5 feet
o.c. horizontally and 4 feet o.c. vertically,
plywood ( per footnote ( g)( 7) to the D–1 Table)
should be used behind the shores. ( See Fig-
ures 2 & 3 for typical installations.)
4) Example 4: A trench is dug in pre-
viously disturbed Type B soil, with charac-
teristics of a Type C soil, and will require
sheeting. The trench is 18 feet deep and 12
feet wide. 8 foot horizontal spacing between
cylinders is desired for working space. From
Table D–1.3: Find horizontal wale with a sec-
tion modulus of 14. 0 spaced at 4 feet o.c.
vertically and 3 inch diameter cylinder
spaced at 9 feet maximum o.c. horizontally.
3×12 timber sheeting is required at
close spacing vertically. (See Figure 4 for
typical
installation.)5)Example 5: A trench is dug in Type
C soil, 9 feet deep and 4 feet wide.
Horizontal cylinder spacing in excess of 6 feet is
desired for working space. From Table D–1. 4:
Find horizontal wale with a section modulus of 7.
0 and 2 inch diameter cylinders spaced at 6.
5 feet o.c.horizontally. Or, find
horizontal wale with a 14.0 section modulus and 3
inch diameter cylinder spaced at 10 feet o.c.
hori-zontally. Both wales are spaced 4 feet o.
c.vertically. 3×12 timber sheeting
is required at close spacing vertically. (See Figure
4 for
typical installation.) g)Footnotes, and general notes,
for Tables D–1.1, D–1.2,D–1.3,and D–
1. 4.1)For applications other than
those listed in the tables, refer to §1926. 652( c)(2)for
use of manufacturer’ s tabulated data.
For trench depths in excess of 20 feet,
refer to 1926. 652( c)(2)and §1926. 652(
c)(3).2)2 inch diameter cylinders, at
this width, shall have structural
steel tube 3.5×3.5× 0.
1875) oversleeves, or structural oversleeves
of manufacturer’s specification, extending
the full,collapsed length. 3) Hydraulic
cylinders capacities. (i)2 inch cylinders shall be a
minimum 2-inch in-side diameter with
a safe working capacity of not less than 18,
000 pounds axial compres-sive load
at maximum extension. Maximum extension is to include
full range of cylinder extensions as
recommended
by product man-ufacturer.ii)3-inch cylinders shall
be a minimum 3-inch inside diameter with
a safe work capac-ity of not less than 30,
000 pounds axial com-pressive load
at maximum extension. Max-imum extension is to
include full range of cylinder
extensions as
recommended by product manufacturer. 4)All spacing
indicated is measured
cen-ter to center. 5)Vertical shoring rails
shall have a min-imum section modulus
of 0.40 inch. 6)When vertical
shores are used, there must be a minimum
of three shores spaced equally,
horizontally, in a group. 7)Plywood shall be
1.125 in. thick softwood or 0. 75 inch.
thick, 14 ply,arctic white birch (Finland
form).Please note that plywood is not
intended as a structural member, but only for
prevention of local rav-eling (sloughing of
the
trench face) between shores. 8)See appendix
C
for timber specifica-tions. 9)Wales are
calculated
for simple span conditions. 10) See appendix D,item (
d),for basis and
396
limitations of the data.OSHA Subpart
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. D
397
OSHA Subpart P 010910-29 14047100
Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII ( 7–1–04 Edition)
398
OSHA Subpart P 010910-30 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. D
399
OSHA Subpart P 010910-31 14047100
Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII ( 7–1–04 Edition)
400
OSHA Subpart P 010910-32 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. D
401
OSHA Subpart P 010910-33 14047100
Pt. 1926, Subpt. P, App. E 29 CFR Ch. XVII ( 7–1–04 Edition)
APPENDIX E TO SUBPART P OF PART 1926— ALTERNATIVES TO TIMBER SHORING
402
OSHA Subpart P 010910-34 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. F
APPENDIX F TO SUBPART P OF PART part P for excavations 20 feet or less in
1926— SELECTION OF PROTECTIVE depth. Protective systems for use in exca-
vations more than 20 feet in depth must beSYSTEMS
designed by a registered professional engi-
The following figures are a graphic sum-neer in accordance with §1926. 652 ( b) and ( c).
mary of the requirements contained in sub-
403
OSHA Subpart P 010910-35 14047100
Pt. 1926, Subpt. P, App. F 29 CFR Ch. XVII ( 7–1–04 Edition)
404
OSHA Subpart P 010910-36 14047100
Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. F
405
OSHA Subpart P 010910-37 14047100
Pt. 1926, Subpt. P, App. F 29 CFR Ch. XVII ( 7–1–04 Edition)
406
OSHA Subpart P 010910-38 14047100
DIVISION 01 – GENERAL REQUIREMENTS
DIVISION 1 – GENERAL REQUIREMENTS
SECTION 01110 – SUMMARY OF WORK
PART 1 -GENERAL
1.01 SUMMARY:
A. This Section summarizes the Work covered in detail in the complete Contract
Documents.
B. Owner: The City of Fayetteville, Arkansas, 113 West Mountain Street, Fayetteville,
AR 72701 is contracting for Work described in the Contract Documents.
1. Contract Identification: Millsap Rd./ College Ave. Inters. Impvts. & N.
Hemlock Ave Impvts.
2. Location: Fayetteville, Arkansas.
C. Engineer: The Contract Documents were prepared by Burns & McDonnell
Engineering Company, Inc., 6576 Lynch’ s Prairie Cove, Suite B, Springdale, AR
72762.
1.02 PROJECT DESCRIPTION:
THE WORK UNDER THIS CONTRACT INCLUDES, BUT IS NOT LIMITED TO:
The construction of improvements to the intersection of Millsap Road and College Avenue in Fayetteville,
Arkansas. The project is split into two separate packages.
Package 1 will be constructed first and will consist of a 700 foot extension of N. Hemlock Avenue from
Sain Street to Millsap Road. This new road connection will connect to the existing street stub out provided
south of the recently completed roundabout on Sain Street and will become the new connection between
Millsap and Sain Street as Front Street is disconnected. Improvements will consist of new curb and gutter,
new sidewalk on the west side of the road, and new drainage infrastructure
Package 2 will be constructed second and will consist of improvements to the intersection that extends
approximately 350 feet east and west of College Avenue. Left turn lanes will be added to the east and west
bound legs of the intersection as well as, new curb and gutter, new sidewalks and pedestrian
accommodations, new drainage infrastructure, and traffic signal modifications. To improve safety and
traffic flow, Front Street will be disconnected from Millsap Road. There will also be some waterline
relocation included in Package 2.
1.03 WORK BY OTHERS:
A. Work Under Other Contracts: None.
B. Work by Owner: None.
01110 Summary of Work 01110 -1
SECTION 01110 – SUMMARY OF WORK (continued)
C. Other Activities: Utility Relocations by AT& T, Ritter Communications, Cox
Communications, AEP/ SWEPCO, and Black Hills Energy. Adjacent Development.
During Stage 1 construction of Package 2, AT& T will be on site to relocate and lower
of a portion of existing fiber duct bank that crosses Millsap, east of College Avenue.
The total duration of this work is anticipated to be one week. Contractor shall
coordinate with AT& T and their utility subcontractor for scheduling of this work in
conjunction with excavating road subgrade, relocation of watermain, and installation
of new storm drainage pipe.
1.04 CONTRACTOR’ S USE OF PREMISES:
A. Exclusive Use: During the construction period, Contractor shall have full use of the
premises for execution of the Work. Use of premises is limited only by Owner’ s right
to perform duties and functions as stated in the GENERAL CONDITIONS and in this
Section.
1.05 OWNER’ S USE OF PREMISES:
A. Partial Owner Occupancy: The Owner reserves the right to occupy completed areas of
the contract, prior to Substantial Completion provided that such occupancy does not
interfere with completion of the Work. Such partial occupancy shall not constitute
acceptance of the total Work.
1.06 WORK SEQUENCE:
A. Package 1 shall be constructed first and shall be substantially complete prior to starting
on Package 2.
B. General: Construction sequence within each package shall be determined by
Contractor subject to Owner’ s need for continuous operation of existing facilities, and
subject to the requirements as indicated or specified.
C. Continuous Service of Existing Facilities: Exercise caution and schedule operations
to ensure that functioning of present facilities will not be disrupted. Shutdown of
Owner’ s operating facilities to perform the Work shall be held to a minimum length of
time and shall be coordinated with Owner who shall have control over the timing and
schedules of such shutdowns.
1.07 PREORDERED EQUIPMENT AND MATERIALS:
None.
1.08 MEASUREMENT AND PAYMENT:
A. Unit Price Contracts: All Work indicated on the Contract Drawings and specified in
the Contract Documents shall be included in the “ Unit Price Schedule” in the
Agreement. A Unit Price is an amount proposed by Contractor and stated in the
Agreement as a price per unit of measurement for materials or services.
B. Specific Items: Measurement and payment of specific items shall be as specified in
each applicable Section of the TECHNICAL SPECIFICATIONS.
01110 Summary of Work 01110 -2
SECTION 01110 – SUMMARY OF WORK (continued)
1.09 COPIES OF DOCUMENTS:
A. Furnished Copies: After execution of Agreement, Contractor will be furnished at no
cost, a maximum of three ( 3) sets of Contract Documents consisting of full-size
Contract Drawings including revised Drawings and the Project Manual, in addition to
those used in execution of the Agreement.
B. Additional Copies: Additional copies of above documents will be supplied by
Engineer upon request of Contractor and approval of Owner.
1.10 LIST OF DRAWINGS ( AND SCHEDULES):
A. Contract Drawings:
1. Each sheet of the Contract Drawings bears the following general title:
Millsap Rd./ College Ave. Inters. Impvts. & N. Hemlock Ave Impvts.
2. Individual sheet numbers and titles are as stated on SHEET INDEX.
B. Reference Drawings:
1. Reference Drawings included with the set of Contract Drawings are as stated
on SHEET INDEX.
1.11 SCHEDULE OF OWNER-SUPPLIED EQUIPMENT AND MATERIALS:
None.
PART 2 -PRODUCTS – NOT APPLICABLE.
PART 3 -EXECUTION – NOT APPLICABLE.
01110 Summary of Work 01110 -3
SECTION 01110 – SUMMARY OF WORK (continued)
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF SECTION 01110
01110 Summary of Work 01110 -4
SECTION 01250 – CONTRACT MODIFICATION PROCEDURES
PART 1 -GENERAL
1.01 SUMMARY
A. Section Includes:
1. Minor changes in the Work.
2. Proposal request.
3. Work Change Directive.
B. Related Sections:
1. DOCUMENT 00700 – GENERAL CONDITIONS.
2. Supplementary Conditions.
1.02 MINOR CHANGES IN THE WORK
A. Engineer will advise Contractor of minor changes in Work not involving an adjustment
to Contract Price or Contract Times as authorized by the DOCUMENT 00700 –
GENERAL CONDITIONS, Subparagraph 9.05 by issuing Field Orders.
1.03 PROPOSAL REQUEST
A. Owner-Initiated Proposal Requests:
1. ENGINEER may issue a Proposal Request, including detailed descriptions of
proposed changes in the Work that may require adjustment to the Contract
Price or the Contract Time.
a. If necessary, the description will include supplemental or revised
Drawings and Specifications.
b. Proposal Requests issued by ENGINEER are for information only. Do not
consider them instructions either to stop Work in progress or to execute
the proposed change.
2. CONTRACTOR shall submit cost proposal, including any request for an
extension in Contract Times, within 14 days of receipt of Proposal Request.
3. In order to facilitate checking of CONTRACTOR' s proposals for extras or
credits, all proposals, except those so minor that their propriety can be seen by
inspection, shall be accompanied by a complete itemization of cost including
labor, materials, and Subcontracts. Labor and materials shall be itemized in a
manner acceptable to the Engineer. Where major cost items are Subcontracts,
they shall be itemized also. Document each proposal for a change in cost or
time with sufficient data to support computations, including the following:
a. Include list of quantities of Products, labor, and equipment required or
eliminated and unit costs, with total amount of purchases and credits to be
made.
b. Indicate applicable taxes, delivery charges, equipment rental, and amounts
of trade discounts.
c. Indicate amounts for insurance and bonds.
d. Indicate amounts for Contractor' s overhead and profit.
e. Include justification for any change in Contract Time.
f. Include credit for deletions from Contract, similarity documented.
g. Include an updated Contractor' s Construction Schedule that indicates the
effect of the change, including, but not limited to, changes in activity
01250 Contract Modification Procedures 01250 -1
SECTION 01250 – CONTRACT MODIFICATION PROCEDURES ( continued)
duration, start and finish times, and activity relationship.
1) Use available total float before requesting an extension of the
Contract Time.
4. On Owner’ s approval of a proposal request, Engineer will issue Change Orders
for signatures by Owner and Contractor as provided in the DOCUMENT
00700 – GENERAL CONDITIONS.
a. Upon execution of a Change Order, Contractor shall promptly revise
Construction Progress Schedule and Schedule of Values accordingly.
1.04 WORK CHANGE DIRECTIVE
A. Engineer may issue a Work Change Directive, signed by Owner and Engineer,
including detailed descriptions of changes, and identifying method for determining any
change in Contract Price or Contract Time, instructing Contractor to proceed with a
change in the Work, for subsequent inclusion in a Change Order.
1. Contractor shall promptly execute the change.
2. Work Change Directives shall be issued on Owner' s standard form.
B. Contractor shall maintain detailed records for changes in the Work performed on a time
and material basis.
1. Submit an itemized account and supporting data necessary to substantiate cost
and time adjustments to the Contract.
C. Engineer will issue Change Order CONDITIONS.
D. Upon execution of a Change Order, Contractor shall promptly revise Construction
Progress Schedule and Schedule of Values for signatures by Owner and Contractor as
provided in DOCUMENT 00700 – GENERAL accordingly.
PART 2 -PRODUCTS NOT USED
PART 3 -PART 3 – EXECUTION NOT USED
END OF SECTION 01250
01250-Contract Modification Procedures 01250 -2
SECTION 01270 – UNIT PRICES
PART 1 -GENERAL
1.01 SUMMARY
A. Section Includes:
1. Submission procedures.
2. Changes of Contract Sum.
3. Description of Unit Prices.
B. Related Sections:
1. DOCUMENT 00400– BID FORM.
2. DOCUMENT 00500 – AGREEMENT.
3. DOCUMENT 00700 – GENERAL CONDITIONS.
1.02 SUBMISSION PROCEDURES
A. Insert on DOCUMENT 00400 – BID FORM, Unit Prices for Work or materials listed
in this Section.
1. Such Unit Prices shall apply for additions and deletions.
1.03 CHANGES TO CONTRACT SUM
A. Unit Prices shall constitute full compensation or credit, as the case may be, for the
complete provision, fabrication, and installation of each item listed in this Section
based solely on Work in place, including all necessary labor, product, tools, equipment,
transportation, services and incidentals, appurtenances, and connections required to
complete the Work in place, and including insurance, overhead, profit and supervision.
B. The Unit Prices are listed on DOCUMENT 00400 – BID FORM, and will apply to the
net change on any given change to the scope of Work.
C. Unit Prices accepted by the Owner and Contractor shall be identified in the Owner-
Contractor Agreement.
D. Contractor shall take measurements and compute quantities for which Unit Price items
are applicable.
1. Engineer will verify measurements and quantities.
a. Contractor shall assist Engineer by providing necessary equipment,
workers, and survey personnel as the Engineer requires.
2. Final payment for Work governed by Unit Prices will be made on the basis of
the actual measurements and quantities accepted by the Engineer multiplied
by the Unit Price for Work which is incorporated in or made necessary by the
Work.
3. Payment will not be made for any of the following:
a. Products wasted or disposed of in a manner unacceptable to Engineer.
b. Products which Engineer determines as unacceptable before or after
installation.
c. Product not completely unloaded from the transporting vehicle.
d. Products installed beyond the lines and levels of the required Work.
e. Products not installed after completion of Work.
f. Loading, hauling, and disposing of rejected Products.
01270 Unit Prices 01270 - 1
SECTION 01270 – UNIT PRICES ( continued)
1.04 DESCRIPTION OF UNIT PRICES
Measurement and Payment of specific items shall be as specified in each applicable section of
the TECHNICAL SPECIFICATIONS.
PART 2 -PART 2 – PRODUCTS
NOT USED
PART 3 -PART 3 – EXECUTION
NOT USED
END OF SECTION 01270
01270 Unit Prices 01270 -2
SECTION 01271 – MEASUREMENT AND PAYMENT
PART 1 -GENERAL
1.1 SUMMARY
A. This section includes delineation of measurement and payment criteria applicable to
unit price work related to water and sewer, whether the unit price items are part of a
unit price contract or are part of a Stipulated Price contract.
B. Defect assessment and non-payment for rejected work.
1.2 AUTHORITY
A. Measurement methods are delineated for each individual bid item under this
section.
B. The Engineer will take all measurements and compute quantities accordingly.
C. Contractor shall assist by providing necessary equipment, workers, and survey
personnel as required.
1.3 UNIT QUANTITIES SPECIFIED
A. Quantities and measurements indicated in the Bid Form are for bidding and contract
purposes only. Quantities and measurements supplied or placed in the Work and
verified by the Engineer shall determine payment.
B. If the actual Work requires more or fewer quantities than those quantities
indicated, provide the required quantities at the unit prices contracted.
1.4 MEASUREMENT OF QUANTITIES
A. Measurement by Weight: Items measured by weight will use specified standard
handbook weights unless otherwise specified in this section for an individual item.
B. Measurement by Volume: Unless herein noted differently, volume shall be
measured by cubic dimension using mean length, width and height or thickness with
survey chain, steel tape, approved distance meter, or by use of Total Surveying Stations
and Engineering Software, as approved by Engineer.
C. Measurement by Area: Unless herein noted differently, area shall be measured by
square dimension using mean length and width or radius, with survey chain, steel tape,
approved distance meter, or by use of Total Surveying Stations and Engineering
Software, as approved by Engineer.
D. Linear Measurement: Unless herein noted differently, linear measurements shall be
measured at the item centerline or mean chord, with survey chain, steel tape, approved
distance meter, or by use of Total Surveying Stations and Engineering Software, as
approved by Engineer.
E. Stipulated Price Measurement: Items measured by weight, volume, area, or linear
means or combination, as appropriate, as a completed item or unit of the Work.
1.5 PAYMENT
A. Payment Includes: Except as modified herein, payment shall be full compensation for
all required labor, products, tools, equipment, plant, transportation, services and
incidentals; erection, application or installation of an item of the Work; overhead and
profit.
B. Final payment for Work governed by unit prices will be made on the basis of the actual
measurements and quantities accepted by the Engineer multiplied by the unit price for
Work which is incorporated in or made necessary by the Work.
01271 – Measurement and Payment 01271-1
SECTION 01271 – MEASUREMENT AND PAYMENT ( continued)
1.6 DEFECT ASSESSMENT
A. Replace the Work, or portions of the Work, not conforming to specified requirements.
B. If, in the opinion of the Engineer, it is not practical to remove and replace the Work,
the Engineer will direct the following remedy:
1. The defective Work will be repaired to the instructions of the Engineer, and
the unit price will be adjusted to a new price at the discretion of the Engineer.
C. The authority of the Engineer to assess the defect and identify payment adjustment is
final.
1.7 NON-PAYMENT FOR REJECTED PRODUCTS
A. Payment will not be made for any of the following:
1. Products wasted or disposed of in a manner that is not acceptable.
2. Products determined as unacceptable before or after placement.
3. Products not completely unloaded from the transporting vehicle.
4. Products placed beyond the lines, levels or boundaries of the required Work.
5. Products remaining on hand after completion of the Work.
6. Loading, hauling and disposing of rejected Products.
7. Work performed beyond the specified limits unless authorized by the
Engineer.
1.8 BID ITEMS ( SCHEDULE C)
ITEM NO. ITEM DESCRIPTION
C1 INSURANCE AND BONDING – “ Insurance and Bonding” for item number C1 is
intended to cover those insurance and bonding costs associated directly with water
and/ or sewer work shown in the contract. Requirements, Measurements and Payment
is defined by Section 103 of the City of Fayetteville – Standard Street and Drainage
Specifications.
C2 CONSTRUCTION CONTROL AND LAYOUT – “ Construction Control and Layout”
shall conform to the Construction Requirements shall be those listed in Section 111. 03
Construction Requirements of the City of Fayetteville – Standard Street and Drainage
Specifications. Work completed, accepted and measured will be paid for at the
contract lump sum ( LS) price bid, which price shall be full compensation for furnishing
and maintaining all necessary lines, grades, and measurements; and for furnishing all
engineering personnel, equipment, materials, tools, and incidentals to complete the
work.
No adjustments in the lump sum price bid will be made for Roadway Construction
Control required due to normal increases or decreases in Contract quantities.
Partial payments for Construction Control and Layout will be made in proportion to
the amount of work accomplished on this item. No additional payment will be made
for re-staking needed to maintain the control.
01271 -Measurement and Payment 01271-2
SECTION 01271 – MEASUREMENT AND PAYMENT ( continued)
C3 TRENCH AND EXCAVATION SAFETY SYSTEMS – “ Trench and Excavation
Safety Systems” that comply with OSHA Standards 29 CFR 1926 Safety and Health
Regulations for Construction Subpart P shall be paid for on a lump sum ( LS) basis at
the unit price listed on the Unit Price Schedule. After contract award, the Contractor
shall submit to the Owner a cost breakdown for the work involved in the lump sum
price bid for Trench and Excavation Safety System for all water and sanitary sewer
facilities and shall, with each periodic payment request, submit a certification by the
competent person" as defined in 29 CFR 1926. 650( b) that the Contractor has
complied with the provisions of the OSHA Standard for Excavation and Trench Safety
Systems, 29 CFR 1926 Subpart P, for work for which payment is requested. Periodic
payments will be made in proportion to the amount of work accomplished, as
determined by the Owner, and will be full compensation for trench and excavation
safety, including all materials, labor, and incidentals necessary to perform the work.
C4 MOBILIZATION – “ Mobilization” for item number C4 is intended to cover those
mobilization costs associated directly with water and/ or sewer work shown in the
contract. Requirements, Measurements and Payment is defined by Section 511 of the
City of Fayetteville – Standard Street and Drainage Specifications.
C5, C6 X” DIA. WATER LINE ( AWWA C900 DR14) – “ X” Dia. Water Line ( AWWA C900
DR14)” shall be paid for on a linear foot ( LF) basis at the unit price listed on the Unit
Price Schedule. Work performed and accepted under this item will be measured along
the center of the excavated trench. Payment will be for all excavation, dewatering,
pipe, placement of bedding/ embedment, backfill, tracer wire, safety marker tape, joint
restraint systems, connections to existing pipes, testing and disinfecting, surface
restoration, and all other materials, labor, and incidentals necessary to perform work.
Excavation shall include, but not be limited to soil, stones, stumps, debris, concrete,
structures, footings, foundations, and any other obstacles that may obstruct the work.
TYPE
6” DIA. WATER LINE ( AWWA C900 DR14)
8” DIA. WATER LINE ( AWWA C900 DR14)
C7 TAPPING SLEEVE AND VALVE ( 8” x 8”) – “ Tapping Sleeve and Valve ( 8” X 8”)
shall be paid for by each ( EA) basis at the unit price listed on the Unit Price Schedule.
Payment shall be full compensation for all complete sleeve and valve assemblies
including excavation, concrete thrust blocking, polywrap, placement of
bedding/ embedment, backfill, surface restoration and all other materials and
equipment required to complete the tapping operation and all other related items
needed to provide a product as intended by the Contract Documents.
C8, C9 X” GATE VALVE – “ X” Gate Valve” shall be paid for by each ( EA) valve installed
complete at the unit price listed on the Unit Price Schedule. Payment shall be full
compensation for furnishing and installing the valve, valve box and lid, valve nut
extension with set screw, “ Mega-Lug” type restrained joint glands, mechanical joint
plugs, tracer wire, polywrap, thrust blocking, testing, concrete slabs around the top of
the valve boxes, and all other equipment, tools, labor, and incidentals necessary to
complete the work.
01271 -Measurement and Payment 01271-3
SECTION 01271 – MEASUREMENT AND PAYMENT ( continued)
TYPE
6” GATE VALVE
8” GATE VALVE
C10 FIRE HYDRANT ASSEMBLY INSTALLED COMPLETE – “ Fire Hydrant
Assembly Installed Complete” shall be paid for by each ( EA) fire hydrant assembly
installed complete. Payment shall be full compensation for all fire hydrants, risers as
required, auxiliary valve, valve box and lid, locked hydrant adapters, thrust blocking,
Mega-Lug” type restrained joint glands, tracer wire, concrete slab around the valve
box, paint, granular material for hydrant drainage, and all other materials, equipment,
tools, labor, and incidentals necessary to complete the fire hydrant installation.
C11, C12 WATER METER INSTALLED COMPLETE – “ Water Meter Installed Complete”
shall be paid for by each ( EA) basis for the size shown and at the unit price listed on
the Unit Price Schedule. Payment shall be full compensation for furnishing and
installing all materials and appurtenant work required to install settings and to connect
the new meter to the existing service line. Work shall include all excavation,
backfilling, tracer wire, safety marking tape, pavement repair, installing meter box,
furnishing and installing tapping saddle, corporation stop, tapping of water line,
pavement repair, and all cleanup and every other item of work necessary to provide a
product as intended by the Contract Documents.
TYPE
SINGLE WATER METER INSTALLED COMPLETE
DOUBLE WATER METER INSTALLED COMPLETE
C13 DUCTILE IRON FITTINGS– “ Ductile Iron Fittings” shall be paid for per pound ( LB)
of fitting at the unit price listed on the Unit Price Schedule. Work performed and
accepted under this item will be measured and based on standard AWWA
C153/ A21. 53 weight tables for compact mechanical joint fittings. Payment will be for
furnishing and installing and wrapping the fittings, and the required concrete reaction
backing ( with straps and/ or stainless steel all thread as required), and all other
materials, labor, and incidentals necessary to perform work.
C14 CUT, CAP, AND ABANDON EXISTING WATER LINE ( X”) – “ Cut, Cap, and
Abandon Existing Water Line ( X”)” shall be paid for by each ( EA) basis at the unit
price listed on the Unit Price Schedule. Payment shall be full compensation for
furnishing and installing all materials and necessary work required to install the
restrained mechanical joint caps, timber or post with wedges, concrete, forming,
pouring, excavation ( including rock removal if necessary), backfilling, and surface
restoration in conformance with details found in the City of Fayetteville Standard
Detail W28 found in Construction Plans and on the City’ s website.
TYPE
CUT, CAP AND ABANDON WATER LINE ( 6”)
C15 FIRE HYDRANT ASSEMBLY REMOVAL – “ Fire Hydrant Assembly Removal”
shall be paid for by each ( EA) fire hydrant assembly removed complete at the unit price
listed on the Unit Price Schedule. Work performed shall include removal of the
01271 -Measurement and Payment 01271-4
SECTION 01271 – MEASUREMENT AND PAYMENT ( continued)
existing hydrant, valves and fittings, capping of the existing main, excavation
including rock removal if necessary), backfilling, delivery of the removed materials
to the City as requested, and all related materials and work necessary to provide a
product as intended by the Contract Documents.
C16 2” DIA. COATED COPPER PIPE AND FITTINGS – “ 2” DIA. Coated Copper Pipe
and Fittings” shall be paid for on a linear foot ( LF) basis at the unit price listed on the
unit price schedule. Work performed and accepted under this item will be measured
along the center of the excavated and/ or bored trench. Payment will be for all
excavation, boring, dewatering, pipe, placement of bedding/ embedment, backfill,
tracer wire, safety marker tape, joint restraint systems, connections to existing pipes,
all fittings, testing and disinfecting, surface restoration, and all other materials, labor,
and incidentals necessary to perform work. Excavation shall include, but not be limited
to soil, stones, stumps, debris, concrete, structures, footings, foundations, and any other
obstacles that may obstruct the work.
C17 8” DIA. – REMOVE CLAY PIPE, REPLACE WITH PVC – “ 8” Dia. – Remove Clay
Pipe, Replace with PVC” shall be paid for by lump sum ( LS) for work completed to
remove clay pipe and replace with PVC as described in the plans. Lump Sum shall
include removal of existing pipe, installation of new pipe, reinforced flexible coupling
per City of Fayetteville Detail S18) at each end of the section to be replaced,
reconnection of new pipe to existing manhole and all other incidentals necessary to
complete the work, including but not limited to pump around operations while the
sewer line is taken out of service. Payment shall be made at the unit price listed on
the Unit Price Schedule. Payment shall be for all excavation, dewatering, concrete,
fittings, tracer wire, formwork, pipe, polywrap, backfill, testing, surface restoration,
and all other materials, labor, and incidentals necessary to perform work. Excavation
shall include, but not be limited to soil, stones, stumps, debris, concrete, structures,
footings, foundations, and any other obstacles that may obstruct the work. A temporary
pump around may be necessary to complete this work. Flows shall be monitored and
coordinated with the City of Fayetteville prior to scheduling the work to determine if
the line can be plugged and taken out of service temporarily, or if a pump around will
be required.
C18 16” DIAMETER STEEL CASING W/MECHANICAL LINK END SEALS AND
SPACERS ( DIRECT BURY) – “ 16” DIA. Steel Casing w/Mechanical Link End Seals
and Spacers ( Direct Bury)” shall be paid for on a linear foot ( LF) basis at the unit price
listed on the Unit Price Schedule. Work performed and accepted under this item will
be measured along the center of the excavated trench. Payment will be for all
excavation, dewatering, casing pipe including field welding and coating, placement of
bedding/ embedment, backfill, installation of carrier pipe including joint restraint
systems, casing spacers, and end seals, polywrap, surface restoration, and all other
materials, labor, and incidentals necessary to perform work. Excavation shall include,
but not be limited to soil, stones, stumps, debris, concrete, structures, footings,
foundations, and any other obstacles that may obstruct the work.
C19 SANITARY SEWER MANHOLE – REMOVE CONE, LOWER TO GRADE –
Sanitary Sewer Manhole – Remove Cone, Lower to Grade” shall be paid for by each
01271 -Measurement and Payment 01271-5
SECTION 01271 – MEASUREMENT AND PAYMENT ( continued)
EA) complete sanitary sewer manhole ( SSMH) lowered to grade per City of
Fayetteville Detail S12, at the unit price listed on the Unit Price Schedule. Payment
shall be for all excavation, dewatering, concrete, MH Adaptors, tracer wire, formwork,
frame and cover, backfill, testing, surface restoration, and all other materials, labor,
and incidentals necessary to perform work. Excavation shall include, but not be limited
to soil, stones, stumps, debris, concrete, structures, footings, foundations, and any other
obstacles that may obstruct the work.
C20 SANITARY SEWER MANHOLE – ADJUST RING TO GRADE – “ Sanitary Sewer
Manhole – Adjust Ring to Grade” shall be paid for by each ( EA) complete sanitary
sewer manhole ( SSMH) adjusted to grade per City of Fayetteville Detail S12, at the
unit price listed on the Unit Price Schedule. Payment shall be for all excavation,
dewatering, concrete, MH Adaptors, tracer wire, formwork, frame and cover, backfill,
testing, surface restoration, and all other materials, labor, and incidentals necessary to
perform work. Excavation shall include, but not be limited to soil, stones, stumps,
debris, concrete, structures, footings, foundations, and any other obstacles that may
obstruct the work.
C21 FLOWABLE FILL ABANDON 8” WATER LINE UNDER ROADWAY –
Flowable Fill Abandon 8” Waterline Under Roadway” shall be paid for on a linear
foot ( LF) basis at the unit price listed on the Unit Price Schedule. Payment shall be
full compensation to excavate ( including rock removal if necessary), saw cut the
pipe, and fully grout fill and abandon the entire existing waterline.
C22 UTILITY ADJUSTMENT – WATER VALVE / METER – “ Utility Adjustment –
Water Valve / Meter” shall be paid for by each ( EA) complete water valve or meter
adjusted to grade per City of Fayetteville specifications and details, at the unit price
listed on the Unit Price Schedule. Payment shall be for all excavation, dewatering,
concrete, adaptors, tracer wire, formwork, valve box, meter box and cover, backfill,
testing, surface restoration, and all other materials, labor, and incidentals necessary to
perform work. Excavation shall include, but not be limited to soil, stones, stumps,
debris, concrete, structures, footings, foundations, and any other obstacles that may
obstruct the work.
PART 2 -PRODUCTS
Not Used
PART 3 -EXECUTION
Not Used
END OF SECTION 01271
01271 -Measurement and Payment 01271-6
SECTION 01290 – PAYMENT PROCEDURES
PART 1 -GENERAL
1.01 SUMMARY
A. Section Includes:
1. Schedule of values.
2. Applications for payment.
B. Related Sections:
1. DOCUMENT 00700 – GENERAL CONDTIONS.
1.02 APPLICATIONS FOR PAYMENT
A. Format: Document 01290. 01 supported by Document 01290. 02 or other approved
format.
1. Owner will provide Contractor an electronic copy of Documents 01290. 01 and
01290. 02.
B. Payment Period: As specified under DOCUMENT 00700 – GENERAL
CONDITONS Article 14.
C. Preparation of Applications:
1. Present required information in typewritten form.
2. Execute application by signature of authorized officer of Contractor' s firm.
3. Indicate dollar value in each column of each line item for portion of Work
completed through the last day of the application period, and for products
properly stored in accordance with the Contract Documents through the last
day of the previous application period.
4. Round off dollar values to nearest dollar.
5. Complete every entry on form.
6. Indicate each authorized Change Order as separate items on continuation
sheet.
a. List by appropriate Change Order Number.
b. Indicate dollar value breakdown of each Change Order by each applicable
Project Manual Section.
D. Submittal Procedure:
1. Comply with DOCUMENT 00700 -GENERAL CONDITIONS Article 14.
2. Submit 5 copies of each Application for Payment.
3. Submit an updated Construction Progress Schedule with each Application for
Payment.
4. Submit waivers of mechanics liens from Contractor, Subcontractors, sub-
subcontractors, and Material and Equipment Suppliers for amounts certified
by Engineer for construction period covered by previous application for
payment.
a. Submit on form acceptable to Owner.
5. Substantiating data:
a. When Owner or Engineer requires substantiating information to support
Contractor' s application for payment, submit data justifying dollar
amounts which are in question.
01290-Payment Procedures 01290 - 1
SECTION 01290 – PAYMENT PROCEDURES ( continued)
6.
b. Provide 1 copy of data with cover letter for each copy of Application for
Payment.
1) Indicate application number and date.
2) List each item in question by continuation sheet identification.
Submit application for final payment in accordance with DOCUMENT 00700
GENERAL CONDITIONS Article 14.
PART 2 -PRODUCTS NOT USED
PART 3 -EXECUTION NOT USED
END OF SECTION 01290
01290-Payment Procedures 01290 - 2
PAY ESTIMATE #__
City of Fayetteville
Millsap Rd./ College Ave. Inters. Impvts. & N. Hemlock Ave Impvts.
Revised
Submitted
Construction Period:
Date of Estimate:
NTP Issued:
Substantial Completion:
Cal. Days #
C/O Days -$
Total Days
By:
0 -$
DIV/ 0!
REF!
Contract Time Used -$
Work Complete (% of Contract $' s)
Original Contract Amount:
Approved Change Orders:
Current Contract Amount:
Total Work to Date:
Initial Stored Materials:
Less Materials Used:
Subtotal:
Amount Due:
REF!
REF!
REF!
The contractor certifies that ( 1) title to all Work, materials, and equipment
incorporated in the work, or otherwise listed in or covered by this and all
previous Pay Estimates will pass to the Owner at time of payment free and
and clear of all liens, claims, security interests and encumbrances ( except
such as are covered by Bond acceptable to Owner indemnifying Owner
against any such lien, claim, security interest or encumbrance), and ( 2)
all Work covered by this Pay Estimate is in accordance with the Contract
Documents and is not defective.
Contractor:
Retainage Previous Periods
Retainage This Period #
Less Total Retainage ( 5%)#
Previous Payments
REF!
REF!
Signature and Date
Less Total Previous Payments -$
Approved By: City of Fayetteville ( Engineering Division)
Due and Payable This Period:# REF!
Signature and Date
SUMMARY Page 1 of 1 4/30/2026
CERTIFICATE OF SUBSTANTIAL COMPLETION
Contract Number: 26-37
Contract Title: Millsap Rd./College Ave. Inters. Impvts. & N.
Hemlock Ave. Impvts.
CONTRACTOR:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found, to the Engineer’ s best knowledge, information
and belief, to be substantially complete. Substantial Completion is the state in the progress of the Work when the
Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner
can occupy or utilize the Work for its intended use. The date of Substantial Completion of Project or portion thereof
designated above is hereby established as which is also the date of
commencement of applicable warranties required by the Contract Documents, except as stated below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not
alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
ENGINEER BY DATE
The Contractor will complete or correct the Work on the list of items attached hereto within
days from the above date of Substantial Completion.
CONTRACTOR BY DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession
thereof at ( time) on ( date).
OWNER’ S REPRESENTATIVE BY DATE
01290. 12-Substantial Completion 01290. 12 -1
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END OF DOCUMENT 01290. 12
01290. 12-Substantial Completion 01290. 12 -2
CONTRACTOR AFFIDAVIT
FOR FINAL PAYMENT
Contract Number: 26-37
Contract Title Contract Title: Millsap Rd./College Ave. Inters.
Impvts. & N. Hemlock Ave Impvts.
STATE OF )
SS
COUNTY OF )
The Undersigned, of lawful
Name)
age, being first duly sworn, states under oath as follows:
1. I am the of who is the general
Title) ( Contractor)
contractor for the City on Contract No. 26-37 and Contract Name/Title: Millsap Rd./College Ave. Inters. Impvts.
N. Hemlock Ave. Impvts.
2. All payrolls, material bills, use of equipment and other indebtedness connected with the Work for this Contract
have been paid and all claims of whatever nature have been satisfied, as required by the Contract.
3. Contractor certifies that each Subcontractor has received full payment for its respective work in connection with
the Contract.
4. This affidavit is made in behalf of the Contractor for the purpose of securing from the City of Fayetteville,
Arkansas, the certification of completion of the Contract and receiving payment therefore.
CONTRACTOR
By
Signature)
Title
On this day of , , before me
appeared , to me personally known to be the
of the ,
and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of
the as its free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above
written.
My commission expires:
Notary Public
01290. 14-Contractor Affidavit for Final Payment 01290. 14 -1
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF DOCUMENT 01290. 14
01290. 14-Contractor Affidavit for Final Payment 01290. 14 -2
SUBCONTRACTOR AFFIDAVIT
FOR FINAL PAYMENT
Contract Number: 26-37
Contract Title: Millsap Rd./College Ave. Inters. Impvts. & N.
Hemlock Ave. Impvts.
STATE OF )
SS
COUNTY OF )
The Undersigned, of lawful age, being first duly sworn,
Name)
states under oath as follows:
1. I am the of hereinafter “ Subcontractor”
Title) ( contractor)
to , general contractor on 26-37, Millsap Rd./College Ave. Inters. Impvts. & N. Hemlock
Ave. Impvts.
Name of Contractor) (Contract Number and Title)
2. All payrolls, material bills, use of equipment and other indebtedness connected with the work for this project have been paid and all claims
of whatever nature have been satisfied.
3. A total of $ has been received as full compensation for:
performed in connection with the contract. ( area / scope of work)
4. This affidavit is made in behalf of the Contractor for the purpose of securing from Fayetteville, Arkansas, the certification of completion of
the project and receiving payment therefore.
SUBCONTRACTOR
By
Signature)
Title
On this day of , , before me
appeared , to me personally known to be the
of the ,
and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of the
as its free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written.
My commission expires:
Notary Public
01290.15-Subcontr Affidavit for Final Payment 01290.15 -1
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF DOCUMENT 01290. 15
01290.15-Subcontr Affidavit for Final Payment 01290.15 -2
SECTION 01320 – PROJECT MEETINGS, SCHEDULES, AND REPORTS
PART 1 -GENERAL
1.01 Summary: This Section includes the following administrative and procedural requirements:
A. Project Meetings:
1. Preconstruction conference.
2. Progress meetings.
B. Schedules and Reports:
1. Comply with GENERAL CONDITIONS
C. Related Work Specified Elsewhere:
1. For Schedules: SECTION 01321.
1.02 PROJECT MEETINGS:
A. Preconstruction Conference:
1. Engineer will conduct a meeting within 60 days after the Effective Date of the
Agreement, to review items stated in the following agenda and to establish a
working understanding between the parties as to their relationships during
performance of the Work.
2. Preconstruction conference shall be attended by:
a. Contractor and his superintendent.
b. Engineer and Resident Project Representative if any.
c. Representative( s) of Owner.
d. At Engineer’ s option, representatives of principal Subcontractors and
Suppliers.
3. Meeting Agenda:
a. Construction schedules.
b. Critical Work sequencing.
c. Designation of responsible personnel.
d. Project coordination.
e. Procedures and Processing of:
1) Field decisions.
2) Substitutions.
3) Submittals.
4) Change Orders.
5) Applications for Payment.
6) Proposal Requests.
7) Contract Closeout.
8) Requests for Interpretation.
9) Field Orders.
10) Work Change Directives.
f. Procedures for testing.
g. Procedures for maintaining record documents.
h. Use of Premises:
1) Office, work, and storage areas.
2) Owner’ s requirements.
i. Construction facilities, controls, and construction aids.
j. Temporary utilities.
01320 Project Mtgs Sched & Reports -PDL FINAL 01320 - 1
SECTION 01320 – PROJECT MEETINGS, SCHEDULES, AND REPORTS ( continued)
k. Safety and first-aid.
l. Security.
m. Requirements for start-up of equipment.
n. Inspection and acceptance of equipment put into service during
construction period.
o. Distribution of Contract Documents
4. Location of Meeting: At or near the Project Site.
5. Reporting:
a. Within 7 working days after the meeting, Engineer will prepare and
distribute minutes of the meeting to Owner and Contractor.
b. Contractor shall provide copies to Subcontractors and major Suppliers.
B. Progress Meetings:
1. Contractor shall provide weekly updates to City staff throughout the duration
of the project following the Notice to Proceed. Each update shall include all
reports, photographs, schedules, and any other documentation as may be
requested or specified by the City. The Contractor shall submit such updates
in the format and manner directed by the City and within the deadlines
established by City staff. With Engineer’ s concurrence, Contractor may
request attendance by representatives of Subcontractors, Suppliers, or other
entities concerned with current program or involved with planning,
coordination, or performance of future activities. All participants in the
meeting shall be familiar with the Project and authorized to conclude matters
relating to the Work.
a. Contractor and each Subcontractor represented shall be prepared to discuss
the current construction progress report and any anticipated future changes
to the schedule.
2. Location of Meetings: At or near Project Site.
3. Reporting:
a. Within 7 working days after each meeting, Engineer shall prepare and
distribute minutes of the meeting to Owner and Contractor.
b. Contractor shall distribute copies to principle Subcontractors and
Suppliers.
PART 2 -PRODUCTS – Not Applicable.
PART 3 -EXECUTION – Not Applicable.
END OF SECTION 01320
01320 Project Mtgs Sched & Reports -PDL FINAL 01320 - 2
SECTION 01321 – SCHEDULE
PART 1 -GENERAL
1.01 SUMMARY
A. This Section includes procedural requirements for preparation, submittal, and updating
of Contractor' s construction progress schedules.
B. Related Work:
1. Documents affecting work of this Section include, but are not limited to:
General Conditions, Supplementary Conditions, and Sections in Division 1 of
these Specifications.
2. Section 01290 – Payment Procedures.
3. Section 01320 – Project Meetings, Schedules, and Reports.
1.02 FORMAT
A. Prepare Schedules as a Gantt chart with separate bar for each major portion of Work
or operation, identifying first work day of each week.
B. Sequence of Listings: The chronological order of the start of each item of Work.
C. Scale and Spacing: To provide space for notations and revisions.
D. Sheet Size: Minimum multiples of 8-1/2 x 11 inches.
1.03 CONTENT
A. Show complete sequence of construction by activity, with dates for beginning and
completion of each element of construction. The schedule shall clearly indicate the
sequence of construction for the various items that involve either existing and/ or
potentially relocated utilities. This schedule shall have the least negative impact on the
adjacent property owners and provide an orderly sequence that will produce the least
disruptive action for utilities and their customers.
B. Identify work of separate stages and other logically grouped activities.
C. Provide sub-schedules to define critical portions of the entire Schedule.
D. Show accumulated percentage of completion of each item, and total percentage of
Work completed, as of the cut-off date for each monthly pay estimate.
1.04 SUBMITTALS
A. Submit a finalized construction progress schedule within fifteen ( 15) days after date of
Notice of Award or at least seven ( 7) days prior to the pre-construction conference,
whichever occurs first. After review, resubmit required revised data within ten ( 10)
days.
01321 Schedule 01321 -1
SECTION 01321 – SCHEDULE ( continued)
B. Submit monthly revisions with each pay estimate in the number of opaque
reproductions that Engineer requires, plus two copies, which will be retained by
Engineer.
1.05 REVISIONS TO SCHEDULES
A. Indicate progress of each activity to date of submittal, and projected completion date
of each activity.
B. Identify activities modified since previous submittal, major changes in scope, and other
identifiable changes.
C. Provide narrative report to define problem areas, anticipated delays, and impact on
Schedule. Report corrective action taken, or proposed, and its effect.
1.06 DISTRIBUTION
A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers,
and other concerned parties.
B. Instruct recipients to promptly report, in writing, problems anticipated by projections
indicated in Schedules.
PART 2 -PRODUCTS: NOT APPLICABLE
PART 3 -EXECUTION: NOT APPLICABLE
END OF SECTION 01321
01321 Schedule 01321 -2
SECTION 01325 – CONSTRUCTION PHOTOGRAPHS
PART 1 -GENERAL
1.01 SUMMARY:
A. This Section specifies administrative and procedural requirements for construction
photographs.
1.02 SUBMITTALS:
A. Submit photographs, tapes, films and electronic media as specified in SECTION 01330
SUBMITTALS and in PART 3 – this Section.
1.03 QUALITY ASSURANCE:
A. Photographs may be taken by Contractor personnel provided the photographs are of
sufficient quality, clarity, and content to adequately indicate the status and detail of the
Work. If the quality and detail of the photographs taken by Contractor personnel is not
adequate to clearly show the condition of the Work, the Contractor shall retain the
services of a qualified and established commercial photographer experienced in
construction photography. Engineer will make the final determination of the adequacy
of the photographs.
B. Audiovisual tapes or digital recordings may be taken by Contractor personnel provided
they are of sufficient quality, clarity, and content to adequately and clearly indicate the
status and detail of the Work as well as conditions before and after the construction
activities. If the quality and detail of the recordings is not adequate to clearly show the
condition and detail of the Work as well as conditions before and after the construction
activities, Contractor shall retain the services of an established professional
electrographer experienced in the production of color audio/ video tape documentation
of the construction industry. Engineer will make the final determination of the
adequacy of the tapes and recordings.
PART 2 -PRODUCTS
2.01 PHOTOGRAPHIC REQUIREMENTS: Specified in PART 3, this Section.
PART 3 -EXECUTION
3.01 PROGRESS SITE PHOTOGRAPHS:
A. Contractor shall be responsible for photographs of the Site to show the existing and
general progress of the Work. Engineer will advise as to which views are of
interest. Photographs shall be taken of the following areas and at the following times.
1. Existing Site conditions before Site work is started. Number of views shall be
adequate to cover the Site.
2. Progress of the Work from clearing throughout construction. There shall be
four ( 4) different views taken no more than five days before the date of the
periodic Payment Application.
3. Finished Project after completion of Work. Number of views shall be
adequate to show the finished Work.
01325-Constr Photos 01325 -1
SECTION 01325 – CONSTRUCTION PHOTOGRAPHS ( continued)
4. If Project is not completed during the Contract Times or authorized extensions,
photographs shall continue to be taken at no increase in Contract Price.
B. Construction photographs may be either photographic prints or digital images.
C. Photographic Prints:
1. All prints shall be color, smooth glossy finish, 5” x 7” in size taken with full
frame 35 mm camera, and inserted into archival quality polypropylene
photographic binder pages punched for insertion into a standard 3-ring
binder. Provide binders identified by Contract name and Contract number.
D. Digital Images:
1. Submit a complete set of digital image electronic files with each submittal of
photographic prints.
a. Provide images in JPEG format, with minimum sensor size of
3.0 megapixels.
b. Submit images that have same aspect ratio as the sensor, uncropped.
E. Print Negatives:
1. Negatives for 5” x 7” prints shall be protected by roll in negative
sleeves. Negative sleeves shall be identified with Contract name and Contract
number, date of exposure, roll number, or other general identifying
information, and name of Contractor.
F. Identification:
1. Identify each photographic print on the reverse side with a label which contains
the Contract name and Contract number, date of exposure, and description of
view. Prints shall also bear the photographer’ s name or trademark.
2. Identify electronic media with date digital photographs were taken. Provide a
separate reference document which contains the Contract name and Contract
number, date of exposure, and description of each referenced view.
G. Provide three prints of each view.
H. Deliver prints and electronic media files to Engineer.
I. Deliver photographic negatives to Engineer.
3.02 AUDIO / VIDEO TAPE RECORDINGS:
A. Audio / video recordings shall be made of the entire Site showing the condition of the
Site or terrain previous to any alterations by Contractor and before disturbing of the
Site is started. Existing utilities shall be marked and construction staking shall be in
place before taping begins. A second audio / video recording shall be produced after
completion of all construction operations, showing the same view or views as close as
possible, to illustrate “ before” and “ after” conditions. This is the responsibility of
Contractor. Three days’ notice shall be given to Engineer and Owner prior to this
Work to allow them to accompany electrographer.
B. All required equipment, accessories, materials, and labor for the timely production of
this documentation shall be arranged/ furnished through Contractor.
The audio / video system shall be capable of producing bright, sharp, clear visual
images which render accurate colors free from imperfections and distortions that might
obscure recorded information during playback. The simultaneous audio record shall
01325-Constr Photos 01325 -2
SECTION 01325 – CONSTRUCTION PHOTOGRAPHS ( continued)
be made directly onto the original tapes, and shall record narration of the electrographer
clearly and audibly, with adequate volume, free from unnecessary interruptions and
distortions that might eliminate recorded information during playback.
C. Zone of Influence: Unless otherwise indicated by Engineer or Owner, the area which
might be affected by the construction operations and, therefore, shall be documented
in these tape recordings, shall be whichever of the following includes the greatest area.
1. All areas within the temporary construction right-of-ways and grading limits,
as indicated on the Contract Drawings.
2. The permanent easement for the completed improvements, as indicated on the
Contract Drawings.
3. All areas within 35 feet of the proposed improvements with an additional 20
feet of supplemental coverage in residential areas.
4. All areas within the Project Site.
D. Audio / Video Tape Production Procedures:
1. It is required that the audio / video tape recordings be produced while actually
walking the construction route or site -NOT through the use of wheeled
vehicles.
2. All video tape recordings shall display digital information continuously; this
information shall include the current time and date, showing the month, day,
and year. This information shall be audibly acknowledged by the
electrographer at appropriate times during recording sequences.
3. Each recording tape shall begin with a visual of the professional
electrographer’ s name or business trademark, followed by the current date and
time on digital display, plus audible ( and visual, if possible) indication of
Contract name and numbers, municipality, name of Contractor, and other
pertinent information. Thereafter, each recording sequence shall begin with
the current time and date, followed by the location of the electrographer,
direction of view, and description of the scene being recorded. Continuous
updates of this information, plus other pertinent comments, shall be given
throughout the recording sequence. Such audio and video records shall
include, but not be limited to, conditions of existing pavement, curbs,
sidewalks, driveways, culverts, headwalls, retaining walls, ditches, roadways,
mailboxes, fences, trees, shrubs and landscaping, major structural conditions
of residences and commercial buildings, fences, signs, headwalls, general
terrain, and similar items. Particular and detailed attention shall be given to
any defects noted, such as cracks, disturbed areas, damaged areas, or as may
be required by Engineer.
4. Representatives of Engineer and Contractor shall accompany the
electrographer during recording sessions, to assist with location of the
alignment and areas of construction activity, and identification of items and
conditions to be recorded.
5. All recordings shall be completed during periods of adequate lighting and
visibility. Sufficient lighting must be available to provide proper illumination
of shadowed areas, and proper exposure adjustments shall be made where
required. No taping shall be completed during precipitation, mist, fog, or when
more than 10% of the ground surface has snow cover.
6. Houses and buildings shall be identified visually by house number, when
visible, in such a manner that structures of the proposed system, i.e., manholes
01325-Constr Photos 01325 -3
SECTION 01325 – CONSTRUCTION PHOTOGRAPHS ( continued)
on a sewer system and hydrants on a water system, may be located by
reference.
7. Original audio / video tape recordings shall be furnished to Owner and a copy
furnished to Engineer before the start of any construction. One copy shall be
retained by Contractor.
8. Any portion of the videotape recording not conforming to the Specifications
will be rejected.
9. Any taped coverage not acceptable to Owner shall be refilmed at no additional
cost to Owner within five ( 5) days after notification of taping inadequacy.
E. Ownership and Authenticity of Original Tapes:
1. All original audio / video tape recordings shall become the property of Owner,
plus one duplicate of each shall be provided to Engineer. Each tape shall be
provided in a protective sleeve or case, identified as to Contract name and
number, production date of original recording, name of Contractor, and
electrographer’ s name or trademark. A legible copy of the log shall be
included.
3.03 ADDITIONAL PHOTOGRAPHS:
A. From time to time Engineer may issue requests for additional photographs, in addition
to periodic photographs specified. Additional photographs will be paid for by Change
Order, and are not included in the Contract Price or an Allowance.
1. Engineer will give the photographer 3 days’ notice, where feasible.
2. In emergency situations, the photographer shall take additional photographs
within 24 hours of Engineer’ s request.
3. Circumstances that could require additional photographs include, but are not
limited to:
a. Substantial Completion of a major phase or component of Work.
b. Owner’ s or Engineer’ s request for special publicity photographs.
c. Special events planned at Project Site.
d. Immediate follow-up when on-site events result in construction damage or
losses.
e. Photographs to be taken at fabrication locations away from Project Site.
f. Extra record photographs at time of final acceptance.
END OF SECTION 01325
01325-Constr Photos 01325 -4
SECTION 01420 – DEFINITIONS AND STANDARDS
PART 1 -GENERAL
1.01 SUMMARY:
A. Definitions:
1. Basic contract definitions used in the Contract Documents are defined in the
GENERAL CONDITIONS. Definitions and explanations are not necessarily
either complete or exclusive, but are general for the Work.
2. General Requirements are the provisions or requirements of DIVISION 1
Sections, and which apply to the entire Work of the Contract.
B. Related Information Specified Elsewhere: Specification standards and associations
applicable to the Work are specified in each Section.
1.02 SPECIFICATION FORMAT AND CONTENT EXPLANATIONS:
A. Specification Format: The Specifications are organized into two ( 2) major divisions
of CONTRACT DOCUMENTS and TECHNICAL SPECIFICATIONS.
B. Specification Content:
1. These Specifications apply certain conventions in the use of language and the
intended meaning of certain terms, words, and phrases when used in particular
situations or circumstances. These conventions are explained as follows:
a. Imperative and Streamlined Language: These Specifications are written
in imperative and abbreviated form. This imperative language of the
technical Sections is directed at the Contractor, unless specifically noted
otherwise. Incomplete sentences shall be completed by inserting “ shall,”
the Contractor shall,” and “ shall be,” and similar mandatory phrases by
inference in the same manner as they are applied to notes on the
Drawings. The words “ shall be” shall be supplied by inference where a
colon (:) is used within sentences or phrases. Except as worded to the
contrary, fulfill ( perform) all indicated requirements whether stated
imperatively or otherwise.
b. Specifying Methods: The techniques or methods of specifying
requirements varies throughout text, and may include “ prescriptive,”
compliance with standards,” “ performance,” “ proprietary,” or a
combination of these. The method used for specifying one unit of Work
has no bearing on requirements for another unit of Work.
c. Overlapping and Conflicting Requirements: Where compliance with two
or more industry standards or sets of requirements is specified, and
overlapping of those different standards or requirements establishes
different or conflicting minimums or levels of quality, notify Engineer for
a decision as specified in GENERAL CONDITIONS.
d. Abbreviations: Throughout the Contract Documents are abbreviations
implying words and meanings which shall be appropriately
interpreted. Specific abbreviations have been established, principally for
lengthy technical terminology and in conjunction with coordination of
Specification requirements with notations on Drawings and in
schedules. These are normally defined at first instance of
01420 Definitions & Standards 01420 - 1
SECTION 01420 – DEFINITIONS AND STANDARDS ( continued)
use. Organizational and association names and titles of general standards
are also abbreviated.
C. Assignment of Specialists: In certain instances, Specification text requires that
specific Work be assigned to specialists in the operations to be performed. These
specialists shall be engaged for performance of those units of Work, and assignments
are requirements over which Contractor has no choice or option. These assignments
shall not be confused with, and are not intended to interfere with, enforcement of
building codes and similar regulations governing the Work, local trade and union
jurisdictions, and similar conventions. Nevertheless, final responsibility for
fulfillment of Contract requirements remains with Contractor.
D. Trades: Except as otherwise specified or indicated, the use of titles such as “ carpentry”
in Specification text, implies neither that the Work must be performed by an accredited
or unionized tradesperson of corresponding generic name ( such as “ carpenter”), nor
that specified requirements apply exclusively to work by tradespersons of that
corresponding generic name.
1.03 DRAWING SYMBOLS:
A. Except as otherwise indicated, graphic symbols used on Drawings are those symbols
recognized in the construction industry for purposes indicated. Refer instances of
uncertainty to Engineer for clarification.
1.04 INDUSTRY STANDARDS:
A. Applicability of Standards: Except where the Contract Documents include more
stringent requirements, applicable construction industry standards have the same force
and effect as if bound or copied directly into the Contract Documents. Such standards
are made a part of the Contract Documents by reference and are stated in each Section.
1. Referenced standards, referenced directly in Contract Documents or by
governing regulations, have precedence over nonreferenced standards which
are recognized in industry for applicability to the Work.
2. Where compliance with an industry standard is required, standard in effect
shall be as stated in GENERAL CONDITIONS.
3. Where an applicable code or standard has been revised and reissued after the
date of the Contract Documents and before performance of Work affected, the
Engineer will decide whether to issue a Change Order to proceed with the
updated standard.
4. In every instance the quantity or quality level shown or specified shall be the
minimum to be provided or performed. The actual installation may comply
exactly, within specified tolerances, with the minimum quantity or quality
specified, or it may exceed that minimum within reasonable limits. In
complying with these requirements, indicated numeric values are minimum or
maximum values, as noted, or appropriate for the context of the
requirements. Refer instances of uncertainty to the Engineer for a decision
before proceeding.
5. Each entity engaged in construction on the Project is required to be familiar
with industry standards applicable to that entity’ s construction
01420 Definitions & Standards 01420 - 2
SECTION 01420 – DEFINITIONS AND STANDARDS ( continued)
activity. Copies of applicable standards are not bound with the Contract
Documents.
a. Where copies of standards are needed for performance of a required
construction activity, Contractor shall obtain copies directly from the
publication source.
B. Abbreviations and Names: Trade association names and titles of general standards are
frequently abbreviated. Where such acronyms or abbreviations are used in the
Specifications or other Contract Documents, they mean the recognized name of the
trade association, standards generating organization, authority having jurisdiction, or
other entity applicable to the context of the text provision.
PART 2 -PRODUCTS – Not Applicable.
PART 3 -EXECUTION – Not Applicable.
01420 Definitions & Standards 01420 - 3
SECTION 01420 – DEFINITIONS AND STANDARDS ( continued)
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF SECTION 01420
01420 Definitions & Standards 01420 - 4
SECTION 01530 – TEMPORARY BARRIERS AND CONTROLS
PART 1 -GENERAL
1.01 SUMMARY:
A. This Section includes General Requirements for:
1. Safety and protection of Work.
2. Safety and protection of existing property.
3. Barriers.
4. Security.
5. Environmental controls.
6. Access roads and parking areas.
7. Traffic control and use of roadways.
8. Railroad service.
B. Related Work Specified Elsewhere:
1. Temporary Utilities and Facilities: SECTION 01560.
PART 2 -PRODUCTS – Not Applicable.
PART 3 -EXECUTION
3.01 SAFETY AND PROTECTION OF WORK AND PROPERTY:
A. General:
1. Provide for the safety and protection of the Work as set forth in GENERAL
CONDITIONS. Provide protection at all times against rain, wind, storms,
frost, freezing, condensation, or heat so as to maintain all Work and Equipment
and Materials free from injury or damage. At the end of each day, all new
Work likely to be damaged shall be appropriately protected.
2. Notify Engineer immediately at any time operations are stopped due to
conditions which make it impossible to continue operations safely or to obtain
proper results.
3. Construct and maintain all necessary temporary drainage and do all pumping
necessary to keep excavations, floors, pits, trenches, manholes, and ducts free
of water.
B. Property Other than Owner’ s:
1. Provide for the safety and protection of property as set forth in the GENERAL
CONDITIONS. Report immediately to the owners thereof and promptly
repair damage to existing facilities resulting from construction operations.
2. Names and telephone numbers of representatives of agencies and utilities
having jurisdiction over streets and utilities in the Work area can be obtained
from Engineer for the agencies listed below. Concerned agencies or utilities
shall be contacted a minimum of 24 hours prior to performing Work, closing
streets and other traffic areas, or excavating near underground utilities or pole
lines.
a. Water.
b. Gas.
c. Sanitary sewers.
d. Storm drains.
01530 Barriers & Temp Controls 01530 -1
SECTION 01530 – TEMPORARY BARRIERS AND CONTROLS ( continued)
e. Pipeline companies.
f. Telephone.
g. Electric.
h. Municipal streets.
i. State highways.
j. City engineer.
k. Fire.
l. Police.
3. Operation of valves or other appurtenances on existing utilities, when required,
shall be by or under the direct supervision of the owning utility.
4. Where fences are to be breached on private property, the owners thereof shall
be contacted and arrangements made to ensure proper protection of any
livestock or other property thus exposed.
5. The applicable requirements specified for protection of the Work shall also
apply to the protection of existing property of others.
6. Before acceptance of the Work by Owner, restore all property affected by
Contractor’ s operations to the original or better condition.
3.02 BARRIERS:
A. General:
1. Furnish, install, and maintain suitable barriers as required to prevent public
entry, protect the public, and to protect the Work, existing facilities, trees, and
plants from construction operations. Remove when no longer needed or at
completion of Work.
2. Materials may be new or used, suitable for the intended purpose, but shall not
violate requirements of applicable codes and standards or regulatory agencies.
3. Barriers shall be of a neat and reasonable uniform appearance, structurally
adequate for the required purposes.
4. Maintain barriers in good repair and clean condition for adequate
visibility. Relocate barriers as required by progress of Work.
5. Repair damage caused by installation and restore area to original or better
condition. Clean the area.
B. Tree and Plant Protection:
1. Preserve and protect existing trees and plants at the Site which are designated
to remain and those adjacent to the Site.
2. Provide temporary barriers around each, or around each group of trees and
plants. Unless indicated or specified otherwise, construct to a height of 6 feet
around trees, and to a height to adequately protect plants.
3. Consult with Engineer and remove agreed-on roots and branches which will
interfere with construction. Employ qualified tree surgeon to remove and to
treat cuts.
4. Protect root zones of trees and plants as follows:
a. Do not allow vehicular traffic or parking.
b. Do not store materials or products.
c. Prevent dumping of refuse or chemically injurious materials or liquids.
d. Prevent puddling or continuous running water.
01530 Barriers & Temp Controls 01530 -2
SECTION 01530 – TEMPORARY BARRIERS AND CONTROLS ( continued)
5. Carefully supervise excavating, grading and filling, and subsequent
construction operations to prevent damage.
6. Remove and replace, or suitably repair, trees and plants which are damaged or
destroyed due to construction operations, and which were designated to
remain.
3.03 ENVIRONMENTAL CONTROLS:
A. Noise Control: OSHA requirements shall be adhered to for this contract.
B. Dust Control:
1. Provide positive methods and apply dust control materials to minimize raising
dust from construction operations; and to prevent airborne dust from
dispersing into the atmosphere.
2. Clean interior spaces prior to the start of finish painting and continue cleaning
on an as-needed basis until painting is finished.
3. Schedule operations so that dust and other contaminants resulting from
cleaning process will not fall on wet or newly-coated surfaces.
C. Water and Erosion Control:
1. Provide methods to control surface water to prevent damage to the Project, the
Site, or adjoining properties.
2. Plan and execute construction and earthwork by methods to control surface
drainage from cuts and fills, and from borrow and waste disposal areas, to
prevent erosion and sedimentation.
a. Hold the areas of bare soil exposed at one time to a minimum.
b. Provide temporary control measures such as berms, dikes, and drains.
3. Control fill, grading, and ditching to direct surface drainage away from
excavations, pits, tunnels, and other construction areas; and to direct drainage
to proper runoff.
4. Provide, operate, and maintain hydraulic equipment of adequate capacity to
control surface and groundwater.
5. Dispose of drainage water in a manner to prevent flooding, erosion, or other
damage to any portion of the Site or to adjoining areas.
6. Provide temporary drainage where the roofing or similar waterproof deck
construction is completed prior to the connection and operation of the
permanent drainage piping system.
7. Comply with all other requirements indicated or specified.
D. Debris Control and Clean-Up:
1. Keep the premises free at all times from accumulations of debris, waste
materials, and rubbish caused by construction operations and
employees. Responsibilities shall include:
a. Adequate trash receptacles about the Site, emptied promptly when filled.
b. Periodic cleanup to avoid hazards or interference with operations at the
Site and to maintain the Site in a reasonably neat condition.
c. The keeping of construction materials such as forms and scaffolding neatly
stacked.
d. Immediate cleanup to protect the Work by removing splattered concrete,
asphalt, oil, paint, corrosive liquids, and cleaning solutions from walls,
floors, and metal surfaces before surfaces are marred.
01530 Barriers & Temp Controls 01530 -3
SECTION 01530 – TEMPORARY BARRIERS AND CONTROLS ( continued)
2. Prohibit overloading of trucks to prevent spillages on access and haul
routes. Provide periodic inspection of traffic areas to enforce requirements.
3. Final cleanup is specified in SECTION 01780 -CONTRACT CLOSEOUT.
E. Pollution Control:
1. Provide methods, means, and facilities required to prevent contamination of
soil, water, or atmosphere by the discharge of hazardous or toxic substances
from construction operations.
2. Provide equipment and personnel, perform emergency measures required to
contain any spillages, and remove contaminated soils or liquids. Excavate and
dispose of any contaminated earth off-Site in approved locations, and replace
with suitable compacted fill and topsoil.
3. Take special measures to prevent harmful substances from entering public
waters, sanitary, or storm sewers.
4. Adhere to the Spill Prevention Control and Countermeasures Plan ( SPCCP)
requirements as stated in 40 CFR Part 112.
3.04 ACCESS ROADS AND PARKING AREAS:
A. New Temporary On-Site Roads and Parking Areas:
1. Locate roads, drives, walks, and parking facilities to provide access to
construction offices, mobilization, Work, storage areas, and other areas
required for execution of the Contract.
a. Consult with Engineer regarding any desired deviation therefrom.
b. Size of parking facilities shall be adequate to provide for needs of
Contractor’ s personnel, Resident Project Representatives, and visits to Site
by Engineer and Owner.
2. Provide access for emergency vehicles. Maintain driveways a minimum of 15
feet wide between and around combustible materials in storage and
mobilization areas.
3. Maintain traffic areas free of excavated materials, construction equipment,
snow, ice, and debris.
4. Construct temporary bridges and culverts to span low areas and allow
unimpeded drainage.
5. Keep fire hydrants and water control valves free from obstruction and
accessible for use.
6. Construction:
a. Clear areas required.
b. Fill, compact, and grade areas as necessary to provide suitable support for
vehicular traffic under anticipated loadings. Materials and construction
shall be as indicated or specified.
c. Provide for surface drainage of facilities and surrounding areas.
d. Maintain roads, walks, and parking areas in a sound, clean
condition. Repair or replace portions damaged during progress of Work.
7. Removal:
a. Completely remove temporary materials and construction when
construction needs can be met by use of permanent installation, unless
construction is to be integrated into permanent construction. Remove and
01530 Barriers & Temp Controls 01530 -4
SECTION 01530 – TEMPORARY BARRIERS AND CONTROLS ( continued)
dispose of compacted materials to depths required by various conditions
to be met in completed Work.
b. Restore areas to original, better, or specified condition at completion of
Work.
3.05 TRAFFIC CONTROL AND USE OF ROADWAYS:
A. Traffic Control:
1. The Contractor shall plan and execute the work so that interference with the
flow of traffic and the passage of pedestrians will be the minimum possible.
2. The Contractor shall be responsible for making provisions for the safe and free
passage of persons and vehicles by, over, or around the work until the project
is completed. Such provisions shall be satisfactory with the Owner and State,
County and local authority having jurisdiction in the area of work.
3. Provide, operate, and maintain equipment, services, and personnel, with traffic
control and protective devices, as required to expedite vehicular traffic flow
on haul routes, at Site entrances, on-Site access roads, and parking areas. This
includes traffic signals and signs, flagmen, flares, lights, barricades, and other
devices or personnel as necessary to adequately protect the public.
4. Remove temporary equipment and facilities when no longer required. Restore
grounds to original, better, or specified condition when no longer required.
5. When required by the State, County or local authority that traffic be
maintained over any construction work in a public or private highway, street,
road, or other vehicle traffic path, and such traffic cannot be maintained on the
alignment of the original roadbed or pavement, the Contractor shall, at his own
expense, provide and/ or construct and maintain a detour around the work.
Such detours shall be satisfactory to the Owner and to State, County, or local
authority. The Contractor shall provide and maintain all barricades, signs,
torches, lights and markers around the work as may be required by the various
agencies having jurisdiction in the work area. The Contractor shall also
provide qualified flagmen to direct traffic while working upon a highway,
street or road over which traffic must pass.
6. Excavated areas within the traffic lanes of highways, streets or roads and
pedestrian walkways shall be backfilled as soon as possible and the area
opened to traffic.
7. Bridge over open trenches where necessary to maintain traffic.
8. Consult with governing authorities to establish public thoroughfares which
will be used as haul routes and Site access. All operations shall meet the
approval of owners or agencies having jurisdiction.
9. The Contractor shall obtain permission from the applicable State, County or
local authority( ies) before closing or obstructing any public highway, street or
road. This shall include, but not necessarily be limited to, coordination with
Fire Departments, 911 services, and other emergency services.
10. The Contractor shall make the same provisions as described above for the
passage of vehicular and pedestrian traffic between private property and public
highways, streets and roads or other provisions that are satisfactory to the
Owner and the property owners involved.
01530 Barriers & Temp Controls 01530 -5
SECTION 01530 – TEMPORARY BARRIERS AND CONTROLS ( continued)
B. Maintenance of Roadways:
1. Repair roads, walkways, and other traffic areas damaged by operations. Keep
traffic areas as free as possible of excavated materials and maintain in a manner
to eliminate dust, mud, and hazardous conditions.
2. All operations and repairs shall meet the approval of owners or agencies
having jurisdiction.
3.06 RAILROAD SERVICE:
A. Maintenance:
1. Schedule operations and exercise care to avoid any interruption to continuous
service over the railroads within or adjacent to the Work area.
2. Before transporting Equipment and Materials across railroad tracks or
performing Work within any railroad right-of-way, obtain permission or any
necessary permits from the railroads.
3. The Work shall be subject to all supervision, inspection, and other conditions
required by the affected railroads.
END OF SECTION 01530
01530 Barriers & Temp Controls 01530 -6
SECTION 01560 – TEMPORARY UTILITIES AND FACILITIES
PART 1 -GENERAL
1.01 SUMMARY:
A. This Section includes requirements of a temporary nature not normally incorporated
into final Work. It includes the following:
1. Utility services.
2. Construction and support facilities.
3. Construction aids.
4. Safety and health.
5. Fire protection.
B. Related Work Specified Elsewhere:
1. Temporary Barriers and Controls: SECTION 01530.
1.02 REFERENCES:
A. American National Standards Association ( ANSI):
1. A10 Series – Safety Requirements for Construction and Demolition.
B. National Electrical Contractors Association ( NECA):
1. Electrical Design Library – Temporary Electrical Facilities.
C. National Fire Protection Association ( NFPA):
1. 10 – Portable Fire Extinguishers.
2. 70 – National Electrical Code.
3. 241 – Safeguarding Construction, Alterations, and Demolition Operations.
D. National Electrical Manufacturers Association ( NEMA).
E. Underwriters Laboratories ( UL).
1.03 SUBMITTALS:
A. Temporary Utilities: Submit reports of tests, inspections, meter readings, and similar
procedures performed on temporary utilities.
B. Implementation and Termination Schedule: Submit a schedule indicating
implementation and termination of each temporary utility within 15 days of the date
established for commencement of the Work.
1.04 QUALITY ASSURANCE:
A. Regulations: Comply with industry standards and applicable laws and regulations of
authorities having jurisdiction, including but not limited to:
1. Building Code requirements.
2. Health and safety regulations.
3. Utility company regulations.
4. Police, Fire Department, and rescue squad rules.
5. Environmental protection regulations.
B. Standards:
1. Comply with NFPA 10 and 241, and ANSI A10 Series standards “ Temporary
Electrical Facilities.”
01560 Temp Utilities & Facilities 01560 - 1
SECTION 01560 – TEMPORARY UTILITIES AND FACILITIES ( continued)
2. Comply with NEMA, NECA, and UL standards and regulations for temporary
electric service. Install service in compliance with NFPA 70.
C. Inspections: Arrange for authorities having jurisdiction to inspect and test each
temporary utility before use. Obtain required certifications and permits.
1.05 PROJECT CONDITIONS:
A. Temporary Utilities: Prepare a schedule indicating dates for implementation and
termination of each temporary utility. At the earliest feasible time, when acceptable to
Owner, change over from use of temporary service to use of the permanent service.
B. Conditions of Use: Keep temporary services and facilities clean and neat in
appearance. Operate in a safe and efficient manner. Take necessary fire prevention
measures. Do not overload facilities, or permit them to interfere with progress. Do
not allow hazardous, dangerous, unsanitary conditions, or public nuisances to develop
or persist on the Site.
PART 2 -PRODUCTS
2.01 MATERIALS AND EQUIPMENT:
A. Provide new materials and equipment. If acceptable to Engineer, undamaged
previously used materials and equipment in serviceable condition may be used.
Provide materials and equipment suitable for the use intended, of capacity for required
usage, and meeting applicable codes and standards. Comply with requirements of the
TECHNICAL SPECIFICATIONS.
B. Water: Provide potable water approved by local health authorities.
C. Water Hoses: Provide 3/4-inch ( 19-mm), heavy-duty, abrasion-resistant, flexible
rubber hoses 100 feet ( 30 m) long, with pressure rating greater than the maximum
pressure of the water distribution system. Provide adjustable shutoff nozzles at hose
discharge.
D. Electrical Outlets: Provide properly configured, NEMA-polarized outlets to prevent
insertion of 110-to 120V plugs into higher voltage outlets. Provide receptacle outlets
equipped with ground-fault circuit interrupters, reset button, and pilot light for
connection of power tools and equipment.
E. Electrical Power Cords: Provide grounded extension cords. Use hard-service cords
where exposed to abrasion and traffic. Provide waterproof connectors to connect
separate lengths of electric cords if single lengths will not reach areas where
construction activities are in progress. Do not exceed safe length-voltage ratio.
F. Lamps and Light Fixtures: Provide general service incandescent lamps of wattage
required for adequate illumination. Provide guard cages or tempered-glass enclosures
where exposed to breakage. Provide exterior fixtures where exposed to moisture.
G. Heating Units: Provide temporary heating units that have been tested and labeled by
UL, FM, or another recognized trade association related to the type of fuel being
consumed.
01560 Temp Utilities & Facilities 01560 -2
SECTION 01560 – TEMPORARY UTILITIES AND FACILITIES ( continued)
H. Fire Extinguishers: Provide hand-carried, portable, UL-rated, Class A fire
extinguishers for temporary offices and similar spaces. In other locations, provide
hand-carried, portable, UL-rated, Class ABC, dry-chemical extinguishers or a
combination of extinguishers of NFPA-recommended classes for the exposures.
Comply with NFPA 10 and NFPA 241 for classification, extinguishing agent, and size
required by location and class of fire exposure.
PART 3 -EXECUTION
3.01 TEMPORARY UTILITIES:
A. General:
1. Engage the appropriate local utility company to install temporary service or
connect to existing service. Where utility company provides only part of the
service, provide the remainder with matching, compatible materials and
equipment. Comply with utility company recommendations.
2. Provide adequate utility capacity at each stage of construction. Prior to
availability of temporary utilities at the site, provide trucked-in services as
required for start-up of construction operations.
3. Obtain and pay for temporary easements required to bring temporary utilities
to the Project Site, where the Owner’ s permanent easement cannot be used for
that purpose.
4. Furnish, install, and maintain temporary utilities required for adequate
construction, safety, and security. Modify, relocate, and extend systems as
Work progresses. Repair damage caused by installation or use of temporary
facilities. Grade the areas of Site affected by temporary installations to
required elevations and grades, and clean the area. Remove on completion of
Work or until service or facilities are no longer needed or are replaced by
authorized use of completed permanent facilities.
5. The types of temporary construction utilities and facilities required include,
but not by way of limitation, water distribution, drainage, dewatering
equipment, enclosure of Work, heat, ventilation, electrical power distribution,
lighting, hoisting facilities, stairs, ladders, and roads.
6. Inspect and test each service before placing temporary utilities in use. Arrange
for required inspections and tests by governing authorities, and obtain required
certifications and permits for use.
7. Materials used for temporary service shall not be used in the permanent system
unless so specified or acceptable to Engineer.
3.02 TEMPORARY ELECTRICITY AND LIGHTING:
A. New Service:
1. Arrange with utility company and provide service required for power and
lighting.
2. Connect temporary service in a manner directed by utility company
officials. Provide separate meter for metering of power used by all entities
authorized to be at or perform Work at the Project Site.
01560 Temp Utilities & Facilities 01560 -3
SECTION 01560 – TEMPORARY UTILITIES AND FACILITIES ( continued)
3. The electric service shall be of sufficient capacity and characteristics for the
various construction tools, machinery, lights, heating and air conditioning,
pumps, and other tools required by Contractor and his Subcontractors.
4. Provide weatherproof, grounded, power distribution system sufficient to
accommodate construction operations requiring power, use of power tools,
electrical heating, and lighting. Provide overload protection. Locate multiple
outlets spaced so that entire area of construction can be reached by power tools
on a single extension cord of 100-foot maximum length. Supply power for
electric welding, if any, from either temporary power distribution system or by
engine-driven, power-generator sets at Contractor’ s option.
5. Provide all necessary temporary wiring, panelboards, switches, outlets, and
other devices so that power and lighting is available throughout the
construction area. Include meters, transformers, overload protection
disconnects, automatic ground fault interrupters, and main distribution switch
gear. Include overcurrent protection on all conductors of the temporary
system.
6. Provide adequate artificial lighting for all areas of Work when natural light is
not adequate for Work.
a. Sufficient light shall be provided for general construction areas and floor
areas, with additional sufficient lighting for specific tasks and to meet
safety requirements.
B. Use of Existing System:
1. Owner’ s existing system shall not be used for temporary electricity.
C. Use of Permanent System:
1. Prior to use of permanent system ( facilities being constructed by Contractor)
for construction purposes, obtain written permission of Owner.
2. Maintain permanent system as specified for temporary facilities.
D. Costs of Installation and Operation:
1. Pay fees and charges for permits and applications.
2. Pay costs of installation, maintenance, removal of temporary services, and
restoration of any permanent facilities used.
3. Pay costs of electrical power used.
4. Obtain and pay costs for temporary easements required across properties other
than that of Owner.
3.03 TEMPORARY WATER:
A. New Service:
1. Arrange with utility service company to provide water for construction
purposes.
2. Connect service to water main in a manner directed by utility company
officials. Provide with meter and shut off valve near connection to the water
main.
3. Size water service to provide adequate volume for all anticipated construction
uses, and to maintain minimum required pressure.
4. Install piping with outlets located so that water is available throughout the
construction area.
01560 Temp Utilities & Facilities 01560 -4
SECTION 01560 – TEMPORARY UTILITIES AND FACILITIES ( continued)
5. Prevent freezing of water distribution system. Maintain hose connections and
outlet valves in leakproof condition.
6. Sterilize temporary water piping prior to use.
B. Use of Existing System:
1. Owner’ s existing system may be used for temporary water.
2. Make connections to existing facilities to provide water for construction
purposes.
a. Water Source: Make connections to Owner’ s service located at point
indicated or where instructed by Owner.
3. Modify, supplement, and extend system as necessary to meet temporary water
requirements and prevent overloading of existing system.
4. Regulate system to prevent interference with Owner’ s usage.
C. Use of Permanent System:
1. Prior to use of permanent system for construction purposes, obtain written
permission of Owner.
2. Prior to Use of System for Drinking Water:
a. Disinfect piping.
b. Obtain inspection and approval of governing authority.
D. Costs of Installation and Operation:
1. Pay all costs for installation, maintenance, and removal.
2. Pay all costs for water used.
3.04 TEMPORARY SANITARY FACILITIES:
A. Contractor-Furnished Facilities:
1. Furnish, install, and maintain temporary sanitary facilities for use through
construction period. Remove on completion of Work.
2. Provide for all construction workers under this Contract and representatives at
the Site.
3. Toilet facilities shall be of the chemical, aerated recirculation, or combustion
type, properly vented, and fully enclosed with a glass-fiber-reinforced
polyester shell or similar nonabsorbent material.
4. Water and sewer connected facilities may be installed to extent permitted by
governing regulations.
a. Provide lavatories, mirrors, urinals ( where applicable), and water closets
in water and sewer connected units. Provide only potable water at
lavatories. Provide individual compartments for water closets where the
unit is intended for occupancy by more than one person. Provide suitable
enclosure with nonabsorbent sanitary finish materials and adequate heat,
ventilation and lighting.
b. Provide separate toilet facilities for male and female construction
personnel as required.
5. Wash Facilities: Install potable water-supplied wash facilities at locations
convenient to construction personnel involved in the handling of compounds
and materials where wash-up is necessary to maintain a safe, healthy and
sanitary condition. Where recommended or required by governing authorities
and regulations or recognized standards provide emergency safety showers,
emergency eye-wash fountains, showers, and similar facilities. Dispose of
01560 Temp Utilities & Facilities 01560 -5
SECTION 01560 – TEMPORARY UTILITIES AND FACILITIES ( continued)
drainage properly. Supply soap and other cleaning compounds appropriate for
each condition.
6. Drinking Water Fixtures: Provide containerized tap-dispenser type drinking
water units. Provide drinking water fountains if piped potable water is
reasonably accessible from permanent or temporary lines.
7. Supply and maintain toilet tissue, paper towels, paper cups and similar
disposable materials as appropriate for each facility. Provide appropriate
covered waste containers for used material.
B. Use of Existing Facilities:
1. Not applicable.
3.05 SEWERS AND DRAINAGE:
A. General: Where sewers or drainage facilities are not available for discharge of
effluent, provide containers to remove and dispose of effluent off the Site in a lawful
manner. If existing sewers are available for temporary drainage near the Site prior to
completion of permanent sewers, provide temporary connections to remove effluent
that can be lawfully discharged into the sewers. If existing sewers cannot be used for
discharge, provide drainage ditches, dry wells, waste stabilization ponds, and similar
discharge facilities to remove effluent that can be lawfully discharged in that manner.
B. Connect temporary sewers to the municipal sewer systems in the manner directed by
the sewer department officials.
C. Maintain temporary sewers and drainage facilities in a clean, sanitary
condition. Following heavy usage, restore to normal conditions promptly. Provide
and maintain temporary earthen embankments and similar barriers in and around
construction excavations and subgrade construction, sufficient to prevent flooding by
runoff of storm water from heavy rain storms.
3.06 TEMPORARY CONSTRUCTION AIDS:
A. General:
1. Provide construction aids and equipment required by personnel and to
facilitate the execution of the Work; scaffolds, staging, ladders, stairs, ramps,
runways, platforms, railings, hoists, cranes, chutes, and other such facilities
and equipment.
2. Materials may be new or used, must be suitable for the intended purpose, and
meet the requirements of applicable codes, regulations, and standards.
3. When permanent stair framing is in place, provide temporary treads, platforms,
and railings for use by construction personnel.
3.07 TEMPORARY SAFETY AND HEALTH:
A. General: Contractor shall be responsible for development of safety and health
programs for personnel at Project Site as specified in the GENERAL CONDITIONS.
01560 Temp Utilities & Facilities 01560 -6
SECTION 01560 – TEMPORARY UTILITIES AND FACILITIES ( continued)
3.08 TEMPORARY FIRE PROTECTION:
A. General:
1. Contractor shall be responsible for development of a fire prevention and
protection program for all Work under this Contract.
2. The program shall comply with the applicable provisions for safety and
protection as set forth in the GENERAL CONDITIONS and with applicable
parts of the NFPA 10 and 241.
3. Locate fire extinguishers where convenient and effective for their intended
purpose, but not less than one extinguisher on each floor at or near such usable
stairwell.
4. Store combustible materials in containers in fire-safe locations.
5. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary
fire protection facilities, stairways, and other access routes for fighting fires.
Prohibit smoking in hazardous fire exposure areas.
6. Provide supervision of welding operations and similar sources of fire ignition.
7. Post warning and instructions at each extinguisher location, and instruct
construction personnel on proper use of extinguishers and other available
facilities at Project Site. Post local fire department telephone number on or
near each telephone instrument at Project Site.
B. Permanent Fire Protection:
1. Complete each fire protection facility at earliest reasonable date, place into
operation, and make ready for emergency use.
2. Instruct personnel at Site on availability and proper use.
3.09 INSTALLATION AND REMOVAL:
A. Relocation: Relocate construction aids as required by progress of construction, storage
limitations, or Work requirements and to accommodate requirements of Owner and
other contractors at the Site.
B. Removal: Remove temporary materials, equipment, and services when construction
needs can be met and allowed by use of permanent construction, or at completion of
the Project.
C. Repair: Clean and repair damage caused by installation or by use of temporary
facilities.
1. Remove foundations and underground installations for construction aids.
2. Grade the areas of the Site affected by temporary installations to required
elevations and clean the area.
01560 Temp Utilities & Facilities 01560 -7
SECTION 01560 – TEMPORARY UTILITIES AND FACILITIES ( continued)
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF SECTION 01560
01560 Temp Utilities & Facilities 01560 -8
SECTION 01580 – PROJECT IDENTIFICATION SIGNS
PART 1 -GENERAL
1.01 SUMMARY:
A. This Section includes basic requirements for temporary Project identification and
informational signs required during construction.
B. Related Work Specified Elsewhere:
1. Submittals: Section 105, Standard Specifications for Street and Drainage
Construction
2. Traffic Control signs specified elsewhere.
1.02 QUALITY ASSURANCE:
A. Design sign and structure to withstand wind and environmental conditions of
locality. Provide with finish adequate to withstand weathering, fading, chipping, and
peeling for duration of construction.
1.03 SUBMITTALS:
A. Submit as specified in Section 105, Standard Specifications for Street and Drainage
Construction
B. Includes, but not limited to, the following:
1. Shop Drawings and product data as applicable.
2. Show content, layout, lettering, colors, structure, and foundation.
PART 2 -PRODUCTS
2.01 IDENTIFICATION SIGNS:
A. Project Identification:
1. Construct structure and framing of wood or metal, structurally adequate to
resist design requirements of locality.
2. Construct sign surface of minimum 3/4 inch thickness exterior grade plywood
with medium density overlay. Panels shall be of size to minimize
joints. Overall size shall be 4’ x 8’.
3. Rough hardware shall be galvanized or aluminum.
4. Coating: Paint-colors selected by Owner.
5. Information Content:
a. Project title, logo, and name of Owner as shown on Contract Documents.
b. Names and titles of authorities.
c. Name, title and address of Engineer.
d. Name of prime Contractor and major Subcontractors.
e. Any additional information requested by Owner.
B. Contractor Identification: If not part of Project identification sign, provide and install
Contractor’ s standard sign.
01580-Project Ident & Signs 01580 -1
SECTION 01580 – PROJECT IDENTIFICATION AND SIGNS ( continued)
2.02 INFORMATIONAL SIGNS:
A. Construction:
1. This includes signs for traffic, construction workers, and general public in
regards to directions, warnings, hazards, locations of areas, facilities,
equipment, and others of a similar nature.
2. Provide signs of design, size, color, and lettering as required by regulatory
agencies. Signs shall be painted metal, wood, plastic, or fiberglass and of
materials suitable for the conditions in which they are placed, such as
weathering and fading.
3. Construct structure and framing of wood or metal, structurally adequate to
resist design requirements of area of Project.
PART 3 -EXECUTION
3.01 INSTALLATION:
A. Project and Contractor Identification Sign:
1. Install in appropriate location so as not to obstruct traffic, pedestrians, or
construction operations.
2. Erect on framing or foundation, and rigidly brace.
3. Maintain sign in good repair, in a clean and neat condition.
4. Remove upon completion of Project.
B. Informational Signs:
1. Install at appropriate locations and in sufficient quantities to assure
visibility. Relocate as required by progress of Work.
2. Maintain signs in good repair, in a neat, clean, readable condition.
3. Remove all signs, framing, supports, and foundations upon completion of
Project.
END OF SECTION 01580
01580-Project Ident & Signs 01580 -2
DIVISION 02 – TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATION
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
All Work shall be performed in accordance with the latest edition of the City of Fayetteville Standard
Specifications for Street and Drainage Construction and the 2022 edition of the City of Fayetteville
Standard Specifications for Design and Construction of Water Lines and Sewer Lines, unless otherwise
noted.
Where notes, details, or special provisions reference Arkansas Department of Transportation standards,
the Arkansas Department of Transportation Standard Specifications for Highway Construction, 2014
Edition shall be applied. When applied, Section 101, Definition and Terms of the Standard Specifications
shall be used for the application of the referenced Divisions, Sections, and Special Provisions to the Work
with the following modifications:
Commission”, “ Department”, and “ Director” shall refer to the “ Owner” as defined in the
CONTRACT DOCUMENTS.
Engineer” and “ Resident Engineer” shall refer to the “ Engineer” as defined in the CONTRACT
DOCUMENTS.
Where conflicts between these Technical Specifications and the CONTRACT DOCUMENTS exist, the
CONTRACT DOCUMENTS shall govern.
STANDARD
SPECIFICATIONS
FOR
STREET AND DRAINAGE
CONSTRUCTION
City of Fayetteville
DIVISION 100. GENERAL PROVISIONS .............................................. 5
Section 101. Definitions and Terms ....................................................................... 5
Section 102. ARDOT Standard Specificatons by Reference (Current Edition) ....15
Section 103. Insurance and Bonding ................................................................... 15
Section 104. Scope of Work ................................................................................16
Section 105. Control of Work ............................................................................... 17
Section 106. Control of Material ..........................................................................27
Section 107. Quality Control Requirements ......................................................... 30
Section 108. Legal Relations and Responsibility to the Public ............................34
Section 109. Prosecution and Progress............................................................... 41
Section 110. Measurement and Payment ............................................................48
Section 111. Roadway Construction Control ....................................................... 51
Section 112. Trench and Excavation Safety Systems .........................................52
DIVISION 200. EARTHWORK ............................................................. 54
Section 201. Clearing, Grubbing, and Demolition ................................................54
Section 202. Excavation and Embankment ......................................................... 56
Section 203. Subgrade Preparation .....................................................................61
Section 204. Select Grading and Topsoil............................................................. 62
Section 205. Undercut and Stone Backfill ............................................................64
DIVISION 300. STORM DRAINAGE ................................................... 66
Section 301. Storm Drainage Pipe ......................................................................66
Section 302. Drop Inlets and Junction Boxes ......................................................69
Section 303. Concrete Box Culverts ....................................................................71
Section 304. Vacant.............................................................................................73
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Standard Street and Drainage Specifications
Section 305. Open Channels ............................................................................... 73
Section 306. Filter Blanket and Riprap ................................................................75
Section 307. Flowable Select Material ................................................................. 77
DIVISION 400. BASE AND PAVING ................................................... 79
Section 401. Aggregate Base Course ................................................................. 79
Section 402. Prime and Tack Coats .................................................................... 80
Section 403. Asphalt Concrete Hot Mix ...............................................................82
Section 404. Asphalt Concrete Hot Mix Base Course.......................................... 88
Section 405. Asphalt Concrete Patching for Maintenance of Traffic ....................90
Section 406. Asphalt Concrete Hot Mix Patching of Existing Roadway ...............91
DIVISION 500. MISCELLANEOUS CONSTRUCTION ........................ 92
Section 501. Concrete Curb and Gutter ...............................................................92
Section 502. Concrete Sidewalks ........................................................................ 93
Section 503. Driveway Construction or Reconstruction .......................................95
Section 504. Headwalls and Retaining Walls ......................................................96
Section 505. Seeding and Sodding ..................................................................... 98
Section 506. Mailboxes ......................................................................................103
Section 507. Pavement Markings ......................................................................104
Section 508. Street Signs ..................................................................................107
Section 509. Erosion Control .............................................................................108
Section 510. Traffic Control and Maintenance ...................................................111
Section 511. Mobilization ...................................................................................114
Section 512. Fences ..........................................................................................115
Section 513. Handicap Ramps ..........................................................................120
Section 514. Project Signs .................................................................................121
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City of Fayetteville
Section 515. Handrail ........................................................................................ 122
Section 516. Cold Milling Asphalt Pavement .....................................................123
Section 517. Tree Protection Fencing ............................................................... 124
DIVISION 600. MATERIALS ............................................................. 125
Section 601. Cast-in-Place Concrete .................................................................125
Section 602. Reinforcing Steel .......................................................................... 139
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Standard Street and Drainage Specifications
DIVISION 100. GENERAL PROVISIONS
Section 101. Definitions and Terms
101.01 Abbreviations and Definitions. Whenever the following abbreviations are used in
these specifications or on the plans, they are to be construed the same as the respective
expressions represented:
a) Industry Abbreviations.
ACI American Concrete Institute
AASHTO American Association of State Highway and Transportation Officials
ADPCE Arkansas Department of Pollution Control and Ecology
AGC Associated General Contractors of America
AIA American Institute of Architects
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
ARA American Railway Association
ARDOT Arkansas Department of Transportation
AREA American Railway Engineering Association
ARTBA American Road and Transportation Builders Association
ASCE American Society of Civil Engineers
ASTM American Society for Testing and Materials
ATSSA American Traffic Safety Service Association
AWPA American Wood Preservers Association
AWS American Welding Society
AWWA American Water Works Association
CoE U.S. Army Corps of Engineers
CRSI Concrete Reinforcing Steel Institute
FHWA Federal Highway Administration
FSS Federal Specifications and Standards, General
ITE Institute of Traffic Engineers
MIL Military Specifications
MUTCD Manual on Uniform Traffic Control Devices for Streets and Highways
NEMA National Electrical Manufacturers Association
OSHA Occupational Safety and Health Administration
SAE Society of Automotive Engineers
SSPC Steel Structures Painting Council
UL Underwriter’ s Laboratory
USC United States Code
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City of Fayetteville
b) Contract Abbreviations for Construction Work
AC Asphalt Cement ACHM Asphalt Concrete Hot Mix
ACTD Actuated ADJ Adjusted
AGG Aggregate( s) ALUM Aluminum
APPL Application APPR Approach
ASPH Asphalt ASSY Assembly
AST Asphalt Surface Treatment AUTO Automatic
BIND Binder BIT Bituminous
BLDG Building(s) BLDG Building(s)
BLKT Blanket BNG( S) Bearing( s)
BR Bridge(s) BST Bituminous Surface
Treatment
C & G Curb and Gutter CA Corrugated Aluminum
cc cubic centimeter( s) CD Compacted Depth
CEM Cement CL Class
CLVT( S) Culvert( s) CM Corrugated Metal
CMBN Combination CNTL Control, Controller
COMP Compaction, CONC Concrete
Controller CONST Construction
CONT Continuous, CORR Corrugated
Continuously CR Crushed
CRS Course( s) CS Corrugated Steel
CTD Coated CU,cu Cubic
DBL Double DI Drop Inlet( s)
DWY(S) Driveway(s)
EMUL Emulsified EWK Earthwork
EXC Excavation EXP Expansion
F & I Furnish and Install FDN Foundation
FES Flared End Section(s) FNC Fence(s)
FURN Furnish, Furnishing
GA Gage, Gauge GALV Galvanized
GR Grade, Graded GRVL Gravel
ha hectare(s) HI High Intensity
HM Hot Mix HMA Hot Mix Asphalt
HMAS Hot Mix Asphalt Stabilized
INST Install, Installing, Installation
j joule(s)
kg kilogram( s) kL kilometer( s)
km/h kilometers per hour KPa kilopascal(s)
L liter( s) LAB Laboratory
m meter(s) mm millimeter(s)
MA Mineral Aggregate MAINT Maintenance
MATL Material(s) MES Mitered End Section(s)
MET Metal MG 1000 Gallons
MIN Mineral MOB Mobilization
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Standard Street and Drainage Specifications
MOD Modified MPa MegaPascal( s)
MRK Marking(s) msta metric station
mton 1000 kilograms
NO Number(s) NON MET Non-Metallic
NON REINF Non-Reinforced NPDES National Pollutant Discharge
Elimination System
OCT Octagonal OFF Office
Pa Pascal(s) PC Portland Cement
PIL Piles, Piling PM Plant Mixed
ppm parts per million PRCST Precast
PRFMD Preformed PROC Process, Processing
PVC Polyvinylchloride PVMT Pavements(s)
PVNG Paving
QPL Qualified Products List QUAD Quadruple
QUINT Quintuple
R & D Removal and Disposal RC Reinforced Concrete
RDWY Roadway( s) RECOMP Recompact( ed),
RECON Reconstruct(ed) Recompaction
REFL Reflectorized REHAB Rehabilitate, Rehabilitation
RELOC Relocate, Relocation REMV Removal, Removing,
RELP Replace, Replacing Removed
RESTOR Restoration RESTEEL Reinforcing Steel
RMC Rigid Metallic Conduit RNMC Rigid Non-Metallic Conduit
SCAR Scarify, Scarifying SGNL(S) Signal(s)
SHLD( S) Shoulder( s) SPEC Special
sq Square Sta Station (100 feet)
STAB Stabilized, Stabilization STKPL Stockpile, Stockpiling
STL Steel STN Stone
STR( S) Structure( s) STRL Structural
SURF Surface, Surfacing SWPPP Storm Water Pollution
SYS System, Systems Prevention Plan
TEMP Temporary TERM Terminal
THERMPL Thermoplastic TMBR Timber
TRAF Traffic TRPL Triple
TRMT Treatment TRTD Treated
TY Type
UNCL Unclassified UNTRTD Untreated
UT Uniform Thickness VAR Variable
VEH Vehicle( s)
m micrometer ( 1 x 10-6 m )
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City of Fayetteville
c) Definitions. Whenever in these specifications or in other contract documents the following
terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as
follows:
Addenda. Written or graphic instruments issued prior to the opening of Bids which clarify,
correct or change the bidding documents or the Contract Documents.
Advertisement. The public announcement, as required by law, inviting bids for work to be
performed or materials to be furnished.
ARDOT Standard Specifications. The Standard Specifications for HIGHWAY
CONSTRUCTION, Arkansas Department of Transportation, Edition of 2014 or latest version,
unless version date indicated otherwise.
Agreement. The written agreement between Owner and Contractor covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part thereof as
provided therein. The terms Agreement and Contract are used interchangeably.
Award. The acceptance by the City of a proposal.
Bid. The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices
for the Work to be performed. The terms Bid and Proposal are used interchangeably.
Bid Bond. The security furnished with a bid to guarantee that the bidder will enter into the
Contract if the bid is accepted.
Bidder. An individual, partnership, corporation or joint venture submitting a bid for the
advertised work. (The terms “ Bidder” and “ Contractor” are frequently used synonymously.)
Bid Proposal Form. The approved form on which the Owner requires bids to be prepared and
submitted for the work.
Business Day. Any calendar day except Saturdays, Sundays, and City recognized holidays. If a
holiday falls on Saturday or Sunday, the observed day shall be the Friday preceding the Saturday
or the Monday following the Sunday.
Calendar Day. Any day shown on the calendar, beginning and ending at midnight. If a day is
not identified by any other modifier, it shall be considered a calendar day.
Change Order. A written order issued by the Owner to the Contractor, covering changes in the
plans or quantities or both, within the scope of the Contract and establishing the basis of payment
and time adjustments for the work affected by the changes.
City. The City of Fayetteville, Arkansas, including authorized representatives.
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Standard Street and Drainage Specifications
City Engineer. An Engineer employed by the City responsible for construction administration
and inspection of projects for which the City is the Owner.
Construction Field Change. A written order issued by the Owner covering minor changes in
the work, but which does not involve a change in the Contract Price or the Contract Time.
Construction Observer. The Engineer’ s or City’ s designated personnel appointed to observe the
Work. Multiple construction observers may be designated.
Contract. The written agreement between the City and the Contractor setting forth the
obligations of the parties thereunder, including, but not limited to, the performance of the work,
the furnishing of labor and materials, and the basis of payment. ( The Contract includes the
contract form; the contract schedule of prices; the payment and performance bonds;
specifications, supplemental specification, and special provisions; general and detailed plans; and
any change orders and agreements that are required to complete the construction of the work in
an acceptable manner, including authorized extensions thereof, all of which constitute one
instrument.)
Contract Documents. The Contract Documents includes the executed Agreement; Addenda
which pertain to the Contract Documents); Advertisement for Bids; Information for Bidders,
Contractor’ s Bid ( including documentation accompanying the Bid and any Post-Bid
documentation submitted prior to the Notice of Award) when attached as an exhibit to the
Agreement; List of proposed Subcontractors; the Bonds; the Specifications; Special Provisions,
Supplementary Conditions, Certificates of Insurance; the Plans (Drawings) as the same are more
specifically identified in the Agreement; together with all written modifications, Change Orders
and Engineer’s written interpretations and clarifications issued on or after the Effective Date of
the Agreement. Approved Shop drawings and the reports and drawings of subsurface and
physical conditions are not Contract Documents. Only printed or hard copies of the items listed
in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics
and the like that may be furnished by Owner to Contractor are not Contract Documents.
Contract Item (Pay Item). A specifically described unit of work for which a price is provided
in the Contract.
Contract Time. The number of working days allowed for completion of the Contract. If a fixed
date of completion is shown in the proposal, the Contract shall be completed by that calendar
date.
Contractor. The individual, partnership, corporation, or any combination thereof, or joint
venture contraction with the City for the prescribed work. (The terms “ Contractor” and “ Bidder”
are frequently used synonymously.)
Culvert. Any structure not classified as a bridge that provides an opening under the roadway.
Defective. An adjective which when modifying the word Work refers to Work that is
unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not
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City of Fayetteville
meet the requirements of any inspection, test or approval referred to in the Contract Documents,
or has been damaged prior to final payment.
Effective Date of Agreement. The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated it means the date on which the Agreement is signed and
delivered by the last of the two parties to sign and deliver.
Engineer. The Engineer of record, acting directly or through duly authorized representatives,
whose engineering seal appears on the plans and specifications.
Equipment. All machinery and equipment, together with the necessary supplies for upkeep and
maintenance, and tools and apparatus necessary for the proper construction and acceptable
completion of the work.
Extra Work. An item of work not provided for in the Contract as awarded but found essential to
the satisfactory completion of the Contract within its intended scope.
Extra Work Order. A change order concerning the performance of work or furnishing of
materials involving extra work. ( Such extra work may be performed at agreed prices or on a
force account basis as provided elsewhere in these specifications.)
Holidays. The City observes the following legal holidays: New Year’ s Day, Martin Luther King
Jr. Day, President’ s Day, Memorial Day, Independence Day, Labor Day, Veteran’ s Day,
Thanksgiving Day and the following day, Christmas Eve, December 24; and Christmas Day,
December 25. If a holiday falls on Saturday or Sunday, the observed day shall be the Friday
preceding the Saturday or the Monday following the Sunday.
Incidental item. Work shown on the plans but for which there is no bid item included. This
work shall not be paid for separately; rather the cost of the work is considered to be included in
the contract amount bid for the project.
Laboratory. The Quality Control Testing Laboratory of the City or any other testing laboratory
that may be designated by the City.
Materials. Any substances specified for use in the construction of the project and its
appurtenances.
Milestone. A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work for which liquidated
damages may or may not apply.
Notice of Award. The written notice by Owner to the apparent successful Bidder stating that
upon timely compliance by the apparent successful Bidder with the conditions listed therein,
Owner will sign and deliver the Agreement.
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Standard Street and Drainage Specifications
Notice to Contractors. The advertisement for proposals for all work or materials on which bids
are required indicating with reasonable accuracy the quantity and location of the work to be
done, or the character and quantity of the materials to be furnished; and the time and place of the
opening of proposals.
Notice to Proceed. A written notice given by Owner to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform his
obligation under the Contract Documents. Notice to Proceed is also referred to as Work Order.
Observer. See Construction Observer.
Owner. The City of Fayetteville, Arkansas, and/or the duly authorized agent of the City of
Fayetteville, Arkansas, with whom Contractor has entered in the Agreement and for whom the
Work is to be performed.
Pavement Structure. The combination of subbase, base course, and surface course placed on a
subgrade to support the traffic load and distribute it to the roadbed.
Payment Bond. The approved form of security, executed by the Contractor and his/ her Surety or
Sureties, guaranteeing the payment of all legal debts of the Contractor pertaining to the
construction of the project.
Performance Bond. The approved form of security, executed by the Contractor and his/ her
Surety or Sureties, guaranteeing complete performance of the Contract and all supplemental
agreements thereto.
Plans. The approved plans, profiles, typical cross-sections, working drawing, and supplemental
drawings, or exact reproductions thereof, which show the location, character, dimensions, and
details of the work to be done. ( The Title Sheet of the plans is provided for general information
only and is not to be taken as an all-inclusive description of the work. Other work and/or
locations may be included in the Project as described by the plans, specifications, supplemental
specifications, and special provisions.) The term Drawings and Plans are used interchangeably.
Profile Grade. Unless otherwise shown on the plans, the trace of a vertical plane intersecting the
top surface of the proposed wearing surface, usually along the longitudinal centerline of the
roadbed. ( Profile grade means either the elevation or gradient of such trace according to the
context.)
Project. The specific section of the highway together with all appurtenances and construction to
be performed thereon under the Contract.
Proposal. The offer of a bidder, on the prescribed form, to perform the work and to furnish the
labor and materials at the unit prices quoted.
Proposal Form. The approved form on which the City requires bids to be prepared and
submitted for the work.
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City of Fayetteville
Proposal Guaranty. The security furnished with a bid to guarantee that the bidder will enter into
the Contract if the bid is accepted.
Prospective Bidder. An individual, partnership, corporation, or joint venture who has requested
and been issued a proposal form from the City.
Qualified Products List. A list of products that are approved for use in Highway Contracts with
the Arkansas Department of Transportation. The QPL is maintained by ARDOT.
Registered Professional Engineer. An Engineer registered in the State of Arkansas by the
Arkansas State Board of Registration for Professional Engineers and Land Surveyors. All details,
drawings, calculations, and reports submitted by the registrant as required by these specifications
shall be certified, signed, and stamped with the seal or facsimile thereof as authorized by the
Board.
Registered Professional Land Surveyor. A Land Surveyor registered in the State of Arkansas
by the Arkansas State Board of Registration for Professional Engineers and Land Surveyors. All
details, drawings, calculations, and reports submitted by the registrant as required by these
specifications shall be certified, signed, and stamped with the seal or facsimile thereof as
authorized by the Board.
Registered Scale Mechanic. A person registered with the Arkansas Bureau of Standards,
Division of Weights and Measures, as being qualified by training and experience to make
adjustments and repairs to commercial scales and performs such work as a skilled trade.
Right-of-Way. A general term denoting land, property, or interest therein, acquired for or
devoted to highway purposes.
Road. A general term denoting a public way for purposes of vehicular travel, including the entire
area within the right-of-way.
Roadbed. The graded portion of a highway within top and side slopes, prepared as a foundation
for the pavement structure and shoulders.
Roadside. A general term denoting the area adjoining the outer edge of the roadway. (Extensive
areas between the roadways of a divided highway may also be considered roadside.)
Roadway. The portion of a highway within limits of construction, or as defined in other sections.
Shop Drawings. All drawings, diagrams, illustration, schedules and other data which are
specifically prepared by Contractor, Subcontractor, manufacturer, fabricator, supplier or
distributor to illustrate some portion of the Work.
Shoulder. The portion of the roadway contiguous with the traveled way for accommodation of
stopped vehicles for emergency use, and for lateral support of base and surface courses.
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Standard Street and Drainage Specifications
Sidewalk. That portion of the roadway constructed primarily for the use of pedestrians.
Sieve. U.S.A. Standard Series, as defined in AASHTO M 92. Percent passing or retained is by
weight.
Special Provisions. Additions and revisions to the standard and supplemental specifications
covering conditions peculiar to an individual project.
Specifications. A general term applied to all directions, provisions, and requirements pertaining
to performance of the work.
Standard Specifications. This printed book of Standard Specifications for Street and Drainage
Construction. Unless otherwise noted, the Edition in effect on the date of advertisement.
Station. A station when used as a definition or term of measurement will be 100 linear feet
measured horizontally.
Street. A general term denoting a public way for purposes of vehicular travel, including the
entire area within the right-of-way.
Structures. Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes,
endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and other features that
may be encountered in the work and not otherwise classed herein.
Subcontractor. An individual, firm, or corporation to whom the Contractor sublets part of the
work.
Subgrade. The top surface of a roadbed upon which the pavement structure and shoulders are
constructed.
Substantial Completion. A condition upon which the work has progressed to the point that it
can be utilized for the purposes intended; as evidenced by a Certificate issued by the Engineer
under the authority of the City. If no such certificate is issued, Substantial Completion shall be
when the work is complete and ready for final payment.
Substantial Completion Date. The time at which the Work has progressed to the point where,
in the opinion of the Owner, it is sufficiently complete, in accordance with the Contract
Documents, so that the Work ( or specified part) can to utilized for the purposes for which it was
intended without further disruption to the public or occupants of the facility.
Substructure. All of that part of the structure below the bearings of simple and continuous
spans, skewbacks of arches and tops of footings of rigid frames, together with the backwalls,
wingwalls, and wing protection railings.
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City of Fayetteville
Superintendent. The Contractor’ s authorized representative in responsible charge of the work,
present at the work site at all times during the progress to supervise and direct construction, to
receive and fulfill instructions from the Owner’ s representative, and to accept orders for changed
and extra work.
Superstructure. The entire structure except the substructure.
Supplemental Agreement. A written negotiated agreement constituting a modification of the
originally executed Contract and covering the performance of work beyond its general scope.
The items of work contained therein will be included in an approved Change Order.)
Supplemental Specifications. Revisions to the Standard Specifications that are adopted
subsequent to issuance of the printed book of Standard Specifications.
Surety. The company, other than the Contractor, executing a bond furnished by the Contractor.
Titles ( Or Headings). The titles or headings of the sections and subsections herein are intended
for convenience of reference and shall not be considered as having any bearing on their
interpretation.
Ton. 2000 pounds.
Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders
and auxiliary lanes.
Unit Price Work. Work to be paid for on the basis of unit prices.
Work. The furnishing of all materials, labor, equipment, tools, and incidentals necessary or
convenient to the successful completion of the project and the carrying out of the duties and
obligations imposed by the Contract.
Working Day. A calendar day during which normal construction operations could proceed;
normally excludes Saturdays, Sundays, and City recognized holidays.
Working Drawings. Stress sheets, shop drawings, erection plans, falsework plans, framework
plans, cofferdam plans, or any other supplementary plans or similar data that the Contractor is
required to submit to the Engineer for informational and record purposes or for approval.
Work Order. Written notice from the Engineer directing the Contractor to begin prosecution of
the work.
101.02 Specification Language. To avoid cumbersome and confusing repetition of
expressions in these specifications, it is provided that whenever anything is, or is to be, done, if,
as, when, or where “ contemplated, required, determined, directed, specified, authorized, ordered,
given, designated, indicated, considered necessary, deemed necessary, permitted, reserved,
suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable,
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Standard Street and Drainage Specifications
accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned,” it shall be
understood as if the expression were followed by the words “ by the Engineer/City Engineer” or
to the Engineer/ City Engineer”.
Section 102. ARDOT Standard Specifications by Reference ( Current
Edition)
102.01 ARDOT Standard Specifications. The standard specifications of the Arkansas
Department of Transportation ( ARDOT) are bound in a book titled Standard Specifications for
Highway Construction. These specifications are referred to herein as “ Standard Specifications”
or “ ARDOT Specifications”. The latest edition, as well as all Supplemental Specifications, shall
apply. A copy of these Standard Specifications can be obtained from the Arkansas Department of
Transportation, Little Rock, Arkansas, at their customary charge.
102.02 Purpose. The Standard Specifications, including Supplemental Specifications, shall be
used for description, quality control and acceptance testing, material specifications, construction
methods, method of measurement, and basis of payment unless otherwise stated in these City of
Fayetteville Standard Specifications for Street and Drainage Construction.
102.03 Modifications. Reference in the ARDOT Standard Specifications to the “ Department”
are herein changed to the “ Owner”.
Section 103. Insurance and Bonding
103.01 Requirements of Bonds and Insurance.
a) Bonds. At the time of execution of the Contract, the successful Bidder shall furnish
performance and payment bonds, each in the amount at least equal to the Contract Price, as
security for the faithful performance and payment of all Contractors obligations under the
contract documents. Contractor shall have the performance and payment bonds recorded at the
Washington County Circuit Clerk office before submitting to the City. A Purchase Order cannot
be issued by the City until the recorded bonds have been received.
Prior to final acceptance of the project, the Contractor shall provide a maintenance bond in
accordance with Section 158. 03, Maintenance, of the Unified Development Code of the City of
Fayetteville. The bond shall be in the amount of 25% of the total contract price for a period of
two years from the date of Substantial Completion.
b) Liability Insurance. The Contractor shall procure and maintain its own General Public
Liability Insurance in accordance with Subsection 105.02.
103.02 Method of Measurement. Insurance and Bonding will be measured as a complete
unit.
103.03 Basis of Payment. Insurance and Bonds completed and accepted as provided above
will be paid for at the contract lump sum price bid for Insurance and Bonding, which price shall
be full compensation for furnishing all necessary insurance and bonds required by the contract
documents.
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City of Fayetteville
Payment will be made under:
Pay Item Pay Unit
Insurance and Bonding LS
Section 104. Scope of Work
104.01 Intent of Contract. The intent of the Contract is to provide for the construction and
completion in every detail of the work described. The Contractor shall furnish all labor,
materials, equipment, tools, transportation, and supplies required to complete the work according
to the plans, specifications, and terms of the Contract.
104.02 Alteration of Plans or Character of Work.
a) General. The City shall have the right to increase or decrease the extent of the work or to
change the location, gradient, or the dimensions of any part of the work, provided that the length
of the improvement is not increased or decreased in excess of 25% of the contract length, or that
the quantities of work to be done or the materials to be furnished are not increased or decreased
in money value in excess of 25% of the total Contract. Such changes shall not be considered as a
waiver of any conditions of the Contract nor invalidate any of the provisions thereof. The
Contractor shall perform the work as increased or decreased within the qualifying limits named
and no allowance will be made for anticipated profits on increases or decreases so incurred.
If changes in the work require an adjustment in unit prices already established, or if additional
work for which unit prices have not already been established by the contract is necessary, the
contract price shall be adjusted according to the General Conditions of the Contract and this
Section. If additional work is performed before an adjustment is made in the contract, the
additional work will be paid for at unit prices already established for similar work, if such
additional work is deemed necessary by the Engineer/City Engineer. If the Contractor performs
additional work without authorization from the City and without an agreed Contract adjustment
for such work, no payment for such additional work will be made.
b) Significant Changes in the Character of Work. The City reserves the right to make, in
writing, at any time during the work, such changes in quantities and such alterations in the work
as are necessary to satisfactorily complete the project. Such changes in quantities and alterations
shall not invalidate the Contract nor release the Surety, and the Contractor agrees to perform the
work as altered.
If the alterations or changes in quantities significantly change the character of the work under the
Contract, whether or not changed by any such different quantities or alterations, an adjustment,
excluding loss of anticipated profits, will be agreed upon prior to the performance of the work. If
a basis cannot be agreed upon, then an adjustment will be made either for or against the
Contractor in such amount as the Engineer/City Engineer may determine to be fair and equitable.
If the alterations or changes in quantities do not significantly change the character of the work to
be performed under the Contract, the altered work will be paid for as provided elsewhere in the
Contract.
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Standard Street and Drainage Specifications
The term "significant change" shall be construed to apply only to the following circumstances:
1) When the character of the work as altered differs materially in kind or nature from that
involved or included in the original proposed construction, or
2) When a major item of work is increased in excess of 125 percent or decreased below 75
percent of the original contract quantity. Any adjustment due to an increase in quantity
shall apply only to that portion in excess of 125 percent of original contract item quantity,
or in case of a decrease below 75 percent, to the actual amount of work performed. A
major item of work is defined as any bid item for which the original contract value is
more than 10 percent of the total original contract value.
104.03 If and Where Directed Items. The plans and the proposal may specify one or more
items to be incorporated into the project "if and where directed" by the Engineer/City Engineer.
The Engineer/ City Engineer shall have discretion in determining whether and to what extent
such items will be incorporated into the project. The Engineer/City Engineer may order
incorporation of such items at any location within the project and at any time during the work.
These items may or may not be located on the plans. The estimated quantities set out in the
proposal for such items are presented solely for the purpose of obtaining a representative bid
price. The actual quantities employed may be only a fraction of, or many times the estimated
quantities. The Contractor shall make no claim for additional compensation because of any
increase, decrease, or elimination of such items.
Section 105. Control of Work
105.01 Authority and Direction.
a) Direction and Control by the Contractor.
1) General. The detailed manner and method of performing the work shall be under the direction
and control of, and by, the Contractor, but all work performed shall at all times be subject to the
observation of the Engineer/City Engineer or his authorized representative to ascertain its
conformance with the Contract Documents. The Contractor shall furnish all reasonable aid and
assistance required by the Engineer for the proper observation and examination of the work and all
parts thereof.
The Engineer and Owner are not responsible for the Contractor' s means, methods, techniques,
sequences, or procedures of construction, or safety precautions and programs incident thereto.
The Contractor shall be responsible for the proper fitting of all work and for the coordination of the
operations of all trades, Subcontractors, or materialmen engaged upon this Contract. He shall be
prepared to guarantee to each of his Subcontractors the locations and measurements which they may
require for the fitting of their work to all surrounding work.
Observers may be appointed by the Engineer or Owner. Observers shall have no authority to permit
any deviation from the Plans and Specifications except on written order from the Engineer/City
Engineer and the Contractor will be liable for any deviation except on such written order. Observers
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City of Fayetteville
shall have authority, subject to the final decision of the Engineer/ City Engineer, to condemn and
reject any defective work and to suspend the work when it is not being performed properly.
The observer shall in no case act as superintendent or foreman or perform other duties for the
Contractor, nor interfere with the management of the work by the latter. Any advice which the
observer may give the Contractor shall in no way be construed as binding to the Engineer/City
Engineer or Owner in any way or releasing the Contractor from fulfilling all of the terms of the
Contract.
Any defective work may be rejected by the Engineer/City Engineer at any time before final
acceptance of the work, even though the same may have been previously overlooked and estimated
for payment and payment therefore made by the Owner.
2) Accident Prevention. The Contractor shall exercise proper precaution at all times for the
protection of persons and property and shall be responsible for all damages to persons or property,
either on or off the site, which occur as a result of his prosecution of the work. The safety provisions
of applicable laws and building and construction codes, including applicable parts of the Arkansas
Department of Labor Safety Code, shall be observed. The Contractor shall take or cause to be taken
such safety and health measures, additional to those herein required, as he may deem necessary or
desirable. Machinery, equipment, and all hazards shall be guarded in accordance with the safety
provisions of the " Manual of Accident Prevention in Construction" published by the Associated
General Contractors of America, Inc., to the extent that such provisions are not in conflict with
applicable local laws.
The Contractor shall maintain an accurate record of all cases of death, occupational disease, and
injury requiring medical attention or causing loss of time from work, arising out of and in the course
of employment on work under the Contract. The Contractor shall promptly furnish the Owner with
reports concerning these matters.
The Contractor shall indemnify and save harmless the Owner, and the Engineer, from any claims
for damages resulting from personal injury and/or death suffered or alleged to have been suffered by
any person as a result of any work conducted under this Contract.
b) Authority of the Engineer. As the direct representative of the Owner, the Engineer has
immediate charge of the engineering details of each construction project; is responsible for the
general administration of the Project; and has the authority to reject unacceptable material or
work and to suspend any work that is being improperly performed.
The Owner, with input from the Engineer, will decide all questions that may arise as to the
quality and acceptability of materials furnished and work performed and as to the rate of
progress of the work; all questions that may arise as to the interpretation of the plans and
specifications; and all questions as to the acceptable fulfillment of the Contract by the
Contractor.
The Engineer, with concurrence by Owner, will have the authority to suspend the work wholly or
in part due to the failure of the Contractor to correct conditions unsafe for the workers or the
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Standard Street and Drainage Specifications
general public; for failure to carry out provisions of the Contract; for failure to carry out orders;
for such periods as deemed necessary due to unsuitable weather; for conditions considered
unsuitable for the prosecution of the Work; or for any other condition or reason deemed to be in
the public interest.
Any unresolved disputes arising under the Contract shall be submitted by the Contractor in
writing to the Engineer. Disputes claiming additional compensation shall contain the information
set forth in Subsection 109.10 “ Claims for Adjustment and Disputes.” The Engineer shall render
a written decision within 60 calendar days of receipt of the Contractor’ s letter and information.
Should a dispute not be resolved by the written decision of the Engineer, subsequent appeal by
the Contractor shall be submitted in writing within 60 calendar days of the decision of the
Engineer, and shall be addressed directly to the Owner.
105.02 Plans and Submittals.
a) Plans. Plans will show lines, grades, details of all structures, typical cross sections, and a
summary of items appearing on the proposal. Work may be provided for on the Plans that is not
located within the limits of the project as shown on the plan sheets. Work of this nature may
include but is not limited to removal of existing items, obliteration, grading, base and surfacing,
transitions, etc., and is considered a part of the project. The Plans will be supplemented by such
working drawings or sketches issued by the Engineer as are necessary to adequately control the
Work.
b) Submittals. Shop drawings, mix designs, vendor data, testing reports, certifications,
calculations and working drawings for structures shall be furnished by the Contractor as required
herewith. They shall consist of such data and detailed plans as may be required to adequately
control the work and are not included on the plans furnished by the Owner. They shall include
stress sheets, shop drawings, erection plans, falsework plans, cofferdam plans, or any other
supplementary plans or similar data required of the Contractor.
Where calculations, plans or design are a requirement of any submittal, such shall be prepared
and sealed by a Professional Engineer competent in the applicable field of practice and Licensed
in the State of Arkansas.
All submittals shall be submitted to the Engineer for informational and record purposes or for
approval as specified for the item of work involved. Contractor shall, in writing, call Engineer’s
attention to any deviation that the Submittal may have from the requirements of the Contract
Documents. The Contractor should anticipate a review period of 15 - 30 calendar days from
receipt by the Engineer of submittals. The review of submittals by the Engineer will be limited to
checking for general agreement with the plans and specifications, and shall in no way relieve the
Contractor of responsibility for errors and omissions contained therein, nor shall such review or
approval operate to waive or modify any provisions contained in the Specifications or Drawings.
It is mutually agreed that the Contractor shall be responsible for agreement of dimensions and
details as well as conformity of its submittal with the Contract plans and specifications.
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City of Fayetteville
1) Where a Shop Drawing or sample is required by the Specifications, no related work shall
commence until the submittal has been reviewed and approved by Engineer.
Any Shop Drawings submitted without the Contractor's stamp of approval will not be considered
and will be returned to him for proper resubmission. If any Drawings show variations from the
requirements of the Contract because of standard shop practice or other reason, the Contractor shall
make specific mention of such variation in his letter of transmittal in order that, if acceptable,
suitable action may be taken for proper adjustment of Contract price and/or time; otherwise, the
Contractor will not be relieved of the responsibility for executing the work in accordance with the
Contract even though the Drawings have been reviewed.
The review of Shop Drawings by the Engineer shall be considered an accommodation to the
Contractor to assist him in the execution of the Contract. The Engineer' s review of such Drawings
shall not relieve the Contractor of his responsibility to perform the work in strict accordance with
the Plans and Specifications, and approved changes.
If the Shop Drawing is in accordance with the Contract or involves only a minor adjustment in the
interest of the Owner not involving a change in Contract price or time, the Engineer shall so stamp
the Drawing and shall contain in substance the following:
Corrections or comments made on the shop drawings during this review do not relieve
Contractor from compliance with requirements of the drawings and specifications. This
check is only for review of general conformance with the design concept of the project and
general compliance with the information given in the contract documents. The Contractor is
responsible for: confirming and correlating all quantities and dimensions; selecting
fabrication processes and techniques of construction; coordinating his work with that of all
other trades; and performing his work in a safe and satisfactory manner."
2) The Contractor shall submit all material, product, or equipment samples, descriptions,
certificates, affidavits, etc., as called for in the Contract Documents or required by the Engineer,
promptly after award of the Contract and acceptance of the Contractor' s bond. No such material or
equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until
the required samples or certificates have been approved in writing by the Engineer. Any delay in the
work caused by late or improper submission of samples or certificates for approval shall not be
considered just cause for an extension of the Contract time. Submit four ( 4) copies of data for
Engineer's review.
Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the
project for which it is intended, and the name of the producer. The accompanying certificate or letter
from the Contractor shall state that the sample complies with Contract requirements, shall give the
name and brand of the product, its place of origin, the name and address of the producer, and all
specifications or other detailed information which will assist the Engineer in passing upon the
acceptability of the sample promptly. It shall also include the statement that all materials or
equipment furnished for use in the project will comply with the samples and/or certified statements.
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Standard Street and Drainage Specifications
Approval of any materials shall be general only and shall not constitute a waiver of the Owner' s
right to demand full compliance with Contract requirements. After actual deliveries, the Engineer
will have such check tests made as he deems necessary in each instance and may reject materials
and equipment and accessories for cause, even though such materials and articles have been given
general approval. If materials, equipment or accessories which fail to meet check tests have been
incorporated in the work, the Engineer will have the right to cause their removal and replacement by
proper materials or to demand and secure such reparation by the Contractor as is equitable, at the
Contractor's expense.
Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be
divided as follows:
1) The Contractor shall furnish without extra cost, including packing and delivery charges, all
samples required for testing purposes, except those samples taken on the project by the
Engineer;
2) The Contractor shall assume all costs of re-testing materials which fail to meet Contract
requirements;
3) The Contractor shall assume all costs of testing materials offered in substitution for those
found deficient.
The contract price will include the cost of furnishing all required working drawings, record
drawings and other submittals.
105.03 Conformity with Plans and Specifications. All work performed and all materials
furnished shall be in reasonably close conformity with the lines, grades, cross sections,
dimensions, and material requirements, including tolerances, shown on the plans or indicated in
the specifications.
Unless otherwise specified, in the event the materials or the finished product in which the
materials are used is not within reasonably close conformity with the plans and specifications but
reasonably acceptable work has been produced, the Engineer/ City Engineer shall determine if the
work shall be accepted and remain in place. If the work is accepted, the Engineer/City Engineer
will document the basis of acceptance by Contract modification that will provide for an
appropriate adjustment in the contract cost for such work or materials.
In the event the materials or the finished product in which the materials are used or the work
performed is found not to be in reasonably close conformity with the plans and specifications
and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed
and replaced or otherwise corrected at no cost to the City.
105.04 Coordination of Plans, Specifications, and Special Conditions. These
Specifications including General Provisions and Technical Specifications, the Plans,
Supplementary Conditions, Special Provisions and all other supplementary documents are
essential parts of the Contract, and a requirement occurring in one is as binding as though
occurring in all. They are intended to be complementary and to describe and provide for a
complete work.
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City of Fayetteville
The Contractor shall be responsible for the proper fitting of all work and for the coordination of the
operations of all trades, Subcontractors, or materialmen engaged upon this Contract. He shall be
prepared to guarantee to each of his Subcontractors the locations and measurements which they may
require for the fitting of their work to all surrounding work.
In addition, the Specifications include references to the Arkansas Department of Transportation’ s
Standard Specifications for Highway Construction Edition of 1996, 2003, and 2014 ( ARDOT
Standard Specifications). The portions of the ARDOT Standard Specifications, which are
referenced in these specifications, are hereby incorporated by reference.
All work shall conform to applicable sections of the City of Fayetteville Code of Ordinances and
to the City of Fayetteville Minimum Street Standards. In case of discrepancy, the most stringent
requirements will apply. The City of Fayetteville Code of Ordinances and Minimum Street
Standards are hereby incorporated by reference.
The Contractor shall not take advantage of any apparent error or omission on the plans or in the
Contract Documents. The party discovering such error or omission shall notify the other party
when the discovery is made. The Engineer will then make such corrections and interpretations as
may be deemed necessary for fulfilling the intent of the plans and specifications.
105.05 Cooperation by Contractor. The Contractor will be supplied with a minimum of two
sets of approved plans and Contracts, one set of which shall be kept available on the project at all
times.
The Contractor shall give the work the attention necessary to facilitate the progress thereof and
shall cooperate fully with the Engineer/ City Engineer, inspectors, and other Contractors.
The Contractor shall have on the project at all times an agent who is a competent superintendent
capable of reading and thoroughly understanding the plans and specifications and thoroughly
experienced in the type of work being performed. The Superintendent shall be satisfactory to the
Owner and the Engineer, on the project at all times during working hours with full authority to
supervise and direct the work and who shall be the Contractor' s agent responsible for the faithful
discharge of the Contractor's obligations under the Contract. During working hours, the Contractor’s
superintendent shall be equipped with a mobile phone or other communication device suitable to the
Engineer for contact by the Engineer or Owner. The superintendent shall receive instructions from
the Engineer/ City Engineer and shall have full authority to execute orders or directions of the
Engineer/City Engineer without delay and to promptly supply such materials, labor, equipment,
tools, and incidentals as may be required. Such superintendent shall be furnished regardless of
the amount of work sublet.
The Owner shall have the authority to require the Contractor to remove from the work any
incompetent or insubordinate superintendent.
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105.06 Coordination and Cooperation Between Contractors. The Owner reserves the
right at any time to contract for and perform other or additional work on or near the work
covered by the Contract.
When separate contracts are let adjacent to or within the limits of any one project, the work of
each Contractor shall be conducted so as not to interfere with or hinder the progress or
completion of the work being performed by other Contractors. Contractors working on the same
project shall cooperate with each other.
It is understood and agreed that the Contractor considered in the bid the status of the existing
Contract or Contracts at the time of bidding and will arrange to coordinate and schedule the work
jointly with the other affected Contractors in order to complete the work within the time allowed
in the Contract.
If, through acts of neglect or through failure to comply with any applicable Government regulations
by the Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the
work, the Contractor shall settle with such other Contractor or Subcontractor by agreement or
arbitration, if such other Contractor or Subcontractor will so settle. If such other Contractor or
Subcontractor shall assert any claim against the Owner on account of any damage alleged to have
been so sustained, the Owner will notify this Contractor, who shall defend at his own expense any
suit based upon such claim, and, if any judgment or claims against the Owner shall be allowed, the
Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection
therewith.
Contractors involved shall assume all liability, financial or otherwise, in connection with their
own Contracts and shall protect and save harmless the City of Fayetteville from any and all
damages or claims that may arise because of inconvenience, delay, or loss experienced because
of the presence and operations of other Contractors working within the limits of the same project.
Contractors shall arrange their work and shall place and dispose of the materials being used so as
not to interfere with the operations of the other Contractors within the limits of the same project,
and shall join their work with that of the others in an acceptable manner, and shall perform it in
proper sequence with that of the others.
105.07 Cooperation with Utilities. The Plans indicate various utility items, some of which
are to be relocated or adjusted by the utility owner, and others that are to be relocated or adjusted
by the Contractor. The City will notify all known utility companies, all known pipeline owners,
or other known parties affected, and endeavor to have all necessary adjustments of the public or
private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of
construction made before construction begins.
Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas
valve boxes, light standards, cableways, signals, and all other utility appurtenances within the
limits of the proposed construction that are to be relocated or adjusted are to be moved by the
owners of such facilities except as otherwise provided for in the Contract or as noted on the
plans.
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City of Fayetteville
The Contractor shall consider in the bid all of the permanent and temporary utility facilities and
appurtenances in their present, relocated, or proposed positions. No additional monetary
compensation will be allowed for any delays, inconveniences, or damages sustained due to any
interference from the utilities or appurtenances or from the operations of relocating them.
It is the Contractor’s responsibility to have all utility lines located before construction begins.
Any costs incurred due to damaged utility lines shall be borne by the Contractor with no
exceptions.
All work in this contract shall be in accordance with the Arkansas Underground Facilities
Damage Prevention Act. The Contractor shall abide by the most current edition of this Act.
105.08 Inspection and Observation of Work. All materials and each part or detail of the
Work shall be subject to inspection by the Owner. All materials and each part or detail of the
Work shall be subject to observation by the Engineer. The Engineer and Owner and their
designated representatives shall be provided acceptable access to all parts of the Work and shall
be furnished with such information and assistance by the Contractor as is necessary to for the
Engineer’s observation and/or the Owner’s observation and inspection. Neither observations by
Engineer/ City Engineer nor inspection, tests or approvals by others shall relieve Contractor from
his obligation to perform the work in accordance with the Contract Documents.
The Contractor shall notify the Engineer sufficiently in advance of backfilling or concealing any
facilities to permit proper observation. If the facilities are concealed without approval or consent of
the Engineer, the Contractor shall uncover for observation and recover such facilities all at his own
expense, when so requested by the Engineer.
Observation of materials and appurtenances to be incorporated in the Improvements embraced in
this Contract may be made at the place of production, manufacture or shipment, whenever the
quantity justifies it, and such observation and acceptance, unless otherwise stated in the Technical
Specifications, shall be final, except as regards ( 1) latent defects, ( 2) departures from specific
requirements of the Contract, ( 3) damage or loss in transit, or ( 4) fraud or such gross mistakes as
amount to fraud. Subject to the requirements contained in the preceding sentence, the observation of
materials as a whole or in part will be made at the project site.
All condemned or rejected work shall be promptly taken out and replaced by satisfactory work.
Should the Contractor fail or refuse to comply with the instructions in this respect, the Owner may,
upon certification by the Engineer, withhold payment, proceed to terminate the Contract, or perform
work as provided herein.
When requested by the Engineer/City Engineer at any time before acceptance of the Work, the
Contractor shall remove or uncover such portions of the finished work as may be directed. After
examination, the Contractor shall restore said portions of the work to the standard required by the
specifications.
Should the work thus exposed or examined prove acceptable, the uncovering or removing and
the replacing of the covering or making good of the parts removed will be paid for as extra work.
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Standard Street and Drainage Specifications
Should the work so exposed or examined prove unacceptable, the uncovering or removing and
the replacing of the covering or making good of the parts removed shall be at the Contractor’ s
expense.
Any work performed or materials used without inspection by the Engineer/ City Engineer may be
ordered exposed, and/or removed and replaced, at no cost to the Owner unless the Engineer/City
Engineer or inspector failed to inspect after having been given reasonable notice that the work
was to be performed.
When any unit of government, political subdivision, railroad corporation, or other agency is to
pay a portion of the cost of the Work covered by the Contract, its respective representatives shall
have the right to inspect the Work. Such inspection shall in no sense make any unit of
government, political subdivision, railroad corporation, or other agency a party to the Contract,
and shall in no way interfere with the rights of either party thereunder.
105.09 Removal of Unacceptable or Unauthorized Work. All work that does not comply
with the requirements of the Contract will be considered unacceptable. Unacceptable work,
whether the result of poor workmanship, use of unacceptable materials, damage through
carelessness, negligence, or any other cause, found to exist before the final acceptance of the
Work, or during the warranty period specified in Subsection 109.18 “ Warranty and Guarantee”,
shall be removed and replaced in an acceptable manner at no cost to the Owner. Work performed
contrary to any instructions of the Engineer/City Engineer; work performed beyond the lines
shown on the plans or as established, except as herein specified; or any extra work performed
without authority will be considered as unauthorized and will not be paid for under the
provisions of the Contract. Work so performed may be ordered removed or replaced at no cost to
the Owner.
Should the Contractor fail to comply with any order of the Engineer/City Engineer, the
Engineer/ City Engineer will have the authority to cause unauthorized work to be removed and
unacceptable work to be corrected or removed and replaced and to deduct the costs from any
moneys due or to become due the Contractor.
105.10 Authorized Changes. All changes to the Plans performed in the field shall be
reviewed, approved and authorized by the Owner prior to proceeding with the work. Any
changes to the Plans without authorization may result in removal of such item at the Contractor’ s
expense and/or nonpayment for the work, at the discretion of the Owner.
Verbal authorized changes to the Plans in the field will not be considered for additional
quantities or compensation, unless they are followed by written documentation within 24 hours.
Any authorized changes to the Plans which are approved by the Owner for additional
compensation shall be in written form indicating all items of work involved and the cost for each
item, and will be submitted to the Owner prior to proceeding with the work involved.
105.11 Substitution of Materials and Equipment. If the Contractor desires to use a
material, method or type of equipment other than those specified in the Contract, authority from
the Engineer/ City Engineer to do so must be requested. The request shall be in writing and shall
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City of Fayetteville
include a full description of the materials, methods and equipment proposed to be used and an
explanation of the reasons for desiring to make the change.
Prior to proposing any substitute material, method or type of equipment, the Contractor shall
satisfy itself that the material, method or type of equipment proposed is, in fact, equal to that
specified, that such material or type of equipment will fit into the space allocated, that such
material or type of equipment affords comparable ease of operations, maintenance and service,
that the appearance, longevity and that by reason of cost savings, reduced construction time, or
similar demonstrable benefit, the substitution material, method or type of equipment will be in
Owner’ s interest.
The burden of proof of equality of a proposed substitution for a specified material, method or
type of equipment shall be upon the Contractor. Contractor shall support its request in writing
with sufficient test data and other means to permit the Owner to make a fair and equitable
decision on the merits of the proposal. Contractor shall submit drawings, samples, data and
certificates for proposed substitute materials. Any material or type of equipment by a
manufacturer other than those specified or brand name or model number or of generic species
other than those specified will be considered a substitution. The Owner will be the sole judge of
whether or not the substitution is equal in quality, utility and economy to that specified.
Approval of a substitution shall not relieve the Contractor from responsibility for compliance
with all requirements of the Contract. Contractor shall bear the expense for any changes in the
parts of the Work caused by any substitutions.
Substitutions will not be permitted in those instances where the product is intended to
accommodate artistic design, specific function or economy of maintenance.
No change will be made in basis of payment for the construction items involved nor in contract
time as a result of an authorized change in methods or equipment under these provisions.
105.12 Construction Layout. The Engineer/City Engineer will establish a limited number of
control points and associated benchmarks for the contractor’ s use in establishing lines, grades,
profiles, structures, and other associated items of work. In general, the control points will be
located approximately 500 feet apart along the project. All other construction staking will be the
responsibility of the Contractor. The Contractor shall provide a sufficient workforce skilled in
construction layout to establish all lines, slopes, profiles, and structure locations necessary to
construct the project according to the plans.
When Section 111, “ Roadway Construction Control” is included in the proposal then the
Contractor shall comply with the requirements and provisions of such.
105.13 Maintenance During Construction. The Contractor shall maintain the work during
construction and until the project is accepted. This maintenance shall constitute continuous and
effective work prosecuted day by day, with adequate equipment and forces, to the end that the
roadway or structures are kept in satisfactory condition at all times.
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The Contractor shall be responsible for the maintenance of existing drainage ditches and
channels within the right-of-way limits, including construction easements if any, from the date
all work is begun on the project to the date of its final acceptance. This is not a requirement that
the Contractor improve existing drainage ditches and channels, except as shown on the plans or
directed by the Engineer/ City Engineer. The Contractor shall maintain waterways in such
condition that damage to the work or to abutting property will not result from the Contractor’s
operations. Obstruction of natural flow in waterways by stockpiling or storing materials, or by
placement of equipment or supplies without provision for adequate bypassing of such natural
flow, will not be permitted. Collections of sediment or debris that prohibits or inhibits normal
function of drainage facilities shall be removed promptly.
All costs of maintenance work during construction and before the project is accepted will not be
paid for separately, but full compensation therefore will be considered included in the contract
unit prices bid for the various items in the Contract.
If the Contractor, at any time, fails to comply with the provisions of this subsection, the City will
immediately notify the Contractor of such noncompliance. If the Contractor fails to remedy
unsatisfactory maintenance within 24 hours after receipt of such notice, the City may
immediately proceed to maintain the project and the entire cost of this maintenance will be
deducted from moneys due or to become due the Contractor on the Contract.
All roadway cuts shall be temporarily or permanently repaired in accordance with Section 405,
Asphalt Concrete Patching for Maintenance of Traffic” within 24 hours of the completion of
trench backfill for the work, or segment of work, which required the excavation and/or cut.
Section 106. Control of Material
106.01 Quality Requirements. The materials used in the work shall meet all quality
requirements of the Contract. Quality control, to ensure that materials and workmanship, prior to
and after, being incorporated into the work meets the requirements of the Contract, is the sole
responsibility of the Contractor. Testing required for Contractor’ s quality control, certificates of
compliance, mix designs and manufacturing of materials, and as needed for Contractor’ s
operations shall be provided by the Contractor and the costs therefore will not be paid separately
but full compensation will be considered included in the contract unit prices bid for associated
items.
All Quality Assurance testing, to ensure that the materials and workmanship as a final product
meets the requirements of the Contract, will be accomplished and paid for by the Owner. The
costs for any retesting required in areas failing to meet the specified requirements shall be paid
for by the Contractor.
The materials furnished and used shall be new, except as may be provided elsewhere in these
specifications, on the plans or in the Special Conditions. The materials shall be manufactured,
handled, and used in a workmanlike manner to ensure completed work in accordance with the
plans and specifications.
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City of Fayetteville
106.02 Sources of Supply. To expedite the inspection and testing of materials, the
Contractor shall notify the Engineer/City Engineer of proposed sources of materials before
delivery. The Contractor shall furnish without charge such samples as may be required.
Inspection and tests may be performed by the Engineer or Owner’s designated testing firm, but it
is understood that such inspections and tests, if made at any point other than the point of
incorporation in the work, in no way shall be considered as a guarantee of acceptance of such
materials nor of continued acceptance of material presumed to be similar to that upon which
inspections and tests have been made.
The Contractor shall assume full responsibility for ordering materials of the quality and quantity
required and for the delivered costs of such materials. Materials needed in the work shall be
furnished by the Contractor unless otherwise stated in the Contract.
106.03 Samples, Tests, and Cited Specifications. All materials will be inspected and
tested by the supplier or Contractor as required by these specifications before incorporation in
the Work. Work in which untested materials are used without the approval or written permission
of the Engineer/City Engineer shall be treated as provided in Subsection 105.09 “ Removal of
Unacceptable or Unauthorized Work.”
Whenever a reference is made in the specifications to a Federal Specification, or to a
specification or test designation of the American Association of State Highway and
Transportation Officials, the American Society for Testing and Materials, American Water
Works Association, or any other recognized national organization, it shall mean the year of
adoption or latest revision of the specification or test designation in effect on the day the
advertisement for bids is dated. When a specific reference is made to a dated specification or test
designation, the revision in effect on that date shall apply.
When requested, the Contractor shall furnish a complete certified statement of the origin,
composition, and/or manufacture of materials that are to be used in the Work.
106.04 Certification of Compliance. The Engineer/ City Engineer may permit use of certain
materials or assemblies prior to sampling and testing if accompanied by a Certificates of
Compliance stating that such materials or assemblies fully comply with the requirements of the
Contract. The certificate shall be signed by the manufacturer. Each lot of such materials or
assemblies delivered to the Project must be accompanied by a Certificate of Compliance and
clearly identified.
Materials or assemblies used on the basis of Certificates of Compliance may be sampled and
tested and if found not in conformity with Contract requirement will be subject to rejection
whether in place or not.
The form and distribution of Certificates of Compliance shall be as approved by the
Engineer/City Engineer.
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106.05 Plant Inspection. The Engineer/City Engineer may undertake the observation of
materials at the source. In the event plant observation is undertaken the following conditions
shall be met:
1) The Engineer/ City Engineer shall have the cooperation and assistance of the Contractor
and of the producers of materials for the Work.
2) The Engineer/ City Engineer shall have full entry at all times to such parts of the plant as
may concern the manufacture or production of the materials being furnished.
Adequate safety measures shall be provided and maintained.
It is understood that the Engineer/City Engineer reserves the right to retest all materials prior to
incorporation into the Work which have been tested and accepted at the source of supply after
the sample have been delivered and to reject all materials which, when retested, do not meet the
requirements of these specifications or contract documents.
106.06 Storage of Materials. Materials shall be so stored as to assure the preservation of
their quality and fitness for the work and in accordance with requirements of the Specifications;
or if not covered in the Specifications, in accordance with the manufacturer’ s recommendations.
Stored materials, even though approved before storage, may again be inspected before their use
in the work. Stored materials shall be located so as to facilitate their prompt inspection. Portions
of the right-of-way not required for public travel may be used for storage purposes and for the
placing of the Contractor's plant and equipment, if approved by the Engineer, but any additional
space required therefore must be provided by the Contractor, and at no cost to the Owner. Private
property shall not be used for storage purposes without written permission of the owner or lessee,
and if requested by the Engineer, copies of such written permission shall be furnished. All
storage sites shall be restored to their original condition by Contractor at his expense.
Construction materials may not be stored in the roadway for more than five ( 5) days after
unloading.
106.07 Handling Materials. All materials shall be handled in such manner as to preserve their
quality and fitness for the work. Aggregates shall be transported from the storage site to the
Work in tightly covered vehicles so constructed as to prevent loss or segregation of materials
after loading and measuring so that there may be no inconsistencies in the quantities of materials
intended for incorporation in the Work as loaded and the quantities as actually received at the
place of operations.
106.08 Unacceptable Material. All materials not conforming to the requirements of the
specifications at the time they are used shall be considered as unacceptable and all such materials
will be rejected and shall be removed immediately from the site of the work unless otherwise
instructed by the Engineer/City Engineer. No rejected material, the defects of which have been
corrected, shall be used until approval has been given.
106.09 Owner-Furnished Material. The Contractor shall furnish all materials required to
complete the Work, except those specified to be furnished by the Owner. Material furnished by
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City of Fayetteville
the Owner will be delivered or made available to the Contractor at the points specified in the
Special Provisions.
The cost of handling and placing all materials after they are delivered to the Contractor will not
be paid for separately, but full compensation therefore will be considered included in the contract
unit price(s) bid for the item(s) with which they are used.
The Contractor will be held responsible for all material delivered by the Owner through this
arrangement. Deductions will be made from any moneys due the Contractor to make good any
shortages and deficiencies, from any cause whatsoever; for any damage that may occur after
such delivery; and for any demurrage charges.
106.10 Salvaged Materials. All salvaged materials in reusable condition, including pavement
millings, water and drainage pipe, valves, fittings and other items, remain the property of the
City of Fayetteville. Contractor shall deliver items to location directed by Engineer/ City
Engineer or designated in specifications. Items not considered of value shall be disposed of by
the Contractor at his expense.
106.11 Automatically Controlled Equipment. Whenever a breakdown or malfunction of
the automatic controls occurs on scales, scale printers, batch plants, or mixing plants, the
equipment may be operated manually or by other methods for a period not to exceed two
working days, provided that such alternate methods of operation produce results otherwise
meeting the Specifications.
Section 107. Quality Control Requirements
107.01 Description. This section shall set forth the requirements for Quality Control,
including material testing and submittal requirements.
107.02 Submittal Requirements. Submittals shall comply with subsection 105.02, “ Plans
and Submittals” and the following:
All submittals required by the contract shall be submitted and approved before associated work is
begun. Sufficient copies shall be submitted for the Engineer to retain two copies, the City to
receive two copies and the Contractor to receive a minimum of one approved copy.
The following submittals are required:
1) Project Schedule
2) Concrete Mix Design(s)
3) Asphalt Mix Design( s)
4) Concrete Pipe Certifications
5) Precast Box Culvert Shop Drawings and Hydraulic Design
6) Listings of Project Personnel and Contact Phone Numbers
7) Traffic Control Plan
8) Striping Material
9) Reinforcing Steel Fabrication Drawings
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Standard Street and Drainage Specifications
10) Signal Equipment
11) Other Submittals as requested by the Engineer/City Engineer
The Engineer/City Engineer will review all submittals promptly and notify the contractor of their
approval or denial. The contractor shall have approved submittals before beginning any
associated work. Any work accomplished before approved submittals are received is subject to
rejection and removal from the job at the contractor’ s expense.
107.03 Material Submittals. As a minimum, the following material submittals will be
required:
1) Samples of on-site soils, if these soils are to be used as fill in the roadway. The
Engineer/ City Engineer will determine the number of samples to be taken.
2) Samples of soils to be used as borrow material.
3) Samples of material to be used as aggregate base under the roadway. One sample will be
required initially. Additional samples will be taken during placement of aggregate base if
deemed necessary by the Engineer/ City Engineer.
4) Samples of material to be used as topsoil. Alternatively, the Engineer/City Engineer will
inspect the site from which the topsoil is to be taken to determine its acceptability. All
material samples shall be taken in the presence of a representative from the Quality
Assurance ( QA)/Quality Control ( QC) Laboratory. Other submittals may be required as
determined by the Engineer/City Engineer.
107.04 Testing, Observation and Inspection Requirements
a) Field Observations and Inspections. The Construction Observer will be on-site during all
work which is to be paid for under the contract. The contractor shall provide one person as its
on-site representative to receive instructions from the Engineer/ City Engineer. This person shall
be qualified and experienced in job superintendence.
The Contractor’s representative shall be on-site during all work that is to be paid for under the
contract. If the Contractor’ s representative is not on-site, the Engineer/ City Engineer may order
all work be stopped until such time as the contractor’s superintendent returns to the job site.
The Contractor shall provide at least 24 hours of advance notice for any concrete placement.
Unless otherwise specified, the City will provide, at its expense, an independent quality
assurance/ quality control ( QA/QC) laboratory to accomplish quality assurance testing. All
testing will be scheduled with the QA/QC lab and the Contractor by the City or Engineer. The
Contractor shall provide or make available samples of all material as required by these
specifications as well as any other materials deemed necessary by the Engineer/ City Engineer.
b) Testing Requirements. The Contractor shall inform the Construction Observer at least 24
hours in advance of any required testing. The following is the minimum sampling and testing
frequency required:
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City of Fayetteville
1) Cross Drain Backfill: minimum of one density test per layer of material placed per pipe
or box culvert location.
2) Storm drain/ utility pipe backfill: minimum of one density test per 500 lineal feet of
pipe or portion thereof when the pipe is located in the street or under the curb and gutter.
3) Embankment: minimum of one density test per layer per 500 lineal feet of roadway or
portion thereof.
4) Subgrade: minimum of one density test per 500 feet of roadway with a minimum of
three density tests per project, and one sieve analysis and plasticity index test per project
per material type for subgrade soil classification.
5) Imported Embankment and Subgrade Materials.
1) One moisture/ density relationship test ( AASHTO T-99 with Note 7, or AASHTO
T-180 with Note 8) shall be taken at the beginning of the project, and one
additional moisture/ density relationship test shall be taken for every 5000 cubic
yards of imported material. ASTM testing methods for moisture/density
relationships may not be used for embankment and subgrade materials.
2) For every 20 density tests performed in accordance with the testing frequency for
subgrade and embankments, a one-point moisture/ density test shall be taken per
AASHTO T 272.
6) Aggregate base course: minimum of one density test and one depth measurement ( depth
sounding) per 500 lineal feet of roadway, with a minimum of three density tests and three
depth measurements per project; minimum of one gradation test per project.
7) Asphalt Concrete Hot Mix. Testing shall be as specified in Section 403. Core holes
shall be filled with non-shrink grout mix by the Contractor. All holes shall be protected
from traffic until the grout has cured.
8) Concrete for Drainage Structures and Sewer Manholes. A minimum of one set of
three concrete cylinders per day’ s concrete placement will be required for drop inlets ,
junction boxes, and manholes. Other placements will be sampled at the rate of 1 set of
cylinders per 30 cubic yards of concrete placed. Slump and air entrainment tests will be
conducted at the time of cylinder preparation. One cylinder will be broken at seven days
and the other two will be broken at 28 days.
9) Concrete for Curb and Gutter. A minimum of one set of three concrete cylinders per
500 lineal feet of curb and gutter or portion thereof. One cylinder will be broken at seven
days and the other two will be broken at 28 days.
10) Concrete Pavement. A minimum of one set of three concrete cylinders per 500 lineal
feet of pavement or portion thereof, with a minimum of one set per project. The set shall
be broken in seven and 28 days as described above. Also, one core and depth
measurement per 500 lineal feet of complete pavement with a minimum of one per
project. Core holes shall be filled with non shrink grout mix. All holes shall be protected
from traffic until the grout has cured.
c) Provisions for Acceptance of Nonspecification Materials. This section provides for
corrective actions to be taken when test results indicate nonspecification materials or
workmanship have been incorporated into the project. Any penalties, which are assessed, will be
deducted from the contract price.
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Standard Street and Drainage Specifications
1) Density for Embankment, Subgrade, Pipe Backfill, and Crushed Stone Base Course:
Recompact until the minimum density is obtained.
2) Depth of Crushed Stone Base Course: The depth of the crushed stone base shall be
within plus or minus one-half inch ( ½”) of the required depth. If the deficient depth is
greater than one-half inch (½”), additional material shall be added to reach the required
depth. This material shall be incorporated into the existing material by the use of rippers
or other equipment extending a minimum of 3 inches into the existing material.
3) Depth and Density of ACHM Binder and Surface: Depth and density requirements
shall be as specified in Section 403 “Asphalt Concrete Hot Mix” of these specifications.
4) Surface Tolerance of ACHM Surface: Surface tolerance of ACHM Surface shall be as
specified in Section 403 “ Asphalt Concrete Hot Mix” of these specifications.
5) Concrete Strength: The average 28-day compressive strength of the two cylinders of a
set shall be at least the required strength of the concrete specified. If the average strength
is lower, the following penalties will be assessed:
of Minimum Strength % Reduction in Contract Price
92-100 10
85-92 25
Below 85% Remove and Replace
6) Concrete Pavement Depth: The concrete pavement depths shall be within plus or minus
three-eighths inch ( 3/8”) of the required depth plus any additional depth required as a
result of a deficient subbase depth. The average of all depth measurements shall not be
less than the required depth, and any depth in excess of plus three-eighths inch ( 3/8”)
will not be used in computing the average depth. If the average depth is less than the
required depth, the following penalties shall be assessed:
Deficient Depth % Reduction in Contract Price
Req. depth to 1/8 inch 1
1/8 inch to 1/4 inch 3
1/4 inch to 3/8 inch 7
3/8 inch to 1/2 inch 15
1/2 inch to 5/8 inch 25
5/8 inch to 3/4 inch 40
More than 3/4 inch Remove and Replace
7) Concrete Pavement Surface: The finished pavement surface shall have a maximum
deviation of ¼” when tested with a 10’ straight edge parallel to the flow of traffic.
Pavement cross slope shall vary by no more than 1/8” in 10’ when tested with a
straightedge.
Grinding shall be performed, if necessary, to remove any deviations in excess of ¼”. The
grinding equipment shall be power driven and specifically designed to smooth and texture
portland cement concrete by means of diamond blades. Areas that have been ground shall be re-
grooved by grooving in accordance with subsection 601.16 for Class 7 surface finish, to provide
a uniform texture equal in roughness to the surrounding pavement.
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City of Fayetteville
In addition to these requirements, if any individual test falls below the minimum requirements,
the area represented by this test shall be assessed the appropriate penalty under the applicable
section above.
107.05 Testing and Material Specification. These Specifications reference AASHTO
Standards for testing and material. Unless specifically stated otherwise, the corresponding
ASTM Standard will be allowed in lieu of the AASHTO Standard.
Section 108. Legal Relations and Responsibility to the Public
108.01 General. The Contractor shall keep fully informed of all Federal and State laws, all
local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having
any jurisdiction or authority which in any manner affect those engaged or employed on the work,
or which in any way affect the conduct of the work. Further, the Contractor shall at all times
observe and comply with all such laws, ordinances, regulations, quarantines, orders, and decrees;
and shall protect and indemnify the City and its representatives against any claim or liability
arising from or based on the violation of any such law, ordinance, regulation, order, or decree,
whether by the Contractor or the Contractor’ s employees.
All work pertaining to Electrical, Plumbing, and/or Building Crafts shall be performed in strict
accordance with governing Federal, State, City, and Local Codes and Ordinances, with particular
attention to the current editions of the Arkansas State Plumbing Code and the National Electrical
Code as adopted by the National Fire Protection Association.
The Contractor shall comply with applicable Federal, State, and local laws governing safety,
health, and sanitation. The Contractor shall provide safeguards, safety devices, and protective
equipment and take any other action necessary to protect the life and health of employees on the
project and the safety of the public and to protect property in connection with the performance of
the work covered by the Contract.
Unless specified elsewhere in these specifications, the work involved or the delay or cost
incident to compliance with these regulations will not be paid for separately, but full
compensation therefore will be considered included in the contract unit prices bid for the various
items of the Contract.
108.02 Hazardous Substance. If the release of a suspect hazardous substance has occurred,
the Contractor shall notify the Engineer/ City Engineer. This will not relieve the Contractor or
responsible parties of the obligation to notify other appropriate agencies and will not relieve
responsible parties of any liability.
Commonly used materials which could be potentially hazardous substances if they are spilled or
enter waterbodies are: asphalt materials, concrete, cement, paint, solvents, petroleum products,
fertilizers, concrete curing compound, lime, linseed oil, asphalt additives, and concrete additives.
This list is not all inclusive.
Notification should be made if,at any time, there is an indication of a spill. Indicators could be:
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Standard Street and Drainage Specifications
1) Leaking or empty containers, surface staining, chemical odors, vegetation damage, etc.
2) Oil, grease or petrochemical substances, which produce residue, coat the banks and/ or
bottoms of a waterbody, or produce a visible, colored film on the surface.
3) Distinctly visible solids, scum, or foam of a persistent nature, or slime, bottom deposits,
or sludge banks in a waterbody.
108.03 Permits, Licenses, and Taxes. Unless specified otherwise in these Specifications,
the Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all
notices necessary and incidental to the due and lawful prosecution of the work. These costs will
not be paid for directly, but will be considered included in the contract unit prices bid for the
various items of the Contract.
The Owner will obtain any railroad and Arkansas Department of Transportation permits when
required.
The Contractor shall obtain and pay for all permits, design fees and related costs resulting from a
request by the Contractor to substitute materials or designs for those shown on the drawings or
specified in these specifications.
108.04 Patented Devices, Materials, and Process. Contractors employing any design,
device, material, or process covered by letters of patent or copyright shall provide for such use
by suitable legal agreement with the patentee or owner. Contractors and their Sureties shall
indemnify and save harmless the Owner, any affected third party, or political subdivision from
any and all claims for infringement by reason of the use of any such patented design, device,
material, or process, or any trademark or copyright, and shall indemnify the City of Fayetteville
for any costs, legal expenses, and damages that it may incur by reason of any infringement, at
any time during the prosecution of or after the completion of the work.
108.05 Restoration of Surfaces Opened by Permit. The right to construct or reconstruct
any utility service in the highway or street, or to grant permits for such work, at any time, is
hereby expressly reserved by the City of Fayetteville or the proper authorities of the political
entity in whose jurisdiction the work is done and the Contractor shall not be entitled to any
damages either for the digging up of the street or for any delay occasioned thereby.
Any individual, firm, or corporation wishing to make an opening in the roadway must secure a
permit from the proper authority. The Contractor shall allow parties bearing such permits, and
only those parties, to make openings in the roadway. When ordered by the Owner, the Contractor
shall make in an acceptable manner all necessary surface repairs due to such openings and such
necessary work will be paid for as extra work, or as provided in these specifications, and will be
subject to the same conditions as original work performed.
108.06 Sanitary Provisions. The Contractor shall provide and maintain in a neat, sanitary
condition such accommodations for the use of the employees as may be necessary to comply
with the requirements of the State and local Boards of Health, or of other bodies or tribunals
having jurisdiction. Drinking water shall be provided from an approved source, so piped or
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City of Fayetteville
transported as to keep it safe and fresh and served from single service containers or satisfactory
types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in
strict accordance with existing and governing health regulations.
108.07 Public Safety and Convenience. The Contractor’s work shall at all times be
conducted so as to assure the least possible obstruction to traffic. The safety and convenience of
the general public and the residents along the street and the protection of persons and property
shall be provided for by the Contractor as specified by these Specifications and as directed by the
Owner.
All roadway cuts shall be temporarily or permanently repaired in accordance with Section 405,
Asphalt Concrete Patching For Maintenance of Traffic” within 24 hours of the completion of
trench backfill for the work, or segment of work, which required the excavation and/ or cut.
The Contractor shall be responsible for providing a fence to control livestock and pets in areas
where existing fencing is altered under the Contract. The City may elect to include temporary
fencing as a pay item under subsection 512, “ Fences” of these Specifications. If temporary
fencing is not included as a pay item within the proposal, then temporary fencing that is suitable
for the required use shall be supplied, shall be a subsidiary item, and no separate payment shall
be made for this temporary fencing. Additionally, if temporary fencing is not included as a pay
item within the proposal then permanent fence if included within the plans and/ or the proposal
may be constructed initially, or in lieu of temporary fencing.
The Contractor shall not create a public nuisance while performing the various operations of the
work. Excessive noise between the hours of 10 P.M. and 6 A.M., dust from haul roads, County
roads, or State roads, and mud tracked onto City, County or State roads or streets by equipment
may be considered by the City to be a public nuisance.
The Contractor will be responsible for maintaining U.S. mailboxes within the project limits in
such a manner that the public may receive continuous mail service according to U.S. Postal
Service regulations. Unless otherwise provided, upon completion of the project, mailboxes will
be replaced as near as practicable to their original location.
108.08 Railway Provisions. All work on railroad property shall be accomplished in strict
compliance with the plans, these specifications, and such Special Provisions as are appropriate to
the Contract. If the work near the railway requires a permit, the Contractor shall be responsible
for acquiring this permit and adhering to the permit requirements.
All work to be performed by the Contractor in construction on the railroad right-of-way shall be
performed at such times and in such manner as not to unnecessarily interfere with the movement
of trains or traffic upon the track of the Railway Company. The Contractor shall use all care and
precaution to avoid accidents, damage, or unnecessary delay or interference with the Railway
Company’ s trains or other property.
Plans for all sheeting or cofferdams for foundation work adjacent to operated track, and plans of
falsework, staging, protective sheeting, or other temporary construction near the operated track
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Standard Street and Drainage Specifications
shall be approved by the Railway Company. The Contractor shall construct the work according
to the approved plans.
108.09 Work Within Regulated Floodways. All work within regulated floodways shall be
accomplished within the requirements of all permits issued by the Federal Emergency
Management Agency (FEMA), Corps of Engineers (COE), The State of Arkansas, the City, or
other applicable agencies, and with Section 110 of the ARDOT Standards “ Protection of Water
Quality and Wetlands.”
a) Responsibility for FEMA Permit. Within regulatory floodways all permanent and
temporary fills/structures must be in accordance with FEMA and local governmental
requirements. The Owner obtains all required permits and/or variances for essential work in the
regulated floodway before the Contract is awarded. The Owner will apply for Contractor
requested variances which it determines are necessary. The Contractor should be aware that
requested temporary fills/structures may not be approved or may require mitigation.
b) Corps of Engineers Section 404 Permit Requirements. Placement of temporary
fills/structures within a regulatory floodway may also require alteration of the existing COE 404
Permit.
c) Compensation and Extension of Contract Time. The Contractor will not be granted
additional compensation or contract time due to requested floodway variances that are
considered by the Engineer/ City Engineer to be for the convenience of the Contractor. If,
however, due to no fault of the Contractor, a floodway variance is deemed by the Engineer/City
Engineer to be necessary, additional contract time and/ or compensation may be considered
according to the provisions of Subsection 109.10 “ Claims for Adjustment and Disputes.”
All permits issued to the Contractor by the U.S. Army Corps of Engineers, or other applicable
agencies, for the convenience of the Contractor in accomplishing the Work, shall be complied
with in full and the Project will not be accepted until the permittor has accepted the work
covered by permit. The Contractor will be responsible for obtaining a release from the permittor
before acceptance.
108.10 Use of Explosives. When the use of explosives is necessary for the prosecution of the
work, the Contractor shall exercise the utmost care not to endanger life or property, including
new work. The Contractor shall comply with all laws and ordinances regarding the use of
explosives; further, the Contractor shall be responsible for all damage resulting from the use of
explosives.
All explosives shall be stored in a secure manner in compliance with all laws and ordinances,
and all such storage places shall be clearly marked. Where no local laws or ordinances apply,
storage shall be provided satisfactory to the City and in accordance with the Occupational Safety
and Health Act of 1970, and the Safety and Health Regulations for Construction promulgated
thereunder, but not closer than 1,000’ from the road or from any building or camping area or
place of human occupancy.
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City of Fayetteville
The Contractor shall notify the Fire Marshal of any explosive storage sites.
The Contractor shall notify each public utility company having structures in proximity to the site
of the work of any intention to use explosives. Such notice shall be given sufficiently in advance
to enable the companies to take such steps as they may deem necessary to protect their property
from injury.
108.11 Protection and Restoration of Property and Landscape. The Contractor shall
be responsible for the preservation of all public and private property and shall protect carefully
from disturbance or damage all land monuments and property marks until the Engineer/City
Engineer has witnessed or otherwise referenced their location, and shall not move them until
directed.
The Contractor shall be responsible for all damage or injury to property of any character:
1) during the prosecution of the work, resulting from any act, omission, neglect, or
misconduct in the manner or method of executing the work, or;
2) at any time, due to defective work or materials, and said responsibility will not be
released until the project has been completed and accepted.
Property shall include but not be limited to street and roadway signs, right-of-way monuments,
roadway lighting, traffic signal equipment, and any conduits and wiring. Should it become
evident that any item, such as listed above, is in conflict with the proposed work, the Contractor
will notify the Engineer/City Engineer so that proper steps can be taken to adjust, remove, or
otherwise eliminate the conflict.
Trees located outside of the easements or as indicated on the plans shall be retained and
protected. Any roots 2” or larger in diameter are to be clean cut with a hand saw where they
conflict with excavation work.
When or where any direct or indirect damage or injury is done to public or private property by or
as a result of any act, omission, neglect, or misconduct in the execution of the work, or in
consequence of the non-execution thereof, the Contractor shall restore, or bear the expense of
restoring, such property to a condition similar or equal to that existing before such damage or
injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or shall
make good such damage or injury in an acceptable manner. Failure to do so within a period of
time deemed reasonable by the Owner shall constitute noncompliance, and the City may cause
the entire cost of the restoration to be deducted from moneys due or to become due the
Contractor on the Contract.
108.12 Load Restrictions. The Contractor shall comply with all legal load restrictions in the
hauling of materials on public roads being maintained for the traveling public. A special permit
will not relieve the Contractor of liability for damage that may result from construction
equipment operations. The operation of equipment of such weight or so loaded as to cause
damage to structures or the roadway or to any other type of construction will not be permitted.
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Standard Street and Drainage Specifications
When hauling materials over the base or surface courses under construction, the Contractor shall
limit the hauling as necessary to prevent damage. No loads will be permitted on bases,
pavements, or structures before the expiration of the specified curing period controlling such
operations. The Contractor shall be responsible for repair of all damage resulting from
construction operations. No separate payment will be made for such repairs.
108.13 Opening Section of Roadway to Traffic. Whenever any roadway, or portion
thereof, is in an acceptable condition for travel, it shall be opened to traffic, as may be directed,
and such opening shall not be held to be in any way an acceptance of the roadway, or any part of
it, or as a waiver of any of the provisions of these specifications and the Contract. Necessary
repairs or renewals made on any section of the roadway opened to travel under instructions from
the Engineer/City Engineer, due to defective material or work, or to natural causes, other than
normal wear and tear, pending completion and acceptance of the roadway, shall be performed at
no cost to the Owner.
If the Contractor is dilatory in completing shoulders, drainage structures, or other features of the
work, the Engineer may give notification in writing and establish therein a reasonable period of
time in which the work should be completed. If the Contractor is dilatory or fails to make a
reasonable effort toward completion in this period of time, the Engineer/ City Engineer may take
action as provided in subsection 105.01 “Authority of the Engineer.” On such sections that are so
ordered to be opened, the Contractor shall conduct the remaining construction operations so as to
cause the least obstruction to traffic and shall not receive any added compensation due to the
added cost of the work by reason of opening such section to traffic.
108.14 Contractor’s Responsibility for Work. Until final acceptance of the project by the
City, the Contractor shall have the charge and care thereof and shall take every precaution
against injury, theft, or damage to any part thereof by the action of the elements or from any
other cause, whether arising from the execution or from the non-execution of the work. The
Contractor shall rebuild, repair, restore, and make good all injuries, thefts, or damages to any
portion of the work occasioned by any of the above causes before final acceptance, and shall
bear the expense thereof except damage to the work due to unforeseeable causes beyond the
control of and without the fault or negligence of the Contractor, including but not restricted to
acts of God, of the public enemy, or of governmental authorities.
In case of suspension of work from any cause whatever, the Contractor shall be responsible for
the project and shall take such precautions as may be necessary to prevent damage to the project,
provide for normal drainage and maintenance of the traveled way, and shall erect any necessary
temporary structures, signs, or other facilities. During such period of suspension of work, the
Contractor shall properly and continuously maintain in an acceptable growing condition all
living material in newly established plantings, seedings, and soddings furnished under the
Contract, and shall take adequate precautions to protect new tree growth and other important
vegetative growth against injury.
The protection of the work shall be accomplished at no cost to the City.
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City of Fayetteville
In case of errors or negligence on the part of the Contractor, any expenses incurred by the City
for engineering, observation, inspection, testing, design, or evaluation relative to correction of
the work will be assessed against the Contractor.
108.15 Contractor’s Responsibility for Utility Facilities and Services. At points where
the Contractor’s operations are adjacent to railroad or utility facilities, damage to which may
result in loss or inconvenience, work shall not begin until all arrangements necessary for the
protection thereof have been made.
The Contractor shall cooperate with the owners of any utility facilities in their removal and
rearrangement operations so that these operations may progress in a reasonable manner, that
duplication of rearrangement work may be reduced to a minimum, and that services rendered by
those parties will not be unnecessarily interrupted.
In the event of interruption of utility services, as a result of accidental breakage or as a result of
being exposed or unsupported, the Contractor shall promptly notify the proper authority and shall
cooperate with the said authority in the restoration of service. If utility service is interrupted,
repair work shall be continuous until the service is restored. No work shall be undertaken around
fire hydrants until provisions for continued service have been approved by the Owner.
108.16 Furnishing Right-of-Way. The City will be responsible for the securing of all
necessary rights of way in advance of construction within the limits indicated on the plans.
Acquisition of right-of-way by the City does not include areas required by the Contractor for
material sources ( borrow, gravel, topsoil, sod, etc.), plant sites, equipment storage, stockpiles,
disposal of waste or excess material, or any other areas required for the proper prosecution of the
work. The Contractor is responsible for obtaining, at no cost to the City, areas outside the right -
of-way required for such purposes and shall, at the City’s request, furnish copies of agreements
with the property owners. The Contractor may, with the approval of the City, use areas within
the right-of-way that are outside the construction limits for these purposes. Erosion control,
prevention of water pollution, and restoration of all such areas, both inside and outside the right-
of-way, shall be performed by the Contractor according to the specifications and at no cost to the
City.
108.17 Personal Liability of Public Officials. In carrying out any of the provisions of these
specifications, or in exercising any power or authority granted to them by or within the scope of
the Contract, there shall be no liability upon the City or its authorized representatives, either
personally or as officials of the City, it being understood that in all such matters they act solely
as agents or representatives of the City of Fayetteville.
108.18 No Waiver of Legal Rights. Final acceptance according to Subsection 109.15(b)
Final Acceptance” shall not preclude the City from correcting any measurement, estimate, or
certificate made before or after completion of the work, nor shall the City be precluded from
recovering from the Contractor or the Surety, or both, such overpayment as it may sustain, or by
failure on the part of the Contractor to fulfill obligations under the Contract. A waiver on the part
of the City of any breach of any part of the Contract shall not be held to be a waiver of any other
or subsequent breach.
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The Contractor, without prejudice to the terms of the Contract, shall be liable to the City for any
or all of the following: fraud or such gross mistakes as may amount to fraud, the City’ s rights
under any warranty or guaranty, or any latent defects in the work.
Section 109. Prosecution and Progress
109.01 Subletting of Contract. The Contractor will be permitted to sublet a portion of the
Contract, except that work amounting to not less than 40% of the total Contract amount must be
performed by the Contractor’ s organization. If the Bidder intends to sublet any portion of the
Work, the Bidder shall furnish a list of subcontractors as a material part of his sealed proposal on
the form provided, listing the description of work to be performed by each subcontractor. The
experience, past performance, and ability of each proposed Subcontractor will be considered in
the evaluation of bids. Upon request, the bidder shall furnish experience statements, with
reference to any requested Subcontractor, prior to Notice of Award. If there being no objection in
writing by the Owner to the listed subcontractors prior to the award of the Contract, the
subcontractors will be deemed acceptable to the Owner. If bidder does not intend to sublet any
part of the work, he shall insert the word “ NONE” on the form provided. The Contractor shall
not sublet, sell, transfer, assign, or otherwise dispose of the contract or any portion thereof, of his
right, title, or interest therein, without prior written consent of the Owner and of the surety. The
Contractor shall not remove and/ or substitute the listed subcontractors without prior written
consent of the Owner.
Consent to sublet, assign, or otherwise dispose of any portion of the contract shall not be
construed to relieve the Contractor of his liability under the contract and bonds.
The Contractor shall perform with his own organization, unless otherwise authorized by the
Special Conditions, work amounting to not less than 40% of the total Contract amount. No
subcontractor shall further subcontract any portion of the work without the written consent of the
Contractor and acknowledgement of the Owner.
The Owner will not recognize any subcontractor on the Work as a party to the contract. Nothing
contained in any subcontract shall create any contractual relation between the subcontractor and
the Owner. The Contractor will be held responsible for the progress of the sublet work in
accordance with the contract progress required.
109.02 Prosecution and Progress. Contractor shall be responsible for planning, scheduling
and reporting the progress of the work to ensure timely completion of the Contract. For Contracts
under $ 2 million, or where specified in the Special Conditions, the following schedule
requirements shall apply: Prior to or at the Preconstruction Conference, the Contractor shall
submit two copies of his proposed schedule of operations for acceptance by the Engineer/City
Engineer. The proposed Schedule shall be a bar chart or schematic ( arrow) diagram showing the
work stages and operations for all major activities required by the Contract, including the starting
and completion of date of each part, and shall include dates of any proposed road closure, and
any significant or required milestone events. Unless approved by the Engineer/City Engineer,
activities shown on the Schedule shall not exceed 15 working days in length. The Schedule shall
be of sufficient detail to allow day-to-day monitoring of Contractor’s progress.
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City of Fayetteville
For Contracts over $2 million, the following Critical Path Schedule requirements shall apply:
Prior to or at the Preconstruction Conference, the Contractor shall submit a preliminary network
analysis system defining the Contractor’s planned operations during the first sixty calendar days
after the date of the Notice to Proceed. The Contractor’ s general approach to the remainder of the
Project shall be indicated. Within 30 calendar days of the Notice To Proceed, the Contractor
shall submit a complete network analysis system, consisting of logic diagrams, computer
mathematical analysis, calendar, and narration, to cover the Contractor’s anticipated time
schedule for the complete Project. As a minimum, the network analysis system shall include the
following features:
1) Shall be time-scaled in calendar days with activities plotted on their early start and finish
dates. Unless approved by the Engineer/ City Engineer, activities shown on the Schedule
shall not exceed 30 working days in length.
2) Network diagram shall show the order and interdependence of activities and the proposed
sequence in which the work is to be accomplished as planned by the Contractor in
coordination with all subcontractors. The sequence and logic shall be clear. The critical
path activities shall be prominently distinguished.
3) Network diagram shall show for each activity the preceding and following activity,
activity description, the total float, and the duration of the activity.
4) Activities shown shall include, in addition to construction activities, such tasks as
submittal review and delivery times for long-lead time items, franchise utility work,
subcontractor work, and owner-furnished equipment delivery.
The Contractor shall submit monthly updated Schedules with their pay estimate requests. The
Contractor shall indicate on such updated Schedule actual construction progress, extra work
added to Contract, and any proposed changes to the operation sequence. If the progress of the
Work is significantly behind schedule, the updated Schedule shall also reflect any revised
operation sequence, changes in equipment, labor forces, or working shifts, or other pertinent
factors by which insufficient progress will be made up to allow the Contract completion within
the time set forth in the Contract, including time extensions granted to date.
All submitted schedules and updated schedules shall be reviewed and accepted by the
Engineer/City Engineer. If after review, the Engineer/City Engineer determines that the schedule
is not acceptable per the requirements listed above, the Contractor shall make adjustments and
resubmit the schedule within 30 calendar days. Failure of the Contractor to submit an acceptable
Schedule or monthly updated Schedule as required will be grounds for Owner to withhold an
additional ten percent on the monthly progress payments, in addition to the normal retention,
until Contractor is in compliance. Additional money withheld will be paid, upon compliance, in
the next scheduled monthly estimate.
Acceptance of Contractor’ s schedules by Engineer/City Engineer shall not be construed as
relieving Contractor of the obligation to complete the Work within the Contract Time; or as
granting, rejecting, or in any other way acting on Contractor’s requests for adjustments to the
date for completing Contract Work, or claims for additional compensation. Such requests shall
be processed in strict compliance with other relevant provisions of the Contract.
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Standard Street and Drainage Specifications
No measurement or direct payment will be made for Contractor costs relating to preparation and
submission of schedules, updates and revisions thereto, the cost being considered as included in
the prices paid for Contract items.
Contractor shall carry on the work and maintain the progress schedule during all disputes or
claims with Engineer/ City Engineer. No work shall be delayed or postponed pending resolution
of any disputes or claims, except as Contractor and the Owner may otherwise agree in writing.
Float time is not for the exclusive use or benefit of either the Owner or Contractor. Extension of
time for performance may be granted, as allowed in subsection 109.08, for delays caused solely
by action or inaction by the Owner to the extent that equitable time adjustment for the activity
affected exceeds the total float of the project, or where an impact on the contract completion date
can be shown.
109.03 Limitations of Operations. The Contractor shall conduct the work at all times in
such a manner and in such sequence as will assure the least interference with traffic and utility
services. Due regard shall be given to the location of detours, bypasses, and to the provisions for
handling traffic and utility services. No work shall be opened up to the prejudice or detriment of
work already started. The Engineer/City Engineer may require the Contractor to finish a section
on which work is in progress before work is started on any additional sections if the opening of
such section is essential to public convenience. For roadway overlay projects and drainage
projects, each individual street or section of drainage must be completed, including all site
restoration, within 45 days of the start of work operations within that street or section, unless
otherwise authorized by the Engineer/ City Engineer.
Except in connection with the safety or protection of persons or the work or property at the site,
and except as otherwise indicated in the Contract Documents, all work that requires inspection
shall be performed during City of Fayetteville regular working hours, and Contractor will not
permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday as
designated in Subsection 101( c) “ Definitions” without Engineer/ City Engineer’ s written consent.
Contractor to submit a written request to the Engineer/City Engineer for non-regular working
hours 48 hours in advance of the start of such work.
109.04 Character of Workers, Methods, and Equipment. The Contractor shall at all
times provide sufficient materials, equipment, and labor to guarantee the completion of the
Project according to the Plans and Specifications within the contract time. The Contractor shall
advance the Work so that the available time is appropriately utilized in order to complete the
Work within the contract time.
All workers shall have sufficient skill and experience to perform properly the work assigned to
them. Workers engaged in special work or skilled work shall have sufficient experience in such
work and in the operation of the equipment required to perform all work properly and
satisfactorily.
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City of Fayetteville
Any person employed by the Contractor or by any subcontractor who, in the opinion of the
Engineer, does not perform work in a proper and skillful manner, or is intemperate, belligerent or
disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor
or subcontractor employing such person, and shall not be employed again in any portion of the
work without the approval of the Engineer.
Should the Contractor fail to remove such person or persons as required above, or fail to furnish
suitable and sufficient personnel for the proper prosecution of the Work, the Owner may suspend
the work by written notice and withhold moneys due until such orders are complied with.
All equipment that is proposed to be used on the Work shall be of sufficient size and in such
mechanical condition as to meet requirements of the work and to produce a satisfactory quality
of work. Equipment used on any portion of the project shall be such that no injury to the
roadway, adjacent property, or other facilities will result from its use.
When the methods and equipment to be used by the Contractor in accomplishing the construction
are not prescribed in the Contract, the Contractor is free to use any methods or equipment that
are demonstrated to the satisfaction of the Engineer as being capable of accomplishing the
Contract work in conformity with the requirements of the Contract.
When the Contract specifies that the construction be performed by using certain methods and/ or
equipment, such methods and/or equipment shall be used unless others are authorized by the
Engineer in accordance with Subsection 105. 11 “ Substitution of Materials and Equipment.”
109.05 Determination of Contract Time.
a) General. The time allowed for the completion of the Work included in the Contract will be
stated in the Proposal and Contract, and will be known as the "Contract Time". The contract time
will be specified as a fixed completion date or as calendar days.
The Contractor shall take into consideration all normal conditions considered unfavorable to the
normal progress of the Work and place a sufficient work force and equipment on the project to
ensure completion of the Work within the contract time.
The Engineer/ City Engineer will determine the date upon which the Contract is substantially
complete and time assessment will cease. In the event cleanup is necessary or items found at the
final inspection are to be corrected, the Contractor shall complete this work in a timely manner
or the Engineer/City Engineer will resume time charges.
b) Fixed Completion Date. When the contract time is specified as a fixed date, it will be the
date on which all work on the project shall be substantially complete.
c) Calendar Day. Calendar day contract time includes delays for normal weather-related
events, such as rain, snow, and freezing temperatures that may affect the progress of the
construction in the following amounts on a per-month basis as hereinafter set out. Only weather-
related delays in excess of these amounts will be considered for time extensions, if requested by
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the Contractor. Days Included in Contract Times for Normal Weather-Related Events, on a
monthly basis, are:
Month Days
January 11
February 9
March 8
April 8
May 8
June 8
July 7
August 7
September 7
October 7
November 7
December 8
No changes in contract times will be allowed for any reason without a request in writing from the
contractor. This request shall include reasons for the request with supporting documentation as
proof of extraordinary delays beyond the contractor’ s control. Normal rainfall amounts and soil
conditions will not be considered as reasons for extensions of time, nor will workload of the
Contractor. The request must be submitted for to the Engineer/ City Engineer within 5 days of the
end of the month to be considered. No compensation will be made for monetary damages due to
weather delay( s).
d) Working Day. Only when the contract time is specified in working days, the provisions of
Section 109.08(d) shall apply.
Time will be assessed for each day on which, in the judgment of the Engineer/City Engineer and
subject to the limitations below, conditions allow the Contractor to effectively utilize 60% of
normal forces and equipment to prosecute the work required at that time, for at least 60% of the
Contractor’ s normal working hours, regardless of whether the Contractor actually works.
The Engineer/ City Engineer will not assess a working day when conditions exist beyond the
control and without the fault of the Contractor that prevent the utilization of forces and
equipment as defined above. Also, for the purpose of assessment of working days, inaccessibility
to a portion of the work due to utility conflict or utility work, either of which prevents utilization
of forces and equipment as defined above, will be considered as an adverse working condition
for the time exceeding that specified in the Contract for the utility adjustment. The ability of
vendors, suppliers, and subcontractors to provide materials and/or services is considered within
the Contractor’s control for the purpose of assessment of working days.
Time from December 21 through January 15, inclusive, will not be assessed against the contract
time.
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City of Fayetteville
Saturdays and City recognized holidays, other than those designated above, which may be
declared by the City for certain special or unusual circumstances, will be optional to the
Contractor as working days, and time will not be assessed unless work is performed that requires
inspection. If work is performed, contract time assessment will be based upon the same
conditions as a normal working day.
Contract time will not be assessed during a full suspension of the work as ordered by the
Engineer/City Engineer. During a partial suspension of the work as ordered by the Engineer/City
Engineer, the contract time will be assessed in direct proportion to the ratio of the money value
of the items not suspended to the total contract amount.
Each pay estimate will state the each working day charged during the preceding period and the
total number of working days charged to date. If the Contractor disagrees with the working days
charged by the Engineer/City Engineer, then the Contractor shall, within 10 calendar days of
signing the pay estimate, give the Engineer/ City Engineer written notice of such disagreement
and the reasons therefore. If the Contractor does not provide written notice within 10 calendar
days of signing the pay estimate, no subsequent request for review will be considered.
109.06 Rights in and Use of Materials Found on the Work. The Contractor, with the
approval of the Engineer, may use on the Project such stone, gravel, sand, or other material,
determined suitable by the Engineer, as may be found in the planned excavation and will be paid
both for the excavation of such materials at the corresponding contract unit price and for the pay
item for which the excavated material is used. However, the Contractor shall replace with other
acceptable material at no cost to the Owner all of that portion of the excavation material so
removed and used that was needed for use in the embankments, backfills, approaches, or
otherwise. No charge for the material so used will be made against the Contractor. The
Contractor shall not excavate or remove any material from within the roadway location that is
not within the grading limits, as indicated by the slope and grade lines, without written
authorization from the Engineer.
Planned excavation, for the purposes of this subsection, is defined as all excavation shown on the
plans and/or as changed by the Engineer for any purpose other than obtaining additional material
lying within the planned typical sections and slopes. Planned excavation also includes any
excavation made beyond the ends of the Project for the purpose of blending the new construction
into the existing roadway.
Unless otherwise provided, any material from any existing structures designated salvageable that
is to remain the property of the owner, may be used temporarily by the Contractor in the erection
of the new structure. Such material shall not be cut or otherwise damaged. Material thus used and
subsequently cut or damaged by the Contractor's action or inaction shall be replaced in kind with
new material of like dimension at no cost to the Owner.
109.07 Final Clean Up. Upon completion of the Work and before acceptance and final
payment will be made, the Contractor shall remove from the right-of-way, from any temporary
plant sites, and from any temporary equipment and material storage sites, all construction
equipment, falsework, discarded material, rubbish, debris, temporary structures, footings, and all
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Standard Street and Drainage Specifications
surplus material. The Contractor shall restore in an acceptable manner all property, both public
and private, that has been damaged during the prosecution of the work and shall leave the
waterways unobstructed and the roadway in a neat and presentable condition throughout the
length of the work under contract.
No burning will be permitted on City of Fayetteville property, right-of-way, or easement without
an approved burn permit issued by the City of Fayetteville Fire Department and concurred with
by the Engineer. It is the Contractor’s responsibility to determine prior to bidding whether or not
a burn permit will be approved and issued. When perishable material is burned, it shall be under
the constant care of a competent watcher. Burning shall be accomplished at such times and in
such manner that the surrounding vegetation, adjacent property, or anything designated to remain
on the right-of-way will not be jeopardized. Contractor shall cease all burning when
meteorological conditions are unsuitable for burning operations. Materials and debris that cannot
be burned shall be removed from the right-of-way and disposed of at locations off the project.
Contractor shall have proposed dump sites for waste material approved by the City of
Fayetteville prior to disposition of any waste onto these sites.
The materials, labor, equipment, and expense of the final cleaning up of the Project will not be
paid for separately, but full compensation therefore will be considered included in the contract
unit prices bid for the various items in the Contract.
109.08 Failure to Complete Work on Time. Time is an essential element of the Contract
and it is important that the Work be pressed vigorously to completion. The cost to the Owner of
the administration of the Contract, including engineering, inspection, and supervision, will be
increased as the time occupied in the Work is lengthened. The public is subject to detriment and
inconvenience when full use cannot be made of the Project.
The Owner shall be entitled to recover from the Contractor all ascertainable damages arising
from the delay in completion. Said damages shall include, without limitation, all engineering,
inspection, supervision, and legal expenses directly incurred by the Owner because of such
delay.
Additionally, Contractor agrees that the Owner and/or public will suffer other damage or
financial loss if the Work is not completed on time or within any time extensions allowed in
accordance with the Contract Documents. Contractor and Owner agree that proof of the exact
amount of any such damage or loss is difficult to determine. Accordingly, Contractor agrees to
pay the sums stated in the proposal and Contract as liquidated damages and not as penalty for
each calendar day or part thereof that the Work remains uncompleted after the contract time has
expired.
Should the amount otherwise due the Contractor be less than the amount of such damages
provided above, the Contractor and the Surety shall be liable to the Owner for such deficiency.
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City of Fayetteville
Permitting the Contractor to continue and finish the Work or any part of it after the time fixed for
its completion, or after the date to which the time for completion may have been extended, will
in no way operate as a waiver on the part of the Owner of any of its rights under the Contract.
Section 110. Measurement and Payment
110.01 Measurement of Quantities. Work acceptably completed under the Contract will be
measured by the Engineer/ City Engineer according to United States Standard measures. Only
actual quantities will be paid for unless otherwise specified. Unless otherwise specified, the
following listed methods will be used:
1) For computing volumes of excavated materials specified for measurement by the cubic
yard, the average end area method will be used.
2) Structures will be measured to the neat lines as shown on the plans or as finally
constructed at the direction of the Engineer/ City Engineer.
3) Items that are measured by the linear foot, such as pipe culverts, guardrail, underdrains,
etc., will be measured parallel to the base or foundation upon which such structures are
placed.
4) In determining the area for items bid on a square yard or acre basis, except as noted
below, the longitudinal measurement will be made along the actual surface of the item
and not horizontally, and transverse measurements shall conform to the dimensions
shown on the plans or as directed by the Engineer/City Engineer.
5) In determining the area for all seeding and mulch cover items bid on an acre basis, when
the area is a strip of varying width running approximately parallel to the centerline of the
roadway, the longitudinal dimension will be measured horizontally and the transverse
dimension will be measured parallel to the surface of the area seeded and/or mulched. For
other areas of seeding and mulch cover items, all measurements will be made parallel to
the surface of the area seeded and/or mulched. The area will be computed to the nearest
0.01 acre.
6) Materials that are specified for measurement by the ton shall be hauled in approved
vehicles bearing a plainly legible identification number and weighed on accurate,
approved scales furnished by the Contractor and inspected by a registered scale mechanic
at least once a year and before their use after each move. Scales shall be located at the
loading point or other approved location.
7) The scales shall be an automatic weighing system, with digital or springless dials, and
equipped with an automatic ticket printer. An automatic ticket printer is defined as a
device connected to the weighing system in such manner that it automatically detects the
weight determined by the system. It shall store and recall the TARE weight when the
operator enters the truck identification. It shall print the following information on the
ticket:
a) Gross, Tare, and Net weights.
b) Identification of the truck.
c) Current date.
d) For asphalt mixtures, the time of loading or weighing.
e) A unique ticket number (may be preprinted on the tickets).
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Standard Street and Drainage Specifications
The NET weight should be computed by the weighing system; however, it may be
computed manually and keyed in for printing. When the net weight of the material is
determined by batch weights, the scales used shall meet all applicable requirements
specified for truck scales, including automatic ticket printing, except that the GROSS and
TARE weights will not be required. The ticket shall accompany each load delivered to
the project. In addition to the items shown above that must be printed by the ticket
printer, the following information shall also be shown on each ticket:
a) Identification of the project.
b) Identification of the material being delivered, including mix design numbers for
asphalt mixtures. The ton shall be the short ton of 2000 pounds. Vehicles used to
haul materials measured by weight shall be weighed empty for each load, or shall
be weighed daily or from time to time during the day as the Engineer may direct,
to establish the tare weight of each load. The scales furnished shall be capable of
weighing the entire loaded vehicle at one time. Deduction will be made for the
weight of moisture in aggregates in excess of 5% of the oven-dry weight of the
material.
8) A station when used as a definition or term of measurement will be 100 linear feet
measured horizontally.
9) The term " lump sum" when used as an item of payment will mean complete payment for
the work described in the Contract.
10) When a complete structure or structural unit ( in effect, " lump sum" work) is specified as
the unit of measurement, the unit will be construed to include all necessary fittings and
accessories.
11) When mutually agreed, the plan quantity of any item may be taken as the Final Contract
Quantity. Items to be paid at plan quantity shall be agreed upon in writing before work
begins.
When standard manufactured items are specified such as fence, wire, plates, rolled
shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section
dimensions, etc., such identification will be considered to be nominal weights or
dimensions. Unless more stringently controlled by tolerances in cited specifications,
manufacturing tolerances established by the industries involved will be accepted.
Of necessity the items described and shown as components are discussed in a general manner only,
describing the major pieces of equipment and/ or materials. Any item and/ or appurtenance not
specifically mentioned shall be considered a portion of the bid item to which, in the opinion of the
Engineer, its function is most directly related. Failure to list all items and/ or appurtenances does
not relieve the Contractor from furnishing all apparatus, devices, labor or materials of whatever
nature required for a complete installation in accordance with the intent of the Drawings, approved
Shop Drawings and these Specifications.
The successful Contractor shall, as soon as possible after award of the Contract, submit a list
itemizing the components of each lump sum bid item and their respective costs to be used as an aid
in the preparation of partial payments.
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City of Fayetteville
110.02 Scope of Payment. Payments to the Contractor will be made for the actual quantities
of contract items completed and accepted according to the plans and specifications and if, upon
completion of the construction, these actual quantities show either an increase or decrease from
the quantities given in the proposal schedule, the contract unit prices will still prevail, except as
provided in Subsection 110.03, “ Payment and Compensation for Altered Quantities” below.
The Contractor will receive and accept the compensation herein provided as full payment for
furnishing all materials, labor, equipment, tools, and incidentals necessary to the completed
work; for performing all work contemplated and embraced under the Contract; for all loss or
damage arising out of the nature of the work, or from the action of the elements, or from any
unforeseen difficulties or obstructions that may arise or be encountered during the prosecution of
the work until its final acceptance by the City; for all risks of every description connected with
the prosecution of the work; for all expenses incurred by, or in consequence of, the temporary
suspension or discontinuance of the work as herein specified; for any infringement of patent,
trade mark, or copyright; for all costs of permits, licenses, fees, and taxes; and for completing the
work in an acceptable manner according to the plans and specifications. The payment of current
or final estimate, or of retained percentage, shall in no degree prejudice or affect the obligation of
the Contractor, at no cost to the City, to repair, correct, renew, or replace any defects or
imperfections in the construction of the roadway and its appurtenances, or in the strength of or
quality of materials used therein or thereabouts, or relieve the Contractor from the payment of all
damages due to such defects; provided such defects, imperfections, or damages shall be
discovered on or before the final inspection or acceptance of the entire work. No retained
percentage payable under the Contract, or any part thereof, shall become due and payable, if the
City so elects, until the City is satisfied that the Contractor has fully settled or paid for all
materials and equipment used in or upon the work, and for all labor done in connection
therewith, and the City, if it so elects, may pay any or all such accounts wholly or in part and
deduct the amount or amounts so paid from the final estimate.
Any overpayments made to the Contractor or Surety, from whatever cause, are due and payable
to the City upon receipt by the Contractor or Surety of a request setting forth the particulars,
regardless of pending claims or intention of the Contractor or Surety to file a claim.
110.03 Payment and Compensation for Altered Quantities. When alterations in plans
or quantities of work not requiring a change order are ordered and performed as provided in
Subsection 104.02, “ Alterations of Plans or Character of Work” or 104.03, “ If and Where
Directed Items” and when such alterations result in an increase or a decrease of the quantity of
work to be performed, the Contractor shall accept payment in full at the contract unit prices for
the actual quantities of work accomplished, except as provided in Subsection 104. 02,
Alterations of Plans or Character of Work” or 104.03, “ If and Where Directed Items”, and no
allowance will be made for anticipated profits, organization or overhead expense, or interest.
Increased or decreased work involving change orders will be paid for as stipulated in such
change orders.
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Section 111. Roadway Construction Control
111.01 Description. When this item is included in the proposal, it shall consist of furnishing
and maintaining all lines, grades, and measurements necessary for the proper execution of the
roadway work under the Contract, all according to the plans and specifications.
111.02 Materials. The Contractor shall furnish all stakes, templates, straightedges, surveying
equipment, and other devices necessary for establishing, setting, checking, marking, and
maintaining points, lines, grades, and layout of the work called for on the plans and in the
specifications.
111.03 Construction Requirements.
a) City Responsibilities. The Engineer/ City Engineer will establish the benchmarks and
horizontal control points referenced on the plans, certified correct by the Engineer, and furnish
the data to the Contractor at the beginning of work.
Any additional information provided by the Engineer shall be verified by the Contractor before
use and the Contractor shall accept full responsibility for any costs incurred as the result of the
use of such additional information. Any checking performed by the Engineer/ City Engineer will
not relieve the Contractor of the responsibility for the final results.
The City will be responsible for taking all measurements to establish both current estimate and
final estimate pay quantities, including any horizontal and vertical control points necessary to
complete such measurements. When making these measurements, the Engineer/City Engineer
may use any points, stakes, lines, or elevations that have been set by the Contractor.
b) Contractor Requirements. Roadway Construction Control shall include use by the
Contractor of the plans and the vertical and horizontal control points established by the City as
described above to perform all required construction surveying and layout. The Contractor shall
make all necessary calculations and set all stakes including, but not limited to: centerline stakes;
offset stakes; reference point stakes; additional bench marks as needed; slope stakes; pavement
lines; curb lines; grade stakes; roadway drainage; pipe culverts; box culverts; underdrains;
clearing and grubbing limits; guardrail; fence; blue tops for subgrade, subbase, and base courses;
and any other points, lines, or elevations deemed necessary for proper control of the work.
On projects that include an ACHM overlay and/or Asphalt Surface Treatment, the Contractor
shall mark the stationing by setting a stake at least every 200 feet along the roadway. These
stakes shall be placed on the shoulder or slope so that they will not interfere with the
construction operations, but will be usable for determining locations along the roadway. On
projects with widening sections where a grade line is not shown on the plans, the Contractor
shall profile the existing pavement at the centerline and edges of pavement. This profile data
shall be furnished to the Engineer/City Engineer for use in the establishment of the finished
grade line. This finished grade line will be furnished to the Contractor for use in computing and
setting all grades required to construct the finished roadway section. The Contractor shall be
responsible for joining the work to contiguous roadways and/or bridges in an acceptable manner.
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City of Fayetteville
This shall include making minor adjustments to the plan grade and/ or typical section as
necessary to construct a smooth transition from the new work to match the existing roadway.
The Contractor shall provide sufficient qualified personnel to complete the work accurately. The
supervision of the Contractor' s surveying and personnel shall be the responsibility of the
Contractor, and any errors resulting from the operations of such personnel shall be adjusted or
corrected by the Contractor at no cost to the City.
The Contractor shall maintain adequate survey notes as the work progresses and make them
available to the Engineer/City Engineer on request. Copies of survey notes designated by the
Engineer/ City Engineer shall be provided for the City’ s permanent project records. The
Contractor shall be responsible for the accuracy and uniformity of the construction stakes, lines,
grades, and layouts. Any errors in the work constructed due to errors in the Contractor' s
Roadway Construction Control shall be adjusted or corrected by the Contractor at no cost to the
City.
111.04 Method of Measurement. Roadway Construction Control will be measured as a
complete unit.
111.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract lump sum price bid for Roadway Construction Control, which
price shall be full compensation for furnishing and maintaining all necessary lines, grades, and
measurements; and for furnishing all engineering personnel, equipment, materials, tools, and
incidentals necessary to complete the work.
No adjustments in the lump sum price bid will be made for Roadway Construction Control
required due to normal increases or decreases in Contract quantities. However, if the amount of
Roadway Construction Control required is increased or decreased in connection with a Change
Order, compensation will be adjusted accordingly.
Partial payments for Roadway Construction Control will be made in proportion to the amount of
work accomplished on this item. No additional payment will be made for re-staking needed to
maintain the control.
Payment will be made under:
Pay Item Pay Unit
Roadway Construction Control LS
Section 112. Trench and Excavation Safety Systems
112.01 Description. This item covers trench and excavation safety systems required for
constructing improvements that necessitate open excavations on the project. All work under this
item shall be in accordance with the current edition of the “ Occupational Safety and Health
Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P”,
a copy of which may be purchased from the Superintendent of Documents, U.S. Government
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Standard Street and Drainage Specifications
Printing Office, Washington, D.C. 20402. This document is hereby incorporated into the
Specifications.
112.02 Notifications Required. The Contractor, prior to beginning any excavation, shall
notify the State Department of Labor ( Safety Division) that work is commencing on a project
with excavations greater than five feet.
The contractor shall notify all Utility Companies and Owners in accordance with OSHA
Administration 29 CFR 1926.651(b)(2) for the purpose of locating utilities and underground
installations.
112.03 Existing Structures and Utilities. Where the trench or excavation endangers the
stability of a building, wall, street, highway, utilities or other installation, the Contractor shall
provide support systems such as shoring, bracing, or underpinning to ensure the stability of such
structure or utility.
The Contractor may elect to remove and replace or relocate such structures or utilities with the
written approval of the owner of the structure or utility and the Engineer/ City Engineer.
112.04 Method of Measurement. After award of the contact, the Contractor shall submit to
the Engineer/City Engineer a breakdown of costs for work involved in the lump sum price bid
for “ Trench and Excavation Safety Systems” and shall, with each periodic payment request,
submit a certification by the Contractor’s “ competent person” as defined in Subpart P
1926. 650( b) that the Contractor has complied with the provisions of “ Occupational Safety and
Health Administration Standard for Excavation and Trenches Safety System”, 29 CFR 1926
Subpart P for work which payment is requested.
112.05 Basis of Payment. The work required by this item will be paid for at the lump sum
price for “Trench and Excavation Safety Systems”.
Payment will be made under:
Pay Item Pay Unit
Trench and Excavation Safety Systems LS
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City of Fayetteville
DIVISION 200. EARTHWORK
Section 201. Clearing, Grubbing, and Demolition
201.01 Description. This work consists of clearing, grubbing, removing, and disposing of all
vegetation, obstructions and debris within designated limits of the Right-of-Way and easement
areas. Vegetation and objects designated to remain shall be preserved free from injury or
damage.
201.02 Definitions. Clearing, Grubbing, and Demolition shall be defined as follows:
Clearing shall consist of cutting, removing, and disposing of trees, snags, stumps, shrubs, brush,
limbs, and other vegetative growth. Clearing shall also include the preservation of trees, shrubs,
and vegetative growth, which are not designated for removal.
Grubbing shall consist of the removal and disposal of wood or root matter below the ground
surface remaining after clearing and shall include stumps, trunks, roots, or root systems greater
than 2 inches in diameter to a depth of two feet below the natural ground surface.
Demolition shall consist of removal and disposal of existing fences, drainage structures,
abandoned pipelines or utilities, paving, curbs and gutters, which are not designated to remain.
The work may also include demolishing and/or removing from the site building structures or
portions thereof, which are more particularly described in the plans and Special Provisions,
together with all appurtenances, including canopies, porches, and awnings.
201.03 Construction Requirements. All surface objects, trees, stumps, roots, and other
protruding obstructions designated for removal shall be cleared and grubbed, including required
mowing. Trees not shown for removal on the plans, but are in direct conflict of construction,
shall also be cleared and grubbed. Undisturbed and sound stumps and nonperishable solid objects
located more than two feet below subgrade and slope of embankments may remain in place.
When authorized, stumps and nonperishable solid objects that are located more than 1 foot below
the ground line may remain if they are located outside the construction limits of excavation and
embankment areas.
Trees and other vegetation to be preserved shall be carefully protected from abuse, marring, or
damage during construction operations. Repair of damage to bark, limbs, or roots of trees or
vegetation designated to remain shall be repaired by corrective pruning or other appropriate
methods.
Low hanging, unsound, or unsightly branches shall be removed from trees or shrubs designated
to remain. Trees extending over the roadway shall be trimmed to provide a clear height of 18 feet
about the pavement elevation. All trimming shall be accomplished with skilled workers and in
accordance with good tree surgery practices. Before cutting, removing, or trimming any tree
within the City of Fayetteville, the owner and supervisory personnel of each business performing
commercial tree work shall obtain a city issued commercial tree pruner/ service certificate.
Parking and servicing equipment under branches of trees designated to remain is not allowed.
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Standard Street and Drainage Specifications
Existing pipes, culverts, bridges, and other drainage structures shall be removed to the natural
stream bottom and those parts outside the stream shall be removed to 1 foot below natural
ground surface. Materials designated as City salvaged material shall be dismantled without
damage and stored at designated locations. All other structures shall be removed from the Right -
of-Way.
All concrete pavement, base course, sidewalks, curbs, gutters, buildings, foundations, slabs,
ballast, gravel, bituminous material, and pavement materials shall be disposed of unless
specifically stated otherwise in the Plans or by the Engineer/City Engineer.
Moveable buildings to be demolished may be removed from the right-of-way intact if the
contractor so elects.
Concrete designated for use as rip rap shall be broken into pieces not to exceed 150 pounds and
stockpiled at designated locations or promptly placed where specified on the project.
Ballast, gravel, bituminous material, or other surfacing or pavement materials designated for
salvage shall be stockpiled at designated locations without contaminating the material with dirt
or foreign materials. Old concrete pavement, sidewalks, curbs, gutters, and similar structures to
be left in place shall be sawed to a straight and true vertical line or removed to an existing joint
as shown on the plans or as directed by the Engineer/City Engineer.
In embankment areas, cavities resulting from removal of obstructions shall be backfilled and
compacted with suitable material under Subsection 202. 03.
Disposal of material and debris shall be done under applicable Federal, State, County, and City
laws, ordinances, and regulations. Perishable material if burned shall be under constant care of a
watchman so the surrounding vegetation, adjacent property, and anything designated to remain is
not jeopardized.
Materials and debris may be disposed of by burial at locations acceptable to the City within the
project limits, if at least 12 inches of cover material is provided and the area is graded, shaped,
and seeded according to these specifications or otherwise restored to present a pleasing
appearance. Said burial and restoration shall be at the Contractor’ s expense.
201.04 Measurement and Payment. No measurement of this item will be made. Payment
will be made on a lump sum basis.
Pay Item Pay Unit
Clearing, Grubbing, and Demolition LS
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City of Fayetteville
Section 202. Excavation and Embankment
202.01 Description. This work consists of excavation, hauling, disposal, placement,
consolidation and compaction of all materials encountered within the limits of the work that is
not covered under another item. For purposes of this section, roadway shall be defined as all
locations within 1 foot of the back of curbs and gutters that define the edges of public streets.
Excavation will be classified as one of the following:
a) Unclassified Excavation. Unclassified Excavation consists of the removal and disposal of all
material of whatever character encountered in the work not covered under other items. This shall
include removal of material in existing ditch lines along roadways to a depth of 1 foot below
existing grade in the ditches. This shall also include stripping and excavation of existing material
as required up to a depth of one (1) foot below existing grade in embankment areas.
b) Rock Excavation. Rock Excavation includes removal and disposal of rock material that by
actual demonstration cannot be excavated with a Caterpillar Model No. 215D LC track-mounted
hydraulic excavator equipped with two rippers or similarly approved equipment. Rock
excavation also includes boulders one-half cubic yard or more in volume.
c) Undercut Excavation. Undercut excavation includes removal and disposal of material not
suitable for use as embankment material that is below the proposed subgrade elevation and that
is more than one foot ( 1’) below existing ground within the roadway.
Embankment will be classified as one of the following:
1) Select Embankment. Select Embankment includes all material placed within the limits
of the proposed roadway within 24 inches of the top of subgrade elevation. Select
Embankment material may include approved on-site or approved off-site material
meeting the requirements of section 202.02 (c) below.
2) Embankment. Embankment includes material other than select embankment that is
placed within the limits of construction to achieve planned grades.
202.02 Materials.
a) General. Samples of material to be used as embankment material shall be submitted for
approval per the requirements of these specifications. All material shall meet the requirements
The City of Fayetteville Code of Ordinances.
b) Stone backfill. Stone backfill shall be as defined and specified in subsection 205, Undercut
and Stone Backfill.
c) Embankment. Embankment shall consist of soil, or a mixture of soil and stone or gravel or
other acceptable material, reasonably free from sod, stumps, logs, roots or other perishable or
deleterious matter, and shall be capable of forming a stable embankment when compacted.
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Standard Street and Drainage Specifications
Material placed within 24 inches of the proposed top of subgrade elevation shall meet the
following requirements.
1) Material classified by the AASHTO Soil Classification System as A-1, A-2, or A-3,
having a maximum of 35 percent of the material passing the number 200 sieve, and
having a CBR equal to or greater than 8.
2) Material not meeting the above requirements for AASHTO Classification and
gradation, but having a CBR equal to or greater than 8 and a Liquid Limit and Plasticity
Index of less than or equal to 40 and 15, respectively.
3) Material not meeting the above requirements for liquid limit and plasticity index may
be used if chemically modified by the use of lime, fly ash, or cement. The type and
amount of treatment shall be determined by a material testing lab approved by the City.
The chemically modified soil must meet all requirements of Section 2 above.
202.03 Construction Requirements.
a) General. Excavations and embankments shall be finished to smooth and uniform surfaces.
No excavation material shall be wasted without permission of the Engineer/City Engineer.
Excavation and embankment operations shall be conducted without disturbing material outside
the staked construction limits. Before beginning excavation, grading, and embankment
operations, all necessary clearing, grubbing and top soil removal in that area shall be completed.
Excess or unsuitable excavated material, including topsoil, rock and boulders, shall be disposed
of at locations acceptable to the Engineer/City Engineer. All approved surplus material shall be
used to uniformly widen embankments and flatten slopes within the Right-of-Way. Rocks and
boulders shall be covered with a minimum of one (1) foot of embankment material.
Demolition of old roadways shall include filling of all ditches and grading to restore the original
contour of the ground producing a pleasing appearance by forming natural, rounded slopes.
Removal and disposal of pavements and base courses shall be performed under Section 201.
b) Rock Excavation. Material classified as rock shall be excavated to a minimum depth of 6
inches and a maximum depth of 12 inches below proposed subgrade within the limits of the
roadbed. The excavation shall be backfilled and compacted with material designated in the
Contract or approved by the Engineer/ City Engineer. Rock excavation removed in excess of 12
inches below subgrade will not be measured and paid for. Rock excavation backfill of the depth
in excess of 12 inches below proposed subgrade is at the Contractor’ s expense.
Undrained pockets shall not be left in the rock surface. Depressions shall be drained. Bore holes
shall be drilled along the slope line, maintaining the drill holes at the angle designated on the
plans and ensuring that all drill holes are in the same plane. The diameter, spacing, and loading
of presplit holes shall result in a neat break. The presplitting holes shall be drilled for the full
depth of the ledge. The initial presplitting of a geological formation shall be accomplished
utilizing a 100-foot test section. After drilling, loading, and shooting this test section, the
material shall be removed to determine if the diameter, spacing, and loading of the presplit holes
are adequate to give an acceptable backslope. If the results are determined to be acceptable, the
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City of Fayetteville
presplitting may continue throughout the geological formation using those methods and
procedures. If the presplitting is determined to be unsatisfactory, adjustments shall be made in
the spacing, diameter and loading of the presplit holes utilizing another 100-foot test section.
Presplitting holes shall be loaded with explosives as per the manufacturer’ s recommendations.
The cost of presplitting shall be included in the unit bid price for rock excavation.
c) Undercut Excavation. If and where directed by the Engineer/City Engineer, unsuitable
material encountered at the proposed subgrade elevation shall be removed to the depth specified
or directed by the Engineer/City Engineer and backfilled and compacted with approved off-site
material, in accordance with this section or in accordance with subsection 205, Stone Backfill as
indicated or directed. Excavation operations shall be conducted so necessary measurements can
be taken before replacing unsuitable material with approved backfill.
No payment will be made for this item if:
1) The contractor does not notify the Engineer/ City Engineer of potential areas requiring
undercut before excavating these areas.
2) An area that was previously stable becomes unstable due to actions of the contractor.
These causes include, but are not limited to, ponding of water and construction traffic.
3) The Contractor does not allow the Engineer/ City Engineer sufficient time to measure the
undercut excavation volume before placing backfill material.
In addition, no payment will be made to remove and replace any embankment material placed on
unsuitable soil that subsequently requires removal and replacement.
d) Embankment Construction. Embankment construction includes the preparation of the areas
where embankments are placed, placement and compaction of approved embankment material
for replacement of unsuitable material, and placement and compaction of embankment material
in all cavities and depressions within the roadway area.
Rocks, broken concrete, and other solid materials shall not be placed in embankment areas where
piling is to be placed or driven.
Benching shall be required when embankment is placed on hillsides or against existing
embankment with slopes that are steeper than 6-to-1 when measured at right angles to the
roadway and shall be continuously benched in loose lifts not to exceed 12 inches. Benching shall
be wide enough to permit the operations of placement and compaction equipment. All horizontal
cuts shall begin at the intersection of the ground line and the vertical side of the previous bench.
Existing slopes shall also be stepped to prevent wedging action of the embankment against
structures. Excavation from benching shall be compacted with the new embankment material and
the cost for benching and recompaction shall be included in the unit bid price for excavation.
When natural ground is within 4 feet of the subgrade, all sod and vegetable matter shall be
removed from the surface where embankment is placed. The cleared surface shall be completely
broken up by plowing, scarifying, or stepping to a minimum depth of 6 inches and shall then be
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Standard Street and Drainage Specifications
compacted to the specified embankment density. Sod not requiring removal shall be thoroughly
disked prior to embankment construction. Wherever a compacted road surface containing
granular material lies within 3 feet of the subgrade, the old road surface shall be scarified to a
minimum depth of 6 inches and compacted to the specified embankment density.
If embankment can only be placed on one side of abutments, wing walls, piers, or culvert
headwalls, compaction shall be accomplished without overturning of or placing excessive
pressure against the structure. The fill adjacent to the end bent of a bridge shall not be placed
higher than the bottom of the backwall until the superstructure is in place. When embankment is
placed on both sides of a concrete wall or box-type structure, the embankment shall be brought
up equally on both sides of the structure. Embankment that is adjacent to structures or
inaccessible to normal compaction equipment shall be placed in 4” loose lifts and compacted
with mechanical equipment to 95% of maximum density as determined by AASHTO T99.
Roadway embankment shall be placed in horizontal lifts not to exceed 8 inches ( loose
measurement) and compacted to the specified density before the next lift is placed. Spreading
equipment shall be used to obtain uniform lift thickness prior to compaction. As the compaction
progresses, leveling and manipulating shall be continuous to assure uniform density. Moisture
content shall be increased or decreased as necessary to obtain the required density and stability.
Construction equipment shall be routed uniformly over the entire embankment surface.
When the excavated material consists predominantly of rock too large to be placed in 8-inch lifts,
the material may be placed in thicknesses up to the average rock dimension not to exceed 3 feet.
Each lift shall be leveled and smoothed by distribution of spalls and finer fragments of earth.
Rock shall not be end dumped directly on the previously completed lift of embankment. Rock
shall be dumped in the lift of embankment being constructed and pushed into place. The lifts
shall not be constructed above an elevation 2 feet below the finished subgrade.
A minimum of 2 feet of compacted embankment shall be placed over structures before rock is
placed.
e) Moisture and Density Requirements. All lifts in embankment areas shall be compacted to
not less than 95 percent of the maximum density. The moisture content of the material shall be
uniformly increased or decreased to within 3% of optimum moisture content before compaction.
Maximum density will be determined using AASHTO T99 ( Standard Proctor). In-place field
density measurements shall be determined using AASHTO T 191, T233, or T 310.
Density requirements do not apply to portions of embankments constructed of materials such as
rock that cannot be tested by approved testing methods.
202.04 Method of Measurement.
a) Undercut and Backfill will be measured by the cubic yard of material placed and compacted
according to the specifications and as directed by the Engineer/ City Engineer. Measurements of
the excavated area will be taken by the Engineer/City Engineer after excavation and before
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City of Fayetteville
backfilling. The quantity of Undercut and Backfill will be measured as In Place quantities.
Measurement for undercut will begin at subgrade elevation or one ( 1) foot below existing
ground, whichever is lower.
b) Rock Excavation will be measured by the cubic yard of rock in place actually removed
according to the specifications. Measurements taken after the rock is removed and before any
associated backfilling will be used to calculate rock excavation quantities.
c) Unclassified Excavation will not be measured and the plan quantity will be considered the
final quantity for purposes of final payment, unless changes to the original design are made. In
such case, the revised quantity shall be agreed upon prior to beginning any work associated with
the change.
d) Embankment and Select Embankment will not be measured and the plan quantity will be
considered the final quantity for purposes of final payment, unless changes to the original design
are made. In such case, the revised quantity shall be agreed upon prior to beginning any work
associated with the change.
202.05 Basis of Payment. Quantities of earthwork completed, accepted and measured as
provided above will be paid for at the Contract Price bid as follows:
a) Undercut Excavation shall be paid for at the Contract Price bid per cubic yard ( CY) for
Undercut and Backfill. Said price shall be full compensation for excavation, disposal, furnishing,
hauling, placing, and compacting approved off-site material according to the plans and
specifications. This price shall not include final compaction and finish grading to subgrade
elevation. Final compaction and finish grading will be paid for under the item “ Subgrade
Preparation.”
b) Rock excavation shall be paid for at the Contract Price bid per cubic yard ( CY) for Rock
Excavation. Said price shall be full compensation for rock removal and disposal to the lines and
depths shown on the plans and according to these specifications, and for furnishing, hauling,
placing, and compacting approved material in the excavated area as required.
c) All earthwork not paid for under other items will be paid for under the separate items ( 1)
Unclassified Excavation or (2) Embankment as follows:
1) Excavation shall be paid for at the Contract Price bid per cubic yard ( CY) for Excavation.
Said price shall be full compensation for excavation, hauling off, and disposal of all
materials on the project that are not required for completion of the project; and any other
excavation, grading or other miscellaneous earthwork items not included in other items of
work. The plan quantity will be considered the final quantity for purposes of final
payment, unless changes to the original design are made.
2) Embankment shall be paid for at the Contract Price bid per cubic yard ( CY) for
Embankment. Said price shall be full compensation for placement of materials on the
jobsite, whether from on-site or off-site sources, to establish the lines and grades shown
on the plans; placement of embankment as backfill for excavated areas to 1 foot below
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Standard Street and Drainage Specifications
existing ground in roadway areas; and any other embankment, grading or other
miscellaneous earthwork items not included in other items of work. The plan quantity
will be considered the final quantity for purposes of final payment, unless changes to the
original design are made.
Pay Item Pay Unit
Undercut and Backfill CY
Rock Excavation CY
Unclassified Excavation CY (Plan Quantity)
Select Embankment CY (Plan Quantity)
Embankment CY (Plan Quantity)
Section 203. Subgrade Preparation
203.01 Description. This work consists of preparing the subgrade for placement of the base
course, curb and gutter, and asphalt courses. The intent of this specification is to provide a stable
subgrade consisting of approved material compacted as specified.
203.02 Materials. Materials not specified.
203.03 Construction Requirements. Material at subgrade will receive one or a combination
of the following treatments as directed by the Engineer/ City Engineer:
a) Unsuitable material will be excavated to a depth as directed by the Engineer/ City Engineer,
disposed of, and replaced with off-site material approved by the Engineer/City Engineer. This
material shall be placed and compacted to conform to Subsection 202.03.
b) If the material is acceptable for use as subgrade material, the subgrade will be scarified to a
depth of 8 inches and recompacted to conform to Subsection 202.03 of these Specifications.
c) In areas requiring fill to achieve subgrade elevation, the subgrade shall consist of approved
on-site or off-site material meeting the requirements of Subsection 202.02 and compacted in
accordance with Subsection 202.03 of these Specifications.
The subgrade shall be shaped for its full width to the required grade and cross section. The
finished subgrade shall not vary at any point by more than . 02 foot from the prescribed elevation.
Finished sections damaged by construction operations shall be corrected by the contractor at no
cost to the City.
203.04 Method of Measurement. Measurement for this item will be as follows:
a) Excavation and backfill of any areas of subgrade requiring undercut will be measured as
specified in Section 202.04.
b) Subgrade Preparation will be measured by the square yard. Measurement will include all
subgrade area including areas up to 1’ behind proposed back of curbs or to the edge of the
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City of Fayetteville
roadway pavement where curb is not specified. Measurement will include areas of undercut,
areas that receive scarification and recompaction of existing acceptable material, and areas where
fill material is required to achieve subgrade elevation. The plan quantity will be considered the
final quantity for purposes of final payment, unless changes to the original design are made. In
such case, the revised quantity shall be agreed upon prior to beginning any work associated with
the change.
c) Fill material required to achieve subgrade elevation will be measured as specified in Section
202.4.
203.05 Basis of Payment. Quantities of earthwork completed, accepted and measured as
provided above will be paid for at the Contract Price bid as follows:
a) Undercut Excavation shall be paid for as stated in Section 202.5a. This price shall not include
final compaction and finish grading to subgrade elevation. Final compaction and finish grading
will be paid for under the item “Subgrade Preparation.”
b) Subgrade preparation will be paid for at the Contract Price per square yard (SY) for Subgrade
Preparation. Said price shall be full compensation for scarification ( if required), compaction, and
finish grading of subgrade areas.
Pay Item Pay Unit
Subgrade Preparation SY (Plan Quantity)
Section 204. Select Grading and Topsoil
204.01 Description. This work consists of excavating, placing, and compacting material
between the back of the roadway curb and the limits of the work. It also includes grading and
placing topsoil in this area or other disturbed areas.
204.02 Materials.
a) General. Material used for backfilling curbs and grading for sidewalk shall be free of trash,
organics, and other deleterious materials.
b) Topsoil. Topsoil may be obtained from sources outside the right-of-way limits or from areas
within the project limits that will be occupied by cuts and/ or embankments. When topsoil is
furnished from sources outside the right-of-way, the Contractor shall be responsible for locating
and obtaining the material and for performing all work, including erosion control, prevention of
water pollution, and restoration, according to the specifications. The cost of such work will be
considered included in the contract unit price bid for Topsoil Furnished and Placed. At the
request of the City, the Contractor shall furnish copies of agreements with the property owners.
Topsoil shall be good quality, fertile, friable, surface soil and consist of loamy sand, sandy loam,
clay loam, or sandy clay loam and shall be clean, rich, dark soil that contains adequate organic
material. River sand will not be accepted as topsoil. Topsoil shall be reasonably free from
subsoil, slag, weeds, grasses, roots, or stones greater than:
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Standard Street and Drainage Specifications
1) 1/4 inch for residential/commercial lawn areas, garden areas, or landscaped areas, or;
2) 1 inch for all other areas.
Topsoil shall have a pH suitable for intended use areas. Topsoil shall be obtained only from
naturally well-drained sites where topsoil occurs in depths greater than 4”. Topsoil shall not be
obtained from bogs, marshes or steep clayey slopes. Topsoil shall not be stripped, collected, or
deposited while wet.
In no case shall topsoil be excavated more than 12” from the original ground level. Brush and
other vegetation that will not be incorporated with the soil during handling operations shall be
cut and removed. Ordinary sods and herbaceous growth, such as grass and weeds, shall not be
removed but shall be thoroughly broken up and intermixed with the soil during handling
operations.
204.03 Construction Requirements.
a) Curb Backfill and Grading. After curbs have set sufficiently, they shall be backfilled with
approved material and graded so that no ponding will occur. Areas on which sidewalk or
driveways are to be constructed shall be compacted to 90% of maximum density as measured by
AASHTO T99 or ASTM D698 ( Standard Proctor).
Upon completion of the construction of sidewalks, driveways, and other items of construction
within the construction limits, all areas to receive topsoil shall be excavated, graded, backfilled
and compacted as necessary to remove all depressions, ridges, soft areas, waste concrete, and
other items that will interfere with placement of the topsoil layer. All slopes shall be excavated to
a maximum slope of 1 vertical foot in 3 horizontal feet unless otherwise noted in the plans or
directed by the Engineer.
b) Topsoil Placement. After the areas to receive topsoil have been prepared to the satisfaction
of the Engineer/ City Engineer, topsoil placement may begin.
Topsoil shall be placed on all earth areas to a minimum depth of 4 inches unless shown
otherwise on the plans or directed by the Engineer/City Engineer. Topsoil shall be graded to
within 1 inch of finished elevation, and lightly compacted. Before placing seed all topsoiled
areas shall be lightly scarified and raked to remove rocks, sticks, roots, and other undesirable
materials as outlined in Section 204. 02b.
204.04 Method of Measurement.
a) Curb Backfill and Grading. Backfilling of curbs and grading of areas between the back of
curb and the construction limits will not be measured and is considered subsidiary to excavation
and embankment items.
b) Topsoil. Topsoil furnished and placed will be measured by the square yard based on the
location. Measurement will be made to the permanent street right-of-way or permanent easement
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City of Fayetteville
or to the toe or top of slopes as shown on the plans. Areas outside these limits disturbed by the
Contractor restored in accordance with these Specifications at no cost to the City.
204.05 Basis of Payment. Quantities completed, accepted, and measured as provided above
will be paid for at the Contract Price bid as follows:
a) Topsoil will be paid for at the unit price bid per square yard ( SY). Said price shall be full
compensation for excavating, stockpiling, hauling, placing, grading, and all other labor, tools,
and equipment to provide a layer of topsoil in accordance with the specifications.
Pay Item Pay Unit
4” Topsoil Placement (Yard Areas) SY
4” Topsoil Placement ( Other Areas) SY
Section 205. Undercut and Stone Backfill
205.01 Description. This item shall consist of excavation and disposal of unsuitable materials
and furnishing, hauling, placing, spreading, consolidating and compacting stone materials as
specified at locations designated on the Plans or as designated by the Engineer/City Engineer.
If and where directed by the Engineer/City Engineer, unsuitable material encountered at the
proposed subgrade elevation shall be removed to the depth specified or directed by the
Engineer/City Engineer and backfilled with Stone Backfill as further defined herein.
205.02 Materials.
a) Stone Backfill. Stone for Stone Backfill shall be hard, durable, crushed stone aggregate, as
manufactured by local quarries, ranging in size from 11/2” ( 40mm) minimum to 6” ( 150mm)
maximum. Stone Backfill shall not contain more than 5% by weight of shale, slate or other
deleterious matter. The stone shall be uniformly graded and the amount passing the 11/2” ( 37.5
mm) sieve shall be not more than 10% by weight.
b) Aggregate Base Course Cap. When backfilling with Stone Backfill to subgrade elevation,
or to an elevation below subgrade when directed by the Engineer/ City Engineer, the top 4” to 6”
100 mm to 150 mm) shall be material complying with subsection 401, “ Aggregate Base
Course” for Class 7 Aggregate Base Course.
205.03 Construction Requirements.
a) Excavation. Excavation operations shall be conducted so necessary measurements can be
taken before replacing unsuitable material with approved backfill.
b) Stone Backfill. The area shall be excavated and the Stone Backfill shall be placed within the
limits shown on the Plans or as designated by the Engineer/ City Engineer. The excavated
materials shall be disposed of by the Contractor in compliance with these Specifications. The
stone may be dumped into the areas undercut without regard to depth of layer. The stone shall be
spread, shaped, and consolidated to the line and grade determined in the field by the Engineer to
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Standard Street and Drainage Specifications
provide a firm and unyielding foundation for the subgrade and/ or subbase course and/ or base
course.
c) Aggregate Base Course Cap. The Class 7 Aggregate Base Course Cap shall be compacted
per the requirements of subsection 401, “ Aggregate Base Course”.
205.04 Method of Measurement.
a) Undercut and Stone Backfill will be measured by the ton of material placed and consolidated
or compacted according to the specifications and as directed by the Engineer/City Engineer.
Measurements of the excavated area will be taken by the Engineer/ City Engineer after
excavation and before backfilling. The quantity of Undercut and Backfill will be measured as In
Place quantities. Measurement for undercut will begin at subgrade elevation or one ( 1) foot
below existing ground, whichever is lower.
b) Aggregate Base Course Cap shall not be measured for separate payment but shall be
measured and paid for as Stone Backfill.
205.05 Basis of Payment.
a) Undercut Excavation and Stone Backfill shall be paid for at the Contract Bid Price per ton for
Undercut and Stone Backfill. Said price shall be full compensation for excavation and disposal
of unsuitable material; for furnishing, hauling, placing, shaping and consolidating or compacting
material according to the plans and specifications; and for all labor, equipment, tools, and
incidentals necessary to complete the work. Excavation and backfill authorized by the
Engineer/City Engineer that is in excess of the volume occupied by the Stone Backfill will be
measured and paid for under the appropriate subsections of these Specifications for the
appropriate classifications of material.
b) No payment will be made for this item if:
The contractor does not notify the Engineer/City Engineer of potential areas requiring undercut
before excavating these areas.
An area that was previously stable becomes unstable due to actions of the contractor. These
causes include, but are not limited to, ponding of water and construction traffic.
The Contractor does not allow the Engineer/City Engineer sufficient time to measure the
undercut excavation volume before placing backfill material.
In addition, no payment will be made to remove and replace any embankment material placed on
unsuitable soil that subsequently requires removal and replacement.
Pay Item Pay Unit
Undercut and Stone Backfill Ton
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DIVISION 300. STORM DRAINAGE
Section 301. Storm Drainage Pipe
301.01 Description. This work consists of the construction or reconstruction of pipe culverts,
including excavation and backfill of storm sewer trenches.
301.02 Materials. All materials supplied under the requirements of this section shall meet the
requirements of Section 606 of ARDOT Specifications. All reinforced concrete pipe shall be
Class III unless otherwise shown on the Plans or directed in the Specifications. Sizes and gauges
of corrugated metal pipe shall be as shown on the plans.
301.03 Construction Requirements.
a) General. Unsuitable material excavated for storm sewer placement shall be disposed of
under Subsection 202.03(a). Suitable surplus excavated material shall be used in the construction
of embankments. Unsuitable excavated material below the designed bottom of pipe elevation
shall be replaced and compacted using approved material. Rock, hardpan, and other unyielding
material shall be excavated below the designed grade for a depth of 6 inches minimum and 8
inches maximum. This extra depth excavation shall be backfilled with approved bedding
material. Trenches shall be excavated to a minimum width that allows for proper jointing of the
pipe and compaction of backfill material under and around the pipe. The completed trench
bottom shall be firm for its full length and width.
b) Bedding. All storm sewer pipe shall be bedded with a minimum of 4 inches of approved
granular material. Bedding shall be placed to the required depth and shaped to conform to the
bottom configuration of the pipe.
c) Laying Pipe. Pipe placement shall begin at the downstream end. Pipe shall be in contact with
the shaped bedding throughout its full length. Bell or groove ends of concrete pipe and outside
circumferential laps of flexible pipe shall be placed facing upstream. Flexible pipe shall be
placed with longitudinal laps or seams at the sides.
Paved or partially lined pipe shall be laid so the longitudinal centerline of the paved segment
coincides with the flow line. Elliptical pipe shall be installed so the orientation of a vertical plane
through the longitudinal axis of the conduit does not vary more than 5 degrees from the design
orientation.
Pipe that is not in true alignment or that shows settlement after placement shall be removed and
re-laid at no cost to the City.
d) Joining Pipe. The method of joining pipe sections shall be such that the ends are fully
entered and the inner surfaces are reasonably flush and even.
Pipe protruding through structure walls shall be cut off flush with the inside face of wall and
grouted.
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Standard Street and Drainage Specifications
All surfaces of the joint upon or against which joint seal gaskets may bear shall be smooth, free
of spalls, cracks, fractures, and imperfections that would adversely affect the performance of the
joint. A primer shall be applied if recommended by the manufacturer.
When preformed rubber gasket is selected by the Contractor, the gasket shall be the sole element
depended upon to make the joint flexible and watertight. The gasket shall be a continuous ring
that fits snugly into the annular space between the overlapping surfaces of the assembled pipe
joint to form a flexible watertight seal.
The gasket shall not be stretched more than 30% of its original circumference when seated on the
spigot or tongue end of the pipe.
When bitumen/ butyl plastic gasket is selected by the Contractor, the following procedure shall be
used. The protective wrapping shall be removed from one side of the gasket. The gasket shall be
pressed firmly to the vertical shoulder of the pipe joint, end to end continuing around the entire
circumference of the joint. The remaining protective wrapping shall be removed and the pipe
forced into connection until material fills the joint space.
For either type of gasket used and to ensure an even and well filled joint, the final joining of the
pipe shall be accomplished by either pushing or pulling, by approved mechanical means, each
joint of the pipe as it is laid. In cold weather, when directed, the joint material shall be warmed in
a hot water bath, or by other approved methods, to the extent required to keep the material
pliable for placement without breaking or cracking.
e) Backfilling. The pipe shall be backfilled with bedding material in 4-inch compacted lifts to
the springline. Pipe placed under roadways or driveways will then be backfilled with aggregate
base material meeting the requirements of Section 401 placed in 4-inch lifts compacted to 98%
of maximum density near optimum moisture as determined by AASHTO T180 or ASTM D1557.
Flowable fill in accordance with these specifications may be used as an alternate to the aggregate
base material. For the purpose of this section, roadway shall be defined as back of curb to back
of curb.
All other areas shall be backfilled with material free from lumps or clods placed in layers not to
exceed 6” at or near optimum moisture content and compacted with mechanical equipment to
90% of the maximum density, as determined by AASHTO T 99 or ASTM D698, to the limits
shown on the plans. Pipe damaged during construction operations shall be replaced at no cost to
the City.
When the existing material excavated for the pipe trench is declared by the Engineer/City
Engineer as unsuitable for pipe backfill, this material shall be placed at other locations on the job
and used to backfill behind curbs and/or placed on the fill slopes. If the Engineer/City Engineer
determines that no suitable location exists on the job to utilize this material, the Engineer/ City
Engineer may approve the material to be wasted at an appropriate location outside the job limits.
Material declared unsuitable for backfill shall be replaced with suitable material from roadway
excavation and/or off-site sources.
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City of Fayetteville
f)Curtain walls for Flared End Sections. The foundation for curtain walls shall be prepared to
the required depth. For cast-in-place curtain walls, the forming, placement of reinforcing steel,
and placement, finishing, and curing of concrete shall be according to the applicable
requirements of subsections 601’ “ Cast-in-Place Concrete” and 602, “ Reinforcing Steel”. Precast
curtain walls shall be installed according to the applicable requirements for laying concrete pipe.
Curtain walls shall not be measured for separate payment but shall be included with and
subsidiary to Flared End Sections.
g) Temporary Repairs for Roadway Cuts. All roadway cuts shall be temporarily or
permanently repaired in accordance with Section 405, “ Asphalt Concrete Patching For
Maintenance of Traffic” within 24 hours of the completion of trench backfill for the work, or
segment of work, which required the excavation and/ or cut.
301.04 Method of Measurement. Storm drainage pipe of the type and size specified will be
measured by the linear foot (LF) measured parallel to the flowline of the pipe. Where inlets,
junction boxes, or other structures are included in lines of pipe, that length of pipe extending to
and flush with the inside of the structure wall will be included for measurement but no other
portion of the structure length or width will be so included. Whenever possible, the lengths
shown on the plans may be adjusted by the Engineer/City Engineer to accommodate the pipe
lengths available from the supplier that most nearly match the plan lengths. Flared end sections
for pipe culverts will be measured by the unit and will include the curtain wall, complete in
place.
301.05 Basis of Payment. Work completed, accepted, and measured as provided above will
be paid for at the Contract Price bid as follows:
a) Pipe will be paid for at the unit price per linear foot ( LF) for each type and size of pipe and
type of backfill specified; which price shall be full compensation for furnishing, hauling, and
installing the pipe; for material including joint filler for concrete pipe and connection bands for
metal pipe; for excavation and backfilling, including Class 7 base as required, and for all other
labor, tools, and equipment necessary to complete the work.
b) Flared End Sections ( FES) will be paid for at the unit price per each ( EA) for the type and
size of the flared end section specified; which price shall be full compensation for furnishing,
hauling, and installing the flared end sections; for material including joint filler for concrete pipe
and connection bands for metal flared end sections; for curtain walls complete in place; for
excavation and backfilling, including compacted backfill, and for all other labor, tools, and
equipment necessary to complete the work.
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Standard Street and Drainage Specifications
Payment will be made under:
Pay Item Pay Unit
Pipe Type and Material) Under Pavement LF
Pipe Type and Material) LF
FES Type and Material) EA
Section 302. Drop Inlets and Junction Boxes
302.01 Description. This item shall consist of the construction of drop inlets, junction boxes,
and drop inlet extensions with rings and covers or grates and frames.
302.02 Materials.
a) All concrete for this section shall conform to the requirements for Class 1 Concrete as
provided in Section 601.
b) Reinforcing steel shall conform to the requirements of Section 602.
c) Steel for welded steel grates and frames shall conform to the requirements of ASTM A 36.
d) Iron castings for rings and covers, grates and frames, and other appurtenances shall conform
to the requirements of ASTM A 48, Class 30A. Bearing surfaces between rings and covers or
grates and frames shall be cast or machined with such precision that uniform bearing shall be
provided throughout the perimeter area of contact. Castings shall be of the weight shown on the
plans. Minimum weight of ring and lid shall be 275 pounds. The lid shall include the standard
City of Fayetteville logo according to the Standard Details.
e) Precast concrete units of the type, size, and designation shown on the plans may not be used
unless written permission is given by the City. Precast units shall be subject to the requirements
of AASHTO M 199. Units so manufactured must be certified by a professional engineer
registered in the State of Arkansas that they have been designed and manufactured according to
AASHTO M199 and that they meet the requirements for HS20 loading. Joint materials shall
conform to Subsection 301.02.
f)Curing Materials. Curing materials shall meet the requirements of Subsection 601.15.
302.03 Construction Requirements. Drop inlets, junction boxes, and drop inlet extensions
shall be constructed with either reinforced or non-reinforced concrete, as shown on the plans.
Concrete shall not be placed until the Engineer/City Engineer has inspected the forms and the
placement of reinforcing steel and rings or frames.
Round monolithic drop inlets may have the floors cast monolithically with the walls. All other
concrete floors shall be placed at least 24 hours before beginning construction of the walls. A
longer period of time may be required if weather conditions make it necessary.
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When completed, the concrete shall be cured as specified in Subsection 601. 15.
Walls shall be constructed to form a tight joint with the floor and around the inlet and outlet
pipes. Pipes shall be cut flush with the inside surfaces of the wall.
Utility lines that are carried through the walls shall be protected in an approved manner to avoid
damage.
Faces of drop inlets and drop inlet extensions shall be placed as a part of the curb in order to
preserve the proper alignment.
Precast concrete drop inlets or junction boxes may be used only by special permission of the
City. Inlet and extension tops and throats will be cast-in-place with no exceptions.
Precast reinforced concrete drop inlet or junction box sections shall be carefully set with joints
conforming to the requirements of Subsection 301.03(d).
Metal rings or frames shall be set accurately to the finished elevations so that no subsequent
adjustments will be necessary. They shall be set in a full mortar bed with firm bearing on the
walls or securely fastened to the forms so that no movement will occur when concrete is placed
around them.
Welded steel grates and frames shall be welded with ¼” fillet welds, and painted in accordance
with the plans.
302.04 Backfilling. Backfill around inlets and junction boxes shall be with approved material
as defined in the following paragraphs. Backfilling of inlets and junction boxes shall not begin
until results of concrete cylinder tests demonstrate that concrete has reached 75% of specified
strength. Backfill material shall be placed in layers not to exceed 4” in depth and shall be
compacted to 98% of maximum density as measured by AASHTO T 99 for soil materials or by
AASHTO T 180 for aggregate base materials.
All structures or parts of structures that fall within the limits of the roadway ( defined as
centerline to 1’ behind the backs of curbs) shall be backfilled with aggregate base material unless
otherwise allowed in writing by the Engineer/ City Engineer.
Structures in other areas shall be backfilled with approved material provided from on-site or off-
site areas.
Structures shall be cleaned of any accumulation of silt, debris, or foreign matter of any kind, and
shall be reasonably free of such accumulations at the time of final inspection.
302.05 Method of Measurement. Drop inlets, junction boxes, and drop inlet extensions will
be measured by the unit. One drop inlet extension unit is measured at a 4’ length. Each unit shall
consist of the concrete frame, the ring and grate, and any pipe required to form the vertical
portion of the drain including a standard elbow or tee.
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Standard Street and Drainage Specifications
302.06 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid each for Drop Inlets, Drop Inlet Extensions, or
Junction Boxes, of the size and type specified, which price shall be full compensation for
constructing drop inlets, drop inlet extensions, or junction boxes; for furnishing, installing, and
painting (if required), of rings and covers or grates and frames; for excavation and backfill; and
for all materials, labor, tools, equipment, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Size) Drop Inlets (Type) EA
Size) Junction Boxes ( Type) EA
Size) Drop Inlet Extension EA
Section 303. Concrete Box Culverts
303.01 Description. This work consists of constructing reinforced concrete box culverts, in
accordance with the details shown on the plans, and to the lines, grades, and dimensions shown
on the plans. This work also includes associated wingwalls and aprons at the ends of the box
culvert.
303.02 Materials. Concrete for reinforced concrete box culverts shall be Class 1 in accordance
with Section 601 unless specified otherwise. Reinforcing steel shall be in accordance with
Section 602. Precast concrete box culverts shall be subject to the requirements of AASHTO M
259-98 and AASHTO M 273-00. Units so manufactured must be designed and certified by a
professional engineer registered in the State of Arkansas that the precast culvert(s) have been
designed and manufactured according to AASHTO M 259-988 and/ or AASHTO M 273-00 for
the site-specific conditions and the requirements for minimum HS20 live load.
303.03 Construction Requirements. Concrete box culverts shall be constructed on firm,
unyielding material. Unsuitable material found at the planned elevation of the box bottom shall
be removed and replaced with material acceptable to the Engineer/ City Engineer to provide an
adequate foundation for construction of the box culvert. No concrete shall be placed before
approval of the subgrade by the Engineer/ City Engineer.
Reinforcing steel and concrete for box culverts shall be provided and placed in accordance with
Sections 601 and 602 and as detailed on the plans. All concrete shall be placed in the dry unless
otherwise directed by the Engineer/ City Engineer.
Precast box culverts shall be placed in accordance with Section 301.03.
Backfill material placed within the roadway limits ( defined as centerline of roadway to 1’ behind
the back of curb) or under driveways and parking lots shall be ARDOT Class 7 aggregate base
material or gravelly clay material, generally known as “ hillside”. Aggregate base shall be placed
in layers not to exceed 4” loose depth and shall be compacted to 98% of maximum density as
determined by AASHTO T 180 or ASTM D1557. “ Hillside” material shall be placed in layers
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City of Fayetteville
not to exceed 8” loose depth and shall be compacted to 95% of maximum density as determined
by AASHTO T 99 or ASTM D698.
Backfill material placed in other areas shall be “ hillside” material or other material that may be
approved by the Engineer/ City Engineer. Backfill in these areas shall be placed in layers not to
exceed 8” loose depth and shall be compacted to 90% of maximum density as determined by
AASHTO T 99 or ASTM D698.
No backfill shall be placed against box culvert walls or on box culvert tops until the concrete has
cured for 14 days and until test cylinders show that the minimum specified strength has been
obtained.
Backfill shall be placed and compacted on both sides of the box culvert simultaneously.
Structures shall be cleaned of any accumulation of silt, debris, or foreign matter of any kind, and
shall be reasonably free of such accumulations at the time of final inspection.
303.04 Method of Measurement. Measurement will be by one of the following methods as
detailed below. The method to be used will be stated in the bid form.
a) Lump Sum Method. No measurement will be made for this item. Payment will be on a lump
sum basis.
b) Unit Price Method. Concrete box culverts will be measured by the linear foot (LF) of box
culvert constructed. Measurement will be taken at the centerline of the box culvert. Wingwalls,
headwalls, and other appurtenances will not be measured under this item but will be considered
as a separate lump sum item.
303.05 Basis of Payment.
a) Lump Sum Method. Payment using this method will be on a lump sum basis. The lump sum
price shall include all labor, materials, equipment, and incidentals necessary to completely
construct each box culvert. Payment shall also include construction of all wingwalls, headwalls,
and other appurtenances, as shown on the plans, excavation, backfill, and over excavation as
necessary to provide a stable subgrade for box culvert construction.
b) Unit Price Method. Payment using this method will be made at the per linear foot price ( LF)
for box culvert completed, accepted and measured as provided above. The per lineal foot price
shall include all labor, materials, equipment, and incidentals necessary to completely construct
each box culvert. Payment shall also include excavation, backfill, and over excavation as
necessary to provide a stable subgrade for box culvert construction. This per linear foot price
shall not include construction of headwalls, wingwalls, and other appurtenances. They will be
paid on a lump sum basis for each box culvert.
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Standard Street and Drainage Specifications
Payment will be made under:
Pay Item Pay Unit
Size) Cast-in-Place Concrete Box Culvert LS or LF
Size) Precast Concrete Box Culvert LS or LF
Wingwalls & Appurtenances LS
Section 304. Vacant
Section 305. Open Channels
305.01 Description. This work consists of construction of open channels, including earthen
and concrete channels.
305.02 Channel Excavation. Channels shall be excavated to the lines and grades shown on
the plans. All constructed grades and slopes shall be within 0.1 feet of the plan grade. Ponding
or standing water in the constructed channel will not be allowed.
305.03 Earthen Channel Finishes. Earthen channels shall receive a 4” minimum layer of
topsoil meeting the requirements of Section 204. Topsoil shall be firmly compacted, then the
surface scarified in preparation for seed or sod. All rocks and clods larger than 1 inch in diameter
shall be removed before seeding or sodding operations begin. Seeding or sodding as specified on
the plans shall be accomplished according to the requirements of Section 505. Erosion control
fabric, if specified, shall be placed according to manufacturer’ s specifications. Fabric shall be of
the type specified unless an alternate type is approved in writing by the City. The Contractor
shall submit a sample of the alternate fabric type along with specifications before such approval
is granted.
305.04 Concrete Ditch Paving.
a) Materials. Concrete for ditch paving shall be Class 1 concrete in accordance with section
601.
b) Construction Requirements.
1) Subgrade. The subgrade shall be excavated or filled to the required grade. Soft and
yielding material shall be removed and replaced with suitable material and the entire
subgrade shall be thoroughly compacted.
2) Forms. Forms shall be constructed of metal or wood, free from warp, and of sufficient
strength to resist springing during the process of depositing concrete. They shall be
securely staked, braced, set, and held firmly to the required line and grade. Forms shall be
cleaned and oiled before concrete is placed against them.
3) Placing and Finishing. The concrete shall be deposited in the forms upon a wetted
subgrade to such depth that when it is compacted and finished, the flow line shall be at
the required elevation and the sides at required widths, slopes, and thicknesses. The
concrete shall be thoroughly compacted and the edges along the forms spaded to prevent
honeycomb. The flow lines and sides shall be struck off with a straightedge and tamped
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City of Fayetteville
sufficiently to flush mortar to the surface, after which it shall be finished with a wood
float to a smooth and even surface. Edges shall be rounded with a ¼” edger.
Transverse joints ¼” wide shall be tooled or sawed perpendicular to the flow line at
intervals not greater than 15’ measured longitudinally along the flow line. Joints shall
continue across the bottom and up the slope to form a continuous joint. 3” diameter
weepholes shall be spaced at 10’ intervals along the channel. These weepholes shall be
constructed in both channel walls a minimum of 6 inches and a maximum of 1 foot above
the channel flowline. Weepholes will not be required if the channel wall is less than 1’
tall.
When completed, the concrete shall be cured as specified in Section 601.
4) Backfilling. Immediately after the forms have been removed, the spaces on each side of
the paving shall be backfilled with suitable material and compacted with mechanical
equipment. Solid sodding shall be placed in conjunction with backfill when provided on
the plans.
5) Expansion Joints. When a section of ditch paving terminates at a drop inlet or other
structure, a space not less than ½” wide shall be left between the end of the paving and
the structure. This space shall be filled with joint filler conforming to the requirements of
AASHTO M 213. Expansion joints shall also be placed between successive placements
or as directed by the Engineer/ City Engineer
6) Placement on Slopes. Slope paving shall begin at the toe of the slope and be constructed
to the lines and dimensions as shown on the plans or as directed.
7) Toewalls. Concrete toewalls shall be constructed at the ends of all paved channels that do
not terminate at a concrete structure. Toewalls shall be a minimum of 8” thick and 3’
deep below the flowline of the channel, and shall be placed monolithically with the
concrete channel.
305.05 Method of Measurement.
a) Excavation for earthen or concrete channels shall be measured by the cubic yard ( CY) of
material removed. Quantities will be measured by cross sections taken before and after
excavation operations. Payment for plan quantity of channel excavation will be made unless a
change in the channel profile or cross section is made.
b) Concrete channels will be measured by the square yard (SY) of concrete placed.
c) Erosion control fabric will be measured by the square yard (SY) of area covered by fabric.
Overlaps, splices, and other additional fabric required for proper placement of fabric according
to manufacturers’ specifications will not be measured.
305.06 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price per square yard for concrete channels and per square
yard for erosion control fabric. Said price shall be full compensation for placement and finishing
of concrete as specified, placement of erosion control fabric per manufacturer’ s specifications,
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Standard Street and Drainage Specifications
and all other labor, equipment, and materials necessary for a complete installation of each item
as detailed on the plans.
Excavation will be paid on a CY basis. The plan quantity will be considered the final quantity for
purposes of final payment, unless changes to the original design are made. Payment for
excavation shall include excavation and removal of material as required, grading to proposed
elevations, and all other items of work required to prepare proposed channel areas for concrete or
topsoil as required. Topsoil, seeding, and sodding as specified or shown on the plans will be paid
for under other items of work.
Payment will be made under:
Pay Item Pay Unit
Channel Excavation CY (Plan Quantity)
Concrete Ditch Paving SY
Erosion Control Fabric SY
Section 306. Filter Blanket and Riprap
306.01 Description. This item consists of a protective layer of riprap, including filter blanket.
306.02 Materials. Stone for riprap shall be from an approved source and shall consist of a
durable material with a percent of wear not greater than 45 by the Los Angeles Abrasion Test
AASHTO T96). Riprap stone shall have angular or fractured faces, and shall not weigh less than
140 pounds per cubic foot.
Riprap stone shall be well graded to produce a minimum of voids. The maximum size of each
piece shall be no greater than 18” in any dimension, and approximately 50% of material shall
consist of pieces weighing 35 pounds or more.
Filter blanket material shall consist of crushed stone reasonably well graded from coarse to fine
as approved by the Engineer/ City Engineer, or shall be a synthetic geotextile filter fabric meeting
the requirements of AASHTO M288 for Erosion Control Class A.
306.03 Construction Requirements.
a) General. Prior to placing filter blanket and riprap, the slopes shall be shaped as shown on the
plans. When rock or hard shale is encountered at the toe of the slope, the riprap shall be keyed
into this material the depth of the riprap.
Riprap shall be placed immediately following construction of the embankment in order to
provide slope protection.
b) Filter Blanket. Granular filter blanket material shall be spread uniformly on the previously
prepared and approved surface to the thickness and location shown on the plans. Placement of
the material by methods that will cause segregation or cause damage to the surface will not be
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City of Fayetteville
permitted. Compaction of filter blanket will not be required, but it shall be finished to present a
reasonably even surface free from mounds or windrows.
When fabric is used in lieu of granular material, it shall be placed directly on the prepared
surface. Fabric sections may be placed vertically or horizontally on the slope. Adjacent fabric
sections shall be joined by overlapping a minimum of 2’ at the edges and pinning the overlapped
strip with U-shaped wire pins, single shaped steel pins with metal disc heads, or similar
fasteners. The fasteners shall be 6” or more in length and shall hold the fabric firmly in place.
Fasteners shall be inserted through both strips of overlapped fabric at intervals of approximately
4’ along the overlap. Additional pins shall be installed as necessary to prevent displacement of
the fabric.
Fabric shall be overlapped in the direction of water flow. The fabric shall be turned down and
buried approximately 12” at the exterior limits.
No construction equipment will be permitted directly on the fabric.
c) Dumped Riprap. Stone or broken concrete for dumped riprap shall be placed in such a
manner as to produce a reasonably well graded mass of rock with the minimum practicable
percentage of voids and shall be constructed to the lines and grades shown on the plans or as
directed by the Engineer/ City Engineer. Unless otherwise specified, the minimum rip-rap depth
shall be 18 inches. Material shall be placed in such a manner as to avoid displacing the
underlying material. The larger pieces shall be well distributed throughout the entire mass and
the finished riprap shall be free from objectionable pockets of small or large pieces. Hand
placing, to a limited extent, may be required, but only to the extent necessary to secure the results
specified above. Placing riprap by dumping into chutes or by similar methods likely to cause
segregation of various sizes will not be permitted.
Riprap stone shall not be deposited in a manner that will cause damage to the filter blanket. Any
damage to fabric during placement of riprap shall be corrected by the Contractor at no cost to the
City prior to proceeding with the work. Damaged fabric shall be repaired by placing a piece of
fabric large enough to cover the damaged area, overlapping, and pinning in accordance with this
section.
306.04 Measurement and Payment. Quantities of 18” thick rip-rap will be measured by the
square yard (SY). Filter blanket will not be measured.
Payment for quantities of rip-rap completed and accepted and measured as provided above will
be paid for at the unit contract price bid per square yard. Said price shall be full compensation for
excavation and grading, placement of filter fabric, and placement of the rip-rap to the lines,
grades, and depth specified.
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Payment will be made under:
Pay Item Pay Unit
Rip Rap SY
Section 307. Flowable Select Material
307.01 Description. This item shall consist of the furnishing, mixing, and placing a flowable
mixture of portland cement, fly ash, sand, and water for backfilling bridge abutments, pipe
culverts, box culverts, structural plate pipe and arches, or other uses as approved by the
Engineer/City Engineer. The material shall be placed in close conformity with the lines, grades,
dimensions, and details shown on the plans or established by the Engineer.
307.02 Materials. The materials used in the flowable select material shall conform to the
applicable requirements of Section 601. The portland cement, fly ash, and chemical admixtures
shall be listed on the QPL.
a) Mix Design. The mix design will be prepared by the Contractor. The mixture will be
proportioned to produce a flowable mixture without segregation. Material for one cubic yard,
absolute volume, shall be as follows:
Cement 80 -100 lbs.
Fly ash 220 - 300 lbs.
Sand Variable to equal one cubic yard
Water Approximately 65 gallons
The minimum flow of the mixture shall be 8" as determined by the test method described herein.
The unit weight shall be a minimum of 110 lbs./cubic foot. The mix design shall be accompanied
by the following documentation:
1) A listing of the weights of all components of the proposed mix (water and admixtures
may be measured by volume);
2) Certified test results for flow and unit weight.
When unsatisfactory results or other conditions make it necessary, a new mix design will be
established.
b) Sampling and Testing. Sampling and testing will be performed by the City. The flow test
shall consist of filling a 3" diameter x 6" high open-ended cylinder to the top with the flowable
material mixture. If necessary, the top of the mixture will be struck off level. The cylinder will
then be pulled straight up and the flow will be measured by the approximate diameter of the
mixture. There shall be no evidence of segregation in the mixture. The unit weight shall be
determined according to AASHTO T 121, except that rodding and tapping shall not be done.
307.03 Construction Requirements. The Contractor shall provide sufficient supervision,
labor, equipment, tools, and materials to assure proper production, delivery, and placement.
When deemed necessary by the Engineer/City Engineer, the flowable select material shall be
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City of Fayetteville
contained within the designated area by metal or wood forms that are sufficiently tight as to keep
the loss of material to a minimum, or by other means as approved by the Engineer/City Engineer.
The flowable select material shall be discharged from the mixer and conveyed into the space to
be filled according to Section 601. The fill material shall be brought up uniformly to the fill line
shown on the plans or as directed by the Engineer/ City Engineer. Placing of other material over
flowable select material may begin after the flowable select material has taken its initial set, is
stable, and does not displace under equipment.
307.04 Method of Measurement. Flowable Select Material will be measured by the cubic
yard. The quantities shown included in the proposal will be considered the final quantities and no
further measurement will be made unless, in the opinion of the Engineer or upon evidence
furnished by the Contractor, substantial variations exist between the planned quantities and
actual quantities due to changes in alignment or dimensions or to apparent errors.
307.05 Basis of Payment. Work completed, accepted, and measured as provided above will
be paid for at the contract unit price bid per cubic yard for Flowable Select Material, which price
shall be full compensation for designing the mix; for furnishing, mixing, and placing the
material; and for all labor, equipment, tools, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Flowable Select Material CY
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Standard Street and Drainage Specifications
DIVISION 400. BASE AND PAVING
Section 401. Aggregate Base Course
401.01 Description. This work consists of preparing an aggregate base course on a prepared
foundation.
401.02 Materials. Materials for aggregate base course shall meet the requirements of the
ARDOT Standard Specifications ( 2014) Section 303 for Class 7.
401.03 Construction Requirements. The base course material shall be placed on a
completed and approved subgrade or existing base that has been bladed to substantially conform
to the grade and cross section shown on the plans.
The subgrade shall be prepared as specified in Section 203 and shall be free from an excess or
deficiency of moisture at the time of placing base course material. The subgrade shall also
comply, where applicable, with the requirements of other items that may be contained in the
Contract that provide for the construction, reconstruction, or shaping of the subgrade or the
reconstruction of the existing base course. Base course material shall not be placed on a frozen
subgrade or subbase.
The aggregate shall be placed on the subgrade or other base course material and spread
uniformly to such depth and lines that when compacted it will have the thickness, width, and
cross section shown on the plans. Unless otherwise specified or directed, base material shall
extend full depth to 1’ beyond the planned back of curb line.
If the specified compacted depth of the base course exceeds 8” the base shall be constructed in
two or more layers of approximately equal thickness.
The material shall be spread the same day that it is hauled. Spreading shall be performed in such
a manner that no segregation of coarse and fine particles nor nests or hard areas caused by
dumping the aggregate on the subgrade will exist. Care shall be taken to prevent mixing of
subgrade or unspecified material with the base course material in the blading and spreading
operation.
When the base course is placed adjacent to an existing or newly constructed asphalt surface
course or portland cement concrete pavement, the aggregate shall not be dumped or mixed on the
pavement surface. Mechanical spreading equipment shall be used, if necessary, to place the base
course on the subgrade.
Each course shall be thoroughly mixed for the full depth of the course and shall be compacted by
any satisfactory method that will produce the density specified. The aggregate shall be
maintained substantially at optimum moisture during the mixing, spreading, and compacting
operations. The specified grade and cross section shall be maintained by blading throughout the
compaction operation. The material in each course shall be compacted to a density, not less than
98% of the maximum density determined in the laboratory by AASHTO T 180 or ASTM D1557.
The aggregate shall be compacted across the full width of application.
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City of Fayetteville
The compacted base course shall be tested for depth and any deficiencies corrected by scarifying,
placing additional material, mixing, reshaping, and recompacting to the specified density, as
directed. The base course shall be shaped for its full width to the required grade and cross
section. The finished base course layer shall not vary at any point by more than . 02 foot from the
prescribed elevation.
The Contractor shall maintain the base course in a satisfactory condition until accepted.
401.04 Method of Measurement. Aggregate base course will be measured in square yards of
material in place per the plans. Measurement will include areas up to 1’ behind the backs of
curbs if required on the plans. Aggregate base course placed beyond 1’ behind the back of curbs
will not be measured.
401.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per square yard for Aggregate Base Course, which
price shall be full compensation for preparing the subgrade; for furnishing material; for
spreading; finishing, watering, manipulating, and compacting; and for all labor, equipment, tools,
and incidentals necessary to complete the work.
Pay Item Pay Unit
Depth) Aggregate Base Course SY
Section 402. Prime and Tack Coats
402.01 Description. This work consists of preparing and treating an existing surface with
asphalt or emulsified petroleum products and, if required, blotter material.
402.02 Materials.
a) Asphalt. Asphalt cement shall meet the requirements of AASHTO M 20 or M 226.
b) Emulsified Asphalt. Emulsified asphalt shall meet the requirements of AASHTO M 140 or
M 208.
c) Emulsified Petroleum Products. Emulsified petroleum products, “ EPR-1 Prime” or
approved equal, may be used as the Prime Coat when indicated on the Plans or approved by the
Engineer/ City Engineer.
d) Blotter Material. Aggregate for blotter material shall meet the requirements of AASHTO M
43 for size 10.
Asphalt will be conditionally accepted at the source. Blotter material may be accepted in the
stockpile, at the source, or at the roadway prior to placement.
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Standard Street and Drainage Specifications
402.03 Construction Requirements.
a) Weather Limitations. Prime coat shall not be applied on a wet surface, when the surface
temperature is below 45°F, or when weather conditions would prevent the proper construction of
the prime coat.
Tack coat shall not be applied unless weather conditions meet the requirements for laying asphalt
courses.
b) Equipment. The contractor shall provide equipment for heating the asphalt and uniformly
applying the asphalt and blotter material. The distributor shall be capable of uniformly
distributing prime and tack coats at even temperatures on variable surface widths at readily
determined and controlled rates from 0.05 to 2.0 gallons per square yard. Distributor equipment
shall include a tachometer, pressure gages, volume measuring devices or a calibrated tank, and a
thermometer for measuring temperatures of tank contents.
c) Preparation of Surface. Surfaces to be primed shall be shaped to the required grade and
section, free from all ruts, corrugations, segregated material, or other irregularities and uniformly
compacted and broomed. Surfaces to receive tack coat shall be free of dirt, gravel, and other
debris and shall be thoroughly washed and broomed to produce a clean and dry surface.
d) Application of Asphalt. Asphalt shall be applied by a pressure distributor in a uniform,
continuous spread. When traffic is maintained, not more than ½ the width of the section shall be
treated in one application. Care shall be taken so the application of asphalt at the junctions of
spreads is not in excess of the specified amount. Excess asphalt shall be squeegeed from the
surface. Skipped areas or deficiencies shall be corrected. Building paper shall be placed over the
end of the previous applications, and the joining application shall start on the building paper.
Building paper used shall be removed and satisfactorily disposed of.
When traffic is maintained, one-way traffic shall be permitted on the untreated portion of the
roadbed. After the asphalt has been absorbed by the surface and will not pick up, traffic shall be
transferred to the treated portion and the remaining width of the section shall be primed.
The quantities, rate of application, temperatures, and areas to be treated shall be approved before
application of the prime or tack coat.
e) Emulsified petroleum products. Emulsified petroleum products, “ EPR-1 Prime” or
approved equal, where indicated on the Plans or approved by the Engineer/ City Engineer as the
Prime Coat shall be installed per the Manufacturer’ s recommendations and as follows:
1) Required Field Dilution Rate – 3 parts water to 1 part EPR-1 PRIME (Note: Verification
samples will be obtained prior to dilution); ( b) Minimum required Application Rate –
0.30 gallons per square yard.
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City of Fayetteville
f) Application of Blotter Material. If the prime coat fails to penetrate within the time specified
and the roadway must be used by traffic, blotter material shall be spread in the quantities
required to absorb any excess asphalt.
g) Prime Coats not required. Unless indicated or directed otherwise, prime coats will not be
required when the initial asphalt course placed upon the aggregate is a minimum of 4 inches in
thickness.
402.04 Measurement and Payment. Prime coat, when required, will be measured and paid
for per square yard of material placed at the required application rate. Tack coat will not be
measured and will be subsidiary to other items. Blotter material will not be measured but will be
subsidiary to other items.
Pay Item Pay Unit
Prime Coat SY
Section 403. Asphalt Concrete Hot Mix
403.01 Description. This item consists of furnishing and placing asphalt concrete hot mix of
the type specified on a prepared foundation.
403.02 Materials, Design, and Quality Control of Superpave Mixes.
a) Materials. Materials for Asphalt Concrete Binder Course shall meet the requirements of
Section 406 of the ARDOT Standard Specifications Edition of 2014. Materials for Asphalt
Concrete Surface Course shall meet the requirements of Section 407 of the ARDOT Standard
Specifications Edition of 2014, modified as follows:
All surface courses serving as wearing courses shall fully comply with Section 409 of the
ARDOT Standard Specifications Edition 2014. If and where so indicated in the Plans and the Bid
for Unit Price Contract, and where the surface course is installed by two or more lifts, then the
surface course( s) which shall be installed beneath the final lift of the wearing course may be an
all limestone course aggregate mix otherwise complying with Section 409 of the ARDOT
Standard Specifications Edition 2014 and subject to the review and acceptance by the Engineer
and Owner.
b) Design and Quality Control Requirements. Design and quality control of Superpave mixes
shall be as specified in Section 404 of the ARDOT Standard Specifications Edition of 2014.
Marshall mixes may be allowed in certain instances. See Section 6.4.4, Asphalt Concrete Hot
Mix, of the City of Fayetteville Minimum Street Standards for requirements.
c) Materials and Equipment for Asphalt Concrete Plant Mix Courses. Materials and
equipment for asphalt concrete plant mix courses shall meet the requirements of Section 409 of
the ARDOT Standard Specifications Edition of 2014, except for the requirements of Section
409.04(b) is at the contractor’ s option. If a material transfer device is used, the requirements of
Section 409.04(b) shall apply.
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Standard Street and Drainage Specifications
403.03 Construction Requirements.
a) Description. The methods employed in performing the work shall be at the Contractor’ s
option. When the production and/or placement of the material does not comply with the
specifications, the Contractor shall make the changes necessary to bring the work into
compliance.
b) Pre-Placement Conference. Unless waived by the Engineer, prior to the start of paving
operations the Contractor shall conduct a Pre-Placement Conference involving the Contractor’ s
personnel and the Engineer and City’s personnel. The Contractor’s proposed plant, delivery,
laydown, compaction, and equipment shall be discussed and, if deemed necessary by the City, all
the equipment inspected. The accepted mix designs and materials to be used shall be discussed.
The proposed mixing and compaction temperatures, sampling and testing plan, haul route,
rolling pattern, and other pertinent information shall be discussed. The Pre -Placement
Conference and all items discussed shall be documented by the Contractor and furnished to the
Engineer within ten calendar days after the Pre-Placement Conference.
c) Preparation of Mixture. The aggregates, mineral filler, and asphalt binder shall be measured
separately and accurately mixed in the proper proportions according to the mix design. The
aggregates shall be thoroughly coated and the mixture shall not show an excess or deficiency of
asphalt binder, injury or damage due to burning or overheating, or an improper combination of
aggregates. The continuous production of ACHM shall be within plus or minus 25°F (14°C) of
the mixing temperature shown on the approved mix design. Momentary temperature spikes shall
be kept to a minimum.
d) Preparation of Base or Existing Surface. Newly constructed base courses or subgrade shall
be prepared as set forth in the specification item covering such items.
Prior to placing asphalt base, binder, or surface courses, all required corrections of the existing
pavement or base, such as filling potholes, sags, and depressions, or alterations of the existing
pavement crown, shall be made. Such corrections shall be accomplished by placing asphalt
binder or surface course mixtures at the location and in a manner as directed by the
Engineer/ City Engineer. Asphalt material used for wedging or leveling courses, or for fillings
holes, may be placed by hand, blade grader, or mechanical spreader methods. The mixture shall
be featheredged to a smooth and even surface around the edges of these areas.
Prior to arrival of the mixture on the work, the prepared surface shall be cleaned of all loose and
foreign materials and primed or tack coated as specified. Excessive joint and crack filler shall be
removed before application of the prime or tack coat. The mixture shall not be placed on a
surface that shows evidence of free moisture.
Contact surfaces of curbing, gutters, manholes, and other structures shall be painted with a thin
coating of rapid curing cutback asphalt or emulsified asphalt. No direct compensation will be
made for this work.
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City of Fayetteville
If the earlier course has been contaminated with dirt or other foreign materials, or when the time
lapse between courses is in excess of 8 hours, the earlier course shall be cleaned and given a tack
coat prior to placing the succeeding course. The maximum amount of time between the
application of tack coat and the placement of an asphalt course shall not exceed 8 hours. If more
than 8 hours has lapsed since tack coat application, the surface shall be re-tacked prior to the
placement of any successive asphalt course. If directed by the Engineer/City Engineer, a tack
coat shall be used even though the lapsed time has been less than 8 hours.
e) Transporting. The mixture shall be transported from the mixing plant to the work in vehicles
with clean tight beds.
When the mixture is being hauled more than 15 miles or when the mixture is being placed
between November 1 and April 1, the beds of the vehicles shall be covered with canvas or other
suitable material to retard loss of heat. The cover shall extend over the sides and ends or the
truck bed and shall be securely fastened. When the mixture is being hauled less than 15 miles the
cover shall be stored on the truck at all times to be utilized when overtaken by sudden rains.
No loads shall be sent so late in the day as to interfere with spreading and compacting the
mixture during daylight hours unless adequate artificial lighting is provided.
Sufficient haul vehicles and plant production rate shall be maintained to the project to provide a
continuous operation on the roadway.
Only non-petroleum release agents approved by the Engineer/City Engineer shall be used in haul
trucks.
f) Spreading and Finishing. The mixture shall be placed on an approved surface, spread, and
struck off to the line, grade, and elevation established. The mixture shall be placed only on a base
that shows no evidence of free moisture, and only when weather conditions are suitable.
The mixture from all types of plants should be delivered to the paver within the recommended
compaction temperature range as shown on the approved job mix design. These recommended
temperatures should be used in placing and compacting the material. In addition, surface and
binder course mixtures shall not be placed on the roadway at a temperature lower than 250 F.
The paver shall uniformly distribute and compact the mixture in front of the screed for the full
width being paved. The screed or strike-off assembly shall effectively produce a finished surface
of smooth and uniform texture without tearing, shoving, or gouging the mixture. The paver shall
be operated at forward speeds consistent with satisfactory laying of the mixture. The speed of the
paver shall be matched with the plant production rate and number of hauling units. Stop and go
operation of the paver is to be avoided.
The longitudinal joint in one layer shall offset that in the layer immediately below by
approximately 6”. In general, the joint in the top layer shall be at the centerline of the pavement
if the asphalt is placed in 2 passes or less, or at lane lines if the asphalt is placed in more than 2
passes.
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Standard Street and Drainage Specifications
g) Rolling and Density Requirements and Joints. The mixture, after being spread, shall be
thoroughly compacted by rolling as soon as it will bear the weight of the rollers without undue
displacement.
At the beginning of placement of each mix design, the Contractor shall establish an optimum
rolling pattern that will achieve the specified density for the mix being placed. The Contractor
may continue with paving operations while the optimum rolling pattern is being established. The
established rolling pattern shall be used for compacting all mix placed unless a change in the job
mix formula occurs or unacceptable results are obtained. Whenever a change in the job mix
formula occurs, or when the compaction method or equipment is changed, or when unacceptable
results are obtained, a new optimum rolling pattern shall be established.
The number, weight, and type of rollers, and the optimum rolling pattern shall be such that the
specified density and surface requirements are consistently attained while the mixture is in a
workable condition. Final approval of the rollers and the rolling pattern will be based upon
satisfactory performance and the ability to compact the mixture to the specified density and
surface requirements. Rollers that produce excessive crushing of aggregate particles will not be
permitted.
When using vibratory rollers, the Contractor shall exercise due caution to prevent any
deterioration of the material caused by excessive rolling or vibration. Vibratory rollers shall be
operated in such a manner that overlap of adjacent passes shall be held to a minimum. Vibration
shall not be used on courses less than 1-½” thick.
Rolling shall start longitudinally at the low edge and proceed toward the higher portion of the
mat. When paving in echelon or abutting the previously placed lane, the longitudinal joint shall
be rolled first followed by the regular rolling procedure. Alternate passes of the roller shall be
terminated at least 3’ from any preceding stop. Rolling on superelevated curves shall progress
from the low side. Rollers shall not be stopped perpendicular to the centerline of the traveled
way.
The speed of the roller shall be slow enough to avoid displacement of the hot mixture, and in no
case more than 3 mph. The roller shall be operated in such a manner that no displacement of the
mat will occur. Rolling shall proceed continuously until the required density is attained and all
roller marks are eliminated, leaving the surface smooth and uniform and the required density
attained. To prevent adhesion of the asphalt mixture to the rollers, the rollers shall be kept moist
for the full width of the rollers, but excess water will not be permitted.
Rollers shall not pass over the unprotected end of a freshly laid mixture. Transverse joints shall
be formed by cutting back on the previous run to expose the full depth of the course. A brush
coat of asphalt material shall be used on contact surfaces of transverse joints just before
additional mixture is placed against the previously placed material.
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City of Fayetteville
h) Weather Limitations. Hot mix asphalt materials shall not be mixed or placed when the
surface temperature is below 40° F or when there is frost in the base or subgrade, or at any other
time when weather conditions are unsuitable for the type of material being placed.
Regardless of the temperatures herein specified, paving will not be allowed unless specific
density, either by percent of field mold density or by rolling procedure, can be achieved before
the bituminous mixture cools to 175° F.
403.04 Acceptance of Pavement and Adjustments in Payment.
a) Superpave Mixes Acceptance of asphalt payment designed using Superpave Methods shall
be according to Section 410.09 of the ARDOT Standard Specifications Edition of 2014 except as
modified herein.
403.05 Modifications and Augmentations of ARDOT Standard Specifications.
Modifications and augmentations of ARDOT Standard Specifications detailed in this subsection
apply to 2014 Edition of the Standard Specifications.
Samples for all properties except density, thickness, and the investigation of segregation shall be
obtained from trucks at the plant. The contractor/ testing agency shall clearly mark the load ticket
of each sampled truck to indicate that the load has been sampled.
The Contractor shall provide the straight-edge for use in pavement smoothness testing.
Sublot sizes for density and depth measurements will be 500 tons, and lot sizes will be 3000
tons. Locations for cores to be taken for density and depth testing will be determined using
ARDOT Test Method #465.
Compliance, price reduction, and rejection limits for density will be in accordance with Table
410-1 of the ARDOT Standard Specifications. Calculations of price reductions will be in
accordance with 410.09(d)(5) of the ARDOT Standard Specifications. For asphalt that is outside
the limits shown as lot rejection limits but within the limits shown as sublot rejection limits in
Table 410-1, the City shall determine if that mix shall be removed at the contractor’s expense or
left in place without pay to contractor.
All asphalt that is outside the limits shown as sublot rejection limits shall be removed in
accordance with this section.
For small projects (less than 1500 tons total) price reduction amounts shall be reduced to 50% of
the amounts specified in Section 410 of the ARDOT Standard Specifications.
Thickness of the finished asphalt will be monitored by measuring the thickness of the density
cores taken. The average of all depth measurements shall not be less than the required depth
shown on the plans. Depth of any core in excess of plus one-quarter inch (+ 1/4”) will not be
used in computing the average depth. If the average depth is less than the required depth, it will
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Standard Street and Drainage Specifications
be corrected by overlaying with additional ACHM surface, or as directed by the Engineer/ City
Engineer.
In addition, thickness of individual cores shall not be greater than 1/4” less than the plan depth.
The absolute minimum pavement thickness for any core shall be 3 inches. When pavement
design thickness is less than 3 inches, the minimum thickness for each core that will be accepted
shall be the design thickness.
The method for determining the limits of removal for density or depth is as follows: If a single
core test falls outside of the limits shown as “ Sublot Rejection Limits” in 410-1, two additional
tests shall be run in close proximity (within three feet). If the average of these three tests is
within the sublot rejection limits in Table 410-1, then this average shall become the value for the
density of this sublot. If the average of the three tests is still outside of the sublot rejection limits,
tests shall be run at 50-foot intervals in both directions until results are found that are within the
sublot rejection limits.
All asphalt that is outside of the limits shown as sublot rejection limits as determined by the
above method shall be removed and replaced. After replacement, a core shall be taken in the
replacement asphalt and the density determined. The average of this density test and the two
isolation tests shall become the density for the sublot.
The contractor shall do all coring and testing for density and depth at no additional cost to the
City. The City may require additional cores cut for verification of the contractor’s test.
Verification testing will be paid for by the City.
When lots and sublot divisions for initial and final courses do not coincide, the Contractor may
be required to take additional samples (full-depth) at his expense to determine asphalt thickness.
Locations of such cores shall be approved by the Engineer.
Section 410.10 of the ARDOT Standard Specifications will not be used under this contract.
403.06 Method of Measurement. Measurement will be by one of the following methods as
detailed below. The method to be used will be stated in the bid form.
Asphalt concrete hot mix (ACHM) will be measured by either the ton or square yard of material
in place and as indicated on the Plans and the Bid for Unit Price Contract.
Asphalt concrete hot mix ( ACHM) where indicated to be measured by the ton will be
substantiated by weight tickets, which shall be submitted to the City at the time of asphalt
delivery. Deductions for asphalt placed in areas not designated in the plans and not directed by
the Engineer/City Engineer or for asphalt placed at depths more than 1/8” over plan depth will be
made at the discretion of the Engineer/ City Engineer. Measurement of these deductions will be
by a method deemed appropriate by the Engineer/City Engineer.
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City of Fayetteville
Asphalt concrete hot mix ( ACHM) where indicated to be measured by the square yard ( SY ) will
be substantiated by surface area measurements of asphalt concrete hot mix in place. Deductions
for asphalt placed in areas not designated in the plans and not directed by the Engineer/ City
Engineer will be made at the discretion of the Engineer/City Engineer. Measurement of these
deductions will be by a method deemed appropriate by the Engineer/ City Engineer.
403.07 Basis of Payment. Payment will be based upon the method of measurements and by
one of the following methods as detailed below.
Asphalt concrete hot mix will be paid for by either:
a) Per ton: at the contract unit price bid per ton of material placed in plan locations; said price
shall include furnishing mix designs, furnishing material, for heating, mixing, hauling, placing,
rolling, finishing, and for all other labor, equipment, tools, and incidentals necessary to complete
the work, or
b) Square yard ( SY): at the contract unit price bid per ( depth asphalt concrete hot mix) square
yard (SY) of material placed in plan locations; said price shall include furnishing mix designs,
furnishing material, for heating, mixing, hauling, placing, rolling, finishing, and for all other
labor, equipment, tools, and incidentals necessary to complete the work, as indicated on the Plans
and the Bid for Unit Price Contract.
Payment will be made under:
Pay Item Pay Unit
Asphalt Concrete Hot Mix Binder Course (ACHMBC) Ton
Asphalt Concrete Hot Mix Surface Course ( ACHMSC) Ton
OR
Pay Item Pay Unit
Depth) Asphalt Concrete Hot Mix Binder Course (ACHMBC) SY
Depth) Asphalt Concrete Hot Mix Surface Course ( ACHMSC) SY
Section 404. Asphalt Concrete Hot Mix Base Course
404.01 Description. This item shall consist of a base course constructed on an accepted course
according to these specifications and in substantial conformity with the lines, grades, and typical
cross sections shown on the plans.
404.02 Materials. The materials and equipment shall comply with the requirements of Asphalt
Concrete Hot Mix Base Course ( Section 405 of the ARDOT Standard Specifications).
404.03 Construction Requirements. Construction requirements shall comply with the
requirements of Asphalt Concrete Hot Mix Base Course ( Section 405 of the ARDOT Standard
Specifications).
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404.04 Method of Measurement. Measurement will be by one of the following methods as
detailed below. The method to be used will be stated in the bid form.
Asphalt concrete hot mix base course will be measured by either the ton or square yard of
material in place and as indicated on the Plans and the Bid for Unit Price Contract.
Asphalt concrete hot mix base course where indicated to be measured by the ton will be
substantiated by weight tickets, which shall be submitted to the City at the time of asphalt
delivery. Deductions for asphalt placed in areas not designated in the plans and not directed by
the Engineer/City Engineer or for asphalt placed at depths more than 1/8” over plan depth will be
made at the discretion of the Engineer/ City Engineer. Measurement of these deductions will be
by a method deemed appropriate by the Engineer/City Engineer.
Asphalt concrete hot mix base course where indicated to be measured by the square yard (SY)
will be substantiated by surface area measurements of asphalt concrete hot mix in place.
Deductions for asphalt placed in areas not designated in the plans and not directed by the
Engineer/ City Engineer will be made at the discretion of the Engineer/ City Engineer.
Measurement of these deductions will be by a method deemed appropriate by the Engineer/City
Engineer.
404.05 Basis of Payment. Payment will be based upon the method of measurements and by
one of the following methods as detailed below.
Asphalt concrete hot mix base course will be paid for by either:
a) Per ton: at the contract unit price bid per ton of material placed in plan locations; said price
shall include furnishing mix designs, furnishing material, for heating, mixing, hauling, placing,
rolling, finishing, and for all other labor, equipment, tools, and incidentals necessary to complete
the work, or
b) Square yard (SY): at the contract unit price bid per (depth asphalt concrete hot mix) square
yard ( SY) of material placed in plan locations; said price shall include furnishing mix designs,
furnishing material, for heating, mixing, hauling, placing, rolling, finishing, and for all other
labor, equipment, tools, and incidentals necessary to complete the work, as indicated on the Plans
and the Bid for Unit Price Contract.
Payment will be made under:
Pay Item Pay Unit
Asphalt Concrete Hot Mix Base Course Ton
OR
Pay Item Pay Unit
Depth) Asphalt Concrete Hot Mix Base Course SY
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City of Fayetteville
Section 405. Asphalt Concrete Patching for Maintenance of Traffic
405.01 Description. This item shall consist of an asphalt concrete material composed of
mineral aggregate and asphalt binder for use in patching to maintain traffic including temporary
repairs for roadway cuts. This item shall be placed for all roadway cuts unless directed otherwise
by the Engineer/ City Engineer. This item will be placed for other maintenance of traffic if and
where directed on the plans or by the Engineer/City Engineer.
405.02 Materials and Composition. Materials and equipment shall conform to the
requirements of ACHM Surface Course ( Standard Specification Section 403) or Asphalt
Concrete Cold Plant Mix (Section 411 of ARDOT Standard Specifications).
405.03 Construction Requirements. Construction requirements shall conform, insofar as
possible, to Section 406 and as follows:
All roadway cuts shall be temporarily or permanently repaired within 24 hours of the completion
of trench backfill for the work, or segment of work, which required the excavation and/or cut.
Temporary roadway cut repairs shall be a minimum of two (2) inches and a maximum of three
3) inches of asphalt and shall comply with Specification Section 405 and 406.
Permanent roadway cut repairs shall comply with the plans and specifications and as directed by
the Engineer/City Engineer.
Temporary roadway cut repairs shall be maintained by the contractor.
Temporary roadway cut repairs shall be removed and disposed of by the Contractor as necessary
during installation of permanent roadway cut repairs or new roadway construction.
405.04 Method of Measurement. Asphalt Concrete Patching for Maintenance of Traffic will
be measured by the ton of mix placed as directed by the Engineer/ City Engineer. In no case shall
measurement of the Temporary Repairs for Roadway Cut extend beyond the pay limit shown on
the details on the Plans. Temporary Repairs for Roadway Cut with depths less than two ( 2)
inches and all depths greater than three (3) inches shall not be measured for payment.
405.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per ton for Asphalt Concrete Patching for
Maintenance of Traffic, which price shall be full compensation for furnishing materials; for
heating, mixing, hauling, placing, and compacting; and for all labor, equipment, tools, and
incidentals necessary to complete the work. No payment will be made for:
1) Material placed without authorization of Engineer/City Engineer.
2) Material placed beyond the pay limits shown on the detail for each type of pavement
repair.
3) Material placed to repair previously patched areas unless approved by the Engineer/ City
Engineer.
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Standard Street and Drainage Specifications
Payment will be made under:
Pay Item Pay Unit
Asphalt Concrete Patching for Maintenance of Traffic Ton
Section 406. Asphalt Concrete Hot Mix Patching of Existing Roadway
406.01 Description. This item shall consist of patching the existing roadway using asphalt
concrete material composed of mineral aggregate and asphalt binder.
406.02 Materials and Composition. Materials shall conform to the requirements of Section
402, Tack Coat and Section 403.
406.03 Construction Requirements. Unstable areas in existing roadways and shoulders,
designated by the Engineer/City Engineer to be repaired, shall be removed to provide firm
vertical sides and a firm, stable, bottom generally parallel with the existing surface. All loose or
foreign material shall be removed from the hole. A tack coat of emulsified asphalt shall be
applied to the sides of the hole. Asphalt Concrete Hot Mix Binder or Surface Course shall be
placed in the hole in uniform layers, not to exceed 4 inches loose measurement. Compaction,
satisfactory to the Engineer/ City Engineer, shall be accomplished with a mechanical tamper or
other approved methods. The finished surface shall be smooth and level with the surrounding
surface.
406.04 Method of Measurement. Asphalt Concrete Hot Mix Patching of Existing Roadway
will be measured by the ton of mix.
406.05 Basis of Payment. Work completed and accepted and measured as provided above,
will be paid for at the contract unit price bid per ton for ACHM Patching of Existing Roadway,
which price shall be full compensation for excavation of the existing roadway; for removal and
disposal of excavated material; for compacting and tacking the excavated area; for furnishing
materials; for heating, mixing, hauling, placing, and compacting the materials; and for all labor,
equipment, tools, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Asphalt Concrete Hot Mix Patching of Existing Roadway Ton
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City of Fayetteville
DIVISION 500. MISCELLANEOUS CONSTRUCTION
Section 501. Concrete Curb and Gutter
501.01 Description. This item shall consist of the construction of integral curb, concrete curb,
or concrete combination curb and gutter according to these specifications and in conformity with
the locations, lines, and grades shown on the plans or as directed.
501.02 Materials. The Concrete shall be Class 1 Concrete as provided in Section 601. The
maximum allowable slump shall be 4 inches.
When an extrusion machine is used, the Contractor may modify the concrete mix design, upon
approval of the Engineer/ City Engineer, to improve workability while maintaining the
requirements for Class 1 Concrete.
Material for joint filler shall comply with AASHTO M 213.
501.03 Construction Requirements.
a) Subgrade. The subgrade shall be shaped to the required depth below the finished surface,
according to the dimensions shown on the plans, and shall be compacted to a firm, even surface.
Where curb is to be placed as part of a street, the compaction requirements of the street shall
apply to the subgrade and base course underneath the curb.
b) Placing and Finishing.
1) Integral Curb. After the concrete pavement has been struck off, the curb forms shall be
clamped or otherwise securely fastened in place to the slab form and additional concrete
for the curb shall then be deposited and thoroughly tamped. The concrete shall be placed
within 30 minutes after the pavement slab has been finished and care shall be taken to
secure monolithic construction. The concrete shall be spaded or vibrated sufficiently to
eliminate voids and shall be tamped to bring the mortar to the surface. It shall then be
finished smooth and even with a wood float and given a Class 6 finish according to
Section 601.16. The edges shall be rounded with an approved finishing tool to the radius
shown on the plans.
2) Concrete Curb or Concrete Combination Curb and Gutter. The concrete shall be
deposited in the forms upon wetted subgrade and vibrated and spaded until mortar
entirely covers the surface, after which it shall be finished smooth and even by means of
a wood float and given a Class 6 finish according to Section 601.16. Edges shall be
rounded as shown on the plans while the concrete is still plastic.
c) Joints. Expansion joints for concrete curb or concrete combination of curb and gutter shall be
installed at stationary structures such as catch basins, drop inlets, etc., and at ends of curb
returns. Where curb and gutter is constructed adjacent to or on rigid pavements, the location and
width of joints shall coincide with those in the pavement, where practicable. Expansion joints
shall have a thickness of ½” and shall be filled with joint filler according to Section 601.11
shaped to the cross section of the curb and constructed at right angles to the curb line.
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Standard Street and Drainage Specifications
Contraction joints for concrete curb or concrete combination curb and gutter shall be 1/8” to 3/8”
wide x 1-½” deep and shall be constructed at 15’ intervals. They shall be constructed at right
angles to the centerline and perpendicular to the surface of the curb and gutter. Where curb and
gutter is constructed adjacent to or on rigid pavements, the location and width of joints shall
coincide with those in the pavement, where practicable. Contraction joints shall be formed by
sawing, unless otherwise specified, and filled according to the requirements for Joint Seals as
specified in Section 601.11, or with a commercially available silicone product approved by the
City.
d) Surface Tests. Before the concrete is given the final finishing, the surface of the gutter and
the top of the curb shall be true to line and grade. The maximum variation in 10’ shall not exceed
3/8”.
e) Curing. When completed, the concrete shall be cured as specified in Section 601.15.
f) Backfilling. After the concrete has set sufficiently, the space behind the curb shall be refilled
to the required elevation with suitable material, free from topsoil, leaves, twigs, or other organic
material, trash, large rocks, or other deleterious materials. This material shall be firmly
compacted to 90% of the material’ s maximum density as determined by AASHTO T99 or
ASTM D698 by means of approved mechanical equipment and neatly graded.
501.04 Method of Measurement. Curbing will be measured by the linear foot (LF) along the
face of the curb at the gutter line. Integral curb placed with concrete pavement will not be
measured separately, but shall be included in the price bid for concrete pavement. Modified
curbs across driveways and streets will be measured as curb.Curbs placed as part of commercial
asphalt driveway construction will also be measured as curb.
501.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per linear foot ( LF) for Concrete Curb or Concrete
Curb and Gutter, which price shall be full compensation for furnishing materials, including joint
filler; for forms; for mixing, placing, and finishing concrete; and for excavation and backfilling
when not included in other items.
Pay Item Pay Unit
Concrete Curb and Gutter LF
Concrete Curb LF
Section 502. Concrete Sidewalks
502.01 Description. This item shall consist of the construction of concrete walks according to
these specifications and in conformity with the dimensions, locations, lines, and grade shown on
the plans or as directed.
502.02 Materials. Concrete shall comply with the requirements for Class 1 Concrete as
provided in Section 601. The maximum allowable slump shall be 4 inches. Aggregate base shall
meet the requirements of Section 401.
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City of Fayetteville
502.03 Construction Requirements.
a) Subgrade. The subgrade shall be excavated or filled to the required grade. Unacceptable
material shall be removed and replaced with suitable material, free from topsoil, leaves, twigs, or
other organic material, trash, large rocks, or other deleterious materials, and the entire subgrade
shall be thoroughly compacted with approved mechanical equipment to not less than 90% of the
material’ s maximum density as determined by AASHTO T99 or ASTM D698.
b) Aggregate Base Course. Class 7 aggregate base meeting the requirements of Section 401
shall be installed on the approved subgrade to a minimum depth of 4 inches outside of driveway
areas and a minimum depth of 6 inches across driveways, and compacted to 95% of Modified
Proctor Density as determined by AASHTO T 180 or ASTM D1557.
c) Placing and Finishing. The concrete shall be deposited in the forms upon the wetted
aggregate base to such depth that when it is compacted and finished, the top shall be at the
required elevation. It shall be thoroughly consolidated and the edges along the forms spaded to
prevent honeycomb. The top shall then be struck off with a straightedge and tamped or vibrated
sufficiently to flush mortar to the surface, after which it shall be given a Class 6 finish according
to Section 601.16. Edges shall be rounded with a ¼” radius, including edges at joints.
Concrete thickness shall be 4 inches outside of driveway areas and 6 inches across driveways
unless otherwise specified.
Transverse joints in the walks shall be cut with a ¼” jointer at intervals not greater than the width
of the walk being constructed, or as directed. This joint pattern shall be continuous through
driveways.
When completed, the concrete shall be cured as specified in Section 601.15.
d) Backfilling. After the forms have been removed, the spaces on each side of the walk shall be
backfilled with suitable material, which shall be firmly compacted and neatly graded. Topsoil
meeting the requirements of Section 204 shall be used when areas adjacent to the sidewalk are to
be seeded or sodded.
e) Expansion Joints. A space not less than ½” wide shall be left between the sidewalks and
adjacent structures, except that no space shall be left between the sides of the walks and adjacent
curbs. This space shall be filled with approved joint filler complying with AASHTO M 213.
502.04 Method of Measurement. Concrete sidewalk of the specified thickness will be
measured by the square yard ( SY).
502.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per square yard (SY) for Concrete Sidewalks of the
thickness specified, which price shall be full compensation for furnishing materials, including
concrete, aggregate base, and joint filler; constructing the concrete sidewalk; for excavation and
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Standard Street and Drainage Specifications
backfilling where not included in other contract items; and for all labor, equipment, tools, and
incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
4” Thick Concrete Sidewalk SY
6” Thick Concrete Sidewalk SY
Section 503. Driveway Construction or Reconstruction
503.01 Description. This work consists of reconstructing existing driveways or constructing
new driveways with concrete, asphalt, aggregate base course, or other materials as shown on the
Plans or as directed by the Engineer/City Engineer.
503.02 Materials. Concrete for driveway reconstruction shall be Class 1 according to the
requirements of Section 601. Asphalt shall be Surface Course per the requirements of Section
403. Aggregate base course shall meet the requirements of Section 401. All other materials shall
be as specified or as directed by the Engineer/ City Engineer.
503.03 Construction Requirements.
a) General. Aprons and driveways shall be constructed in the locations, to the lines and grades,
and of the material type shown on the Plans, or as directed by the Engineer/City Engineer.
Construction of driveways with greater than 12% slope perpendicular to the street will not be
allowed except as approved by the Engineer. Driveway widths shall match widths of existing
driveways, with a minimum driveway width of 10’ and a maximum width of 40’ for commercial
driveways and 24’ for residential driveways. All driveways designated as commercial driveways
shall be constructed with concrete curb and gutter along each side of the driveway.
Driveways and aprons shall be constructed on a compacted subgrade consisting of material
approved by the Engineer/City Engineer.
b) Driveway Removal. Existing driveways shall be removed to the locations shown on the
plans or as directed by the Engineer to create a smooth transition from the roadway to the
adjacent property. The back limit of the driveway shall be sawed if required to produce a neat
line.
c) Concrete Apron. Concrete apron shall be constructed on all driveways beginning at the back
of curbs and extending to the front edge of the sidewalk. Concrete aprons shall be of a residential
or commercial type as shown on the plans. The apron thickness shall be as shown on the Plans,
but not less than six inches ( 6”). Mixing, placement, and finishing of concrete shall be as
required in Section 601. Contraction joints shall be constructed so that slabs are no more than 15’
in any dimension. One half-inch (½”) expansion material meeting the requirements of Section
601.11 shall be placed between the backs of curbs and the apron. Joints shall be tooled or sawed
at 10’ intervals perpendicular to the street. These saw joints shall be filled with joint sealant
meeting the requirements of Section 601. 11.
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City of Fayetteville
d) Concrete Driveways. Concrete driveways shall be constructed where shown on the Plans or
as directed by the Engineer/ City Engineer. The driveway thickness shall be as shown on the
Plans, but not less than six inches (6”). Mixing, placement, and finishing of concrete shall be as
required in Section 601. Contraction joints shall be constructed so that slabs are no more than 15’
in any dimension. When concrete driveways are constructed monolithically with concrete apron,
a contraction joint shall be constructed at the interface between the apron and the driveway. All
joints shall be sealed according to Section 601.11.
e) Asphalt Driveways. Asphalt driveways shall consist of approved Surface Mix. Construction
of asphalt driveways shall meet the requirements of Section 403. The thickness of the asphalt
driveway section shall be as shown on the Plans, but in no case shall be less than 2” of asphalt
constructed on 6” of aggregate base course.
f) Aggregate Base Driveways. All existing driveways constructed of soil or gravel shall be
reconstructed with aggregate base meeting the requirements of Section 401. Placement of base
material shall be according to the lines and grades shown on the plans or as directed by the
Engineer/City Engineer. Thickness of base shall be as shown on the plans, but in no case shall be
less than 6”. Compaction requirements are as specified in Section 401.
503.04 Method of Measurement. If specifically included as a pay item, asphalt or concrete
driveway removal shall be measured by the square yard (SY) from the existing roadway edge to
the limits of the driveway removal. Removal of other driveways will not be measured. Concrete
aprons and all driveways shall be measured by the square yard (SY). Curb constructed as part of
concrete aprons or concrete driveways will be measured as driveway. Curb for asphalt driveways
will not be measured as part of this item.
503.05 Basis of Payment. Work completed and measured as provided above will be paid for
at the contract unit price bid per square yard for the various items. This price shall be full
compensation for furnishing and placing materials, for excavation and subgrade preparation; for
shaping and finishing; and for all labor, equipment, tools, and incidentals necessary to complete
the work.
Payment will be made under:
Pay Item Pay Unit
Concrete Driveway Aprons SY
Concrete Driveway SY
Asphalt Driveway SY
Aggregate Base Course Driveway SY
Asphalt/ Concrete Driveway Removal SY
Section 504. Headwalls and Retaining Walls
504.01 Description. This item consists of constructing concrete headwalls and retaining walls
at the locations and to the lines and grades shown on the plans. Modular Block retaining walls,
and/or Mechanically Stabilized Earth retaining structures with facing, when so indicated in the
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Standard Street and Drainage Specifications
plans or the proposal shall be specified in a Special Provision supplemental to these Standard
Specifications.
504.02 Materials. Concrete shall meet the requirements of Section 601 for Class 1 for
headwalls, and Class 1 for retaining walls.
Reinforcing steel shall meet the requirements of Section 602.
504.03 Construction Requirements. The subgrade on which the footing is to be placed
shall be prepared by excavating to the required grade and thoroughly compacting the existing
material. If the existing material at the elevation of the bottom of the footing is soft and yielding,
and the Engineer/ City Engineer so directs, it shall be removed and replaced with suitable
material according to Section 202.
Reinforcing steel shall be placed as shown on the plans. Weepholes of the size shown on the
plans shall be set in the forms before concrete is placed.
Concrete shall be furnished, placed, finished, and cured according to the requirements of Section
601.
504.04 Method of Measurement. Concrete headwalls and concrete retaining walls will be
measured by the cubic yard of concrete placed and accepted. Concrete, reinforcing steel, filter
fabric, compacted drainage stone backfill, expansion joint materials, weepholes, weephole
screens, compacted earth backfill and all other items indicated on the Plans or required for a
complete headwall and/or retaining wall shall not be measured for separate payment but will be
considered subsidiary to the items involved.
Additional undercut excavation as required under footings will be measured by the cubic yard
compacted in place.
504.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per each for Concrete Headwalls and per linear foot
for Concrete Retaining Walls. Said price shall be full compensation for furnishing all materials,
including reinforcing steel; for structural excavation and compaction; for all forming and
bracing; for mixing, transporting, placing, finishing, and curing; and for all equipment, tools,
labor, and incidentals necessary to complete the work.
Additional excavation and embankment under footings will be paid for at the unit price bid for
Undercut Excavation. No payment for additional excavation will be made unless such excavation
is directed by the Engineer/ City Engineer.
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City of Fayetteville
Payment will be made under:
Pay Item Pay Unit
Concrete Headwalls EA
Concrete Retaining Walls LF
Modular Block Retaining Walls SF
Section 505. Seeding and Sodding
505.01 Description. This item shall consist of furnishing and applying lime, fertilizer, seed,
mulch cover, and water according to these Specifications at locations shown on the plans or as
directed.
The work under this item shall be accomplished as soon as practicable after the grading in an
area has been completed in order to deter erosion of the roadway and siltation of streams.
505.02 Materials.
a) Lime. Lime shall be agricultural grade ground limestone or equivalent as approved by the
City.
b) Fertilizer. Fertilizer shall be a commercial grade, uniform in composition, free flowing, and
suitable for application with mechanical equipment. It shall be delivered to the site in labeled
containers conforming to current Arkansas fertilizer laws and bearing the name, trademark, and
warranty of the producer.
c) Seed. Except as modified herein, the seed shall comply with the current rules and regulations
of the Arkansas State Plant Board and the germination test shall be valid on the date the seed is
used. It shall have a minimum of 98% pure seed and 85% germination by weight, and shall
contain no more than 1% weed seeds. A combined total of 50 noxious weed seeds shall be the
maximum amount allowed per pound of seed with the following exceptions: Johnson grass seed,
wild onion seed, wild garlic seed, field bindweed seed, nut grass seed, sickle pod seed, sesbania
seed, indigo seed, morning-glory seed, and cocklebur seed will not be allowed in any amount.
Seed shall be furnished in sealed, standard containers. Seed that has become wet, moldy, or
otherwise damaged in transit or in storage will not be acceptable.
Seed planted between June 16 and August 31 may require more water than that specified in
Subsection 505.03 in order to survive. Therefore, watering shall continue after germination until
growth is established.
The seeding mixture may be altered if authorized or directed by the Engineer/ City Engineer. The
actual mix and varieties used shall be submitted to the City before seed is placed.
Seed shall be provided at the following mix and rates:
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Standard Street and Drainage Specifications
SEED TYPE LB/AC
MARCH 15 – JUNE 15
Turf Fescue 250
Bermuda Grass ( common) unhulled 10
Annual Rye 50
JUNE 15 – AUGUST 31
Turf Fescue 200
Bermuda Grass (common) hulled 5
Bermuda Grass ( common) unhulled 10
AUGUST 31 – MARCH 15
Turf Fescue 250
Annual Rye 50
At the Contractor’ s option, annual rye only may be seeded at a minimum rate of 30 pounds per
acre between the dates of October 31 to March 15. The Contractor shall return between the dates
of March 15 and May 1 and reseed with the mix specified for the March 15 to June 15 time
period. Preparation for reseeding shall be in accordance with Section 204.
d) Sod. Sod shall be composed of either field grown grass or approved nursery grown grass and
shall consist of a densely rooted growth of grass substantially free from noxious weeds and
undesirable grasses. Sod type shall be as specified on the plans. When sod is placed to repair
damaged areas, the sod shall be of the same type and variety as the existing grass.
The sod shall be sufficiently thick to secure a dense stand of live grass. The sod shall be live,
fresh, and uninjured at the time of placing. It shall have a soil mat of sufficient thickness
adhering firmly to the roots to withstand all necessary handling. It shall be placed as soon as
possible after being cut and shall be kept moist from the time it is cut until it is placed in its final
position.
The source of field grown sod shall be inspected and approved by the City before being cut for
use in the work. After approval, the area from which the sod is to be harvested shall be closely
mowed and raked as necessary to remove excessive top growth and debris.
Approved devices, such as sod cutters, shall be used for cutting the sod and due care shall be
exercised to retain the native soil intact. The sod shall be cut in uniform strips approximately 300
mm ( 12”) in width and not less than 300 mm ( 12”) in length, but not longer than can be
conveniently handled and transported.
e) Mulch. Mulch cover shall consist of straw from threshed rice, oats, wheat, barley, or rye; of
wood excelsior; or of hay obtained from various legumes or grasses, such as lespedeza, clover,
vetch, soybeans, bermuda, carpet sedge, bahia, fescue, or other legumes or grasses; or a
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City of Fayetteville
combination thereof. Mulch shall be dry and reasonably free from Johnson grass or other
noxious weeds, and shall not be excessively brittle or in an advanced state of decomposition. All
material will be inspected and approved prior to use.
f) Tackifiers. Tackifiers used in mulch anchoring shall be of such quality that the mulch cover
will be bound together to form a cover mat that will stay intact under normal climactic
conditions.
All tackifiers used shall have prior approval or be listed on the ARDOT Qualified Products List
QPL). The type and brand of tackifier to be used shall be submitted to the City for approval.
g) Water. Water shall be of irrigation quality and free of impurities that would be detrimental to
plant growth.
505.03 Construction Requirements.
a) Seeding. Areas to be seeded shall be dressed to the shape and section shown on the plans. A
4” layer of topsoil, if required, shall be furnished, placed, and prepared as specified in Section
204.
Fertilizer shall be applied at the rate of 800 pounds per acre of 10-20-10, or the equivalent
amount of plant food. Fertilizer shall be uniformly incorporated into the soil alone or in
conjunction with the required lime. If the Contractor so elects, the fertilizer may be combined
with the seed in the hydro-seeding operation.
Broadcast sowing may be accomplished by hand seeders or by approved power equipment.
Either method shall result in uniform distribution and no work shall be performed during high
winds. The area seeded shall be lightly firmed with a cultipacker immediately after broadcasting.
If a hydro-seeder is used for seeding, fertilizer and seed may be incorporated into one operation
but a maximum of 800 pounds of fertilizer shall be permitted for each 1500 gallons of water. If
the Contractor so elects, the fertilizer may be applied during preparation of the seedbed. The area
shall be lightly firmed with a cultipacker immediately before hydro-seeding.
Mulch cover shall be applied immediately after seeding and shall be spread uniformly over the
entire area. If the Contractor so elects, an approved mulching machine may be used whereby the
application of mulch cover and tackifier may be combined into one operation. Mulch shall be
placed so that the ground is completely covered to a thickness of approximately 2 inches. Care
shall be taken to prevent tackifier materials from discoloring or marking structures, pavements,
utilities, or other plant growth. Removal of any objectionable discoloration shall be at no cost to
the City.
Immediately following or during the application of the mulch cover on seeded areas, the mulch
shall be anchored by one of the following methods:
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Standard Street and Drainage Specifications
Tracking or Roller Method. The mulch shall be effectively pressed into the soil using steel
cleated track or cleated roller equipment. The anchoring shall be performed so that the grooves
formed are perpendicular to the flow of water down backslopes and foreslopes. The equipment
and method used shall produce acceptable results.
Other Tackifiers. An approved tackifier shall be applied according to the rates recommended by
the manufacturer. Asphalt tackifier will not be allowed.
The method used shall be at the Contractor’ s option unless otherwise specified or directed. In
lieu of separate application of tackifiers, the Contractor may use equipment that combines the
application of mulch and tackifier into one operation. Application shall be at the specified rates.
After application of the mulch cover, water shall be applied in sufficient quantity, as directed by
the Engineer/City Engineer, to thoroughly moisten the soil to the depth of pulverization and then
as necessary to germinate the seed.
When directed by the Engineer/ City Engineer, the Contractor shall apply water in an amount
such that, in conjunction with any rainfall, the seeded and mulched areas will receive an amount
equivalent to a minimum of 1” of water each week beginning the week after seeding and
continuing for a minimum of three ( 3) weeks. Water applied at this rate will not be paid for
separately but shall be considered subsidiary to seeding. If directed by the Engineer/ City
Engineer, additional water shall be applied to sustain grass growth.
Failure to meet this requirement will result in a partial withholding and/or recovery of payments
for the seeding and mulch cover. Additional work and materials required due to the Contractor’ s
negligence in maintaining completed work or failure to water grass as directed shall be
accomplished at no cost to the City.
For all areas seeded, final acceptance will be delayed until an acceptable stand of grass of
uniform color and density is established to the satisfaction of the City. Before final acceptance,
the Contractor shall repair or replace any seeding or mulching that is defective or damaged. If the
defect or damage is due to the Contractor’ s negligence, the work shall be done at no additional
cost to the City. If the damage or defect is not the Contractor’ s fault, the work will be measured
and paid for according to these Specifications.
b) Sod. Areas to be sodded shall be dressed to the shape and section shown on the plans and the
top and bottom of slopes shall be rounded to a radius of approximately 3’ unless otherwise
directed. The finished slopes shall be prepared with 4” of topsoil meeting the requirements of
Section 204. Water may be applied before, during, and after slope preparation, as directed by the
Engineer/City Engineer, in order to maintain the desired moisture content in the soil
Immediately before placement of sod, fertilizer shall be broadcast at the rate of 250 pounds per
acre of 10-20-10, or the equivalent amount of plant food, and incorporated into the top 1” of soil.
Sod shall be moist and shall be placed on a moist earth bed. Sod strips shall be laid along contour
lines, by hand, commencing at the base of the area to be sodded and working upward. The
transverse joints of sod strips shall be broken, and the sod carefully laid to produce tight joints.
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City of Fayetteville
At the top of slopes the sod shall be turned into the embankment slightly and a layer of earth
placed over it and compacted to conduct surface water over and onto the sod. The sod shall be
firmed, watered, and refirmed immediately after it is placed. The firming shall be accomplished
by use of a lawn roller or approved tamper, with care being taken to avoid tearing end strips of
sod.
When sodding is completed, the sodded areas shall be cleared of loose sod, excess soil, or other
foreign material; a thin application of topsoil shall be scattered over the sod as a top dressing;
and the areas thoroughly moistened. Water shall be applied as necessary at the direction of the
Engineer/City Engineer for a period of at least 3 weeks. The time required for application of
water will not be included in the computation of contract time for completion of the project
provided all other work under the Contract has been completed.
The Contractor shall maintain sodded areas from the time of completion until final acceptance of
the project by the City. Additional work and materials required because of the Contractor’ s
negligence in maintaining the work shall be accomplished at no cost to the City.
505.04 Method of Measurement. Seeding will be measured by the acre of actual area
covered located within the construction limits as shown on the plans. Sod will be measured by
the SY of actual area covered located within the construction limits as shown on the plans.
Additional watering if so directed will be measured by thousands of gallons ( MG) applied.
505.05 Basis of Payment. Seeding completed and accepted and measured as provided above
will be paid for at the contract unit price bid per acre for Seeding, which price shall be full
compensation for seedbed preparation; for furnishing and applying fertilizer, lime, seed, mulch,
and tackifier; and for all labor, equipment, tools, and incidentals necessary to complete the work.
Payments for seeding will be made according to the following schedule:
1) 50 % On the first regularly scheduled estimate after the Seeding and Mulch Cover are
completed.
2) 25% On the next regularly scheduled estimate, provided that the Engineer/ City Engineer
determines that the seeded and mulched areas have received at least the amount of water
specified in Section 505. 03 above.
3) 25% On the succeeding regularly scheduled estimate, provided that the Engineer/City
Engineer determines that a dense lawn of permanent grass has been established.
Sodding completed and accepted and measured as provided above will be paid for at the contract
unit price bid per square yard for Sodding, which price shall be full compensation for bed
preparation; for furnishing and applying fertilizer, topsoil, and sod; and for all labor, equipment,
tools, and incidentals necessary to complete the work.
Additional watering above and beyond the 1” per week for the first three weeks will be paid for
at the unit price per thousand gallons (M.G.) of water applied. This work will be paid for only
when directed to by the Engineer/ City Engineer. Any watering to be paid for under this item
shall be conducted in the presence of the Engineer/City Engineer.
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Payment will be made under:
Pay Item Pay Unit
Seeding and Mulching Acre
Solid Sod SY
Additional Watering MG
Section 506. Mailboxes
506.01 Description. This item shall consist of furnishing and erecting mailbox posts and
installing existing mailboxes on the new posts. When required, it shall also include furnishing
and installing new mailboxes. It shall also include maintenance of existing mailboxes during
construction to ensure uninterrupted mail service in the construction limits.
506.02 Materials. The mailbox post shall be either metal or coniferous wood. All mailbox
posts placed under the contract shall be of the same type. Wood posts shall be 4”x 4” square and
shall be pressure treated with creosote, pentachlorophenol or chromated copper arsenate. Metal
posts shall be 2” in diameter and shall be galvanized.
Mailbox support hardware, including shelf, platform and bracket shall be as shown on the plans.
Anti-twist plate, clamps, spacers, nuts, bolts, and washers shall be galvanized steel.
New mailboxes, when specified on the plans or directed by the Engineer/ City Engineer, shall
comply with the U.S. Postal Service and shall be the same size as the existing mailbox.
506.03 Construction Methods. Mailboxes shall be constructed in the same locations as the
existing mailboxes. It is the Contractor’ s responsibility to note the locations of existing
mailboxes before construction begins. The bottom of the box shall be set at an elevation 3’-6”
above the roadway surface. The roadside face of the box shall be 6” from the face of the curb.
Where a mailbox is located at a driveway entrance, it shall be placed on the far side of the
driveway in the direction of the delivery route. Where a mailbox is located at an intersecting
road, it shall be located a minimum of 100’ beyond the center of the intersecting road in the
direction of the delivery route. If requested by the local postmaster, height and placement of
mailboxes may vary slightly as directed by the Engineer/City Engineer.
No more than two mailboxes may be mounted on one post. Post spacing for multiple mailbox
installations shall be a maximum of 36”.
The mailbox post shall be embedded a minimum of 24” into the ground. A metal post shall have
an anti-twist plate that extends no more than 10” below the ground surface.
The existing mailbox shall be separated from the existing post and attached to the new post. If
the existing mailbox is damaged beyond repair by the Contractor, the mailbox shall be replaced
at no cost to the City. If the existing mailbox cannot physically be removed from the existing
post and re-used, the mailbox shall be replaced under the item Mailboxes. When a mailbox is
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replaced, the Contractor shall be responsible for placing identification markings on the new
mailbox corresponding to the markings on the original mailbox.
Unless otherwise specified, all existing mailbox supports shall be removed and replaced with
new supports. If directed by the Engineer/ City Engineer, the existing mailbox shall be restored
under the Contract item Remove and Replace Mailboxes. If directed by the Engineer/City
Engineer, the existing support and mailbox shall be removed and protected until placement in its
planned location. This work shall be paid for under the item Mailbox/Support Relocation.
506.04 Method of Measurement. Mailbox Supports, Mailboxes, Remove and Replace
Mailboxes, and Mailbox/ Support Relocation will be measured by the unit.
506.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per each for Mailbox Supports of the type specified,
for Mailboxes, or for Remove and Replace Mailboxes, or for Mailbox/Support Relocation; which
price shall be full compensation for furnishing all materials: for setting posts; for removing and
reattaching existing mailboxes; and for all labor, equipment, tools, and incidentals necessary to
complete the work.
Payment will be made under:
Pay Item Pay Unit
Mailbox Supports (single) EA
Mailbox Supports ( double) EA
Mailboxes EA
Remove and Replace Mailboxes EA
Mailbox/Support Relocation EA
Section 507. Pavement Markings
507.01 Description. This item shall consist of furnishing and placing pavement markings,
including words, arrows, and emblems, of the color, type and material specified, in accordance
with these specifications and to the dimensions and at the locations shown on the plans or as
directed.
The markings are to be placed under existing traffic conditions. The work shall meet the
requirements of the MUTCD except as modified by these specifications.
507.02 Materials.
a) Paint. Paint shall be a ready mixed white and yellow paint suitable for application on
concrete and bituminous pavements. All paints used for this application shall be listed on the
ARDOT Qualified Products List ( QPL). The manufacturer shall furnish a certification for each
lot certifying that the materials supplied conform to all the requirements specified and stating
that the material is formulated the same as the material tested for QPL listing.
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b) Thermoplastic Material. Thermoplastic material used shall meet all requirements of Section
719.02 of the ARDOT Standard Specifications.
c) Pavement Marking Tape. Pavement marking tape shall be a preformed tape conforming to
Section 720.02 of the ARDOT Standard Specifications for Type 5.
507.03 Construction Requirements.
a) General Requirements. All pavement markings shall be applied to clean, dry surfaces. If
necessary, the Contractor shall clean the surface of the pavement to receive markings before
beginning marking operations. Cleaning of the pavement is considered subsidiary to other items
of work and will not be paid for separately.
Pavement markings shall be placed at the locations shown on the plans, or as directed by the
Engineer/ City Engineer. All markings shall have well defined edges, shall be uniform in
thickness, and shall be straight and true. No stripe shall be less than the specified width. Any
corrections of variations in width or alignment of the stripes shall not be made abruptly.
Markings that cannot be corrected to meet these requirements shall be removed at the
Contractor’ s expense and will not be paid for.
Removal of markings shall be performed in such a manner that no conflicting pavement marking
will be left in place. Removal of the pavement marking by a means that will gouge the surface
will not be permitted.
b) Reflectorized Paint. Reflectorized paint shall be applied at a minimum wet film thickness of
15 mils (a minimum of 16.5 gallons per mile of 4” line). The painted line shall be uniform in
thickness and appearance across the width of the stripe. Glass beads shall be placed on the
surface of the wet paint in the amount of not less than 6 pounds per gallon.
c) Thermoplastic Markings. The thermoplastic compound shall be screed or ribbon extruded
to the pavement surface unless a specific application method is specified.
The thermoplastic material shall be dispensed at a temperature recommended by the
manufacturer. The applicator shall include a cutoff device remotely controlled to provide clean,
square stripe ends and to provide a method for applying skip lines.
Beads applied to the surface of the completed stripe shall be applied by an automatic bead
dispenser attached to the pavement marking equipment in such a manner that the beads are
immediately dispensed upon the completed line. The bead dispenser shall be equipped with an
automatic cutoff control, synchronized with the cutoff of the pavement marking equipment.
Thermoplastic markings shall not be applied to the pavement surface when the pavement surface
temperature is less than 50 F or when the pavement shows evidence of moisture.
On pavements where no pavement markings exist or where the existing pavement markings are
paint or thermoplastic and do not conflict with the proposed pavement markings, blasting with
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City of Fayetteville
water or sand or a combination thereof will be required to remove any curing compound,
oxidized paint or thermoplastic, or dirt to ensure a good bond. This blasting is considered surface
preparation and will not be paid for separately.
Conflicting pavement markings that exist shall be removed by blasting with water and/ or sand or
by grinding. This blasting or grinding is considered pavement marking removal.
The thickness of all thermoplastic markings above the roadway surface shall be 90 mils ( a
minimum of 1584 pounds per mile of 4” line). The minimum thickness will be measured in the
center of the line. The minimum ½” from the edges shall not be less than 75% of the thickness
required in the center. Maximum thickness of markings is 3/16”.
On concrete pavements, paint pavement markings meeting the requirements of this section shall
be applied as a primer for the thermoplastic markings, except where thermoplastic markings are
to be applied over existing thermoplastic markings. Paint applied to concrete pavement solely as
a primer will not be measured or paid for separately, but full compensation therefore will be
considered included in the contract unit prices bid for the various items of Thermoplastic
Pavement Markings. A primer other than paint may be used when recommended by the
thermoplastic manufacturer.
d) Pavement Marking Tape. The placement of the pavement marking tape shall comply with
the manufacturer’ s recommendations.
Air temperature shall be a minimum of 60 F and rising or the road temperature shall be a
minimum of 70 F before installation of marking tape will be allowed.
The roadway surface shall be cleaned by the Contractor with high pressure air or by sweeping.
The roadway shall then be marked where the pavement marking polymer is to be applied.
The polymer can then be applied by hand or with a manual or mechanical highway tape
applicator designed for that purpose. Only butt splices will be allowed with no overlapping.
After application, the tape shall be firmly tamped with a minimum 200 lb. Load or by slowly ( 2-
3 mph) driving over the tape with a vehicle tire. The Contractor shall ensure that all edges are
firmly adhered.
507.04 Method of Measurement and Basis of Payment. Pavement markings will be
measured as follows:
a) Center lines, skip lines, lane lines, edge lines, crosswalk bars, and stop bars will be measured
by the linear foot ( LF) of markings actually placed.
b) Words, arrows, and other symbols will be measured by the unit.
c) Pavement marking removal, when specified on the plans, will be measured by the square foot
of marking actually removed.
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Standard Street and Drainage Specifications
Work completed, accepted, and measured as provided above will be paid for at the contract price
bid per linear foot for lines of widths specified, per each for symbols, and per square foot for
pavement marking removal.
Payment will be made under:
Pay Item Pay Unit
Pavement Marking (Thermoplastic) LF
Pavement Symbols ( Thermoplastic) EA
Pavement Marking Removal SF
Section 508. Street Signs
508.01 Description. This item shall consist of installing new signs and supports, and/ or
relocating existing signs, complete with posts, supports, and concrete bases, where required,
according to these Specifications and to the dimensions and details and at the locations shown on
the Plans or as directed by the Engineer/ City Engineer.
508.02 Materials and Fabrication.
a) Signs. Materials used in the fabrication of street signs shall comply with the latest edition of
the ARDOT Standard Specifications Section 723, ARDOT Standard Drawings, and the
MUTCD. Signs and equipment manufactured in accordance with the above mentioned
specification will not be required to be submitted for approval.
b) Supports. Materials used for new and relocated street sign supports shall be U-section
channel or galvanized steel pipe as indicated in the plans.
508.03 Construction Requirements. The Contractor shall install new signs at the locations
as shown in the plans or as directed by the Engineer/ City Engineer. The Contractor will maintain
existing signs during construction, and relocate the signs to permanent locations as shown in the
plans or as directed by the Engineer/ City Engineer. Should the sign or support become damaged
during construction, the Contractor will furnish the replacement.
Any sign not indicated to be relocated as shown on the plans, or as directed by the Engineer/City
Engineer shall be salvaged and delivered to the City.
Signs shall be erected at the specified location, plumb, and to the specified vertical and
horizontal clearances.
Roadside directional signs shall be erected at a minimum height of 7' above the pavement edge,
measured to the bottom of the sign. If a secondary sign is mounted below the primary sign, the
primary sign shall be erected a minimum of 8' above the pavement edge and the secondary sign
a minimum of 5' above the pavement edge. Route markers, warning signs, and regulatory signs
shall be erected a minimum height of 6' above the pavement edge. All heights measured to the
bottom of the sign.
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City of Fayetteville
The minimum horizontal clearance to any ground mounted sign shall be 2' beyond the edge of
the roadway shoulder or unmountable curb face.
Signs shall normally be erected so that the sign face is vertical and at 93° away from the center
of the lane that the sign serves and away from the direction of travel. Where lanes divide, or on
curves, sign faces shall be oriented so as to be most effective both day and night, and to avoid the
possibility of specular reflection.
Field drilling of holes in any part of the sign support structure shall be done only when
specified on the plans or as directed by the Engineer.
After sign installation is complete, the signs will be inspected at night by the Engineer. If
specular reflection is apparent on any sign, its position shall be adjusted by the Contractor to
eliminate this condition.
508.04 Method of Measurement. Signs that are relocated or installed new shall be measured
by a complete unit in place ( including required footings).
No payment will be made for salvaged signs delivered to the City.
508.05 Basis of Payment. Work completed and accepted under this item and measured as
provided above shall be paid for at the Contract unit price bid for each sign, which price shall be
full compensation for the relocation, or erection of each sign, including new support and footing;
and for tools, equipment, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Street Sign Installation EA
Section 509. Erosion Control
509.01 Description. This item shall consist of Temporary Erosion Control Measures to limit,
control, and contain fill materials, soil erosion, sedimentation, and other wastes resulting from
construction activities that could result in harm to private properties as well as public properties,
streams and waterways.
This item shall also include the requirement of the Contractor to implement and maintain the
Stormwater Pollution Prevention Plan ( SWP3/SWPPP) and to comply with all necessary
approvals and permits.
509.02 Standards.
All work for this item shall comply with all Federal and State requirements including the Clean
Water Act ( 33 U.S.C. 1251 et seq.), the National Pollutant Discharge Elimination System
NPDES), and the Arkansas Water and Air Pollution Control Act (Act 472 of 1949 , as amended,
Ark. Code Ann. 8-4-101 et seq.) and the regulations, orders or decrees issues pursuant thereto.
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All work for this item shall further comply with all Local and Municipal requirements including
the City of Fayetteville Code Chapter 170, “ STORMWATER MANAGEMENT, DRAINAGE,
AND EROSION CONTROL” except as modified or augmented herein.
509.03 Application.
The City will develop the SWP3 and will obtain the permit from the Arkansas Department of
Environmental Quality ( ADEQ) for discharge of stormwater from construction activities for the
project.
The requirements of this item shall apply to all construction activities under the Contract. The
Contractor shall implement and maintain the SWP3 for all construction activities under the
contract without regard to size of land area disturbance.
The Contractor’ s operations on lands located off the right-of-way, such as borrow pits, plant
sites, waste sites, or other facilities, may require compliance with this specification and/ or
NPDES permit, and may require that additional permits be obtained. Any such additional permits
will be the responsibility of the Contractor. Determination may be based upon location,
jurisdiction and area of land disturbance.
509.02 Responsibilities of the Contractor.
a) General. The Contractor shall comply with City of Fayetteville Code Chapter 170, except as
modified or augmented herein.
The Contractor shall comply with all applicable Federal, State, Local and Municipal regulations
and requirements.
The Contractor shall stabilize the land and comply with requirements of all permits issued for the
project including any additions or revisions thereto.
Upon completion of the construction activities, the Contractor shall file a Notice of Termination
with the City.
b) NPDES Requirements. Construction activities that will disturb soil or remove vegetation on
one ( 1) or more acres of land during the life of the construction project shall also comply with
the applicable NPDES Permit requirements as administrated by ADEQ.
Construction activities authorized under NPDES GENERAL PERMIT NO. ARR150000 with
the ADEQ shall comply with Section 509. 02. “ Responsibilities of the Contractor” ( a) General
above), and the following:
The City will prepare and file the appropriate applications, information, Notice of Intent, SWP3
SWPPP) and other information as required by NPDES GENERAL PERMIT NO. ARR150000
with the ADEQ.
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City of Fayetteville
The Contractor shall comply with all NPDES Permit requirements, including, but not limited to,
implementation, maintenance, and modification of the SWP3 as circumstances require, and
documented inspections of erosion and sediment control systems.
The City will submit to the Contractor one copy of the NPDES Permit and/or other
correspondence received from ADEQ. The Contractor shall post this information on site in
accordance with the NPDES Permit, and have the current SWP3, inspection logs, and other
required information on site at all times and available for inspection by ADEQ, the City, or other
regulatory agencies as applicable.
The Contractor shall file the Notice of Termination with ADEQ when the site has been finally
stabilized and all storm water discharges from construction activities authorized by the NPDES
Permit are eliminated.
509.03 Construction Methods
Where temporary erosion control measures are shown on the plans and in the SWP3, such
temporary erosion control measures are provided to the Contractor as minimum controls and
guidance. The Contractor shall be responsible to incorporate and expand as necessary the
temporary erosion control measures where shown in the plans in accordance with the approved
SWP3. The Contractor shall modify the SWP3 as necessary in order to fully comply with the
NPDES Permit.
All work required due to the violation of provisions of Corps of Engineers ( COE) Section 404
Permits, NPDES Permits, or other requirements of these specifications which results from
Contractor negligence, carelessness, or failure to perform work as scheduled, shall be performed
by the Contractor at no cost to the City. In addition, the Contractor will be assessed the amounts
of any and all fines and penalties assessed against and costs incurred by the City which are the
result of the Contractor’ s failure to comply with a COE Section 404 Permit or NPDES Permit.
The City will not be responsible for any delays or costs due to the Contractor’s failure to comply
with the conditions of the COE Section 404 Permit or NPDES Permit. The Contractor will not be
granted additional compensation or contract time due to loss of Permits for noncompliance.
In the event that pollutant spills occur which are the result of the Contractor’ s actions or
negligence, the cleanup shall be performed by the Contractor at no cost to the City.
509.04 Method of Measurement and Basis of Payment.
No measurement of this item will be made.
Temporary erosion control acceptably completed will be paid for at the contract lump sum price
bid for “ Erosion Control”, which prices shall be full compensation for furnishing all materials,
tools, equipment, labor, incidentals and all other items necessary to implement, maintain and
complete the work. Payment for “Erosion Control” shall also include implementing, maintaining,
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and complying with the Stormwater Pollution Prevention Plan ( SWP3/ SWPPP); including
design, inspections, fees, report preparation, housekeeping practices, cleaning, maintenance and
all other actions necessary to execute the SWP3 ( SWPPP). Periodic payments will be made
under this item in proportion to the amount of work accomplished as determined by the
Engineer/ City Engineer.
Deductions to this item will be made in the amount of any fines levied on the City by ADEQ or
other regulatory agencies as a result of the failure by the Contractor to comply with the
provisions of COE Section 404 or NPDES Permits.
Payment will be made under:
Pay Item Pay Unit
Erosion Control LS
Section 510. Traffic Control and Maintenance
510.01 Description. This work consists of furnishing, installing, and maintaining necessary
traffic signs, barricades, lights, signals, cones, concrete barriers, pavement marking, and other
traffic control devices and shall include flagging, pilot car operations, and other means for
guidance of traffic through the work zone. The work shall be done according to the MUTCD,
ARDOT Standards, the Standard Specifications and the Contractor’ s approved Traffic Control
plan. An approved Traffic Control plan provided by the Contractor shall be required before any
construction begins. This item shall also include maintenance of roadway surface.
This item shall also include the temporary relocation of traffic and street signs, the maintenance of
the temporarily relocated signs through the construction of the project, and the permanent relocation
of any sign relocated due to construction signage after the construction is complete. Permanent
relocation of any salvaged signs shall consist of furnishing new sign post, new support hardware,
and new concrete bases, where required, in accordance with the dimensions and details shown in
the Plans and at the locations shown in the Plans, or as directed by the Engineer. New sign posts
shall comply with the Standard Specifications and Standard Drawings.
a) Contractor’s Plan. Traffic Control or Maintenance of Traffic when shown in the Plans is
provided to the Contractor as guidance. The Contractor shall prepare and submit for approval a
detailed Traffic Control or Maintenance of Traffic Plan including adherence to the specified
schedule of construction phases when so indicated in the Contract Documents to the Engineer and
Owner. The Contractor’s Traffic Control or Maintenance of Traffic Plan shall include and expand
as necessary the Traffic Control or Maintenance of Traffic when indicated in the Plans and
Specifications, and shall be complete with all proposed traffic control or traffic maintenance devices
including proposed temporary roadway widening. The Contractor shall prepare and submit the
detailed Maintenance of Traffic Plan to the Engineer and Owner 7 days prior to the preconstruction
conference and in accordance with these Specifications.
Upon approval of the Contractor’ s Maintenance of Traffic Plan by the Owner in writing, the
Contractor shall supply the City Engineer, the Fire Chief and the Police Chief one (1) copy each for
their files. Two (2) copies shall be supplied to the Engineer.
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City of Fayetteville
The Contractor shall initiate and maintain all necessary labor and materials necessary to construct
the project in a manner which will guarantee public safety with a minimum of inconvenience.
Additional work, at no additional costs to the Owner, shall be performed by the Contractor during
construction as directed by the Owner or Engineer if necessary to insure the above standards.
b) Contractor Personnel. The Contractor shall designate a traffic control supervisor to furnish
continuous surveillance over traffic control operations. This supervisor shall be available at night
and weekends to respond to calls involving traffic control. The name of the traffic control
supervisor shall be provided at the preconstruction conference and to local police.
The Contractor’s personnel who are used to maintain traffic flow, such as flagmen or any other
person, who verbally communicates with or gives directions to the motorized public, shall speak
English fluently.
c) Driveways. Maintenance of driveways shall be as approved by the Engineer/City Engineer.
Unless indicated otherwise, it shall be the Contractor' s responsibility to maintain adequate access to
private and commercial property at all times, except as required for construction across the
driveway as approved by the Engineer. During the construction of driveways or at any time that a
property owner cannot use his driveway, the Contractor shall notify the property owner (one week
in advance, minimum) when the driveway will be closed and the approximate length of time that it
will be closed. The intent of this section of the Specifications is to cause as little inconvenience as
possible to private property owners.
d) Relocation and Replacement of Traffic Signs and Pavement Striping. During the
construction of the project, the temporary relocation of street signs and traffic control signs will be
performed by the Contractor. The Contractor shall maintain the signs at highly visible locations as
near as practicable to the original locations. The latest edition of the Manual of Uniform Traffic
Control Devices published by the Federal Highway Administration shall be used as a guide to the
placement of signs during construction.
Immediately after the construction of any part of the project reaches a stage of completion such that
the relocation of the street signs and traffic control signs is no longer necessary, the Contractor shall
permanently relocate the street signs and traffic control signs. Removing any construction signage
must be approved by the Engineer.
Street signs and traffic control signs shall be removed from such area of work as necessary to permit
work on the project. Each sign shall be temporarily relocated in a secure manner by driving the sign
into the ground with equipment approved by the Engineer, or otherwise installed as approved to
prevent damage to underground utilities. Street signs no longer necessary shall be salvaged in good
condition and restored to their original use or returned to the Owner if no longer needed.
Existing striping shall be removed and new temporary stripes and other pavement markings shall be
provided by the Contractor. Work shall be performed in accordance with SECTION 720 (for Type
4) PERMANENT PAVEMENT MARKING TAPE of the Standard Specifications. Pavement
markings not necessary to the phased construction patterns shall be removed or obliterated with
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Standard Street and Drainage Specifications
black paint, as approved by the Engineer. Striping shall be maintained and restored as necessary
during construction.
e) Suspension of Work. If the Owner or the Engineer determines that provisions for safe traffic
control are not being provided or maintained, the work will be suspended. In cases of serious or
willful disregard for safety of the public or construction workers, the Owner will place the traffic
control devices in proper condition and deduct the costs from monies due the Contractor.
510.02 Maintenance Requirements. Unless approved otherwise by the City, the road, while
undergoing improvements, shall be kept open by the Contractor to all traffic. When so provided
on the plans, or the Contractor’ s approved plan, the Contractor may bypass traffic over an
approved detour route. The Contractor shall keep the portion of the project being used by public
traffic, whether it is through or local traffic, in such condition that will permit the safe,
continuous flow of two-way traffic at all times. When a part of the plans or when approved by
the City, areas where the nature of the work restricts or prohibits two-way flow, one-way
operation may be maintained by using flaggers or timed signalization. The Contractor shall also
provide and maintain in a safe condition temporary approaches, crossings and intersections with
trails, roads, streets, businesses, parking lots, residences, garages, farms, etc.
As part of regular traffic maintenance, the Contractor shall remove all snow and ice accumulated
on the traveled roadway. Exposed soil that becomes muddy due to rains or other precipitation
shall be removed or covered with aggregate base material to the satisfaction of the City. Dust
shall be controlled at all times. In the event that watering does not satisfactorily control the dust,
other methods of dust control will be required.
Necessary traffic control devices shall be properly placed and in operation before starting
construction. When work of a progressive nature is involved, such as resurfacing, the appropriate
traffic control devices shall be kept current and placed only in the areas of actual work activities.
All traffic control devices shall meet the requirements of the ARDOT Standard Specifications
Section 604.02 and the most current version of the MUTCD.
If the City determines that provisions for safe traffic control are not being provided or
maintained, the work will be suspended. In cases of serious or willful disregard for safety of the
public or construction workers, the City will place the traffic control devices in proper condition
and deduct the costs from monies due the Contractor.
Types of barricade supports or devices not specifically described in the MUTCD shall not be
used. The methods used to control traffic for lane changes or other diversions shall meet the
MUTCD and the traffic control plan.
Portable changeable message signs meeting the requirements of Section 604 of the ARDOT
Standard Specifications shall be used if and where directed by the City.
510.03 Method of Measurement. Aggregate base for traffic maintenance, if specifically
included as a bid item, will be measured by the ton of material placed for traffic control. No
payment will be made under this item unless base placement is specifically directed by the
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Engineer/ City Engineer. No base so directed shall be placed without the Engineer/ City Engineer
or authorized representative present. The tonnage of material placed shall be substantiated by
truck tickets delivered along with the base material and presented to the Engineer/ City Engineer
at the time of base placement. If an item for aggregate base for traffic control is not included, it
shall be considered subsidiary to other items.
When directed or approved for use by the City, portable changeable message signs meeting the
requirements of Section 604 of the ARDOT Standard Specifications will be measured for
payment by the number of days each sign is required and authorized by the City. Payment for a
full day will be made for any portion of a day that the panel or sign is used, but the measurement
shall not exceed one per sign on any calendar day.
No other traffic control items will be measured.
510.04 Basis of Payment. Payment for aggregate base for roadway maintenance as measured
above will be made at the unit price bid per ton.
All other traffic control and maintenance materials and activities will be paid for at the lump sum
price bid for traffic control.
Payment will be made under:
Pay Item Pay Unit
Traffic Control and Maintenance LS
Aggregate Base for Roadway Maintenance Ton
Portable Changeable Message Sign Day
Section 511. Mobilization
511.01 Description. This item shall consist of preparatory work and operations, including
those necessary for the movement of personnel, equipment, supplies, and incidentals to the
project site.
This item shall also include other work and operations that must be performed, or for expenses
incurred, before beginning work on the various Contract items on the project site. It shall also
include pre-construction costs which are necessary direct costs to the project and are of a general
nature rather than directly attributable to other pay items under the Contract.
511.02 Measurement and Payment. Mobilization will be measured as a complete unit and
will be paid for at the contract lump sum price bid. In computing the allowable partial payments
from the schedule below, the percentage of the original Contract earned will be based on all
items exclusive of the item of Mobilization, and payment for this item at any of the listed stages
of completion will be made on the basis of the percentage of the item allowed less all payments
made.
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PARTIAL PAYMENT SCHEDULE
Percent of Original Contract Percent of Bid Price for
Amount Earned Mobilization Allowed
First Pay Estimate 25%
10% 50%
25% 100%
This item will be paid for on regular estimates. Payments on percentages of the original Contract
amount other than those set out above will not be considered. No adjustment in the amount bid
for this item will be made for additional quantities or items of work required to satisfactorily
complete the Contract.
IN NO CASE SHALL THE AMOUNT BID FOR THE ITEM OF “ MOBILIZATION”
EXCEED 5% OF THE TOTAL CONTRACT AMOUNT FOR ALL OTHER ITEMS LISTED
IN THE PROPOSAL. Should the amount entered in the Proposal for this item exceed 5%, the
bid shall be rejected.
Payment will be made under:
Pay Item Pay Unit
Mobilization LS
Section 512. Fences
512.01 Description. This item shall consist of furnishing and erecting wire fence, chain link
fence, wood privacy fence and gates according to the plans and these specifications, and in
reasonably close conformity to the lines, grades, and alignment shown on the plans or as
directed.
512.02 Materials.
a) General. All materials used shall be new and shall comply with the requirements for the
class and type of material specified. Previously used materials will be allowed for temporary
fencing.
Concrete for setting posts shall comply with Section 601 for Class 1 Concrete.
b) Wire Fence. Wood posts and braces shall be pressure treated, seasoned, sound, and
reasonably straight southern pine or Douglas Fir of the West Coast Region. The posts shall be
round and free from excessive end splits. Before pressure treatment, the posts and braces shall
have the bark removed, the knots trimmed flush, and the ends cut square. Posts that are to be
driven shall have the small end tapered. Posts shall be treated by a standard empty cell or full cell
process according to AWPA practice using creosote and retaining a minimum of 8 pounds per
cubic foot of wood; or using pentachlorophenol, or chromated copper arsenate and retaining a
minimum of 0.4 pounds per cubic foot of wood.
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City of Fayetteville
Metal posts and braces shall be of good commercial quality iron or steel and may be tubular, T,
U, Y, or other shape manufactured for use as fence posts or braces.
Woven Wire Farm Fence shall be AASHTO Design Number 1047-6-11 AASHTO M 279 or
ASTM A116, Class 3 galvanizing.
Barbed wire shall be 12 ½ gauge with 4-point barbs and shall comply with AASHTO M 280,
Class 3 galvanizing.
As an alternate to the barbed wire specified above, high tensile wire having the same galvanizing
and breaking strength as Class 3, 12 ½ gauge wire, and complying with the remaining
requirements of AASHTO M 280 for a four point barb may be used.
The minimum gauge of the high tensile barbed wire shall be as follows:
1) Strand wire gage: 15 ½
2) Barb wire gage: 17
Staples used to attach the wire fencing to wood posts shall be galvanized 9 gauge, 38 mm ( 1-½”)
in length.
Steel line posts shall be galvanized or painted and comply with AASHTO M 281. Tubular steel
posts shall comply with Grade 1 or Grade 2 of AASHTO M 181, or an approved alternate of
Grade 2.
Hardware and fittings shall comply with ASTM F 626. Any miscellaneous hardware or fittings
not mentioned in ASTM F 626 shall be galvanized according to the applicable requirements of
AASHTO M 111 or M 232.
c) Chain Link Fence. Material for chain link fence shall comply with AASHTO M 181 Types
I, II, or III. Steel members for posts, rails, expansion sleeves, and gate frames may be either
Grade 1 or Grade 2. The shape, size, and length of posts and rails, and the height of fabric shall
be as shown on the plans.
Hardware and Fittings shall comply with ASTM F 626. Any miscellaneous hardware or fittings
not mentioned shall be galvanized according to AASHTO M 111 or M 232. Tension wire shall
be minimum 7 gauge.
Aluminum alloy fabric shall be used only with aluminum posts. Aluminum coated steel fabric
and galvanized steel fabric, Class C, shall be used only with Grade 1 or Grade 2 steel posts.
Fence fabric shall be minimum 9 gauge wire for 6’ fencing and 12 gauge wire for 4’ fencing.
Frames for gates shall be galvanized steel or aluminum of the type and length shown on the
plans. Frames shall be Grade 1 or Grade 2. Welds shall be galvanized.
Commercial gates may be used if they are equal to or better than the planned gates as
determined and approved by the Engineer/City Engineer.
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Standard Street and Drainage Specifications
The gate fabric shall be of the same type material and be in accordance with the same
specifications as the adjoining fence.
d) Wood Privacy Fence. All pine wood material shall be pressure treated with
pentachlorophenol or chromated copper arsenate and shall retain a minimum of 0.4 pounds per
cubic foot of wood. Cedar panels shall be reasonably straight and free from knots, warping, and
other defects.
e) Temporary Fencing. Materials for temporary fencing shall be appropriate for the use
intended.
512.03 Construction Requirements.
a) General. The fence shall be erected parallel to the right-of-way line, or as directed. Unless
otherwise specified, the fence shall be a minimum of 6” and a maximum of 1’ behind the right -
of-way line. The fence grade shall generally follow the ground contour, but shall present a
uniform appearance. Minor grading along the fence line may be necessary to obtain the desired
uniformity in fence grade. The fence alignment may be adjusted by the Engineer/ City Engineer
to preserve trees, land monuments, and property corner markers.
b) Wire Fence. Line posts and pull assemblies shall be spaced as shown on the plans. Wood
corner, gate, and pull posts may be driven in place provided the driving does not damage the
post; or they may be set in dug holes and set in concrete. Metal corner, gate, end, and pull posts
shall be set in concrete. Wire shall not be stretched onto posts set in concrete until seven days
after placement of posts. Posts shall be set plumb.
The Contractor has the option of using wood or steel posts and braces unless otherwise specified,
but shall use the same material on the entire project. Wood end, corner, and pull posts may be
used with steel line posts.
When solid rock is encountered, the posts shall be set into the rock a minimum of 10” for line
posts and 16” for end, corner, gate, and pull posts. The hole in the rock shall have a minimum
cross section dimension 1” greater than the post to be set. The posts shall be cut before setting to
give the proper length above ground surface. The hole shall be filled with Concrete or a grout
consisting of 1 part portland cement and 3 parts concrete sand.
Wire tension braces for wood pull, end, and corner assemblies shall consist of a 9 gauge wire
passed around the posts to form a double wire. The wire shall be fastened to each post and the
ends fastened together to form a continuous wire. The wires shall then be twisted together until
the wire is in tension.
Where the new fence joins an existing fence, the two shall be attached in a satisfactory manner,
with end posts being set as directed. Where the proposed fence intersects an existing fence, the
end post shall be set for the existing fence clear of the proposed fence line as shown on the plans.
The wire of the existing fence shall be stapled to the end post.
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City of Fayetteville
Pull post assemblies shall be placed at intervals of not more than 300’ in straight alignment on
level or uniformly sloping ground. Pull posts shall also be placed at all sharp vertical angle
points in the line.
Corner post assemblies shall be placed at all horizontal angle points of 15 or more in the fence.
When the distance from a corner post to the next corner or pull post is less than 165’, one
approach span on the corner assembly may be omitted.
End post assemblies at fence ends, gates, bridge abutments, and on banks of streams shall be
erected in the same manner as corner construction. Extra length posts shall be provided for
crossing small streams, ditches, ravines, or soft ground. Additional depth of set shall be secured
in soft ground as directed.
The wire shall be attached to the face of the post away from the street. The wire shall be attached
to wood line posts with staples driven at right angles to the grain and at a slight downward angle
to attain the best anchorage. The staples shall not be driven tightly against the wire but shall
leave free space for adjustment in tension due to changes in temperature. Wire shall be attached
to steel line posts with approved galvanized clips. All barbed wire and alternate line wires of
woven fabric shall be fastened to each line post. Barbed wire and all line wires of woven fabric
shall be fastened to end, corner, and pull posts by wrapping the wire around the posts and tying
the wire back on itself with not less than 3 tightly wrapped twists. Splicing of barbed wire and
woven wire shall be done according to the plans. Gates of the same width and material type shall
be placed at locations of existing gates as shown on the plans. Gates may be re-used if they have
not been damaged during the construction period. If existing gates are not in satisfactory
conditions for reuse, they shall be replaced at no cost to the City.
c) Chain Link Fence. All posts shall be set in concrete as shown on the plans, plumb, and true
to line and grade. Concrete shall comply with Section 601 for Class 1 and shall be thoroughly
tamped around the posts. The posts shall be equally spaced in the line of fence not to exceed a
spacing of 10 feet. The top of the footing shall be domed to drain water away from the post.
Concrete in post footings shall be at least 7 days old before stretching and securing fabric to
posts, bracing, or hanging gates.
Top rails shall pass through post caps and shall be securely fastened to end, brace, pull, and
corner posts. Joints in top rails shall be made with expansion sleeve couplings to provide a
substantial connection and allow for expansion and contraction of the rail.
Before the fence fabric is placed, the tension wire shall be placed at the proper location; stretched
taut; securely anchored to each end, corner, or intermediate brace post; and satisfactorily
fastened to each line post.
The fence fabric shall be attached to the face of the post facing the street.
The end of the fabric shall be attached to the posts by means of a stretcher bar threaded through
the end loops of the fabric and secured to the posts with clamps and bolts. The fabric shall be
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Standard Street and Drainage Specifications
stretched to remove all slack with approved stretching equipment. The stretched fabric shall be
secured to line posts, top rail, braces, and tension wire with specified fabric fasteners. Fabric
fasteners shall be placed on line posts at not greater than 24” centers. Stretching operations shall
be repeated at approximately every 100’ for each run of fence. The use of trucks, tractors, and
similar equipment will not be permitted in the stretching operation, except as anchors.
Splicing of the fabric shall be done by interweaving a wire picket through each end loop of each
piece of fabric in a manner that will neatly and securely fasten the lengths of fabric together.
d) Wood Privacy Fence. Wood privacy fence shall be constructed at all locations where
existing privacy fence is required to be removed, at other locations shown on the plans, or as
directed by the Engineer/City Engineer.
Wood privacy fence shall be constructed as shown on the plans or shall match the existing fence
in materials and configuration as closely as possible. Materials and workmanship of wood
privacy fences, including gates, shall be of the same or better quality as the existing fence.
e) Gates. Gates of the length and type of existing gates shall be constructed at the locations
shown on the plans or as directed.
f) Temporary Fencing. Temporary fencing shall be installed as required to contain livestock,
pets, and to maintain safety and security of adjacent properties. Fences shall be installed and
maintained that their intended purpose is accomplished.
512.04 Method of Measurement.
a) Fence will be measured by the linear foot in place along the midpoint in height of the fence
from outside to outside of the end posts. The lengths of gates will be excluded from this
measurement.
b) Gates will be measured by the Linear Foot.
c) Temporary fencing, if included as a bid item, will be measured by the linear foot ( LF). If this
item is not included as a pay item, temporary fencing will be considered subsidiary to other items
and will not be measured.
512.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for as follows:
Barbed Wire Fence will be paid for at the contract unit price bid per linear foot for Barbed Wire
Fence. Barbed and Woven Wire Fence will be paid for at the unit contract price per linear foot
for Woven and Barbed Wire Fence. Chain Link Fence will be paid for at the contract unit price
bid per linear foot for Chain Link Fence of the height specified. Wood Privacy Fence will be
paid for at the contract unit price bid per linear foot for Wood Privacy Fence of the height
specified. Gates will be paid for at the contract unit price bid per linear foot for Gates of the type
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City of Fayetteville
and dimensions specified. Temporary fencing will be for at the contract price per linear foot for
temporary fencing of appropriate materials and heights.
The contract unit prices mentioned above shall be full compensation for clearing, grading, setting
posts, erecting fence, and removing temporary fences; for excavation and backfill; for furnishing
materials; and for all labor, equipment, tools, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Barbed Wire Fence LF
Woven and Barbed Wire Fence LF
Woven Wire Fence LF
Chain Link Fence LF
Chain Link Gates LF
Wood Privacy Fence LF
Gates for Wood Privacy Fence LF
Temporary Fencing LF
Section 513. Handicap Ramps
513.01 Description. This item shall consist of the construction of handicap ramps in
accordance with these specifications and the Standard Drawings at the locations shown on the
plans or as directed by the Engineer/City Engineer.
513.02 Materials. Concrete used shall meet the requirements for Class 1 Concrete as provided
in Section 601. The maximum allowable slump shall be 4 inches. The maximum water-cement
ratio for the mix selected shall not be exceeded.
Cast-in-place detectable warning panels used shall be composed of a vitrified polymer composite
material. The color of the panels shall conform to Federal Color No. 33538, and shall be
homogeneous throughout the product. The panels shall be cast into the wet concrete. Surface
applied products shall not be allowed. The cast-in-place detectable warning panels shall meet the
size and spacing requirements shown in the plans.
513.03 Construction Requirements. When a ramp is to be constructed on an existing
sidewalk, any items that are planned to be retained but are damaged during the removal or
construction operations shall be repaired at no cost to the City.
Handicap Ramps shall be constructed in accordance with Section 502 and the current City of
Fayetteville Standard Drawings. Cast-in-place detectable warning panels shall be installed into
the wet concrete per the manufacturer’ s specifications.
513.04 Method of Measurement. Cast-in-place detectable warning panels will be measured
by the square foot. Concrete used in Handicap Ramps will be measured by the square yard.
Limits of measurement will include the ramp, landing and wings.
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Standard Street and Drainage Specifications
513.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per square foot for Cast-in-Place Detectable
Warning Panels and per square yard for Handicap Ramp Concrete of the type specified, which
price shall be full compensation for excavation and backfilling; for furnishing materials
including joint filler, aggregate base and concrete; for constructing the ramp, for furnishing and
placing cast-in-place detectable warning panels; and for all equipment, tools, labor, and
incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Cast-in-Place Detectable Warning Panel SF
Handicap Access Ramp SY
Section 514. Project Signs
514.01 Description. This item shall consist of installing new project signs and supports
furnished by the Contractor as shown on the plans, or as directed by the Engineer/City Engineer.
The layout of the sign must be submitted to the Engineer for approval prior to installation.
514.02 Materials and Sign Layout. The structure and frame of project signs shall be wood
or metal and shall structurally adequate to support the sign. Rough hardware shall be galvanized
or aluminum.
The sign surface shall be constructed of minimum ¾-inch thickness exterior grade plywood with
medium density overlay. Panels shall be of size to minimize joints. Overall size shall be 4’ x 8’
unless otherwise specified.
Paint colors will be selected by Owner. Information Content shall be as follows:
1) Project title, logo, and name of Owner as shown on Contract Documents.
2) Names and titles of authorities.
3) Name, title and address of Engineer.
4) Name of prime Contractor and major Subcontractors.
5) Any additional information requested by Owner.
514.03 Construction Requirements. The Contractor will furnish new project signs and
supports and shall install the signs at the locations as shown in the plans or as directed by the
Engineer/City Engineer. The Contractor will maintain the signs during construction. Should the
sign or support become damaged during construction, the Contractor will furnish the
replacement. The project signs shall be installed within two days after commencement of
mobilization. Project signs are to be removed following the announcement of the project’ s Final
Completion by the Engineer/City Engineer. Final payment will be withheld until project signs
have been removed.
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City of Fayetteville
514.04 Method of Measurement and Basis of Payment. Projects signs will be measured
on a per each basis. Payment will be made for each sign constructed and installed according to
the Plans and Specifications in the locations designated by the City. The price bid for each sign
will be full compensation for all construction, installation, and maintenance of the signs.
Payment will be made under:
Pay Item Pay Unit
Project Signs EA
Section 515. Handrail
515.01 Description. This item shall consist of furnishing and erecting galvanized steel
handrail on box culverts, headwalls, retaining walls, sidewalks, or steps, where shown on the
Plans, or as directed by the Engineer/ City Engineer, in accordance with the details shown on the
Plans and with these specifications.
515.02 Materials.
a) General. All materials used shall be new and shall comply with the requirements for the
class and type of material specified.
All handrail materials shall be galvanized, powder coated steel, coated at the rate of 2.0 ounces
of zinc per square foot of surface coated with a 3 mil dry film thickness of powder coating top
coat suitable for exterior application. The powder coating color shall be selected by the owner
from a color chart provided by the contractor.
515.03 Construction Requirements.
a) General. All welding shall be in accordance with current provisions of Specifications for
Welded Highway and Railroad Bridges, American Welding Society. Welding shall be done by
the shielded arc method and shall be done only by certified welders. Welding rods shall be low
hydrogen suitable for use with the metal being welded. Welds joining sections of handrail shall
be ground smooth prior to touch up painting. All damaged coatings shall be repaired in
accordance with paint manufacturer recommendations and to the satisfaction of the City.
Other galvanizing and painting methods may be used if approved by the Engineer/ City Engineer.
Prior to installation, the Contractor shall contact the Engineer/ City Engineer for his inspection of
the Handrail.
515.04 Method of Measurement.
a) Galvanized steel handrail will be measured by the linear foot, completed and accepted.
515.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for as follows:
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Standard Street and Drainage Specifications
Steel handrail acceptably completed and measured as provided above, will be paid for at the
contract unit price per linear foot bid for “ Steel Handrail,” which price shall be full compensation
for furnishing and installing all materials, including sleeves with plates, grout; and for all
equipment, tools, labor, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Steel Handrail LF
Section 516. Cold Milling Pavement
516.01 Description. This item shall consist of cold milling the asphalt or concrete pavement at
the locations designated on the plans or by the Engineer/ City Engineer and removing the
resulting material from the street right-of-way. Unless otherwise provided, the reclaimed
pavement shall become the property of the Contractor. The pavement remaining after milling
shall provide a surface suitable for maintaining traffic.
516.02 Equipment. The Contractor shall provide self-propelled equipment with sufficient
power, traction, and stability to maintain an accurate depth of cut and slope. The equipment shall
be capable of accurately and automatically establishing profile grade along each edge of the
machine by referencing from the existing pavement by means of a ski or matching shoe, or from
and independent grade control and shall have an automatic system for controlling cross slope at a
given rate. The milling machine shall have an effective means for preventing dust resulting from
the operation from escaping into the air.
Provision shall be made, either integrally with the milling machine, or by the use of additional
equipment, to remove the material being cut from the surface of the roadway.
516.03 Construction Requirements. The existing pavement shall be cold milled to a
minimum depth as shown on the plans.
516.04 Method of Measurement. Cold Milling Pavement will be measured by the square
yard ( SY) of pavement milled to the depth specified.
No separate payment will be made for repair or replacement of manholes, valve boxes, or other
appurtenances which are located and identified in advance of the cold milling operation and
which are damaged by the Contractor.
516.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per square yard for Cold Milling Pavement, which
price shall be full compensation for all work as prescribed herein, and for all labor, equipment,
tools, and incidentals necessary to complete the work.
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City of Fayetteville
Payment will be made under:
Pay Item Pay Unit
Cold Milling Pavement SY
Section 517. Tree Protection Fencing
517.01 Description. This item shall consist of providing, installing, and maintaining tree
protection fencing per the detail in the Drawings at all the locations indicated on the Drawings
and/or as directed by the Engineer.
517.02 Materials.
517.03 Construction Requirements. Tree protection fencing shall be installed at locations
shown on the Plans, or as directed by the Engineer prior to any construction operations within
the vicinity. Fencing shall be installed in accordance with the details on the plans, and shall be
maintained so that it provides adequate protection throughout the Project. Fencing shall be
removed after all work has been completed or when directed by the Engineer.
517.04 Method of Measurement. Tree Protection Fencing shall be measured by the linear
foot (LF) of Tree Protection Fencing actually installed.
517.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per Linear Foot for Tree Protection Fencing, which
price shall be full compensation for providing, installing, maintaining, and removing tree
protection fencing, and for all labor, equipment, tools, and incidentals necessary to complete the
work.
Payment will be made under:
Pay Item Pay Unit
Tree Protection Fencing LF
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Standard Street and Drainage Specifications
DIVISION 600. MATERIALS
Section 601. Cast-in-Place Concrete
601.01 Description. This item shall consist of concrete in pavements, culverts, and
miscellaneous structures, prepared and constructed in accordance with these specifications and
conforming to the lines, grades, dimensions, and designs shown on the plans. Concrete shall
consist of approved portland cement, fine aggregate, coarse aggregate, water, and any approved
chemical admixtures mixed in the proportions specified for the various classes of concrete. All
concrete shall be from a supplier approved by the Arkansas Department of Transportation.
601.02 Materials. The materials used in concrete shall conform to the requirements of ARDOT
Standard Specifications Section 802.02. Coarse aggregate gradation shall conform to the
requirements for Class A, S, S(AE), and Seal Concrete in Section 802.02.
Admixtures shall be used to improve certain characteristics of the concrete when specified on the
plans. They may also be used when requested by the Contractor and approved by the City. The
Contractor’ s request shall be supported with the manufacturer’ s certified formulation of the
proposed admixture and with sufficient evidence that the proposed admixture has given
satisfactory results on other similar work. Permission to use the admixture may be withdrawn at
any time by the City when satisfactory results are not being obtained.
Admixtures shall be approved by the City. Admixtures shall be compatible with each other, as
advised by the manufacturer. The admixture dosage rate range as recommended by the
manufacturer shall be used. Should the dosage rate for any admixture not yield desirable
characteristics in the concrete, the dosage of admixture used shall be based on test results
obtained by trial batches.
Admixtures shall be added to the mixing water by means of a mechanical dispenser that will
accurately meter the additive throughout the mix water cycle. The dispenser shall be constructed
and connected so that the Engineer/ City Engineer can readily determine the amount of admixture
entering the mixing water.
Fly ash may be used as a partial cement replacement not exceeding 20% by weight of the cement
when approved by the City. When fly ash is used, the total weight of both cement and fly ash
will be used in design calculations. Fly ash used in concrete shall meet the requirements of
ASTM C 618, Class C or F. Mixing of Class C and Class F fly ashes will not be permitted. Use
of fly ash shall be discontinued immediately, as directed by the Engineer/City Engineer, when
such use is determined to be causing the production of concrete that does not meet
Specifications.
601.03 Classes of Concrete. One class of concrete is provided for in these specifications.
The appropriate class of concrete shall be used as specified below or where designated by the
Engineer/City Engineer.
The following requirements shall govern unless otherwise shown on the plans:
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City of Fayetteville
Class 1 concrete shall be used in curb and gutter, sidewalks, drop inlets, junction boxes, box
culverts, bridges, concrete pavement, and miscellaneous concrete items.
This class of concrete shall not be used if concrete is to be placed underwater. Concrete to be
placed under water shall meet ARDOT Specifications for Seal Concrete.
601.04 Classification and Proportioning. The concrete mixture shall be proportioned to
insure a workable and durable concrete, as specified in the following table:
Characteristic Class 1
Minimum Compressive Strength (psi at 28 days) 4000
Minimum Cement Content ( bags per cu. yd.) 6
Maximum Water/Cement Ratio 0.45
Slump Range ( Inches) 1-4*
Air Content Range (%) 4-7
Maximum Fly Ash Content 20%
Maximum slump shall be 2” when slip form paving methods are used.
For all classes of concrete, the concrete materials shall be using the Absolute Volumes method in
accordance with the requirements for the class specified.
The Contractor shall submit a mix design meeting the requirements of these Specifications.
Certification that all materials used in the concrete mix meet the requirements of these
Specifications shall be included with the mix design. No concrete shall be placed until a mix
design is approved by the City.
Compressive strengths for all classes of concrete will be determined from test cylinders made in
accordance with AASHTO T 23. If the strength required for the class of concrete being produced
is not obtained with the minimum cement content specified, additional cement shall be used at no
extra cost to the City.
601.05 Sampling and Testing. During the progress of work, concrete test specimens will be
made by the City or its authorized representative in accordance with American Concrete Institute
testing procedures. Sampling frequency will be as specified in Section 107.
Slump will be determined using AASHTO T 119. Air content will be determined using
AASHTO T 152. Compressive strength specimens will be made in accordance with AASHTO T
23 and tested in accordance with AASHTO T 22.
Specimens for determining when forms may be removed, when a structure may be put in service,
or when concrete piling may be driven will be cured, as nearly as practicable, in the same
manner as the concrete in the structure and in accordance with AASHTO T 23.
601.06 Measurement of Materials. Materials will be measured by weighing, except as
otherwise specified or where other methods are specifically authorized by the Engineer/ City
Engineer. Aggregates shall be measured separately and accurately by weight. Measuring devices
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shall be operated in a manner that will consistently weigh the cement within 1% and the
individual aggregates within 2% of the required weight. Measuring devices shall be so
designed and plainly marked that the weights can be accurately and conveniently verified for the
quantities of each component actually being used.
Cement in standard packages ( sack) need not be weighed, but bulk cement shall be weighed.
The mixing water shall be measured by weight or by volume. The water measuring device shall
be accurate to within 1%.
When the aggregates contain more water than the quantity necessary to produce a saturated
surface-dry condition, representative samples shall be taken and the moisture content determined
for each kind of aggregate.
601.07 Mixing Concrete. Concrete shall be thoroughly mixed in a mixer of an approved size
and type that will insure a uniform distribution of the materials throughout the mass.
The concrete shall be mixed only in the quantity required for immediate use. Concrete that has
developed an initial set shall not be used. Re-tempering concrete will not be permitted.
Mixers and agitators shall not be charged in excess of the manufacturer’ s rated capacity.
Concrete shall be delivered and discharged from the truck mixer or agitator into the forms within
1½ hours after the introduction of the mixing water to the cement. In hot weather, or under other
conditions contributing to quick setting of the concrete, the maximum allowable time may be
reduced by the Engineer/ City Engineer. Each mixture shall be accompanied by a truck ticket
issued at the batch plant. This ticket shall include the following information:
1) Unique ticket number.
2) Identification of the truck.
3) Date and time of batching.
4) Total weights and/or volumes of each component.
5) Total volume of mix.
6) Total quantity of water added after batching.
7) Time of discharge.
Plants and transit mix trucks shall be equipped with adequate water storage and a device for
accurately measuring and controlling the amount of water used in each batch.
Truck mixers shall be capable of combining the ingredients of the concrete into a thoroughly
mixed and uniform mass, and of discharging the concrete within the specified range of
consistency. The concrete shall be mixed not less than 70 nor more than 100 revolutions of the
drum or blades at the rate of rotation specified by the manufacturer as the mixing speed. The
pick-up and throw-over blades in the drum of all mixers shall be maintained in satisfactory
condition to assure thoroughly mixed concrete.
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City of Fayetteville
If additional mixing water is required to maintain the specified slump, approximately 20
revolutions of the mixer drum at mixing speed shall be required before discharge of any
concrete. No additional water shall be added without approval of the Engineer/ City Engineer.
601.08 Handling and Placing Concrete.
a) General. The Contractor shall provide sufficient supervision, manpower, equipment, tools,
and materials and shall assure proper production, delivery, placement, and finishing of the
concrete for each placement in accordance with the specifications.
The time interval between batches of concrete in a continuous placement shall not exceed 20
minutes. The minimum placement rate shall be 20 cubic yards per hour in bridges, box culverts,
and retaining walls.
In preparation for the placing of concrete, construction debris and extraneous matter shall be
removed from the interior of forms. Struts, stays, and braces, serving temporarily to hold the
forms in correct shape and alignment pending the placing of concrete, shall be removed when the
concrete placement has reached an elevation rendering their service unnecessary.
b) Conveying. Concrete shall be placed to avoid segregation of the materials and the
displacement of the reinforcement. The use of long troughs, chutes, and pipes for conveying the
concrete to the forms will be permitted only when authorized by the Engineer/City Engineer. In
case an inferior quality of concrete is produced by the use of such conveyors, the Contractor
shall cease the use of that conveyor until such corrections in procedure are made to insure work
of the quality specified.
Open troughs and chutes shall be of metal or metal lined. Where steep slopes are required, the
chutes shall be equipped with baffles or be in short lengths that reverse the direction of
movement. Aluminum chutes, troughs, and pipes shall not be used for depositing concrete.
Chutes, troughs, and pipes shall be kept clean and free from coatings of hardened concrete by
thoroughly flushing with water after each run. Water used for flushing shall be discharged clear
of the structure.
When placing operations involve dropping the concrete more than 5’, it shall be deposited
through approved pipes. Walls of 10” thickness or less may be placed without the use of pipes,
provided the concrete can be placed without segregation.
c) Placing. Concrete shall be placed in horizontal layers not more than 18” thick except as
hereinafter provided. When less than a complete layer is placed, it shall be terminated in a
vertical bulkhead. Each layer shall be placed and consolidated before the preceding batch has
taken initial set to prevent injury to the green concrete and avoid surfaces of separation between
the batches. Each layer shall be consolidated so as to avoid the formation of a construction joint
with a preceding layer that has not taken initial set.
Concrete in footings shall be placed in the dry unless natural conditions prohibit. In that case,
concrete shall be placed in accordance with Subsection 601.10. In order to separate water from
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the concrete, it will be permissible to utilize polyethylene sheeting or tarpaulins to maintain a
physical barrier between the water and the concrete.
When the placing of concrete is temporarily discontinued, the concrete, after becoming firm
enough to retain its form, shall be cleaned of laitance and other objectionable material to a
sufficient depth to expose sound concrete. To avoid visible joints as far as possible upon exposed
faces, the top surface of the concrete adjacent to the forms shall be smoothed with a trowel.
Where a “ feather edge” might be produced at a construction joint, an inset form shall be used to
produce an edge thickness of not less than 6 inches.
Immediately following the discontinuance of placing concrete, accumulations of mortar splashed
upon the reinforcing steel and the surfaces of forms should be removed. Dried mortar chips and
dust shall not be puddled into the concrete. If the accumulations are not removed prior to the
concrete becoming set, care shall be exercised not to damage or break the concrete-steel bond at
or near the surface of the concrete while cleaning reinforcing steel.
After initial set of the concrete, the forms shall not be jarred and no strain shall be placed on the
ends of projecting reinforcing bars.
Concrete in walls and top slabs of box culverts shall not be placed less than 24 hours after the
concrete in previous placements has set. Provision shall be made for bonding the walls to the
bottom slab or footing and the top slab to the walls by means of roughened longitudinal keys.
Before concrete is placed in the walls or top slabs, the bottom slab, footing, or walls shall be
thoroughly cleaned of extraneous material. No horizontal construction joints will be allowed in
any wall of a box culvert unless provided on the plans or approved by the Engineer/City
Engineer.
d) Consolidating. All concrete, during and immediately after depositing, shall be thoroughly
consolidated. This shall be accomplished by mechanical vibration subject to the following
provisions:
1) The vibration shall be internal unless special authorization of other methods is given by
the Engineer/City Engineer.
2) Vibrators shall be of a type and design approved by the Engineer/ City Engineer. They
shall be capable of transmitting vibration to the concrete at rated frequencies of not less
than 4500 impulses per minute.
3) The intensity of vibration shall be such as to visibly affect a mass of concrete over a
radius of at least 18 inches.
4) The Contractor shall provide a sufficient number of vibrators to properly compact each
batch immediately after it is placed in the forms and shall have in reserve at all times
sufficient vibratory equipment to guard against shut down of the work because of the
failure of the equipment in operation.
5) Vibrators shall be manipulated to thoroughly work the concrete around the reinforcement
and embedded fixtures and into the corners and angles of the forms.
6) Vibration shall be applied at the point of deposit and in the area of freshly deposited
concrete. The vibrators shall be inserted and withdrawn out of the concrete slowly. The
vibration shall be of sufficient duration and intensity to thoroughly consolidate the
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concrete, but shall not be continued so as to cause segregation. Vibration shall not be
continued at any one point to the extent that localized areas of grout are formed.
Application of vibrators shall be at points uniformly spaced and not farther apart than
twice the radius over which the vibration is visibly effective.
7) Vibration shall not be applied directly or through the reinforcement to sections or layers
of concrete that have hardened to the degree that the concrete ceases to be plastic under
vibration. It shall not be used to make concrete flow in the forms over distances so great
as to cause segregation, and vibrators shall not be used to transport concrete in the forms.
8) Vibration shall be supplemented by such spading as is necessary to ensure smooth
surfaces and dense concrete along form surfaces and in corners and locations impossible
to reach with the vibrators.
These provisions shall apply to precast products except that, if approved by the Engineer/ City
Engineer, the manufacturer’ s methods of vibration may be used.
601.09 Pumping. Concrete may be placed by pumping. The equipment for pumping shall be
arranged and operated so that no vibrations result that might damage freshly placed concrete.
The Contractor will be permitted to furnish coarse aggregate for concrete that is to be pumped in
a size smaller than that specified provided that a suitable mix can be produced that will conform
to the requirements for the class specified.
Where concrete is conveyed and placed by mechanically applied pressure, the equipment shall be
adequate in capacity for the work. The operation of the pump shall be such that a continuous
stream of concrete without air pockets is produced. When pumping is completed, the concrete
remaining in the pipe, if it is to be used, shall be ejected in such a manner that there will be no
contamination of the concrete or separation of the ingredients.
Concrete for slump and air content requirements shall be obtained at the discharge end of the
pipe.
The use of aluminum pipe as a conveyance for the concrete will not be permitted.
601.10 Depositing Concrete Under Water. Concrete shall not be deposited in water except
when shown on the plans or with the approval of the Engineer/City Engineer. No concrete shall
be placed underwater without an approved mix design which meets the ARDOT requirements
for Seal Concrete.
The supply of concrete shall be maintained at the rate necessary to raise the elevation over the
entire seal by a minimum of 1’ per hour or an approved retarder shall be used as necessary for
lesser placement rates.
For parts of structures under water, seal concrete shall be placed continuously from start to
finish. The surface of the concrete shall be kept as nearly horizontal as practicable. The
Contractor shall provide equipment and personnel to sound the top of the seal in the presence of
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the Inspector in order to verify the location of the seal at all times. Previously placed seal
concrete shall not have taken its initial set prior to the placement of adjacent concrete.
Concrete shall be carefully placed by means of a tremie or other approved method. Still water
shall be maintained at the point of deposit. Concrete shall be deposited in such a manner that the
planned horizontal concrete flow shall be no more than 15 feet.
A tremie shall consist of a tube having a diameter of not less than 10”, constructed in sections
having flanged couplings fitted with gaskets and an approved foot valve. The tremie shall be
supported so as to permit rapid lowering when necessary to retard or stop the flow of concrete.
The discharge end shall be closed at the start of the work so as to prevent water from entering the
tube and shall be entirely sealed. The tremie tube shall be kept sufficiently full to prevent the loss
of the concrete seal. When a batch is dumped into the tube, the flow of concrete shall be induced
by slightly raising the discharged end, always keeping it in the deposited concrete. If at any time
the seal is lost, the tremie shall be raised, the discharge end closed for a new start, and then
lowered into position with the discharge end in the previously deposited concrete. Aluminum
tremies will not be permitted.
Dewatering may proceed when the seal concrete has been allowed to cure for a minimum of 72
hours at a water temperature above 45° F. All laitance or other unsatisfactory materials shall be
removed from the exposed surfaces that are to support other structural loads.
601.11 Joints.
a) Construction joints. Construction joints shall be made only where located on plans or shown
in the placement schedule, unless otherwise approved by the Engineer/ City Engineer.
The placing of concrete shall be carried continuously from joint to joint. The face edges of all
joints that are exposed to view shall be carefully finished true to line and elevation.
The surface of the hardened concrete shall be roughened in a manner that will not leave loosened
particles of aggregates or damaged concrete at the surface. It shall be thoroughly cleaned of
foreign matter and laitance and saturated with water.
If not detailed on the plans, or in the case of emergency, construction joints shall be placed as
directed by the Engineer/ City Engineer. Shear keys or inclined reinforcement shall be used
where necessary to transmit shear or bond the two sections together. When shear keys or inclined
reinforcement is not provided, the concrete shall be roughened as directed.
b) Expansion and Fixed Joints. Joints shall be constructed according to the details shown on
the plans.
1) Open Joints. Open joints shall be placed in the locations shown on the plans and shall be
constructed by the insertion and subsequent removal of a wood strip, metal plate, or other
approved material. The insertion and removal of the template shall be accomplished
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without chipping or breaking the corners of the concrete. Reinforcement shall not extend
across an open joint unless specified on the plans.
2) Filled Joints. Poured expansion joints shall be constructed similar to open joints. When
premolded types are specified, the filler shall be in the correct position when the concrete
on the second side of the joint is placed. An approved joint sealer meeting the
requirements of Subsection 601.11(d) is required in addition to the joint filler. The cavity
for the sealer shall be formed by the insertion and subsequent removal of a wood strip,
metal plate, or other approved material.
All faces of the joint to be sealed shall be thoroughly cleaned by sand blasting, water blasting, or
other approved methods prior to placing the joint seal material.
Preformed expansion joint filler, non-extruding and resilient types, shall meet the requirements
of AASHTO M 153. Type 2 (sponge rubber) shall be required to have a minimum expansion of
125% and be within 0.1” of the specified plan thickness.
Other types of joint fillers may be allowed if approved by the Engineer/City Engineer.
c) Contraction Joints. Contraction joints shall be constructed according to the dimensions
specified in the plans and these specifications. The joints shall continue continuously across the
full width of the concrete surface. Contraction joints shall be 1/8” to 3/8” wide and shall extend
to a depth equal to ¼ to 1/3 of the thickness of the concrete being placed. All contraction joints
shall be sealed with an approved sealant meeting the requirements of Subsection 601.11(d) for
types 3, 4 or 5.
d) Joint Materials. Materials for filling and sealing joints shall be as shown on the plans and
shall comply with the following requirements, as applicable:
Type 1. A joint filler that is a uniform mixture of sawdust and asphalt material in the proportion
of one part asphalt to four parts sawdust, by volume. Asphalt material used shall be either MC -
250 or SS-1. When this material is specified, the joint shall be filled to within 25 mm (1”) of the
pavement surface. The top 1” shall be sealed with a material complying with the requirements of
AASHTO M 173.
Type 2. A joint filler that is preformed, non-extruding, and resilient type, complying with
AASHTO M 153 Type I (sponge rubber).
The material for filling and sealing longitudinal, warping, contraction, and other specified joints
shall be as shown on the plans and shall comply with the following requirements:
1) Backer rod filler for Types 3, 4, and 5 joint shall be of resilient material approximately 3
mm ( 1/8”) larger in diameter than the width of the joint to be sealed. All components of
the joint sealant system, including the backer rod, shall be compatible. No bond shall
occur between the backup material and the sealant system for types 3 and 4 joint sealer.
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Type 3. A joint sealer that is a one part silicone formulation that does not require a primer for
bond to concrete. The compound shall be compatible with concrete. Acetic acid cure sealants are
not acceptable. The material shall be one that has been approved by the Engineer.
Type 4. A joint sealer that is a one part silicone formulation that does require a primer for bond
to concrete. The compound shall be compatible with concrete. Acetic acid cure sealants are not
acceptable. The material shall be one that has been approved by the Engineer.
Type 5. A joint sealer that is a hot poured elastomeric joint sealant. The material shall comply
with AASHTO M 282. The appendix of that specification shall be considered a part of this
specification.
Type 6. A joint sealer that is a 2 component, cold poured, synthetic polymer, complying with
ASTM D 1850 with the exception of penetration, which shall not exceed 100, and resilience,
both original cured sample and oven aged, which shall be a minimum of 70%.
Type 7. A joint sealer that is a hot poured elastic type complying with AASHTO M 173.
601.12 Forms. Forms shall be mortar-tight and of sufficient rigidity to prevent distortion due to
the pressure of the concrete and other loads incident to the construction operations. Forms shall
be constructed and maintained so as to prevent warping and the opening of joints due to
shrinkage of the lumber.
The forms shall be substantial and unyielding and shall be so designed that the finished concrete
will conform to the proper dimensions and contours. The design of the forms shall take into
account the effect of vibration of concrete as it is placed.
Forms for exposed surfaces shall be made of dressed lumber or plywood of uniform thickness,
steel, or other approved materials that will provide a smooth surface, and shall be mortar-tight.
Forms shall have a ¾” chamfer at all sharp corners unless otherwise directed. In the case of
projections, such as girders and copings, forms shall be given a bevel or draft to insure easy
removal.
Metal snap-ties within the forms shall be so constructed as to permit their removal to a depth of
at least 1” from the face of the concrete. Metal inserts or anchorages within the forms shall be so
constructed as to permit their removal to a depth of at least 1” from the face of the concrete or be
covered by being embedded a minimum of 1” in the concrete. In case ordinary wire ties are
permitted, all wires, upon removal of the forms, shall be cut back at least ¼” from the face of the
concrete. All cavities shall be filled with cement mortar and the surface left sound, smooth, even,
and uniform in color.
Forms shall be set and maintained true to the line designated until the concrete is sufficiently
hardened. Before depositing new concrete on or against concrete that has hardened, the forms
shall be re-tightened. Forms shall remain in place for the periods specified in Subsection 601.13.
When forms appear to be unsatisfactory in any way, either before or during the placing of
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concrete, the Engineer/ City Engineer shall order the work stopped until the defects have been
corrected.
The shape, strength, rigidity, watertightness, and surface smoothness of re-used forms shall be
maintained at all times. Any warped or bulged lumber must be re-sized before being re-used.
Forms shall be cleaned before being set to line and grade and shall be oiled prior to placing
reinforcing steel in the vicinity of the forms. Materials or methods used in oiling the forms shall
not result in the discoloration of the concrete.
601.13 Removal of Forms. In the determination of the time for the removal of forms and the
discontinuance of heating, consideration shall be given to the location and character of the
structure, the weather and other conditions influencing the setting of the concrete, and the
materials used in the mix.
Removal of forms shall be in accordance with the following schedule:
Item Minimum Time Strength Requirement
Top Slabs of RC Box Culverts 7 days 80% Specified
Forms for Columns and 24 hours N /A
Vertical Walls
Side Forms for Parapets, Median 6 hours N/A
Barriers, and Curb Faces
Forms on surfaces that will require a Class 2 finish in accordance with Subsection 601.16 shall
be removed at the earliest time permitted under these Specifications in order to begin finishing
operations.
Forms and their supports shall not be removed without the approval of the Engineer/City
Engineer. Supports shall be removed in such a manner as to permit the concrete to uniformly and
gradually take the stresses due to its own weight. Methods of form removal likely to cause
overstressing of or damage to the concrete shall not be used.
601.14 Weather and Temperature Limitations.
a) Hot Weather. When the internal temperature of the plastic concrete reaches 85 F, the
Contractor shall take the necessary precautions to ensure that the temperature of succeeding
batches does not exceed 90 F. Concrete batches with temperatures in excess of 90 F will be
rejected. The method used to control the concrete temperature shall be approved in writing by the
Engineer. The temperature of the plastic concrete shall be determined immediately prior to its
being deposited in the forms by inserting a thermometer to a depth consistent with the
capabilities of the thermometer being used to obtain a true reading. Prior to beginning placement,
the Contractor shall insure that sufficient materials, labor, and equipment are available during
placement to implement the previously approved cooling process.
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b) Cold Weather. Concreting operations will not be permitted when a descending air
temperature falls below 40 F nor resumed until an ascending air temperature reaches 35 F
without specific authority from the Engineer/City Engineer. Under no circumstances will the
placing of concrete on a frozen subgrade be permitted. No concrete shall be placed unless the
temperature of the concrete is more than 50 F when placed. If heating of the ingredients is
necessary to meet this criterion, it shall be accomplished by a method such as dry heat or steam
and not by direct flame. Water shall not be heated to more than 180° F, and shall be combined
with the aggregate before the addition of cement. Frozen aggregates may not be used.
After concrete is placed, it shall be protected by insulated forms, blankets, enclosing and heating,
and/or any other method approved by the Engineer/ City Engineer that will maintain the
temperature adjacent to the concrete at a minimum of 50 F for at least 5 days. Concrete that has
been frozen or damaged due to weather conditions shall be removed and replaced by the
Contractor at no cost to the City.
c) Protection Against Rain. In order that concrete may be properly protected against the effects
of rain before the concrete is sufficiently hardened, the Contractor shall have available at all
times materials for the protection of the edges and surface of the unhardened concrete. Such
protective materials shall consist of standard metal forms or wood planks having a nominal
thickness of not less than 2” and a nominal width of not less than the thickness of the pavement
at its edge for the protection of the pavement edges, and covering material such as burlap or
cotton mats, or plastic sheeting material for the protection of the surface of the pavement. When
rain appears imminent, all paving operations shall stop and all available personnel shall begin
protection of the sides of the pavement and covering the surface of the unhardened concrete with
the protective covering. Any surface finish damaged by rain shall be repaired or replaced to the
satisfaction of the City at no cost to the City.
601.15 Curing Concrete.
a) Materials. Materials used in curing concrete shall conform to one of the following types:
Burlap-polyethylene sheeting shall meet the requirements of AASHTO M 171.
Polyethylene sheeting shall meet the requirements of AASHTO M 171.
Copolymer/ synthetic blanket shall meet the requirements of AASHTO M 171.
Copolymer/synthetic blankets shall be a composite of a copolymer membrane material coated
over a layer of absorbent nonwoven synthetic fabric weighing at least 6 ounces per square yard,
uniform in appearance, and free from visible defects.
Other approved sheeting materials shall meet the requirements of AASHTO M 171.
Membrane curing compound shall meet the requirements of AASHTO M 148, Type 1-D or Type
2.
b) Application. The exposed concrete, immediately after finishing, shall be covered with one of
the curing materials listed above and shall be kept continuously and thoroughly wet for a period
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of not less than 5 days after the concrete is placed. Membrane curing does not require the
application of additional moisture.
Membrane curing compound shall not be used on surfaces requiring a Class 2 finish.
When membrane curing is used, the exposed concrete shall be thoroughly sealed by applying the
membrane curing solution immediately after the free water has left the surface. The concrete
inside the forms shall be sealed immediately after the forms are removed and necessary finishing
has been done. For uniform application in the field on vertical concrete surfaces, the specified
rate of application may be achieved by two coats applied at an interval of approximately 1 hour.
The Contractor shall provide satisfactory equipment and means to properly control and assure
the direct application of the curing solution on the concrete surface so as to result in a uniform
coverage at the rate of 1 gallon for each 125 square feet of area.
If rain falls on the newly coated concrete before the film has dried sufficiently to resist damage,
or if the film is damaged in any other manner, a new coat of the solution shall be applied to the
affected portions equal in curing value to that specified above.
601.16 Finishing Concrete Surfaces. Surface finishes shall be classified as follows:
Class 1. Ordinary Surface finish.
Class 2. Rubbed finish.
Class 3. Sprayed finish.
Class 4. Exposed Aggregate finish.
Class 5. Tined Surface finish.
Class 6. Broomed finish.
Class 7. Grooved finish.
All concrete shall be given a Class 1, Ordinary Surface Finish. In addition, if further finishing is
required, such other types of finish will be as specified herein.
Payment for finishes will be considered a part of the applicable item of concrete used.
The following surfaces shall be given a Class 2 finish except when a Class 3 finish is specified in
the plans:
1) Exposed surfaces of retaining walls and box culvert wingwalls, surfaces of concrete rails,
rail posts, rail end posts, rail bases, and parapets, including the outside face.
2) At the option of the Contractor, a Class 3 finish may be used on all surfaces requiring a
Class 2 finish provided the same class of finish is used on the entire job.
3) Sidewalks, curbs, exposed horizontal surfaces of inlets and junction boxes, and exposed
horizontal faces of miscellaneous concrete items shall be given a Class 6 finish.
4) Concrete pavement surfaces shall be given a Class 5 finish.
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The various classes of surface finish are defined as follows:
1) Class 1, Ordinary Surface Finish. Immediately following the removal of forms, fins and
irregular projections shall be removed from all surfaces except from those that are not to be
exposed or are not to be waterproofed. On all surfaces, the cavities produced by form ties and all
other holes, broken corners or edges, and other defects shall be thoroughly cleaned, and after
having been thoroughly saturated with water, shall be carefully pointed and trued with a mortar
of cement and fine aggregate mixed in the proportion of 1:2. Mortar used in pointing shall be not
more than 1 hour old. The concrete shall then be rubbed or sprayed, if required, and cured as
specified under Subsection 601.15. Construction and expansion joints in the completed work
shall be left carefully tooled and free of mortar and concrete. The joint filler shall be left exposed
for its full length with clean and true edges.
The resulting surfaces shall be true and uniform. Repaired surfaces, the appearance of which is
not satisfactory to the City, shall be rubbed as specified under Class 2 finish.
Exposed surfaces not protected by forms shall be struck off with a straightedge and finished with
a wood float to a true and even surface. The use of additional mortar to provide a plastered or
grout finish will not be permitted.
The tops of caps in the area of the bridge seat shall be finished with a steel trowel or by grinding
to a smooth finish and true slope at the proper elevation.
2) Class 2, Rubbed Finish. After removal of forms, the rubbing of concrete shall be started as
soon as its condition will permit. Immediately before starting this work the concrete shall be
thoroughly saturated with water. Sufficient time shall have elapsed before the wetting down to
allow the mortar used in the pointing of rod holes and defects to thoroughly set. Surfaces to be
finished shall be rubbed with a medium coarse carborundum stone, using a small amount of
mortar on its face. The mortar shall be composed of cement and fine sand mixed in proportions
used in the concrete being finished. Rubbing shall be continued until form marks, projections,
and irregularities have been removed, voids filled, and a uniform surface has been obtained. The
paste produced by this rubbing shall be left in place at this time.
After concrete above the surface being treated has been cast, the final finish shall be obtained by
rubbing with a fine carborundum stone and water. This rubbing shall be continued until the entire
surface is of a smooth texture and uniform color.
After the final rubbing is complete and the surface has dried, it shall be rubbed with burlap to
remove loose powder and shall be left free from all unsound patches, paste, powder, and
objectionable marks.
3) Class 3, Sprayed Finish. The material furnished for sprayed finish shall be a commercial
paint type texturing product produced specifically for this purpose, and shall consist of a
synthetic non-alkyd resin containing mica, perlite, non-biodegradable fibers, and durable tinting
pigments. The material shall be approved by the City. Unless otherwise specified in the Contract,
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the color of the sprayed finish shall be concrete gray, equal or close to Shade 36622 of the
Federal Color Standard 595 A.
Surfaces to be coated shall be free from efflorescence, flaking, coatings, dirt, oil, and other
foreign substances. The sprayed finish shall not be applied over surfaces cured with membrane
curing compound until 30 days has elapsed from application of the membrane. Prior to
application of spray finish, the surfaces shall be free of moisture, as determined by sight and
touch, and in a condition consistent with the manufacturer’ s published recommendations.
The spray finish shall be applied at a rate as recommended by the manufacturer and as approved
by the Engineer/ City Engineer. The spray finish shall be applied with heavy duty spray
equipment capable of maintaining a constant pressure as necessary for proper application.
The completed finish shall be tightly bonded to the structure and shall present a uniform
appearance and texture equal to or better than that required for rubbed finish. If necessary, an
additional coat or coats shall be applied to produce the desired surface texture and uniformity.
Upon failure to adhere positively to the structure without chipping or cracking, or to attain the
desired surface appearance, the coating shall be removed from the structure and the surface given
a rubbed finish, or another approved finish satisfactory to the City.
4) Class 4, Exposed Aggregate Finish. This type of finish shall be produced by scrubbing the
surface of green concrete with stiff wire or fiber brushes, using a solution of muriatic acid in the
proportion of 1 part acid to 4 parts water, or by sand blasting, until the cement film or surface is
completely removed and the aggregate particles are exposed. The amount of aggregate exposure
will be specified on the plans or designated by the Engineer/ City Engineer. Any surface treated
with muriatic acid shall be thoroughly washed with water to which a small amount of ammonia
has been added to remove all traces of the acid. The resulting surface shall be an even pebbled
texture.
5) Class 5, Tined Roadway Surface Finish. The concrete roadway surface shall be given a
finish with a burlap drag, followed by tining.
The surface shall be finished by dragging a seamless strip of damp burlap over the full width of
the roadway surface. The burlap drag shall consist of sufficient layers of burlap and have
sufficient length in contact with the concrete to slightly groove the surface, and shall be moved
forward with a minimum bow of the lead edge. The drag shall be kept damp, clean, and free of
particles of hardened concrete.
The final finish shall be accomplished by using the drag finish as described above with the
further application of a metal tine finishing device. The tine shall be approximately 0.032” by
0.125” of steel flat wire, 2” to 5” in length, and spaced on ½” to ¾” centers. The grooves
produced in the concrete shall be substantially from 1/8” to 3/16” in depth. The grooves shall be
transverse to the centerline of the surface. The metal tine device shall be operated by approved
mechanical or manual means. Other texturing equipment may be approved by the Engineer/City
Engineer provided it produces a texture equivalent to that produced by the metal tine.
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The tining shall be terminated with a transition in depth 18” from the gutter line. The outer 18”
of the tined surface shall receive a Class 6, broomed finish.
6) Class 6, Broomed Finish. After the concrete has been deposited in place, it shall be
consolidated and the surface shall be struck off by means of a strike board, floated, and broomed.
An edging tool shall be used on edges and expansion joints. The surface shall not vary more than
under a 10’ straightedge. The surface shall have a granular or matte texture.
7) Class 7, Grooved Finish. The roadway surface shall be grooved perpendicular to the
centerline with grooves extending across the slab to within 18” of the gutter line. The grooves
shall be cut using a mechanical sawing device that will leave grooves 1/8” to 3/16” in depth and
spaced on ½” to ¾” centers.
Section 602. Reinforcing Steel
602.01 Description. This item shall consist of reinforcing steel and miscellaneous accessories
of the quality, type, size, and quantity designated, which shall be furnished and placed in
concrete according to these specifications and in conformity with the details shown on the plans,
or as directed.
602.02 Materials.
a) Bar Reinforcement. Bar reinforcement for concrete in sizes up to and including # 18 shall
conform to the requirements of AASHTO M 31 or M 53.
b) Wire and Wire Fabric. Wire, when used as reinforcement in concrete, shall conform to the
requirements of AASHTO M 32 or M 225.
c) Bar Mat Reinforcement. Bar mat reinforcement for concrete shall conform to the
requirements of AASHTO M 54.
d) Epoxy Coating. When specified, reinforcing steel bars shall be coated according to
AASHTO M 284 using a coating material that meets the requirements of Annex A1 of AASHTO
M 284.
The Contractor shall supply to the Engineer a written certification that properly identifies the
number of each batch of coating material used in the order; the material, quantity represented,
date of manufacture, and name and address of the manufacturer; and a statement that the
supplied coating material meets the requirements of Annex A1 of AASHTO M 284.
Patching material, compatible with coating material, inert in concrete, and meeting the
requirements of Annex A1 of AASHTO M 284, shall be provided by the epoxy coating
manufacturer.
602.03 Bar Lists and Bending Diagrams. All reinforcing steel shall be fabricated to
conform to the details shown on the plans. Pins used for bending reinforcing steel shall be equal
to or larger than that shown on the plans. Bar lists and bending diagrams for reinforcing steel and
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bar supports will not be reviewed or approved by the Engineer. The Contractor shall be
responsible for the accuracy of the fabricated reinforcing steel.
602.04 Fabrication. Bar reinforcement shall be bent to the shapes shown on the plans.
Bars shall be bent cold, unless otherwise permitted by the Engineer. No bars partially embedded
in concrete shall be field bent, except as shown on the plans or specifically permitted by the
Engineer.
Radii for bends shall be as shown on the plans. When not shown on the plans, radii bends on the
inside of bars shall be as specified below:
Bar Number Minimum Radii
Stirrups and Ties 4 bar diameters
3,4,5,6,7, or 8 6 bar diameters
9,10, or 11 8 bar diameters
14 or 18 10 bar diameters
The Engineer/City Engineer or his representative shall have free access to the shop for
inspection, and every facility shall be extended to him for this purpose. On a random basis,
samples of bars, other than the additional test bars, may be taken by the Engineer.
Epoxy coating applicators shall be CRSI certified. The Contractor shall inform the Engineer, in
writing, at least 10 days prior to performing any of the cleaning or coating operations. The
Contractor shall furnish to the Engineer the coating applicator’s certification certifying that all
materials used, the preparation of the bars, coating, and curing were done according to these
specifications and that no bars contain more than six holidays per yard. The certification shall
include or have attached specific results of tests of coating thickness and flexibility of coating.
602.05 Shipping, Handling, and Protection of Material. Bar reinforcement shall be
shipped in standard bundles, tagged and marked according to the Code of Standard Practice of
the Concrete Reinforcement Steel Institute.
Steel reinforcement shall be protected from damage. When placed in the work, it shall be free
from dirt, detrimental rust or scale, paint, oil, or other foreign substance. Steel reinforcement
shall be stored above the ground on skids, platforms, or other supports. Epoxy coated reinforcing
steel that is not incorporated into the work within 90 calendar days after delivery to the project
shall be protected from exposure to the sun.
Epoxy coating damaged during fabrication, shipping, or installation shall be repaired according
to AASHTO M 284. Damaged areas less than 0.10 square inch need not be repaired but all areas
larger than 0.10 square inch shall be repaired. The maximum amount of damage shall not exceed
2% of the surface area of each bar. All damaged areas shall be repaired according to the
manufacturer’ s instructions. Repairs will be required on all sheared or cut ends of bars, end areas
left bare during the coating process, and any areas where the entire coating is removed. All
ST-140
Standard Street and Drainage Specifications
repairs shall be completed as soon as practicable and, in the case of bare end areas and sheared
ends, before visible oxidation of the surface occurs. Epoxy coated bars shall not be flame cut.
The Contractor shall exercise caution when placing and vibrating concrete to prevent any
damage to epoxy coated bars. In order to prevent the vibrator from damaging the coated bars, the
head shall be covered with a sheet of rubber or a similar material as approved by the
Engineer/ City Engineer.
602.06 Placing and Fastening. Steel reinforcement shall be accurately placed in the
positions shown on the plans and firmly held during the placing and setting of concrete. Bars
shall be tied at all intersections except where spacing is less than 12” in each direction, in which
case alternate intersections shall be tied. Bundled bars shall be tied together at not more than 6’
centers.
Bar positions or clearances from the forms shall be maintained by means of stays, ties, hangers,
or other approved devices. Reinforcing steel shall not be welded unless detailed on the plans or
authorized in writing by the Engineer. Metal bar supports that are in contact with the exterior
surface of the concrete shall have protection conforming with the CRSI Specifications, Class 1
for Plastic Protected Bar Supports or Class 2 for Stainless Steel Bar Supports, with the further
provision that the plastic protection may be applied either by a dipping operation or by the
addition of premolded plastic tips to the legs of the supports. Epoxy Coated Bar Supports that are
coated according to the provisions of AASHTO M 284 using a coating material meeting the
requirements of Annex A1 of AASHTO M 284 may be substituted for Plastic Protected Bar
Supports or Stainless Steel Bar Supports. All high chairs and bar bolsters shall be metal. Any bar
supports that deform under foot traffic or other construction activities shall not be used.
When concrete is to rest on an excavated surface, layers of bars shall be supported above the
surface by metal chairs or by precast mortar or concrete blocks. The use of rocks, pieces of stone
or brick, pipe, wooden blocks, or chunks of concrete will not be permitted as bar supports or
spacers.
Reinforcement shall be placed by the Contractor and inspected and approved by the
Engineer/ City Engineer before the placing of concrete begins. Concrete placed in violation of
this provision may be rejected and removal required. Unless otherwise shown on the plans, the
spacing of supports shall conform to the recommendations of CRSI.
Epoxy coated bars shall be placed on plastic coated or epoxy coated metal supports and shall be
held in place by use of plastic coated tie wires or molded plastic clips especially fabricated for
this purpose. Bar supports for epoxy coated bars shall be fully coated metal supports. Epoxy
coated bar supports shall be coated according to the provisions of AASHTO M 284 using a
coating material meeting the requirements of Annex A1. In placing epoxy coated bars, care shall
be maintained to prevent coated bars from being damaged.
After the coated bars are secured to bar supports, a final visual inspection shall be made and all
uncoated or damaged areas coated or repaired as required by the Engineer/ City Engineer.
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City of Fayetteville
602.07 Splicing. Reinforcing steel shall be furnished in the full lengths specified on the plans.
Bars spliced as a result of unforeseen construction conditions or sequences will require the
written approval of the Engineer. Splices shall meet the requirements of the current edition of the
AASHTO Standard Specifications for Highway Bridges.
Secondary reinforcing used for distribution of loads, such as longitudinal bars in box culverts
and retaining walls may be lapped 32 bar diameters minimum if bars are # 6 or smaller. Primary
reinforcing for columns and retaining walls which require splicing as a result of the lowering of
footings shall be spliced at the upper end of the original bars. Required lengths of splices for
primary reinforcing will be determined by the Engineer.
In lapped splices, the bars shall be placed in contact and fastened together in such a manner as to
maintain the minimum distance to the surface of the concrete as shown on the plans.
Sheets of wire fabric or bar mat reinforcement shall overlap each other sufficiently to maintain a
uniform strength and shall be securely fastened at the ends and edges. The lap shall be not less
than one space of wire fabric or bar.
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STANDARD SPECIFICATIONS
FOR DESIGN AND CONSTRUCTION
OF WATER LINES AND SEWER LINES
2022 EDITION
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STANDARD SPECIFICATIONS
FOR DESIGN AND CONSTRUCTION
OF WATER LINES AND SEWER LINES
2022 EDITION
TABLE OF CONTENTS
Title Pages
Table of Contents
0001 Certification and Statement
1000 General Requirements
2001 General Design Standards –
2002 General Design Standards –
2003 Trench Safety/ Protective Systems
2004 Confined Spaces
2005 Public Employees Right to Know Act
2006 Asbestos Pipe
2100 Erosion and Sediment Control
2200 Site Preparation
2300 Excavation, Backfilling, and Compacting
2400 General Installation Information and Procedure
3000 Sewer Pipe, Fittings, and Materials
3100 Installation of Sewer Pipe, Fittings, and Materials
3200 Installation of Sewer Service Lines
3300 Manholes
3400 Bores and Steel Encasement Pipe
3500 Sewer Pump Stations
3600 Cast-In-Place Concrete
4000 Water Pipe, Fittings, and Materials
4100 Installation of Water Pipe, Fittings, and Materials
4200 Water Line Pressure Reduction Procedures
5000 Sewer Line Cleaning
5100 Sewer Line Television Inspection
5200 Inspection and Testing of Sewer Lines, Manholes,
1-4
1-14
1-10
1-12
1-2
1-2
1-2
1-2
1-4
1-4
1-8
1-6
1-12
1-8
1-4
1-12
1-6
1-14
1-6
1-16
1-12
1-4
1-4
1-4
and Service Lines 1-8
Water
Sewer
STANDARD SPECIFICATIONS
FOR DESIGN AND CONSTRUCTION
OF WATER LINES AND SEWER LINES
2022 EDITION
5300
6000
6100
6200
Inspection and Testing of Water Lines and Service Lines
Pavement Repair
Lawn and Grass Restoration
Reporting Forms
1-6
1-2
1-8
Appendix A City of Fayetteville Policy OP-01, Sewer Service Line and
Connection Policy 1-10
Appendix B City of Fayetteville Policy OP-02, Water Service Line and
Connection Policy 1-6
END OF TABLE OF CONTENTS
SECTION 0001 CERTIFICATION AND STATEMENT
1.01 INTENT
A. The intent of this publication is to simplify and expedite the process of water and sewer design and
construction within the jurisdiction of the City of Fayetteville.
1.02 REQUIREMENTS
All rules, regulations and requirements of the Arkansas Department of Health (ADH Rules Pertaining
to Public Water Systems) are the minimum standard of all plan requirements and construction and
development practices to be approved by the City of Fayetteville. In such case as the Standard
Specifications herein set forth exceeds the Arkansas Department of Health requirements, then this
Standard Specification as approved by the City Council Fayetteville, Arkansas governs.
The Utilities Director and/or the City Engineer are responsible to the extent possible as a function of
their supervisory position within the City to require compliance with the Arkansas State Board of
Health, Department of Health Center for Local Public Health Environmental Health Branch,
Engineering Section, Rules and Regulations Pertaining to Public Water Systems, latest edition, aka
Rules and Regulations Pertaining to Public Water Systems”.
All rules, regulations and requirements of the Arkansas Board of Licensure For Professional Engineers
and Professional Surveyors shall be the minimum standard for professional surveying and for
professional engineering.
Standard construction details prepared by the City of Fayetteville Engineering Division are available
from the City Engineer. In the case of a conflict between the Standard construction details prepared
by the City of Fayetteville Engineering Division and the text of these Standard Specifications, then
the text of these Standard Specifications govern unless an exception or variance is otherwise granted.
Nothing within this Standard Specification is intended to, or can, replace any latest edition minimum
requirement by City Ordinance or Arkansas State Rules, Law or Regulations or any Federal Law or
Regulation.
The Engineer of Record is responsible for their design and compliance with City of Fayetteville
Specifications, ADH Rules Pertaining to Public Water Systems and State of Arkansas Rules,
Regulations and Laws and any Federal Law, Rule or Regulation.
These Specifications do not replace the Engineer of Record’ s specifications and contract documents,
however these specifications set forth the minimum requirements for design and construction of all
water and sanitary sewer within the jurisdiction of the City of Fayetteville.
These Specifications shall not be copied, reproduced or physically included within any private or
public project documents without the prior written consent of the City of Fayetteville.
0001_ Certification 1
The City of Fayetteville, and the City of Fayetteville Utilities Engineer, accept no liability arising from
any use or reuse of these specifications.
1.03 CITY STANDARDS
The basis for the STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION OF
WATER LINES AND SEWER LINES, 2022 Edition is as follows:
A. Previous editions of City of Fayetteville water and/ or sewer standards.
The following previous editions of Water and Sanitary Sewer minimum standards were found
in the files and utilized in the current edition.
1. City of Fayetteville 1994 Minimum Requirements for Water, Sewer, Streets, Drainage
and Inspection by Donald Bunn, P.E., City Engineer.
2. City of Fayetteville Water and Sewer standards 1995 by Donald Bunn, P.E., City
Engineer.
3. City of Fayetteville 1996 Standard Water Line Specifications 1996 Donald Bunn, P.E.,
City Engineer, as further approved by the City’ s Water and Sewer Committee and the
City Council by Resolution 46-96 on April 2, 1996.
4. STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION OF
WATER LINES AND SEWER LINES, 2017 Edition
B. Other published City Standard Specifications utilized in our region, with specific
acknowledgement to the City of Bentonville.
C. Meetings and review with City of Fayetteville Engineering Division staff, the Utilities
Director, the Utitlies Operation Manager, and the Utilities Field Supervisors.
D. Public review available at the City of Fayetteville website, at the City of Fayetteville Water
and Sewer Committee meetings, and at the City of Fayetteville City Council meeting.
E. Review and Approval by the Arkansas Department of Health.
END OF SECTION 0001
0001_ Certification 2
SECTION 1000 GENERAL REQUIREMENTS
1.01 GENERAL
A. The intent of this publication is to simplify and expedite the process of water and sewer
design and construction with the jurisdiction of the City of Fayetteville.
All rules, regulations and requirements of the Arkansas Department of Health (ADH Rules
Pertaining to Public Water Systems) are the minimum standard of all plan requirements
and construction and development practices to be approved by the City of Fayetteville. In
such case as the Standard Specifications herein set forth exceeds the Arkansas Department
of Health requirements, then this Standard Specification as approved by the City Council
Fayetteville, Arkansas shall govern.
Additionally, this Standard Specification includes the requirement that the minimum
standards of design and construction specified herein, that directly affects health and safety,
must further comply with the recommendations of both ( 1) the 10 States Standards
GLUMRB) and (2) the American Water Works Association ( AWWA). Any conflict that
directly affects health and safety between these Standard Specifications and the
recommendations from the 10 States Standards, or the recommendations from AWWA,
must be resolved to provide the greatest protection of health and safety.
Incorporation by reference: The Arkansas State Board of Health, Department of Health
Center for Local Public Health Environmental Health Branch, Engineering Section, Rules
and Regulations Pertaining to Public Water Systems, lasted edition, aka “ Rules and
Regulations Pertaining to Public Water Systems”; and the National Primary Drinking water
Regulations found in 40 CFR Parts 141, 142 and 143 are incorporated by reference into
this Standard Specification.
All rules, regulations and requirements of the Arkansas Board of Licensure For
Professional Engineers and Professional Surveyors shall be the minimum standard for
professional surveying and for professional engineering.
Special conditions may arise on projects that are not covered in these Specifications. Such
special conditions must be submitted to the City Engineer or Utilities Division for review
and approval.
Standard construction details prepared by the City of Fayetteville Engineering Division are
available from the City Engineer. In the case of a conflict between the Standard
construction details prepared by the City of Fayetteville Engineering Division and the text
of these Standard Specifications, then the text of these Standard Specifications govern
unless an exception or variance is granted.
B. This Standard Specification applies to all water and sewer design and construction within
the jurisdiction of the City of Fayetteville and as follows:
1000_ General_ Requirements 1
This publication specifically applies, but is not limited to “ Subdivision”, “ Large Scale
Development” and other development as defined by City ordinances.
This publication provides the minimum standards to be utilized by the Engineer of Record
in producing project specific specifications for a Capital Project ( a.k.a. Capital
Improvement Program/ Project or CIP). The Engineer of Record for a Capital Project may
use or adapt these Standard Specifications by express permission only. The Engineer of
Record for a Capital Project shall prepare and provide project specific technical
specifications.
Maintenance performed by City forces “ in-house” shall utilize these specifications under
the direction of the Utilities Director.
The Utilities Director and/or the City Engineer are responsible to the extent possible as a
function of their supervisory position within the City to require compliance with the
Arkansas State Board of Health, Department of Health Center for Local Public Health
Environmental Health Branch, Engineering Section, Rules and Regulations Pertaining to
Public Water Systems, lasted edition, aka “ Rules and Regulations Pertaining to Public
Water Systems”.
Nothing within this Specifications is intended to, or can, replace any minimum requirement
by City Ordinance or State Law.
This standard specification is not intended to cover all operation, maintenance, purchasing,
warehousing, and emergency scenarios that arise in the City’ s operation of a public water
distribution system and public sewer collection system, but rather intended to apply to new
construction within the City’ s service boundary.
C. The Engineer of Record is responsible for their design and compliance with latest edition
City of Fayetteville Ordinances and Specifications, ADH Rules Pertaining to Public Water
Systems and State of Arkansas Rules, Regulations and Laws, or any Federal Law, Rule or
Regulation.
These Specifications do not replace the Engineer of Record’ s specifications and contract
documents, however these specifications set forth the minimum requirements for design
and construction of all water and sanitary sewer within the jurisdiction of the City of
Fayetteville. These specifications may be included by reference only in the Engineer of
Record’ s documents.
D. The Engineer of Record for public, private and City-forces “ in-house” projects designed
and constructed under the requirements of these Specifications, shall provide to the Utilities
engineer and copy to the City Engineer a sealed ( PE) letter report stating that the design
and construction of the water and/ or sewer improvements met the minimum requirements
of these Specifications. This sealed letter report will also contain documentation of any
special conditions or additions to these Specifications for the specific project.
1000_ General_ Requirements 2
E. These specifications shall not be copied, reproduced or physically included within any
private or public project documents without the prior written consent of the City of
Fayetteville.
The City, and the Utilities Engineer, accept no liability arising from any use or reuse of
these specifications.
F. Comprehensive construction observation services shall be provided by, or under the
direction of, a professional engineer as defined by AR §17-30-101.
G. The City Engineer' s office is responsible for the issuance of construction permits for the
installation of water and sewer facilities constructed in the City of Fayetteville as required
by the City of Fayetteville Unified Development Code. The City’ s Utilities Engineer is
responsible to assist the City Engineer’ s office as directed by the Utilities Director.
The City’ s Utilities Engineer is responsible for review and recommendations, or assisting
the City Engineer with review and recommendations, of the City’ s Capital Improvement
Projects requiring City Council approval.
All water and/or sewer capital project design, including water and/or sewer included in
other capital projects such as roadway improvements, designed by consultant or by City
engineers, will be reviewed and approved by the Utilities Director or the Utilities Engineer
as appropriate.
H. The City of Fayetteville is not responsible, nor bears any liability for the Contractor’ s
means, methods, techniques, sequences, procedures of construction or the safety
precautions and programs incident thereto in performing or furnishing any of the work.
I. Maintenance Bond: Once the City accepts the project for ownership, the Owner shall be
responsible for the provision to the City of a two (2) year maintenance bond for 25 percent
of the construction cost of water lines and sewer lines, which shall cover defects in
materials and workmanship. A walk-through shall be performed at the end of the two year
period and all deficiencies corrected prior to release of the bond. City maintenance shall
begin after release of the Two (2) year Maintenance Bond.
J. Change’ s or addendums to this document shall require formal approvals and addendums
in compliance with professional standards of practice and Arkansas Professional
Engineering rules and regulations.
K. Administration, Appeals, Variances and Exceptions:
Administration, Appeals and Variances are defined in Chapters 152, 155 and 156 of the
City of Fayetteville Unified Development Code and as follows:
When the Utilities Director and/ or the City Engineer determines that application of the
standards within this Standard Specification would cause undue hardship, or unnecessary
1000_ General_ Requirements 3
practical problems for a specific project, then an exception or variance to this Standard
Specification may be reviewed on a case by case basis and may be granted by the Utilities
Director and/ or City Engineer. An exception or variance that is granted may be conditioned
by requiring other standards to safeguard the purposes of this Standard Specification.
No exception or variance can violate minimum Arkansas Health Department requirements,
or the Arkansas Board of Licensure for Professional Engineers and Professional Surveyors
Board Laws and Rules, City Ordinances or State or Federal Law.
Requests that are Professional Engineering shall be submitted by and reviewed by a
licensed Professional Engineer.
Such exception or variance request will be approved or denied by written communication
by the Utilities Director and/or City Engineer as appropriate to existing regulations.
Engineering plans reviewed and approved by the City do not grant or imply a variance to
these Specifications. Variances must be requested by the Engineer of Record and approved
in writing by the City of Fayetteville prior to start of work.
If an exception or variance is granted then a copy of the exception or variance must be
provided by the Engineer of Record to the Arkansas Department of Health.
L. Questions and comments concerning theses Specifications should be directed to the
Utilities Director, 113 W. Mountain St., Fayetteville, Arkansas, 72701 (479) 575-8386.
1.02 DEFINITIONS
A. City – The City of Fayetteville. Throughout this document, the name City of Fayetteville
applies for all entities in the City of Fayetteville water and/ or sewer service and jurisdiction
areas.
B. City of Fayetteville Utilities Department – The Utilities Department is comprised of 4 major
divisions with a common goal of providing vital city services to the citizens of Fayetteville:
Utilities Management and Capital Projects
Wastewater Treatment
Water and Sewer Operations Division
Water & Sewer Service Set Up & Billing
C. City of Fayetteville Engineering Division -The Engineering Division:
Provides design and project management for city infrastructure projects.
Reviews development proposals for compliance with city criteria such as water,
sewer, streets, drainage, grading and other technical requirements.
Manages the planning, design, and permitting of trails projects and oversees
construction of trails by the Transportation Division or private contractors.
Assists in the acquisition and sale of city property, right of way, easements, etc.
Manages miscellaneous stormwater and water quality initiatives.
Is responsible for ensuring compliance with
1000_ General_ Requirements 4
The City's NPDES Stormwater Permit issued through the Arkansas
Department of Environmental Quality.
The City's floodplain regulations.
D. Engineer, and/ or Engineer of Record – A qualified Professional Engineer licensed in the
State of Arkansas, for the Owner, City or Governmental agency.
E. STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION OF WATER
LINES AND SEWER LINES, 2022 Edition – also referred to as “ standards” or “ minimum
standards” or “ specifications” or “ Standard Specification( s)” within this document.
F. Design – Includes, but is not limited to, all requirements of:
1. Arkansas State Law Title 22 -Public Property Chapter 9 – Public Works Subchapter 1
General Provisions 22-9-101 -Observation by registered professionals required.
2. Arkansas Board of Licensure for Professional Engineers and Professional Surveyors,
Board Laws and Rules Handbook.
3. Arkansas Department of Health requirements, including but not limited to, “ Rules and
Regulations Pertaining to Public Water Systems” XXI. Submission of Plans and
Specifications.
G. Comprehensive construction observation services -
1. Observation and inspection services must comply with Arkansas State Law Title 22 -
Public Property Chapter 9 – Public Works Subchapter 1 – General Provisions 22-9-101 -
Observation by registered professionals required.
2. As required by the City of Fayetteville. Observation and inspection includes, but is not
limited to, periodic visits to construction site to observe the progress and quality of the
executed work to determine compliance with approved plans and specifications and the
standards or requirements as set forth in the project approval or permit.
If deemed necessary by the City of Fayetteville, the Engineer of Record shall provide
qualified full time Resident Inspection during part or all of the executed work for the
project.
3. As required by the Arkansas Department of Health.
4. As further defined in this Standard Specification.
H. Owner – Any Individual, partnership, firm, corporation or other entity who,
as property owner, is initiating the work.
I. Provide – Furnish and install, complete in place, operating, tested and approved.
1000_ General_ Requirements 5
J. Products – The materials, systems, and equipment provided by the Contractor.
K. 10 States Standards – The recommended standards and polices prepared by Great Lakes –
Upper Mississippi River Board of State and Provincial Public Health and Environmental
Managers ( GLUMB). Standards include: Recommended Standards for Waterworks and
Recommended Standards for Wastewater Facilities, latest editions.
1.03 LAWS, REGULATIONS AND ORDINANCES
A. All Federal, State, County and Municipal Laws, Regulations, or Ordinances shall be
complied with on all projects. Where the requirements of another jurisdictional authority
having influence on work outside the purview of the City of Fayetteville are greater than
that provided by these Specifications, the work shall conform to the greater requirement
of that respective jurisdictional authority.
1.04 PERMITS AND LICENSES
A. City of Fayetteville construction permits for Development projects shall be obtained from
the City Engineer' s Office for the installation of all water and/ or sewer facilities in
accordance with the City Ordinances, City Engineering standards and these Specifications.
B. All other permits required to accomplish the work shall be the responsibility of the owner
or engineer. Such permits may include but are not limited to permits for work within
Highway Department R/W, railroad crossing permits, " Notice of Intent" for Erosion
Control ( Arkansas Department of Environmental Quality). Work shall not be started
without the appropriate permit( s) in place.
1.05 DOMESTIC USA MANUFACTURE
A. Domestic United States of America ( USA) manufacture. Product-specific requirements
for Domestic manufacture are noted within the “ product” sections of this specification for
each product.
B. American Iron and Steel ( AIS) requirements.
a. The American Iron and Steel ( AIS) requirements of the Consolidated
Appropriations Act of 2014 Public Law 113-76 and further requirements including,
but not limited to P.L. 113-121, 114-113 and 608 of Title 33 of the United States
Code and latest codes/ laws as may be provided, are a separate and additional
consideration to these Specifications based upon Clean Water and Safe Water SRF
Federal and State funding sources.
1.06 PLANS AND SPECIFICATIONS -SUBMITTAL AND APPROVAL
A. Detailed plans and specifications shall be required for all water and/ or sewer extensions,
facilities or modifications and shall be prepared by a qualified professional engineer
1000_ General_ Requirements 6
registered to do business in the State of Arkansas. These detailed plans and specifications
shall be submitted to the City for review and approval.
B. The plans and specifications shall be first approved in writing by the City Engineer or
Utilities Engineer as applicable for the project and then shall be forwarded to the Arkansas
Department of Health by the Engineer of Record for their (ADH) approval. In no case shall
any water or sewer construction be allowed before the City has written approval from the
Arkansas Department of Health.
C. The Engineer of Record must approve all material prior to installation.
D. The Owners of the project are responsible for acquiring and recording all easements and
giving all notices necessary and incidental to the work.
E. Private water lines constructed for fire prevention purposes which have no metering device
or backflow prevention device at the point of tie-in to the City main shall be treated as a
public line and be subject to these Standard Specifications as far as engineering,
construction techniques, materials, testing, and inspections are concerned.
F. For projects which require formal erosion control plans by ordinance or standards, the
construction may not begin without an approved erosion control plan on file with the City.
Minimum erosion control measures are required for all projects. It is the responsibility of
the owner and contractor to comply with the Arkansas Department of Environmental
Quality ( ADEQ) requirements.
G. A pre-construction conference involving the Engineer of Record, Contractor, and the City
is required prior to beginning construction. One full set of construction drawings will be
provided to the Water and Sewer Department prior to the pre-construction meeting.
H. Provide legible, professional documents meeting the requirements of Ten States Standards
and as follows to City Engineering and/ or the Utilities for review and approval.
Plans should be drawn to a scale suitable for adequately showing the facilities proposed as
stipulated herein.
All proposed water mains, sewer mains, water meters, water services, sewer services,
valves, hydrants, sewer manholes, lift stations and other appurtenances are to be clearly
represented on the plans.
All water and sewer mains shall include plan and profile sheets with the plan and profile
on the same sheet.
I. Engineering work, including plan and profile sheets, shall be sealed and dated by a
Professional Engineer licensed in the State of Arkansas and in compliance with the
requirements of the Arkansas Board of Licensure for Professional Engineers.
1000_ General_ Requirements 7
1.07 EASEMENTS
A. The Owners of the project are responsible for acquiring and recording all easements and
giving all notices necessary and incidental to the work.
1.08 UTILITY COORDINATION
A. The plans shall show the location of existing overhead and underground utility lines,
existing water and sewer lines and the proposed water and/ or sewer improvements
according to the best information presented and available.
B. It is the responsibility of the Owner or his authorized representative to coordinate with and
get approval from the various UTILITIES, including other Departments of the City.
Further, it is the responsibility of the Owner to get authorization to encroach upon any other
utilities' easement( s) and secure such recorded encroachment as a requirement for
dedication of the water and/or sewer lines and system.
C. It is the responsibility of the owner or his authorized representative to comply with the
Arkansas Underground Facilities Damage Prevention Act”.
1.09 PUBLIC TRAVEL
A. When requested by the City, and project specific, the Engineer will provide a maintenance
of traffic plan for City review and approval.
B. The contractor will plan and execute the work to assure minimal interference with normal
flow of traffic and pedestrians.
C. The contractor will be reasonable for making provisions for the safe and free passage of
persons and vehicles over or around the construction site, both during and after working
hours. Such provisions will be satisfactory to the City, County or State authority having
jurisdiction within the work area.
D. The contractor will notify and obtain applicable approvals and permits from City, County
or State authorities before closing or obstructing any public highway, street, road, trail or
sidewalk.
E. The contractor will provide and maintain necessary barricades, signs, lights, roadway
trench covering, fencing, personal safety equipment and markers around or at the
construction area to avoid any property damage or personal injury. The contractor will
provide qualified flagmen to direct traffic while working upon or in a highway, street or
road over which traffic must pass.
F. Excavated area within traffic lanes of highways, streets, roads, trails and walks will be
backfilled with compacted class 7 aggregate base course immediately following pipe
installation and the area opened to traffic. Where indicated or when requested by the City
1000_ General_ Requirements 8
an additional course of asphalt concrete hot or cold mix will be provided as the travel
surface. Excavated areas shall be brought to the adjacent/ contiguous paved surface
elevations and constantly maintained by the contractor.
1.10 MATERIALS SUBMITTALS
A. Submittals sent to the City shall be in PDF format.
B. The Engineer of Record shall be responsible to review and approve the materials
submittal( s) to ensure compliance with these specifications. The City of Fayetteville
generally will not review and approve material submittals for private development projects,
but will rather check materials in the field to ensure they comply with these specifications..
Once the Engineer of Record has reviewed and approved the material submittals, they shall
submit those to the City of Fayetteville where they will be kept on file for reference.
C. Submit the manufacturer' s certificate that the products/ materials meets the Specification
requirements including material testing requirements.
D. Construction procedures other than those outlined in these specifications shall be submitted
for review and approval by the City of Fayetteville.
1.11 CONSTRUCTION LAYOUT
A. The layout and staking of the construction work shall be by trained and qualified survey
personnel under the supervision of the Engineer. Construction layout shall consist of
staking ( physical monuments) necessary to determine alignment and elevations to properly
construct the proposed facilities. The use of a pipe laser is required for gravity sewer
construction.
1.12 INSPECTION, OBSERVATION AND TESTING
A. Comprehensive construction observation services shall be provided by a professional
engineer as defined by AR §17-30-101.
B. Only authorized personnel from the City of Fayetteville Water & Sewer Department are
permitted to operate valves on the existing water system. Under no circumstance shall the
Contractor operate any valve on the existing water system.
C. All field tests and inspections required for a project shall be witnessed by the City in the
presence of the Engineer of Record or their authorized representative and the Contractor.
Water Testing is further defined in Section 5300. The tests required for sewer lines,
manholes and service lines are further specified in Section 5200. The tests for pump
stations will be determined for each project based upon the final design and Section 3500.
1000_ General_ Requirements 9
On a case by cases bases for work after hours ( or other similar circumstances), the City
Engineer or Utility Engineer may authorize testing without city personnel when the
Engineer of Record or their authorized representative is present.
D. The City representative will be determined at, or prior to, the pre-construction meeting.
E. In no case shall a test be made without the presence of the Engineer of Record’ s
representative and the Contractor. It is the responsibility of the Engineer of Record and/ or
the Contractor to coordinate the scheduling of tests with the City and with the other parties
involved.
F. All equipment, materials, and labor required for testing shall be furnished by the Contractor
at his expense.
G. Generally, no Contractor or Engineer of Record involvement is required in the taking of
samples for the Bac-T test except that the Contractor is responsible for the proper flushing
of the line prior to samples being taken by the City. However, the City may require the
presence of the Contractor or Engineer of Record when questions have been raised as to
the methodology or techniques used in the sampling process.
H. Bac-T samples are sent to the Arkansas Department of Health for testing. Results are
available on-line at the ADH website. Results obtained by the City may be forwarded to
the Engineer of Record either by email, fax, or mail upon request of the contractor.
I. Lines failing the Bac-T tests shall be re-sampled as soon as practicable. If a line fails two
2) consecutive Bac-T tests, the line must be re-chlorinated before Bac-T samples can be
taken again. The City shall not be responsible for rescheduling Bac-T tests.
J. The fire hydrant test shall consist of checking the operation of the fire hydrant valve and
flowing the fire hydrant. This test will be performed jointly by Contractor and City forces.
This test will be done after the pressure test has been completed. The fire hydrant valve
shall be left in the open position during the test and after the test is completed.
1.13 “ AS-BUILT” or “ RECORD DRAWINGS”
Upon completion of the project, the Engineer shall provide to City Engineering for record
purposes " as-built" or " record drawings". The minimum requirements include:
A. DATUM REQUIREMENTS
1. Horizontal Datum: NAD83 ( 1986) Arkansas State Plane, North Zone, US foot
Grid System).
2. Vertical Datum: NAVD88 ( feet)
B. TOLERANCES
1. Horizontal: +/-0.5 feet
2. Vertical: +/-0.05 feet
1000_ General_ Requirements 10
C. Water drawings submitted as record (" as-built") drawings shall indicate the location where
the water line was installed and have the following items surveyed during/ after
construction and shown on the drawings:
1. Fire hydrant, location and top operating nut elevation
2. Water valves, location
3. Water fittings, location
4. Water service saddle, location
5. Water service saddles used for testing, location
6. Water meters, location
7. Tapping sleeves, location
8. Any other pipe penetrations, location
9. Steel encasements, location
10. Details shall be provided for all vertical offset water lines, profile drawing
D. Manufacturing data shall be collected for pipe, valves, and hydrants as follows:
1. Pipe
a. Manufacturer
b. Material: DI, PVC or other – specify.
c. Diameter
d. Production run code or lot code
e. DR or Thickness class
f. Pressure class
2. Valves
a. Manufacturer
b. Model number
c. Year manufactured
d. Type ( gate, butterfly, ball, etc.)
e. Diameter
3. Hydrants
a. Manufacturer
b. Model number
c. Year manufactured
d. Depth of bury, including extensions
E. Sanitary sewer drawings submitted as record (" as-built") drawings shall indicate the
location where the sewer line was installed and have the following items surveyed
during/ after construction and shown on the drawings:
1. Manholes, location and rim elevation
2. Pipe material, diameter, and invert elevations
3. Sewer main percent slope ( calculated and setting from pipe laser)
4. Lateral connections. Lateral measurements shall be indicated by their distance
from the downstream manhole in the form of stationing. Lateral stationing shall
begin at 0+00 at each downstream manhole.
5. Location of capped service lines
1000_ General_ Requirements 11
6. Cleanouts ( if installed during construction)
7. Location of fittings, valves, and valve boxes on force mains
8. Location of steel encasements
9. CCTV video ( Digital Media format, USB drive preferred) and logs shall be
delivered to the City of Fayetteville.
F. All sheets shall have the phrase " as-built" or " record drawing" boldly printed on them with
the as constructed date, and shall be stamped and signed by a professional engineer
registered in the State of Arkansas. Record drawings shall be submitted in hard copy, . dwg
electronic format, and . pdf electronic format.
1.14 FINAL ACCEPTANCE BY THE CITY
A. The City will be deemed to have accepted water and sewer lines and appurtenances for
ownership upon completion of the following.
1. Acceptable physical site Final Inspection by the following:
a. A representative of the City Engineer’ s Office
b. A representative of the Fayetteville Water and Sewer Department
c. The Engineer of Record
d. The Contractor
2. Acceptable walk-through by the Meter Foreman for location, grade, and condition of
water meter settings
3. Acceptable walk-through by the City representative for all other items of water or sewer
construction.
4. Construction Cost is received by the City and subsequently approved in writing.
5. Maintenance Bond is received by the City
6. Record Drawings are received by the City
7. Engineer of Record Certification is received by the City.
8. Contractor furnished statement of estimated water quantity used during construction,
testing, flushing and final acceptance, total gallons.
9. The Engineer of Record shall provide to the Utilities engineer and copy to the City
engineer a sealed ( PE) letter report stating that the design and construction of the water
and/ or sewer improvements met the minimum requirements of these Specifications
including certification that the project was constructed in accordance with the
engineering plans and specifications as approved by the Arkansas Department of Health.
This sealed letter report will also contain documentation of any special conditions or
additions to these Specifications for the specific project.
10. Letter of Final Acceptance is provided by the City to the Engineer.
B. No water meter shall be set until all final acceptance requirements are met and the line is
accepted by the City.
C. No sewer shall be utilized until all final acceptance requirements are met and the line is
accepted by the City.
1000_ General_ Requirements 12
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END OF SECTION 1000
1000_ General_ Requirements 13
SECTION 2001 DESIGN STANDARDS -WATER
PART 1 – GENERAL
1.01 WATER LINE (MAIN) MATERIALS
A. Unless specified or detailed otherwise, materials for water line mains up to and including 12
inch diameter shall be PVC as further specified within these Standard Specifications. Ten ( 10)
inch diameter pipe is not permitted for water mains.
B. Ductile iron pipe ( DIP) shall be used for all pipe greater than 12-inches in diameter and as
further specified within these Standard Specifications.
C. Unless requested otherwise by the City’ s designated engineer, all fire hydrant leads shall be of
the same pipe material as the attached water main as recommended in AWWA M17 latest
edition.
D. All buried iron pipe, valves, and fittings shall be double poly wrapped in accordance with these
Standard Specifications.
E. Polyethylene ( PE) pressure pipe is not permitted as publically ( City) maintained water main or
water service lines.
F. Pipe and fittings for nominal pipe diameters/ sizes greater than 18-inch are not a Standard
Specification. Projects including pipe and fittings for nominal pipe sizes greater than 18-inch will
be considered on specific case by case basis in accordance with Section 1000 General
Requirements.
G. Any and all work for, on, or connecting to the City’ s concrete pressure water pipe ( Prestressed
Concrete Cylinder Pipe, PCCP) is not permitted as a Standard Specification. Work for, on or
connecting to the City’ s PCCP will be considered on specific case by case basis in accordance
with Section 1000 General Requirements.
1.02 REQUIREMENTS TO EXTEND WATER SERVICE
A. Unless approved otherwise by City Council, new developments and/ or water extensions to
serve existing lots, are required to extend water service to that development at the owner' s
expense in accordance with City Ordinance Chapter 51: Water and Sewers. Water lines shall
be extended to each property to be served by City of Fayetteville water. Water service shall
include providing adequate domestic water flows as well as fire protection with hydrants
spaced in accordance with the local and state fire codes.
City Council approved cost share projects, including defined infill projects, may be further
considered in accordance with City Council guidance or policy and paragraph 1.05.
B. Water service lines shall extend perpendicular to the water main and extended to the property
2001_ Design_ Water 1
being served where an appropriately sized water meter will be installed.
C. On subdivision or large scale development water systems, water lines shall be extended
through all the development to the property line so that future development( s) can tie on
without disrupting the service to or property of any existing customers or owners. Dead end
lines shall be avoided whenever possible.
D. All water lines with dead ends shall be installed with an upstream valve, one full joint of pipe
with a MJ restraining gland, concrete anchor collar, a MJ cap with restraint, and a blow off
assembly. The seat of the MJ restraining gland on the pipe shall face the valve.
E. Subdivision developments greater than lot splits as defined in UDC Chapter 166: Development
will:
a. Connect into the existing water system at a minimum of two locations.
b. Provide water line extensions off of the development property to loop with the existing water
distribution system.
The extension and second connection to the water system is required to better maintain water
quality and to maintain water service in the event of a water line break in the immediately
vicinity. An inline valve shall be installed on the existing water line between the two points
of connection if one is not currently installed.
Construction of off-site extensions will be at the expense of the developer, subject to “ rough
proportionality” as further noted in Chapter 155 of the City of Fayetteville Unified
Development Code.
Other developments, including Large Scale Developments, may be required by Planning
Commission or City Council to tie to the existing water system at a minimum of two locations
and provide off-site water extensions to maintain water quality and maintain water service in
the event of a water line break in the immediately vicinity.
F. At other locations easements may be required to facilitate future extension of lines to adjacent
properties.
G. The requirements to extend water service and provide lines adequate for both domestic and
fire demands shall apply to all subdivisions regardless of whether they are inside the City
Limits or not. Where subdivisions are outside the City Limits, the placement of fire hydrants
shall be optional and in no case shall hydrants be installed outside the City unless a) a fire flow
of at least 500 gallons per minute can be obtained at the hydrant, and b) the residents being
served by the hydrant have a contract for fire protection with the City of Fayetteville and/ or
with a Washington County Rural Fire Department having a mutual aid agreement with the
Fayetteville Fire Department.
1.03 MINIMUM SIZE OF WATER LINES
2001_ Design_ Water 2
A. The minimum sized water line that may be installed in the water system as a “ Water System
Improvement” shall be eight ( 8) inch diameter as defined in Chapter 151 of the City of
Fayetteville Unified Development Code. Unless documented and approved otherwise by the
City, the minimum size water main installed by development shall be eight (8) inch diameter.
Minimum water line sizes less than eight ( 8) inch diameter will receive special consideration
in situations such as existing areas of six (6) inch water lines. Such special consideration will
be based upon engineering calculations for domestic and fire flow demands, existing
infrastructure, water modeling, water age and water quality and as follows.
Four ( 4) inch diameter lines shall be the minimum water line size that may be approved for
special conditions such as “ short” cul-de-sacs as determined by the City or rural water
extensions, provided such lines could not be reasonably extended in the future to provide
service to adjacent property and where a larger line is not needed to provide either fire
protection or adequate domestic flows.
Two ( 2) inch domestic water service extensions may be granted by the Utilities Director.
All water lines less than eight ( 8) inches in diameter require approval from the Utilities Director
and subsequently the ADH.
B. The minimum line size requirement for the provision of fire protection shall be based upon fire
flow calculations including the flow for the private fire line/ sprinklers in addition to the flow
required at fire hydrants, water modeling calculations and as follows. The minimum line size
requirement for the provision of fire protection shall a looped six (6) inch line or, in the event
of a dead end line, an eight ( 8) inch. This minimum requirement shall apply regardless of the
theoretical flow capacities existing in the system. Lines larger than six ( 6) inch looped and
eight ( 8) inch dead end may be required if larger lines are needed to provide domestic and/ or
fire flow demands based upon engineering calculations and/ or water modeling.
C. The latest Water System Study has recommended a twelve ( 12) inch water line grid not to
exceed a spacing of 1/2 of a mile in both the north-south and east-west direction. In the event
that the maximum size water line for a development is less than twelve ( 12) inches, the City
may participate in “ cost sharing” for the installation of twelve ( 12) inch water lines as
recommended by the latest Water System Study. The extent of the “ cost share” will be for
pre-approved and verified installation cost differences. Refer to Paragraph 1.05 – City
Participation in Water Line Costs.
1.04 WATER SYSTEM STUDY/ MASTER PLAN
A. The City's latest Water System Study ( or Master Plan) and current water model will be the
primary basis for decisions made in regard to required line sizes, water line locations, location
of water pump stations, water tank sizes and location, and any other matter relating to the water
distribution system.
1. The latest Water System Study is a published document on file at the City Engineer’ s
Office and at the Utility.
2001_ Design_ Water 3
2. The current water model is located at the City’s Utility (Water/Sewer).
It is the intent of these Standards that the City Utility, subject to other City and Utility
priorities, will provide the modeling of proposed water mains using the City’ s current
software and model. However, there may be specific projects that due to the size or
complexity, the Utility’ s current priorities, or the requirements of a Professional
Engineering sealed report, that such projects will require water modeling by the
Engineer of Record and review by the City.
B. The Utilities Director and City Engineer have the discretion to alter the published Water
System Study ( Master Plan) priorities and recommendations based upon current City
requirements.
1.05 CITY PARTICIPATION IN WATER LINE COSTS
A. In cases where the City desires to have a larger sized water line in place than is required under
Paragraph 1.02 of these Standard Specifications, or in cases where the City desires to extend a
water line under Paragraphs 1.02 and 1.03 of these Standard Specifications, in accordance with
City Ordinance Chapter 51: Water and Sewers, the City may enter into an agreement with the
developer to provide for the construction of the larger sized line, or the extension of the
designed water line. City participation in water line costs will be based upon current City
Council guidance.
B. Upon City Council or Mayoral approval, the City will be responsible for the pre-approved and
verified installation cost difference between the water line required for the development and
the water line desired by the City.
C. The cost involved in up-sizing, or extending the water line shall be determined by the
developer' s engineer by the taking of bids, and shall be approved by the City Engineer or
Utilities Director, and then approved by the City Council prior to construction.
1.06 WATER SERVICE LINES
A. Water service connections shall be made on 12-inch and smaller water lines.
B. Service lines serving single meters sets and double meter sets shall be 1-inch coated copper
pipe in accordance with these Standard Specifications.
C. In areas where it is determined by the City Engineer that installation of irrigation systems is
likely, service lines that cross roads and serve double meter sets shall be 2" services ending in
a 2" x 1" x 1" x 1" splitter. The middle leg of the splitter shall feed the double meter set, with
the other two legs containing a ball valve, and being intended to serve future irrigation meters.
The meter box shall be no greater than two feet from the splitter.
D. Service lines serving 1-1/2 and 2 inch meter sets shall be 2-inch coated copper pipe, or 2-inch
restrained joint PVC ( main) in accordance with these Standard Specifications.
2001_ Design_ Water 4
E. Water services lines installed across city streets shall be encased back of curb to back of curb,
or state highway right-of-way to right-of-way. 1-inch lines shall be encased in minimum 2
inch HDPE SDR9 tubing. 2-inch lines shall be encased in minimum 4-inch HDPE SDR9
tubing. Larger diameter encasement tubing will be provided by the contractor as required.
F. Service lines serving 3-inch and larger meter sets shall be PVC or DIP in accordance with these
Standard Specifications.
G. Meter arrays for multiple meters fed from a single 2-inch tap shall be made per the standard
details. These must be approved on a case-by-case basis, and may be required by the City to
reduce the number of taps on a public main.
1.07 WATER METER SIZE
A. Water meters serving flows up to 10 gpm continuous ( 15 gpm intermittent) shall be 5/8” water
meter.
B. Facilities that use flush valve style ( tankless) toilets shall use a minimum 1” water meter.
C. Water meters serving flows up to 25 gpm continuous ( 40 gpm intermittent) shall be 1” water
meter.
D. Water meters serving flows greater than 25 gpm continuous shall be approved by the City of
Fayetteville Meter Department during the plan review process.
1. For reference only, meter flow ranges may be as follows:
a. 1-1/2” meter up to 65 gpm continuous ( 100 gpm intermittent)
b. 2” meter up to 150 gpm continuous ( 200 gpm intermittent)
c. 3” meter up to 350 gpm continuous ( 500 gpm intermittent)
d. 4” meter up to 800 gpm continuous ( 1000 gpm intermittent)
1.08 BACKFLOW PREVENTION
A. The City of Fayetteville water distribution system shall be protected from the possibility of
backflow by the use of a reduced-pressure principal backflow prevention assembly ( RP), a
double check valve assembly ( DC), or an air gap in accordance with the City Ordinance 51.146
Backflow Prevention and the Arkansas State Plumbing Code ( ASPC), latest edition.
B. The City of Fayetteville Utilities shall review and sign off on all proposed backflow prevention
installations.
1.09 EASEMENTS
A. For water lines that are up to 10 feet deep, easements shall be at least 20 feet in width with the
water line in the center of the easement. For water lines that are greater than 10 feet deep,
easements shall be 1 foot per foot of depth to the bottom of the pipe on each side of the water
2001_ Design_ Water 5
line.
B. Lines sized 12-inches through 18-inches shall not be placed in easements of less than 25 feet.
Lines larger than 18-inches shall be placed in an easement of no less than 30 feet. Wider
easements may be required, depending on the specific circumstances involved.
C. Easements for 12-inch and smaller lines may be exclusive or general utility. Any line above
12-inches in diameter must be an exclusive water/sewer easement unless approved otherwise
by the Utilities Division.
D. New developments that contain existing water lines must modify the existing easements as
necessary to meet the above requirements for widths in relation to pipe location and size,
including increasing the size of the easement if proposed fill will cause the depth of bury to
exceed ten feet.
E. Easements of a lesser width will be considered when adjacent to another easement or under
other special circumstances.
1.10 LOCATION OF WATER LINES
A. Water lines shall be placed on public streets either in the right of way or in an easement adjacent
to the street right of way except that lines can go between lots when there is no other reasonable
way to access a line or provide for future service. In no case shall lines intended for individual
services be placed in the rear of lots or along back property lines.
B. When not adjacent to right of way or other easements, waterlines shall be centered in the
easement.
C. Water lines shall be located a minimum of 36-inches from any other parallel utilities or
structures.
D. Trees shall not be planted within 5-feet of any waterline, water service line, meter, valve,
hydrant or water system appurtenance. Larger waterlines may require further separation.
E. Water lines shall be offset 10-feet from any buildings, structures, overhangs, balconies, etc. If
an easement of more than 20-feet is warranted due to depth or diameter, the building offset
shall increase accordingly, to half the easement width.
1.11 LOCATION OF WATER METERS
A. Water meters shall be located in non-paved areas and readily accessible to the Meter
Department without going through fences or gates.
B. Water meters shall be free of obstructions for a minimum of a 3-foot radius from the center of
the water meter box.
C. Water meters shall typically be located on the Owner’ s side of the property line ( edge of
2001_ Design_ Water 6
easement or right-of-way). If a water meter cannot feasibly be located 1-foot behind sidewalk
as per standard details, meter location must be approved in advance of construction. Otherwise,
the meter must be relocated at the developers’ expense to the proper location. Consideration
for meters between curb and sidewalk ( in greenspace) will be made on a case-by-case basis at
the discretion of the City.
D. Double meter sets shall be located on the common property line between the two properties
being served.
E. Where multiple meters serve units of a common building, the meters must be set to read left-
to-right in ascending unit numbers, with irrigation meters placed at the end, in a single yoke.
1.12 VALVE MARKERS
A. In all rural settings and where requested by the City, except those in cleaned yards, when valve
boxes, bends, air release valves, blow-offs, meter boxes and other similar hardware are
installed in an easement location, water system marker signs shall be installed so that the items
may be more easily found.
1.13 WATER LINE DEPTH
A. Minimum depth to the top of pipe for all water main lines less than 12-inches diameter shall
be 3.0 feet.
B. Minimum depth to the top of pipe for water lines 12 -inch diameter and greater shall be 4.0
feet.
C Maximum water line cover shall be 5.0 feet under normal conditions. Cover greater than 5.0
feet shall be allowed for short distances where required by field conditions and approved by
the City.
D. Minimum depth of all water service lines from the main to the water meter shall be 30-inches.
1.14 WATER PRESSURE
A. The water distribution system shall be designed to maintain a minimum working water pressure
of 45 psi at the water meter.
B. Design of new construction that results in less than 45 psi working pressure at the water meter
shall be approved by the Utilities Director on a case by case basis.
C. Under no circumstances shall the working pressure of the water distribution system be below
20 psi.
D. When new development extends public mains in excess of 150-psi static pressure, the City
reserves the right to require additional valving and easements to accommodate pressure
reduction vaults and appurtenances in the future. On dead-end extensions, pressure reducing
2001_ Design_ Water 7
mainline valves may be required, properly constructed in a vault, to be reviewed on a case-by-
case basis.
1.15 VELOCITIES
A. Velocities in the water distribution system shall be designed such that velocities will be no
greater than five (5) feet per second during normal operation conditions.
B. Velocities in the water distribution system during fire flow conditions shall be designed not to
exceed ten ( 10) feet per second.
1.16 VALVES
A. Valves for 4-inch through 8-inch water distribution shall be resilient seat gate valves. Ten (10)
inch diameter pipe is not permitted for water mains.
B. Valves 12-inch and larger shall be butterfly valves.
C. Valve spacing in the water distribution system shall not exceed 500 feet in commercial districts
and not more than one block or 800 feet intervals in other districts.
D. Valves at “ tees” shall be provided to isolate water mains for maintenance or repairs and to limit
outages. Valves may be required on multiple legs of tees as designed by the Engineer of
Record and approved by the designated City engineer.
E. Valves shall also be located on each side of stream crossing as determined by the designated
City engineer.
1.17 90 DEGREE BENDS
A. Ninety degree ( 90°) bends shall only be used on a by-exception basis, and must each be
specifically approved by the City. Forty-five degree ( 45°) bends separated by a twenty-four
24) inch swivel adapter shall be used in locations where 90° bends would otherwise be
considered.
1.18 FIRE FLOW DESIGN
A. Fire flow design for single family dwellings and duplexes shall be 1,500 gpm for a duration of
two ( 2) hours or as determined and documented by the City’ s Fire Chief.
B. Fire flow design for apartment complexes, commercial structures, and industrial structures
shall be as required by the International Fire Code latest edition, or as determined and
documented by the City’ s Fire Chief.
1.19 FIRE HYDRANT SPACING AND PLACEMENT
A. Fire hydrants for single family dwellings and duplexes shall be installed so that (1) the distance
2001_ Design_ Water 8
between two consecutive fire hydrants does not exceed 500 feet, and ( 2) no lot is more than
250 feet from a fire hydrant. The Fire Chief shall have the authority to require additional fire
hydrants upon a determination that such additional fire hydrants are necessary to provide
adequate fire protection as outlined in the International Fire Code, latest edition.
B. Fire hydrants in areas for apartment complexes, commercial structures, and industrial
structures shall be installed so that the distance between two consecutive fire hydrants does not
exceed 400 feet. The Fire Chief shall have the authority to require additional fire hydrants
upon a determination that such additional fire hydrants are necessary to provide adequate fire
protection as outlined in the International Fire Code, latest edition.
C. Fire hydrants shall be free of obstructions for a minimum of a 3-foot radius from the center of
the fire hydrant. Fire hydrants shall be placed outside of any fence.
1.20 FIRE LINES
A. Fire lines, backflow prevention, and FDC shall be installed and inspected the same as water
lines.
B. Fire lines shall be constructed of ductile iron pipe or C900 PVC .
C. All valves on fire lines shall have the word “ FIRE” on the valve box lid, this includes the valve
on the water main.
D. Post Indicator Valves, or underground valves in a roadway box, as determined by the Fire
Chief or the City Engineer in compliance with NFPA 24 and City ordinances, shall be installed
on all fire lines to demarcate ownership. Post indicator valves shall match the valve
manufacturer.
1.21 AIR RELEASE VALVES
A. Air release valves shall be required on uphill, dead-end lines or on other specific applications
to protect the water distribution system at the discretion of the City.
1.22 STEEL ENCASEMENTS
A. Water lines under culverts, creeks, concrete channels, retaining walls, or other difficult and/ or
dangerous to maintain areas shall be encased in a smooth steel encasement pipe. The steel
encasement shall extend 5 feet either side of the area.
B. Water lines through steel encasement shall be installed with three spacers per joint such that
the spacers are equally spaced along the length of the pipe.
C. Bell restraints shall be used for all joints inside the encasement pipe and for the first joint in
each direction outside the encasement pipe.
D. End Seals shall be used on all encasement pipes.
2001_ Design_ Water 9
E. Restrained and blocked ductile iron water pipe or restrained and blocked C900 PVC will be
used in situations where fittings are required on either side of the steel encasement to change
direction or overcome varying field conditions. Additional joint restraints and the use of
anchor collars shall be designed by the Engineer of Record and submitted to the City for
review.
1.23 PLANNED WATER OUTAGES
A. Under no circumstances shall water be shut off to any active service in the course of new
construction without written permission from the City of Fayetteville Water & Sewer
Department. If water pressure needs to be reduced to facilitate construction, a preconstruction
meeting shall be held. The work shall be performed as described in Section 4200 – Water Line
Pressure Reduction Procedures.
1.24 PROTECTION OF WATER SUPPLIES
A. Only authorized personnel from the City of Fayetteville Water & Sewer Department are
permitted to operate valves on the existing water system.
B. There shall be no physical connections between a public or private water supply system and a
sanitary sewer or appurtenances thereto which would permit the passage of any polluted water
into the potable supply. Sanitary sewers shall be laid at least ten ( 10) feet horizontally from
any existing or proposed water line. The distance shall be measured edge to edge of pipes and
where applicable to the outside of any appurtenances such as fire hydrants or sewer manholes.
In cases where it is not practical to maintain a ten ( 10) foot separation, the appropriate
reviewing agency may allow an exception on a case-by-case basis if supported by data from
the design engineer. Such exception may allow installation of the sewer closer to a water main
provided that the design and construction meets the more stringent requirements of the ADH
Rules Pertaining to Public Water Systems, Ten States Standards and City of Fayetteville
requirements which may include full encasement of the water main, and special trench, fill and
drainage requirements.
C. Sewer lines installed under a water line must have a clear distance between pipes of at least
eighteen ( 18) inches.
D. The sewer line shall be installed such that a joint of pipe is centered along the water line and
the joints are as far as possible from the water line.
E. If 18-inches of clearance cannot be provided or when the water main must pass under the sewer
main, either the sanitary sewer main or the water main shall be encased in twenty ( 20) feet of
watertight encasement pipe, centered over the point of crossing. Crossings that are not
perpendicular will require more than twenty ( 20) feet of encasement. The encasement shall
extend a minimum of ten ( 10) feet perpendicular from the outside edges of the line that is not
being encased. The ends of the encasement pipe shall be sealed watertight. If the water main
passes under the sewer main, 18-inches of clearance is still required between pipes. Refer to
Section 3400 – Steel Encasement Pipe.
2001_ Design_ Water 10
END OF SECTION 2001
2001_ Design_ Water 11
SECTION 2002 DESIGN STANDARDS – SEWER
1.01 REQUIREMENTS TO EXTEND SEWER SERVICE
A. Unless approved otherwise by City Council, new developments and/ or sewer extensions to
serve existing lots, are required to extend sewer services to that development at the owner' s
expense in accordance with City Ordinance Chapter 51: Water and Sewers.
Sewer lines shall be extended to each property to be served by City of Fayetteville sewer.
Sewer service lines shall extend perpendicular to the sewer main and extended to the property
being served. Sewer service lines will not cross property lines.
City Council approved cost share projects, including defined infill projects, and/ or oversizing
of mains, may be further considered in accordance with City Council guidance or policy and
similar to Section 1100 paragraph 1.05 in accordance with City Ordinance Chapter 51: Water
and Sewers, or as requested by the City Council.
Construction of off-site extensions will be at the expense of the developer, subject to “ rough
proportionality” as further noted in Chapter 155 of the City of Fayetteville Unified
Development Code.
B. Connection to a public sewer system shall be as required, or permitted, by City of Fayetteville
Ordinances and ADH Rules Pertaining to Public Water Systems.
1.02 DESIGN CRITERIA
A. GENERAL
All sanitary sewers shall be designed to carry the estimated flow from the area ultimately
contributing to the respective reach of the sanitary sewer. The required capacity shall either
be established by the City or at the City' s option by means of a basin study developed by the
Owner or his authorized engineer/ designer. In no instance shall a gravity sewer, other than a
building sewer, be less than eight ( 8) inches in diameter.
The following design standards for gravity sewers within or contributing to the City of
Fayetteville Sanitary Sewer System have been established:
1. Population Density
Population density shall be in accordance with the Comprehensive Plan for Fayetteville
projected by the Division of Planning for the City of Fayetteville or actual count or
character of proposed development, whichever is greatest.
2002_ Design_ Sewer 1
2. Average Family
For the purposes of design the average family unit is considered to be 3.0 persons per
single family home.
3. Design Flow
The design of all sanitary sewer facilities shall be based on future area population
growth and land development characteristics and figures provided by the Department
of Planning including the servicing of existing contiguous developed areas not
currently served by sanitary sewers. The values of Average and Peak Flow and Design
Population hereby shall be the values which include the future flows and population.
The City reserves the right to review and determine the appropriateness and/ or
applicability of the estimated flow volumes provided.
The following shall be used as a guide:
a. Average Design Flows:
1) Single Family Residential: The average design flow for single family dwellings
shall be one hundred ( 100) gallons per person per day.
2) Multifamily/ Commercial/ Industrial/ Institutional: Based upon Table 1 Section
2002-1.10 within these specifications unless modified by technical information
either submitted by the Owner and approved by the City, or developed by the
City. These flow volume guidelines may be modified at the City’ s discretion
as project location specific.
b. Peak Design Flow
1) Single Family and Multifamily Residential: The peak design
flow for a single family development shall be calculated as
follows:
18).(PFlowAvgFlowPeak
4 P
Where P is equal to the total Design Population in thousands.
2) Commercial/ Industrial/ Institutional: The peak design flow from
commercial, industrial or institutional developments shall be the
average daily flow determined multiplied by 2.5. The peak
design flow shall not be less than 90% of the peak water demand
or exceed the flow limits of the water meter supplying the
facility.
2002_ Design_ Sewer 2
c. Inflow and Infiltration
1) When requested by the City, the design engineer will
also utilize current City Masterplan( s) and/ or SSES
Studies.
4. Design Capacities: Collector and trunk sewers shall be designed on the
following basis:
a. Collector Sewers Twelve ( 12) Inches and Smaller
Peak design flow capacities shall be based on sewers flowing two-thirds
2/3) full based on depth.
b. Trunk Sewers Fifteen ( 15) Inches and Larger
Peak design flow capacities for trunk or interceptor sewers shall be
based on sewers flowing 90% full based on depth, without head, using
the design population density and appropriate land use determined by
the Division of Planning; and shall include an allowance for infiltration
which will be reviewed on a case-by-case basis and is subject to the
approval of the City.
B. SEWER COMPREHENSIVE STUDY REQUIREMENTS
A study/ engineering report of the applicable sewerage drainage basin( s) is required. This
study may include in addition to the proposed project or development, the upstream and
downstream basins and existing or proposed lift/pump stations. The size and location of
the project will determine the information required in the study/ engineering report for the
proposed project.
If requested by the designated City Engineer, the Engineer of Record ( EOR)
shall provide a detailed analysis and PE sealed report including:
The proposed design
The effects of the proposed project, and coordination with any required
improvements, to existing sewer facilities including pipe lines and
existing or proposed lift/pump stations.
The designated City engineer shall coordinate between the EOR and the
City’ s waste water operations contractor.
Other as determined by the designated City engineer.
2002_ Design_ Sewer 3
C. USE OF CITY SEWER MODEL
In lieu of the aforementioned calculations, the developer or engineer may consult
directly with the City’ s contract engineer to analyze the development and downstream
capacities/ impacts using the hydraulic model of the City’ s sewerage system. A stamped
technical memo from the City’ s contract engineer shall be provided to the City for
review and acceptance. The City reserves the right to require either methodology and
is not bound by the findings or recommendations of this sewer modelling exercise.
Furthermore, the City may require that the hydraulic model be utilized due to the
complexities of a particular sewer basin in question.
1.03 MINIMUM PIPE SIZES AND STANDARDS
A. PIPE DIAMETER
1. The required diameter of gravity sewers shall be determined by Manning’ s formula
using a roughness coefficient, “ n” of 0.013 or the pipe manufacturer’ s
recommendation, whichever is greater. The minimum pipe diameter for gravity sewers
lines shall be eight ( 8) inches.
B. MINIMUM SLOPES AND VELOCITIES
1. All sanitary collector and trunk sewers shall be designed and constructed to provide a
minimum velocity when flowing full of two ( 2) feet per second. The slope of the sewer
pipe shall be such that these minimum velocity requirements are attained. The
minimum acceptable slopes for the design and construction of sanitary sewers are as
follows:
2. THESE ARE MINIMUM SLOPES REQUIRED OF THE DESIGN. AS
CONSTRUCTED SANITARY SEWERS FOUND TO HAVE LESS THAN THIS
MINIMUM SLOPE SHALL NOT BE ACCEPTED.
Pipe Size* Minimum Slope**
inches) Feet per 100 Feet, %)
8 0.40
10 0.28
12 0.22
15 0.15
18 0.12
4” and 6” lines are allowed for building sewers only ( services).
Minimum pipe slopes for diameters 8 inch through 18 inch are based upon the
2002_ Design_ Sewer 4
Ten States Standards 2014 Edition of the Recommended Standards for
Wastewater Facilities.
Slopes for pipe diameters greater than 18 inch require specific City approvals.
C. MINIMUM DEPTH
1. For the protection of the sanitary sewer lines from damage caused by utilities installed
after the sanitary sewer has been constructed, the minimum depth to crown of all
gravity sanitary sewers shall be 3.0 feet, and the minimum depth to crown of all force
main sanitary sewers shall be 3.0 feet.
D. BUILDING SEWERS
1. Building sewers shall conform to the latest edition of the Uniform Plumbing Code, the
requirements of the City’ s Building Safety Division and to these Standards.
2. The building sewer shall connect to the public sewer at a mainline fitting. Sewer
service connections shall be made on 12-inch and smaller sewer lines. Connections to
manholes shall only be allowed at upstream terminating manholes or by approval of
the City. Inside drop connections to manholes are not allowed.
3. Building sewers requiring a 6-inch or larger sewer connection shall be connected at a
manhole. If an existing manhole is not available, a new manhole must be constructed.
4. Homes or buildings where the lowest elevation to have gravity sewer service is less
than 1 foot above the cover of either the first upstream or downstream manhole on the
sewer main shall have a cleanout with a pop-up type, non-locking cover at an elevation
no less than 6-inches below the lowest sanitary facility in the structure.
5. Homes or buildings with a slope from the lowest sanitary facility to the public sewer
main less than 1 percent shall be served with a pump system. The system shall be
purchased, installed, and maintained by the owner.
6. Building sewers within the right-of-way or easement shall be a minimum of four ( 4)
inches in diameter. Building sewers shall have a wye cleanout located within three ( 3)
feet of the building’ s exterior wall and extended to 3-inches above grade and shall have
a watertight, removable cap.
7. Cleanouts installed under concrete or asphalt paving shall be made accessible by a short
bodied cast iron valve box.
8. If cleanouts are determined during city review or construction to pose a risk of damage
due to location or grade, the city may require on a case-by-case basis the use of a
protective shroud cone housing and post indicator. Product shall be Utility Defender or
approved equal.
2002_ Design_ Sewer 5
9. Building sewers installed for future connections shall be terminated at the right-of-way
or easement and plugged to ensure 100 percent water tightness. Mark wyes for future
connections using marking tape, tracer wire, yellow nylon rope, and 1/2” x 4’ rebar or
fence tee-post.
1.04 SEWER LINE MATERIALS
A. Materials for sewer line mains shall be PVC unless approved otherwise by the City of
Fayetteville or otherwise indicated in these specifications.
1.05 LOCATION OF SEWER LINES
A. Sewer lines shall be placed on public streets either in the right of way or in an easement
adjacent to the street right of way except that lines can go between lots when there is no other
reasonable way to access a line or provide for future service. Sewer lines located in easements
behind houses without a dedicated, paved alley shall have the manholes located adjacent to the
nearest street right-of-way.
B. When not adjacent to right of way or other easements, sewer lines shall be centered in the
easement.
C. Sewer lines shall be located a minimum of 36-inches from any other parallel utilities or
structures.
D. Trees shall not be planted within 5-feet of any sewer line, sewer service line, or sewer system
appurtenance. Larger sewerlines may require further separation.
E. Sewer lines shall be offset 10-feet from any buildings, structures, overhangs, balconies, etc. If
an easement of more than 20-feet is warranted due to depth or diameter, the building offset
shall increase accordingly, to half the easement width.
F. Easements for 12-inch and smaller lines may be exclusive or general utility. Any line above
12-inches in diameter must be an exclusive water/ sewer easement unless approved otherwise
by the Utilities Division.
1.06 SEWER STRUCTURES
A. MANHOLES
1. General
a. Manholes shall be installed at the end of each line; at all changes in grade, size,
materials or alignment; at all sewer intersections and at the following intervals:
2002_ Design_ Sewer 6
Pipe Diameter
inches)
8 to 18
b. Manholes shall be located
cleaning equipment. Access
Fayetteville. Access drives
Maximum Interval
Between Manholes
feet)
400
such that they are readily accessible to sewer
drives will be provided as required by the City of
will be a minimum 10’ wide all weather drive
surface designed for maintenance truck traffic. 10’ wide double gates shall be
provided for all fences where manhole access is required. Sewer mains located
in easements behind houses without a dedicated, paved alley shall have the
manholes located adjacent to the nearest street right-of-way.
c. The minimum
Manholes.
inside diameter of manholes shall be as stated in Section 3300-
d. Flow channels shall be shaped and formed in each manhole to provide a smooth
transition of flow from all inlets to the outlet. The bench wall shall be formed
from the center of the manhole to the outlet pipe in the shape of a “ U” as shown
in the City Engineer’ s Standard Details.
e. At changes in sewer alignment and/ or sizes, the energy gradient elevation shall
not increase. This shall be accomplished by keeping the crown elevation
continuous where possible for changes in sewer sizes.
f. Connections to manholes on trunk sewer lines shall be installed at such
elevations that will not cause a backup in the collector sewer. Trunk sewers are
designed to flow completely full during peak operation. Therefore, connections
should not be made below the crown of the trunk sewer line pipe.
g. Minimum drop across the manhole from inlet invert to outlet invert for size on
size pipes shall be 0.10’ for 0 up to 45 degree change in direction, and 0.20’ for
45 to 90 degree change in direction.
h. Manholes proposed to be installed in unpaved areas
constructed such that the top of the casting is a minimum
a maximum of five ( 5) inches above the finished grade
water over the casting. Positive drainage away from
provided.
shall be designed and
of three ( 3) inches and
to prevent ponding of
the manhole shall be
i. Manholes constructed within a 100-yr floodplain shall be constructed such that
the rim elevation is a minimum of 2-feet above the flood elevation or be
constructed with hinged and gasketed covers. Manholes that are within the 100-
yr floodplain and also within the ROW shall have hinged and gasketed covers.
j. Manholes located on 15-inch and larger sewer lines or manholes on sewer lines
2002_ Design_ Sewer 7
within 100 feet of a 15-inch and larger sewer line shall be epoxy coated on the
interior. Capital Improvement Projects shall be a separate pay item for epoxy
coating or lining as further defined in the subsequent measurement and payment
specifications prepared by the Engineer of Record.
k. If requested by the City, manholes shall be provided with composite ( non-
metallic) ring and lid to avoid corrosion. Exact product must be reviewed and
approved prior to installation, on a case-by-case basis. Lid must be capable of
locking shut and have metal tracing element.
2. Outside Drop Connections
a. Outside drop pipe connections shall be provided for all sanitary sewers entering
a manhole at an elevation greater than twenty-four ( 24) inches above the invert
of the manhole.
b. In areas where future residential, commercial, and/ or industrial growth can
occur, all new manholes 15 feet deep or deeper shall be equipped with up to
two ( 2) outside drop connections of a size and at an elevation to be determined
by the City at the time of design to allow for future connections at these points.
The drops shall extend from the base to within 10 feet of the final graded surface
elevation.
NOTE: THIS SHOULD NOT IMPLY THAT EVERY MANHOLE SHALL
BE PROVIDED WITH 2 OUTSIDE DROP CONNECTIONS.
B. SEWER PUMP STATIONS
1. A construction permit shall not be issued for a sanitary sewer pump station until an
economic analysis proves to the satisfaction of the City that the pump station exhibits
a lower 20-year life cycle cost than extending a gravity sewer to the development.
2. The analysis shall be per latest standard practice for least cost ( life cycle) as developed
by ASTM C1131 and evaluate labor costs, maintenance costs ( including parts
replacements), operation costs and rehabilitation costs. The analysis shall take into
consideration both interest and inflation rates.
3. The following minimum assumptions shall be made when calculating life cycle costs.
a. Pump Station Construction Costs = Actual cost
b. SCADA System = $ 7,500 in 2017 and is subject to annual revision by
the Utilities Director
c. Pump Station Routine O& M labor = 50 hrs/ year @ $ 40/ hr
d. Effective Energy Costs = $ 0.25/kW·hr
e. Interest Rate = 5%
f. Inflation Rate = 3%
2002_ Design_ Sewer 8
g. Replace pumps in year 11
4. In the event that a pump station is more cost effective than gravity sewer, the operation
and maintenance expenses for the pump station must be paid in addition to the monthly
sewer service charges paid by the benefiting customers. The estimated service life shall
be 20 years.
5. If a pump station is more cost effective, the City of Fayetteville reserves the right to
cost share with the developer to pay for a gravity sewer extension in lieu of a pump
station.
1.07 EASEMENTS
A. GENERAL
1. Whenever possible, sanitary sewers shall be constructed within the public right-of-way.
Should the construction be outside the limits of the public right-of-way, recorded sewer
easements shall be acquired, dedicated and recorded solely for the benefit of the City.
Easement boundaries shall be so shown on the plans and specifications as “ Water and
Sewer Easement” in lieu of “ Utility Easement”. Sanitary sewers may be constructed
within “ platted” utility easements if the work is performed in conjunction with a
development approved by the City.
2. The minimum permanent easement widths to be dedicated to the City are as follows:
Depth of Sewer from Finished Grade Easement ( ft)
up to 10 feet 20
10 feet to 20 feet 25
greater than 20 feet 30
3. All sanitary sewers shall be centered in the easement. For those sanitary sewers
constructed in the public right-of-way, the easement shall extend the distance outside
the right-of-way necessary to provide the required easement width. Sewers not centered
in the easements shall have an easement width equal to 1/2 that designated above on
each side of the easement.
4. A minimum 50 foot by 50 foot deeded property shall be provided for all submersible
lift stations with wet wells up to 20 feet deep. Deeds for lift stations with wet wells
greater than 20 foot deep and/ or wet well/ dry pit lift stations shall be handled on a case
by case basis.
5. The sewer easements shall be exclusively under the discretion and control of the City.
Ingress and egress shall be available to the City’ s crews at all times. No utility
companies are allowed to use the sewer easements for installation of their utility lines
without the expressed written permission of the City. All plan sheets shall clearly
identify the sanitary sewer easement and the location of all other proposed utilities.
2002_ Design_ Sewer 9
The horizontal and vertical plans shall identify all utilities proposed to cross the sanitary
sewer easement.
1.08 PROTECTION OF WATER SUPPLIES
A. Comply with Section 2001 1.24.
1.09 STEEL ENCASEMENTS
A. For maintenance purposes, sanitary sewers will be encased in steel encasement pipe wherever
the sanitary sewer crosses significant utilities, significant drainage way( s), or other significant
obstacles as determined by the design provided by the Engineer of Record or as requested by
the designated City engineer.
B. Sewer lines through steel encasement shall be installed with three spacers per joint such that
the spacers are equally spaced along the length of the pipe.
C. Bell restraints shall be used for all joints inside the encasement pipe and for the first joint in
each direction outside the encasement pipe.
D. End Seals shall be used on all encasement pipes. Refer to Section 3400 – Steel Encasement
Pipe.
E. Force mains shall also include joint restraints, blocking and the use of anchor collars as
designed by the Engineer of Record and submitted to the City for review.
2002_ Design_ Sewer 10
1.10 TABLE 1 MINIMUM DESIGN FLOWS
Multifamily/ Commercial/ Industrial/ Institutional:
Gallons Per Person
of Wastewater Per Day
Type of Establishment* Unless Otherwise Noted
1. Institutions other than hospitals 180 – 120
2. Schools ( without gym and showers) 15
3. Schools ( with gyms and showers) 25
4. Organization camps only
a. With showers and handwashing facilities 20 +
b. With toilets, showers and handwashing facilities 40 +
Cooking or central food service included.
5. Campgrounds
a. With individual sewer connections ( per site) 100
b. With community building only ( per site) 50
6. Mobile home parks ( per mobile home park space) 200
7. Motels and hotels ( per room) 100
8. Restaurants along an interstate or major highway; 24-hour 70
operation ( per seat)
9. Restaurants; 24-hour operation ( per seat) 50
10. Restaurants; less than 24-hour operation ( per seat) 35
11. Bars and cocktail lounges ( per seat) 35
12. Bowling alleys ( per alley) 100
13. Places of employment ( does not include industrial waste, per 15-35
employee per shift)
14. Day workers at offices 15
15. Picnic parks and areas 5
16. Drive-in theaters ( per ramp parking space) 7
17. Service stations ( per vehicle served) 10
2002_ Design_ Sewer 11
Gallons Per Person
of Wastewater Per Day
Type of Establishment* Unless Otherwise Noted
18. Swimming pool bathhouse ( per person) 10
19. Private dwelling ( per dwelling) 300
20. Apartments
a. One bedroom ( per apartment) 200
b. Two bedroom or more ( per bedroom) 150
21. Shopping center ( where stores are not known) per square foot 0.45
building area
22. Churches
a. Without kitchen ( per sanctuary seat) 3
b. With kitchen ( per sanctuary seat) 5
23. Beauty salon 35
24. Day care center 20
The flows listed indicate a reasonable approach for the type of establishment referenced.
Additional considerations, including the ADH Rules and Regulations pertaining to Onsite
Wastewater Systems Appendix B or other applicable technical data will be necessary in
some cases.
Source: Section 1200 of the “ Standard Specifications for Design and Construction of Water Lines
and Sewer Lines, 2012 Edition”
2002_ Design_ Sewer 12
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END OF SECTION 2002
2002_ Design_ Sewer 13
SECTION 2003 TRENCH SAFETY/PROTECTIVE SYSTEMS
PART 1 -GENERAL
1.01 WORK INCLUDED
A. Comply with OSHA ( Occupational Safety and Health Administration) Standards 29 CFR
1926 Safety and Health Regulations for Construction Subpart P, Excavations, Standard
1926.650, of the Code of Federal Regulations and as follows.
B. The Contractor is responsible for ensuring that safe working conditions exist and safety
procedures are being followed at the work site. The Contractor is responsible to comply
with all Federal, State and City laws, rules or regulations stated or not stated within these
specifications.
C. If the Contractor is working for any Arkansas public body ( state agency, county,
municipality, school district, or other local tax unit or improvement district), and has
entered into a contact under the provisions of Arkansas Code Title 22. Public Property §§
22-9-202-204, then the engineer and the contractor shall comply with Arkansas Code Title
22. Public Property § 22-9-212 Public improvements generally -Trench or excavation
safety systems.
The requirements include, but are not necessarily not be limited to:
22-9-212. Public improvements generally --Trench or excavation safety systems.
a) Whenever any agency of this state or of any county, municipality, or school
district, or other local taxing unit or improvement district, enters into a contract
covered by the provisions of 22-9-202 --22-9-204 for the making of repairs or
alterations or the erection of buildings or for the making of any other improvements,
or for the construction or improvement of highways, roads, streets, sidewalks,
curbs, gutters, drainage or sewer projects, or for any other construction project in
which the public work or public improvement construction project involves any
trench or excavation which equals or exceeds five feet ( 5') in depth, the agency,
county, municipality, school district, local taxing unit, or improvement district shall
require:
1) That the current edition of Occupational Safety and Health Administration
Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P, be
specifically incorporated into the specifications for the project; and
2) That the contract bid form include a separate pay item for trench or excavation
safety systems to be included in the base bid.
b) In the event a contractor fails to complete a separate pay item in accordance
with the applicable provisions of subsection ( a) of this section, the agency, county,
2003_ Trench_ Safety 1
municipality, school district, local taxing unit, or improvement district shall declare
that the bid fails to comply fully with the provisions of the specifications and bid
documents and will be considered invalid as a nonresponsive bid. The owners of
the above-stated project shall notify the Safety Division of the Department of Labor
of the award of a contract covered by this section.
The engineer and the contractor are responsible for compliance with the latest version of
this Code ( Arkansas Code Title 22. Public Property § 22-9-212 Public improvements
generally -Trench or excavation safety systems).
D. Protective Systems -The Contractor shall design or provide an engineered design, and shall
install, and maintain Protective Systems in strict compliance with OSHA ( Occupational
Safety and Health Administration) Standards 29 CFR 1926 – Construction, of the Code of
Federal Regulations and all other applicable Federal, State, and local requirements.
1.02 29 CFR 1926, SUBPART P, INCORPORATED
A. The current edition of Occupational Safety and Health Administration Standard for
Excavation and Trenches Safety System, 29 CFR 1926, Subpart P, is incorporated by
reference into these Standard specifications.
B. Additional information may be found at:
United states Department of Labor, Occupational Safety and Health Administration,
Regulations ( Standards – 29 CFR) Construction Standard Number 1926 – Safety and
Health Regulations for Construction.
https:// www.osha.gov/pls/oshaweb/ owasrch. search_ form?p_doc_type=STANDARDS& p
toc_level=1& p_keyvalue= 1926
Trenching and Excavation Safety OSHA 2226-10R 2015 Booklet at:
https:// www. osha. gov/ Publications/ osha2226. pdf
END OF SECTION 2003
2003_ Trench_ Safety 2
SECTION 2004 CONFINED SPACES
PART 1 -GENERAL
1.01 WORK INCLUDED
A. Comply with OSHA ( Occupational Safety and Health Administration) Standards 29 CFR
1910 Occupational Safety and Health Standards including Subpart J, General
Environmental Controls Excavations, Standard 1910, including but not limited to 29 CFR
1910.146, Permit-required Confined Spaces of the Code of Federal Regulations and as
follows.
B. The Contractor is responsible for ensuring that safe working conditions exist and safety
procedures are being followed at the work site. The Contractor is responsible to comply
with all Federal, State and City laws, rules or regulations stated or not stated within these
specifications. The Contractor is responsible to notify OSHA of the commencement of all
water or sewer construction.
C. The Contractor is responsible to notify the City Engineer or Utilities Director, and the
Engineer, when personnel are to work in, or near, a Permit-Required Confined Space and
contractor shall coordinate such work with the City Engineer or Utilities Director, and the
Engineer.
D. Contractor shall inform the City Engineer or Utilities Director, and the Engineer, of type
of Permit-Required Confined Space documentation, permit and program used by the
contractor.
E. Contractor shall inform the City Engineer or Utilities Director, and the Engineer, of any
hazards confronted or created in a Permit-Required Confined Space.
F. The Contractor is responsible to notify the City Engineer or Utilities Director, and the
Engineer, when personnel are to work in, or near, a Non-Permit-Required Confined Space
and contractor shall coordinate such work with the City Engineer or Utilities Director, and
the Engineer.
G. Contractor shall inform the City Engineer or Utilities Director, and the Engineer, of type
of Non-Permit-Required Confined Space documentation and program used by the
contractor.
H. Contractor shall inform the City Engineer or Utilities Director, and the Engineer, of any
hazards confronted or created in a Non-Permit-Required Confined Space.
2004_ Confined_ Spaces 1
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END OF SECTION 2004
2004_ Confined_ Spaces 2
SECTION 2005 PUBLIC EMPLOYEES RIGHT TO KNOW ACT
PART 1 -GENERAL
1.01 WORK INCLUDED
A. Comply with OSHA ( Occupational Safety and Health Administration) Standards 29 CFR
1910 Occupational Safety and Health Standards including Subpart H, Hazardous Materials,
Standard 1910. 120, of the Code of Federal Regulations and as follows.
B. Comply with State of Arkansas Act 556 of 1991, Arkansas Code Ann. Sec 8-7-1101 et.
Seq.: Public Employees Chemical Right to Know Act, and as follows.
C. The Contractor is responsible for ensuring that safe working conditions exist and safety
procedures are being followed at the work site. The Contractor is responsible to comply
with all Federal, State and City laws, rules or regulations stated or not stated within these
specifications.
D. The Contractor shall provide to the City Engineer or Utilities Director, and the Engineer, a
list of all hazardous chemicals and a copy of the appropriate Safety Date Sheets ( SDS)
previously aka Material Safety Data Sheets) brought onto the property. This information
is required prior to any work being started.
E. The City will provide to the contractor a list of hazardous chemicals at any City facility
where work is being performed. The locations and SDS information will be provided prior
to any work starting. The contractor is responsible for disseminating this information to
its employees.
2005_ Right_ to_Know 1
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END OF SECTION 2005
2005_ Right_ to_Know 2
SECTION 2006 ASBESTOS PIPE
PART 1 -GENERAL
1.01 WORK INCLUDED
A. If asbestos pipe is indicated on the plans for removal, tapping, connection to or other work,
or if asbestos pipe is discovered on the project site, then the Owner shall have prepared an
asbestos pipe work plan or an asbestos pipe mediation plan. The Owner will submit the
asbestos pipe work plan or an asbestos pipe mediation plan to the City for review and
approval prior to work beginning that includes asbestos pipe.
B. Comply with U.S. Environmental Protection Agency ( EPA) 40 Code of Federal
Regulations ( CFR) Part 61, Subpart M, National Emission Standards for Asbestos.
C. Comply with OSHA ( Occupational Safety and Health Administration) Standards 29 CFR
1926 Safety and Health Regulations for Construction Subpart Z, Toxic and Hazardous
Substances, Standard 1926.1101-Asbestos, of the Code of Federal Regulations and as
follows.
D. Comply with Arkansas Department of Environmental Quality ( ADEQ) regulations
including Regulation 21, The Arkansas Asbestos Abatement Regulation.
When required by ADEQ Regulations, provide the Notice of Intent to remove asbestos to
ADEQ and copy to the City, Owner and Contractor or Engineer of Record.
E. The Contractor is responsible for ensuring that safe working conditions exist and safety
procedures are being followed at the work site. The Contractor is responsible to comply
with all Federal, State and City laws, rules or regulations stated or not stated within these
specifications.
2006_ Asbestos 1
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END OF SECTION 2006
2006_ Asbestos 2
SECTION 2100 EROSION AND SEDIMENT CONTROL
PART 1 – GENERAL
A. All projects shall include erosion and sediment control features.
B. Comply with the published City Engineering regulations and standards and
as follows.
1.01 WORK INCLUDED
A. For Capital Improvement Projects, and other projects where required by Ordinance or
standards, the Engineer shall submit an erosion control plan for the Work to the City for
review and approval.
The Contractor shall accomplish temporary and permanent erosion protection in
accordance with approved plans and project specific specifications, City Ordinances,
manuals and standards, and State and Federal regulations.
City requirements include, but are not limited to:
ITILE XV Unified Development Code ( UDC)
Chapter 167: Tree Preservation and Protection
Chapter 169: Physical Alteration of Land
Chapter 170: Stormwater management, drainage and erosion Control,
Chapter 168: Flood Damage Prevention-section 168.12 Streamside
Protection Code
Streamside Protection Best Management Practices ( BMP) Manual
Drainage Criteria Manual dated July 1, 2014
City of Fayetteville City Engineer’ s office Standard Specifications, Manuals and
Standard Details, City of Fayetteville, are found at:
http://www.fayetteville-ar.gov/445/Engineering-Specs-Details
B. The Contractor is responsible for implementing and maintaining Best Management
Practices ( BMPs) during construction activities, including, but not limited to, sediment and
erosion control structures and achievement of final stabilization upon completion of
construction activities.
C. The Contractor shall be responsible for implementing all applicable requirements of the
ADEQ General Stormwater Permit for Construction Activity, the Spill Prevention Control
and Countermeasures Plan ( SPCCP), as required by USEPA, local Municipal Separate
2100_ Erosion 1
Storm Sewer requirements, and all other environmental regulatory requirements that are
associated with the construction activities that they are contracted to perform. The
Contractor is responsible for managing all materials, equipment, and activities at the work
site in a manner that is in compliance with local, State, and Federal environmental
regulations.
PART 2 – PRODUCTS
2.01 PRODUCTS/ MATERIALS
A. Refer to City of Fayetteville City Engineer’ s office Standard Specifications, Manuals and
Standard Details, City of Fayetteville.
PART 3 – EXECUTION
3.01 TEMPORARY EROSION CONTROL
A. Comply with Section 8.2 Erosion, Runoff and Sediment Controls for Construction Sites,
of the City of Fayetteville Drainage Criteria Manual ( 2014 edition), the City Engineer’ s
office Standard Erosion Control Details and as follows:
B. Water removed from open pits and/ or trenches shall have silt removed prior to leaving the
immediate site of construction. Silt shall be removed by natural vegetation, a straw bale
trench dewatering inlet device, settling pond, filter bag, a rock/ geotextile fabric sediment
trap/ basin, or other appropriate sediment control measure. Water filtered through a basin
shall not violate any water quality standard and shall have efficient sediment/ silt removal
prior to discharging to a waterbody.
C. Contractor shall be responsible for providing adequate number of pumps for prompt and
efficient dewatering. Ends of discharge hoses shall be provided with flow dispersion and
filtration devices to prevent scouring of surface soils, discharge of turbid water, and/ or
washout of stream banks. Discharges from dewatering activities shall not be conveyed into
or upon any roadside ditch, curb and gutter, street or publicly used thoroughfare.
D. The direct discharge of silty/ muddy water to a stream, offsite, or across areas of equipment
access points and/ or construction haul roads is strictly prohibited.
3.02 OTHER CONTROLS
A. A dedicated concrete truck wash out area shall be maintained to include adequate
containment to prevent runoff of concrete truck wash water. Concrete truck drivers shall
be notified to use wash out area.
B. Contractor shall follow the appropriate waste storage and disposal practices, as per
applicable environmental regulatory requirements. Solid waste dumpsters/ roll-offs, or
2100_ Erosion 2
other appropriate waste receptacles will be maintained and used at the site. Good
housekeeping practices will preclude trash, construction wastes, and debris to be dumped
or scattered on the construction site. There shall be no open burning of any waste material.
No solid materials, including building materials, shall be discharged to waters of the State.
C. No liquid waste chemicals, fuels, and/ or oils are to be leaked or spilled on ground surfaces.
Bulk storage of liquid chemical wastes will be provided with secondary containment with
a capacity sufficient to contain the volume of the largest container within the secondary
containment. All waste materials shall be stored in a manner to prevent releases and should
be disposed of by a qualified waste disposal firm at an acceptable waste disposal facility.
Records of the disposal of all solid, hazardous, non-hazardous, and liquid wastes are to be
maintained by the Contractor. Contractor shall notify the Engineer of any spills or leaks
that occur in spite of the preventive measures taken. Contractor will prepare a report of
any spills or leaks in accordance with the reporting and recordkeeping measures described
in the BMPs. No contaminants from fuel storage areas, hazardous waste storage and truck
wash areas shall be discharged to waters of the State. These areas should not be located
near a water body.
D. Contractor shall maintain compliance with applicable State and/ or local sanitary sewer,
septic system, and waste disposal regulations.
E. Off-site vehicle tracking of sediments and the generation of dust must be minimized.
Measures such as stone at construction access points, parking areas, and unpaved roads,
providing entrance wash racks or stations for trucks, and/ or street sweeping shall be
implemented where appropriate. Application of water to construction haul roads should
be done, as appropriate, to control dust generation. Application of excessive levels of water
that create mud should be avoided.
F. The Contractor shall be responsible for maintaining the site and adjoining paved surfaces
in a dust free condition. Fugitive dust control is the sole responsibility of the Contractor.
3.03 PERMANENT EROSION CONTROL
A. The Contractor shall incorporate permanent erosion control features into the project at the
earliest practicable time as the construction progresses all in accordance with the approved
plans and project specifications, City Ordinances, City manuals and standards.
2100_ Erosion 3
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END OF SECTION 2100
2100_ Erosion 4
SECTION 2200 SITE PREPARATION
PART 1 -GENERAL
1.01 WORK INCLUDED
A. Excavation, grading, cutting and removal of trees, shrubs and underbrush, and the removal
of any debris existing above natural ground surface and within the cleared area necessary
for the construction of the improvements.
PART 2 -PRODUCTS
A. Not used
PART 3 -EXECUTION
3.01 GENERAL
A. For Development Projects, the Owner and his contractor are responsible for all costs
incurred by reason of the requirements of this section. For Capital Improvement Projects,
it shall be the responsibility of each bidder to examine the site carefully and make his own
calculations as to costs to be incurred by reason of the requirements of this section.
B. The Contractor shall not remove or disturb any vegetation except that required for the
execution of the work.
C. Trees, shrubs, underbrush and debris removed will be disposed of by the Contractor in a
manner approved by the City.
D. If access roads are required and not indicated on the plans, then the Contractor will be
required to submit a plan for construction of access roads for review and approval by the
Engineer.
3.02 SITE PREPARATION
A. Clear areas as indicated or only as necessary for performance of the work. Confine
operations to that area provided through easements, documented agreements and rights-of-
way.
For Capital Improvement Projects, entrance upon any lands outside of that area provided
by easements or public rights-of-way, shall require documented written approvals with
copies provided by the Contractor to the City.
B. For Capital Improvement Projects, do not occupy any portion of the project site prior to
the date established in the Notice to Proceed without prior approval of the Owner.
2200_ Site_ Prep 1
C. The engineer will notify the contractor of requirements by individual property owners as
stipulated in easement documents pertaining to the project.
D. Remove, relocate, reconstruct or work around natural obstructions, existing facilities and
improvements encountered during site preparation as herein specified. Take care while
performing site preparation work adjacent to facilities intended to remain in place.
Promptly repair damage to existing facilities. Dispose of waste materials in a satisfactory
manner off the work site.
E. Protect, move, or brace public and private utilities as required by the affected utility.
F. Maintain mailboxes in the manner that the Postal Service requires to prevent interruption
of mail delivery.
G. Site preparation includes the removal of trees, shrubs, brush, crops, and other vegetation
within the limits of the easements ( right-of-way), or as may be provided for in licenses,
permits and agreements. For Capital Improvement Projects, all efforts shall be made to
retain existing landscaping. For development projects these requirements will follow the
Owner’ s agreements and City Ordinances and City regulations. In the event that trees,
shrubbery, and hedges cannot be saved, then prior approval of the property owner and the
City’ s Representative must be obtained before the existing landscaping is removed.
1. Trees
a. Comply with Chapter 167: Tree Preservation and Protection of the City’ s
UDC. All trees shall be saved unless removal is approved by the Engineer
and the City. Trim trees in accordance with the City's regulations including
the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
2. Shrubbery
a. Shrubbery shall be saved unless removal is approved by the Engineer and
the City. Make reasonable efforts to save all shrubbery by trimming, in
accordance with acceptable pruning practices, and treating wound surfaces
with a commercial pruning compound.
3. Small Plants and Flowers
a. At least two weeks prior to the start of construction, notify property owners
of the proposed starting date so that the property owners can remove any
small plants or flowers.
4. Protection of Existing Facilities
a. The Contractor shall notify all property owners in the immediate vicinity of
the construction area that may be affected by the construction activities a
minimum of 24-hours before starting work in that area. The notification
2200_ Site_ Prep 2
shall include a description of the work, work hours, and
name and number for the contractor.
a 24-hour contact
b. Fences interfering with construction, and located within public rights-of-
way or as may be allowed for in permits or agreements, may be removed
only if the opening is provided with a temporary gate which will be
maintained in a closed position except to permit passage of equipment and
vehicles, unless otherwise herein specified. Fences within temporary
construction easements may be removed provided that temporary fencing is
installed in such a manner as to serve the purpose of the fencing removed.
c. Fencing removed shall be restored or replaced to the condition existing prior
to construction unless otherwise specified. Temporary fencing meeting the
requirements of the land owner will be provided when requested by the land
owner, Engineer or Owner. The Contractor is solely liable for the straying
of any animals protected or corralled, or other damage caused by any fence
so removed.
d. Driveways and driveway approaches removed or damaged
construction shall be restored to the original or better condition.
during
e. Make every reasonable effort to protect private
sewer facilities may not be shown on the Plans.
sewer facilities. Private
f. Preserve property corners, pins and markers. In the event any property
corners, pins, or markers are removed by the Contractor, such property
points shall be replaced at the Contractor' s expense and shall be re-set by
competent surveyors properly licensed to do such work. In the event such
points are section corners or Federal land corners, they shall be referenced
and filed with the appropriate authority.
g. Where existing utilities and service lines are encountered, notify the owner
thereof at least 48 hours ( not including weekends and/ or holidays) in
advance of performing any work in the vicinity.
h. Excavate, install pipeline and backfill in the vicinity of such utilities in the
manner required by the respective owner and, if requested, under his direct
supervision. The Contractor shall be responsible for damages to a public or
private utility that may occur as the result of the construction.
i. Protect, move,
affected utility.
or brace public and private utilities as required by the
j. Make a reasonable effort to ascertain the existence of obstructions and
locate obstructions by digging in advance of machine excavation where
definite information is not available as to their exact location. Where such
2200_ Site_ Prep 3
facilities are unexpectedly encountered and damaged, notify responsible
officials and other affected parties and arrange for the prompt repair and
restoration of service.
END OF SECTION 2200
2200_ Site_ Prep 4
SECTION 2300 EXCAVATION, BACKFILLING AND COMPACTION
PART 1 -GENERAL
1.01 WORK INCLUDED
A. Excavation, backfilling, and compaction for water lines, sewer lines, appurtenances, and
incidental construction.
1.02 GENERAL
A. Comply with the recommendations of AWWA C600 and AWWAC605 latest editions,
except as modified or limited within these specifications.
1.03 QUALITY ASSURANCE
A. When requested by the City’ s designated engineer, the Engineer of Record will provide:
1. One moisture/ density relationship test ( AASHTO T-99, or AASHTO T-180) taken at
the beginning of the project, and one additional moisture/ density relationship test taken for
every 5,000 cubic yards of imported material.
2. The field density of adjacent undisturbed soil in accordance with ASTM D2922
Standard Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods,
Shallow Depth) locations as determined by the City.
3. A minimum of one density test per street crossing and/ or one density test per 500 lineal
feet of pipe or portion thereof when the pipe is located in the street, under pavement, under
the curb and gutter, under sidewalks or trails or other locations as determined by the City.
4. Other project specific tests as required by supplemental specifications provided by the
Engineer of Record.
B. Provide submittals as specified or as requested by the City’ s designated engineer.
1.04 UTILITIES PROTECTION
A. The Work included in this Project may require excavation and related activities in close
proximity to existing buried and aerial utility lines and facilities, such as water lines, sewer
lines, storm drains, natural gas lines, electrical power lines, telephone cables, and TV
cables. Where their presence is known, the approximate location of such utilities is shown
on the Drawings, but all such utilities and individual service lines are not shown. The
Contractor shall be aware of the potential for such utility lines to conflict with intended
construction efforts, and the Contractor shall use appropriate precautionary measures to
locate and protect such utility lines and services so as to avoid damage and interruptions to
2300_ Excavation 1
service.
B. The Contractor shall contact the owners of the various existing utilities lines and services
as may be affected by the construction and solicit their assistance in identifying, locating,
marking, and protecting these facilities prior to the beginning of any excavation or other
work which might endanger the existing utilities. If such utilities are damaged or impaired
because of the Contractor' s actions or omissions, the Contractor shall be responsible for the
cost of repairs or replacements of the affected or damaged utility or service line.
C. The Contractor shall comply with the “ Arkansas Underground Facilities Damage
Prevention Act” including latest amendments, the Arkansas One-Call System, and shall
alert potentially conflicting utility systems accordingly.
D. The Contractor is responsible for protecting public and private property. The Contractor
is responsible for the Contractor’ s safety plan and implementation.
1.05 SEDIMENT CONTROL
A. The Contractor shall be responsible for all sediment control in accordance with Section
2100 – Erosion and Sediment Control.
B. The Contractor shall be responsible for maintaining the site and adjoining properties and
adjoining paved surfaces in a dust free condition.
PART 2 – PRODUCTS
2.01 FOUNDATION MATERIALS
A. Foundation materials for trench over excavation shall be Class 7 Aggregate Base Course
ABC), “ B” stone with class 7 aggregate cap, or concrete as designed by the Engineer of
Record.
2.02 EMBEDMENT MATERIALS
A. Embedment materials are restricted to materials specified below. The Engineer of Record
shall provide as a submittal the gradation sieve analysis of the embedment materials
proposed for each specific project.
B. Without regard to the pipe material, all embedment materials include: bedding, pipe zone
including haunching), and initial backfill from six (6) inches below the bottom of the pipe
to six (6) inches above the top of the pipe the full trench width with a minimum of six (6)
inches of embedment materials all around the exterior of the pipe.
C. Special design considerations, including supplemental trench drains, geotechnical fabric,
and/ or specific aggregate, and/ or filter gradations as recommended in AWWA C605 and
2300_ Excavation 2
ASTM D2321 may be required to prevent migration of embedment particles. The Engineer
of Record is responsible to design the embedment system as needed for the specific project.
D. Embedment materials for water lines. The maximum aggregate size shall
be 3/4 inch. The Engineer of Record will design the installation using embedment
materials as ASTM C33 gradation # 7 or ASTM C33 gradation 67 as modified and
described below:
1. Crushed aggregate conforming to ASTM C 33, gradation 7 as follows:
ASTM gradation Size 7 (not class 7)
Crushed aggregate sized from nominal 1/2 inch to No. 8 sieves:
100 percent passing the 3/4 inch sieve
90 to 100 percent passing the 1/2 inch sieve
40 to 70 percent passing the 3/8 inch sieve
0 to 15 percent passing the No. 4 sieve
0 to 5 percent passing the No 8 sieve
2. Crushed aggregate conforming to the ASTM C 33, gradation 67 and as follows:
Crushed aggregate sized from maximum 3/4 inch to No. 8 sieves:
100 percent passing the 3/4 inch sieve ( maximum aggregate size 3/4 inch)
20 to 55 percent passing the 3/8 inch sieve
0 to 10 percent passing the No. 4 sieve
0 to 5 percent passing the No 8 sieve
The required modification of the ASTM C 33, gradation 67 is the clarification and
potential additional requirement of 100 percent passing the 3/4 inch sieve. Some
aggregate suppliers for Fayetteville projects are currently meeting this requirement
maximum, not nominal, aggregate size 3/4 inch) as required in the 2012 Standard
Specifications.
D. Embedment materials for sewer lines shall be a Class I crushed aggregate material in
accordance with ASTM D2321 meeting the gradation requirements of ASTM C 33,
gradation 7 as specified above for water lines, or the same crushed aggregate material
conforming to a modification of the ASTM C 33, gradation 67 as specified above for water
lines, or ASTM Class 67 stone. The Engineer of Reocrd is responsible to design the
embedment and to verify the proper use of embedment materials for water and sewer
installation.
2.03 BACKFILL MATERIALS
2300_ Excavation 3
A. AGGREGATE MATERIAL
Aggregate material for select backfill across streets, roads, driveways, and for placement
of " gravel" or aggregate surfaced areas, shall be Class 7 Aggregate Base Course ( ABC)
material conforming to the Standard Specifications of the Arkansas Highway &
Transportation Department, latest edition.
B. SELECT NATIVE BACKFILL MATERIAL
Select native material shall be suitable on-site materials or imported good earth, sand, or
gravel that is free from large rocks or hard lumpy materials. Never use materials of
perishable, frozen, spongy or otherwise unsuitable nature as select material.
Initial backfill when consisting of select native materials, shall be free of rocks, stones or
particles greater than 3 inches in diameter.
C. FLOWABLE SELECT MATERIAL
Flowable select materials, aka flowable fill or controlled low strength materials, for select
backfill where indicated on plans across streets, roads, and driveways shall be Flowable
Select Material conforming to the Standard Specifications of the Arkansas Highway &
Transportation Department, latest edition.
D. CHERTY RED CLAY aka “ HILLSIDE”
Locally available red clay chert material with a minimum of 55 percent retained on the # 4
sieve prior to compaction, CBR of eight or greater and classified as GM or GC. The
Engineer of Record shall provide as a submittal the geotechnical analysis of the proposed
Hillside” cherty red clay material for each specific project.
E. RIPRAP
1. Riprap material is not permitted as a Standard Specification.
2. Riprap material will be considered on specific case by case basis and in
accordance with Sections 1000 General Conditions.
3. Riprap material, if approved, shall be designed in accordance with the City of
Fayetteville Drainage Criteria Manual dated July 1, 2014.
PART 3 – EXECUTION
3.01 PROTECTIVE SYSTEMS -EXCAVATIONS AND TRENCHES
2300_ Excavation 4
A. Comply with all Federal, State and Local requirements.
B. Comply with the requirements as specified elsewhere with these Specifications.
C. The Contractor is responsible for the Contractor’ s safety plan and implementation.
3.02 EXCAVATION -GENERAL
A. Excavation shall be carried accurately to the line and grade indicated on the drawings and
as established by the Engineer.
B. When the bottom of the excavation is at subgrade and found to be unstable or includes
ashes, refuse or other organic materials, or large pieces of inorganic material, that in the
judgement of the engineer should be removed, the contractor will remove all such material
over-excavate) to the extent required by the engineer.
Over-excavation will be backfilled with foundations materials per 2.01 B and as directed
by the engineer.
C. Dewater all excavations as required and as follows:
1. Comply with Section 2100 EROSION AND SEDIMENT CONTROL.
2. Prevent groundwater contamination.
3. Dewater to the extent that water or sewer pipe can be placed on a dry and firm trench
bottom. Never place pipe in a wet or unstable trench.
4. When requested by the City, the Contractor, or the Engineer of Record, will provide a
dewatering plan based upon the Engineer of Record’ s dewatering engineered design.
3.03 DISPOSAL OF EXCAVATED MATERIALS
A. The Contractor shall be responsible for disposal of excess material, or disposal of
excavated material unsuitable for backfilling.
B. Disposal of excess material on private property shall only be allowed with written
permission of the owner of the property. A copy of the written permission must be
forwarded to the Engineer along with any permits as may be required by the governing
authority, city or county. Grading permits are required for any disposal within the City of
Fayetteville city limits.
3.04 EXPLOSIVES
A. The use of explosives/ blasting materials is not permitted as a Standard Specification.
B. The use of explosives will be considered only on specific case by case basis in accordance
with Section 1000 General Conditions. Approval will be project specific and requires
approval from both the Utilities Director, Fire Chief and the designated City engineer.
2300_ Excavation 5
3.05 EXCAVATION – TRENCHES
A. Trench For Water or Sewer Line -During excavation, all pipe to be replaced shall be
properly removed and properly disposed of offsite at a suitable landfill. Trench excavation
for water or sewer lines shall be kept within the maximum width limits specified below.
The specified maximum trench width from the bottom of the trench to 24-inches above the
outside top of the pipe shall not be exceeded unless authorized by the Engineer.
Refer also to SECTION 2006 ASBESTOS PIPE.
B. Trench For Water or Sewer Line in Paved Area additional requirements – Prior to
excavation in paved areas, the Contractor shall saw-cut ( or other acceptable method
approved by the Engineer) the existing pavement to minimize the destruction of the
existing pavement outside the limits of the trench. The maximum trench width for the
installation of water or sewer lines, up to 12-inches in diameter, in paved areas shall not
exceed 36-inches without written approval from Engineer. The pavement shall be repaired
in accordance with Section 6000 – Pavement Repair. Contractor is responsible for damage
to paved areas by construction equipment outside the limits of trench excavation.
C. The bottom of the trench shall be prepared to provide a uniform and continuous bearing
and support for the pipe on solid or compacted soil. Further, shallow depressions shall be
made in the trench bottom to accommodate bellends. It is a requirement for bell or coupling
holes to be excavated where no part of the load is supported bells couplings or fittings.
D. Standard Trench Widths:
Refer to the Standard details prepared by the City of Fayetteville Engineering Division.
Minimum Maximum
Outside pipe diameter + 12 inches Outside pipe diameter + 24 inches
Notes:
1) Pipe diameters larger than 24 inches may require specific project trench design
2) Site specific soil conditions may require specific project trench design
3) Trench widths may vary per specific project trench design to comply with
Section 2003 TRENCH SAFETY/ PROTECTIVE SYSTEMS
E. Unless approved otherwise by the designated City engineer, limit trench excavation to one
hundred ( 100) feet ahead of the completed pipe work and backfill. The City, or the
Engineer of Record, may lower this limit in traffic or congested areas.
3.06 EMBEDMENT AND BACKFILLING -GENERAL
A. Install all water and sewer pipe using approved embedment materials only.
2300_ Excavation 6
B. Structure foundation subbase or structure concrete sub-foundations require project
specific design.
C. Backfilling includes refilling and compacting the fill in the excavation to the elevations
indicated. Backfilling includes initial back fill, final backfill and surface materials.
D. All backfill shall be placed in layers of appropriate thickness and compacted using a
mechanical, hydraulically-powered vibratory trench compactor or other equivalent
equipment.
E. Unless designed otherwise by the Engineer of Record, use select native materials for
backfilling in unpaved areas ( only).
F. Where trenches are to be located beneath existing or proposed streets, drives, and parking
areas, all backfilling procedures shall be in accordance with the Standard details prepared
by the City of Fayetteville Engineering Division.
G. Compaction testing will be provided by the contractor utilizing an independent testing
agency approved by the City.
3.07 EMBEDMENT AND BACKFILLING PIPE ADDITIONAL REQIREMENTS
A. A continuous and uniform embedment shall be provided in the trench for buried pipe.
Embedment materials shall be tamped in layers around the pipe and to a sufficient height
above the pipe to adequately support and protect the pipe.
B. Install embedment materials in no greater than eight ( 8) inch compacted lifts. Install
embedment materials from six ( 6) inches below the bottom of the pipe to six ( 6) inches
above the top of the pipe. Shovel slice bedding beneath the pipe haunches.
C. Unless approved otherwise by the designated City engineer, compact all embedment
material to a minimum density of 90% standard proctor as outlined in AASHTO T-99.
D. Unless designed otherwise by the Engineer of Record for deep bury/ installation the tracer
wire will be installed on top of the pipe to a maximum of six ( 6) inches above the top of
pipe.
E. Pipe marking tape shall be provided in all trenches for water or sewer line construction.
Installation shall be per manufacturer' s recommendations and shall be as close as practical
to finished grade while maintaining a required minimum of 18 inches between the marking
tape and the top of any pipe line.
F. Provide a minimum cover of thirty-six (36) inches over the top of sewer pipe.
G. Provide the following cover for water pipe:
2300_ Excavation 7
1. Minimum depth to the top of pipe for all water main lines less than 12-inches
diameter shall be 3.0 feet.
2. Minimum depth to the top of pipe for water lines 12 – inches diameter and greater
shall be 4.0 feet.
3. Maximum water line cover shall be 5.0 feet under normal conditions. Cover greater
than 5.0 feet shall be allowed for short distances where required by field conditions
and approved by the City.
4. Minimum depth of all water service lines from the main to the water meter shall be
30-inches.
H. The maximum depth of bury for PVC pipe as a standard specification is sixteen ( 16) feet.
Any depths of bury greater than sixteen ( 16) feet require project specific design by the
Engineer of Record or the use of ductile iron pipe.
I. Install pipe in accordance with Section 3100 and Section 4100.
J. Backfill and compact the excavation.
K. Maintain all temporary surfaces in good condition until permanent repairs are complete.
3.08 MISCELLANEOUS STRUCTURES
A. Excavate a sufficient distance from walls and footings to allow for forms, protective
systems and observation.
B. Backfill as indicated on Standard details prepared by the City of Fayetteville Engineering
Division or project specific drawings.
3.09 BORES/ PIPE BORING
A. Bores, pipe boring, pipe jacking and similar installations of encasement and carrier pipes
are indicated in SECTION 3400 BORES AND STEEL ENCASEMENT PIPE.
END OF SECTION 2300
2300_ Excavation 8
SECTION 2400 GENERAL INSTALLATION INFORMATION AND PROCEDURE
1.01 GENERAL
A. Before installation of pipe and appurtenances, the trench bottom shall be graded so uniform
support of the pipe and appurtenances are provided per Section 2300 Excavation,
Backfilling and Compaction.
B. Comply with the recommendations of AWWA C600 and AWWAC605 latest editions,
except as modified, limited and/ or further specified within these specifications.
C. Additional sewer specific and water specific requirements are found in Sections 3100 and
4100 respectfully.
1.02 HANDLING PIPE MATERIALS
A. The Contractor shall handle the material with the utmost care and in a manner to prevent
damage to the materials, material coating and lining during loading, hauling, unloading,
and installation operations. Hooks, chains, or cables shall not come into contact with the
exterior/ interior of pipeline materials. It is recommended to use approved nylon straps or
approved clamps to handle pipeline material. Material damaged shall be replaced at the
contractor’ s expense.
B. Hooks shall not be in contact with the pipe interior and to the extent possible the interior
of the pipeline materials shall be kept free from dirt and foreign matter.
C. Pipeline materials, including valves, hydrants and fittings shall be drained and stored in a
manner to protect them from damage by freezing. Under no circumstances shall pipe or
accessories be dropped or dumped into the trench.
D. Proper implements, tool and facilities shall be provided and used by the Contractor for the
safe execution of the work.
E. All foreign matter or dirt shall be removed from the inside of the pipe and appurtenances
before lowering into the trench and the pipe interior shall be kept clean during and after
laying. A swab shall be kept in the water line as long as the pipe is being laid. Care shall
be taken to prevent dirt from entering the joint space. When pipe laying is not in progress,
the open ends of the pipe shall be closed by installing a plug or cap of sufficient design to
prevent trench water, foreign matter and dirt from entering the pipe.
F. Cutting of pipe for inserting valves, fittings or closure pieces shall be done in a neat and
workman like manner without damage to the pipe or pipe lining. Torch cutting is not
permitted. All pipe shall be cut at 90 degrees to the pipe centerline. Cutting at other angles
to provide greater deflections at joints shall not be permitted. Field welding or welding
except by the pipe manufacture shall not be permitted.
2400_ General_ Installation 1
G. Cut ends shall be beveled according to the manufacturer’ s recommendation to prevent damage
to the bell gasket.
1.03 PIPE INSTALLATION -GENERAL
A. Install PVC pipe and DIP as recommended by the manufacturer and as follows.
B. Inspect each joint of pipe carefully internally and externally before it is placed in the trench.
Plainly mark and separate from the remaining pipe any joint found to be cracked, warped, or
otherwise damaged. Remove these damaged joints from the project site as soon as possible.
C. Unless otherwise designed by the Engineer of Record and approved by the City, all pipe
shall be laid with bell ends facing the direction of progress such that spigots are pushed
into bells, not bells pushed onto spigots; and for lines on appreciable slopes, bells shall face
upgrade.
D. No pipe shall be laid in water, or when the trench condition or the weather is unsuitable for
such work.
E. The pipe, fittings, valves, fire hydrants, meter boxes, manholes and other appurtenances shall
be constructed to conform to the location, line size and material and grades specified or
indicated on the approved plans.
F. When necessary to deflect PVC pipe from a straight line in either the horizontal or vertical
plan to avoid obstructions, the pipe may be deflected in the joint the least of the
manufacturer’ s recommendations, or a maximum of one degree ( 1°) ( equal to 4 inches per
20 feet).
G. When necessary to deflect DIP pipe from a straight line in either the horizontal or vertical
plan to avoid obstructions, the pipe may be deflected in the joint the least of the
manufacturer’ s recommendations, or a maximum of three degree ( 3°) ( equal to 12 inches
per 20 feet).
H. Pipe barrel bending shall not be allowed.
I. All buried iron pipes, valves, and fittings shall be double poly wrapped.
J. Valves and fire hydrants shall be set with operating stem and nut plumb.
1.04 JOINTING PVC AND DUCTILE IRON PIPE AND FITTINGS
A. Make all pipe joints in strict accordance with the manufacturer' s recommendation and as
follows for the particular type of connection. Make all joints watertight in accordance with
the latest ASTM Standards.
2400_ General_ Installation 2
B. Prior to jointing the pipe, and/ or fittings, the plain ends of the pipe and the bells of the pipe
and fittings shall be thoroughly cleaned using a soapy water and cloth or brush, removing
all foreign materials from the bells, especially the gasket seats. Any burrs or imperfections
in that part of the plain end or bell, which will be in contact with the gasket, shall be
removed.
C. The clean rubber gasket shall be inserted in the bell and a thin film of lubricant shall be
applied per the manufacturer’ s recommendations. Pipe lubricants specified by the pipe
manufacturer shall be used. For water lines the contractor shall lubricate the gaskets and/or
spigots with the manufacturer’ s recommended and NSF-61 approved lubricant.
D. The cleaned plain end shall initially be entered into the bell straight. The plain end shall be
pushed inside the gasket and bell until it strikes the end of the interior if the bell, after which
the end of the pipe will be moved sideways or as specified by the manufacturer’ s requirements
to move the pipe slightly away from the home position to allow for expansion and to provide
flexibility for the complete pipeline.
E. When connecting the pipe or fittings according to manufacturer’ s requirements, care shall
be taken to avoid damage to where the pushing device or machine contacts the pipe. A
wood block or suitable pad shall be placed between the pipe and that part of the pushing
device which contacts the pipe or fitting.
F. All plain ends that enter a push-on bell shall be beveled as specified by manufacturer
requirements. All cut pieces or ends of pipe of other classifications shall be so beveled.
G. All buried iron pipes, valves, and fittings shall be double poly wrapped.
1.05 JOINTING FLANGED PIPE AND FITTINGS
A. The faces of all flanges shall be thoroughly cleaned and all burrs or imperfections removed
with a steel brush.
B. Surface coating or lining touch up shall be provided to match original coating or lining.
C. Gaskets shall be AWWA approved of 1/16 inch minimum thickness.
D. All bolts and nuts shall be cleaned and lubricated prior to tightening. Bolts on opposite
sides shall be tightened alternatively to the torque recommended by the manufacturer.
1.06 JOINTING MECHANICAL JOINT PIPE AND FITTINGS
A. Comply with AWWA C600 Table I latest edition and the manufacturer’ s
recommendations.
2400_ General_ Installation 3
The range of torque for pipe size and bolt size varies per application. The Engineer of
Record shall furnished to the City as a submittal the project specific materials used and the
range of torque required for the assembly and materials.
The AWWA C600 Table 1 Mechanical-joint bolt torque includes:
Joint Size Bolt Size Range of Torque
In. In. ft-lbs
3 5/8 45-60
4-24 3/4 75-90
30-36 1 100-120
42-48 1 1/4 120-150
B. The spigot end of the pipe, the bell of the connecting pipe, and the rubber gasket shall be
thoroughly cleaned using soapy water and cloth, removing all foreign materials from the bells,
especially the gasket seats as specified for push-on joints. Clean the gland in a similar manner.
An approved pipe lubricant shall be applied to the spigot end of the pipe and the gasket.
C. After the gland and gasket are placed on the spigot end of the pipe, a sufficient distance from
the end to avoid fouling the bell, insert the spigot end in the fitting bell to the point of firm
contact with the bell shoulder. Then advance the rubber gasket into the bell and seat in the
gasket seat. Hammering the gasket into the seat is not permitted. Exercise care to center the
spigot end within the bell. Bring the gland into contact with the gasket, enter all bolts, and
make all nuts hand tight. Exercise continued care to keep the spigot centered in the bell.
D. Make the joints tight by turning the nuts with a torque wrench: First partially tighten a nut,
then partially tighten the nut 180 degrees away from it. Work around the pipe with uniformly
applied tension until the required torque is applied to all nuts.
E. The Contractor shall provide a torque wrench suitable for measuring tension on bolts.
F. Proper actuation of the gripping wedges for restraining glands shall be ensured with torque
limiting twist off nuts. Tightening sequence shall be as follows. First partially tighten a nut,
then partially tighten the nut 180 degrees away from it. Work around the pipe with uniformly
applied tension until the required torque is applied to all nuts. Failure to follow proper the
proper tightening sequence will result in the disassembly of the joint, removal of the current
restraining gland, and installation of a new restraining gland. Any damage to PVC pipe shall
be removed as well.
G. All buried iron pipes, valves, and fittings shall be double poly wrapped.
H. The rubber gasket and joint bolts of mechanical joint retainer glands shall be installed in
accordance with the above section. Set screws shall be tightened evenly to approximately
75 ft-lbs or as recommended by the manufacturer.
1.07 TRACER WIRE
2400_ General_ Installation 4
A. Comply with Arkansas Law Section § 14-271-111 ( a)(2) which includes: “In addition to
the foregoing, all underground facilities installed after January 1, 1996, shall be
permanently marked with tracing wires of appropriate durability or in other manner
which will enable the operator to trace the specific course of the underground facility.”,
and as follows:
B. Tracer wire shall be installed on all buried pipelines including water mains, water leads
and water service lines without regard to pipe material. Tracer wire shall be installed on
all buried sewer gravity mains, sewer force mains and gravity or pressure sewer
services/ sewer laterals without regard to pipe material.
C. Unless designed otherwise by the Engineer of Record for deep bury/ installation the tracer
wire shall be installed directly on, to 6-inches above, the top of the pipe for sanitary
sewer and 6-inches above pipe for waterlines.
D. As designed by the Engineer of Record and approved by the designated City engineer or
Utilities Director, the tracer wire will terminate and/ or connect at:
1. An approved site specific application tracer wire box as manufactured by
Copperhead Industries, LLC. or approved equal or,
2. Interior to sewer manhole, passing just below the frame or,
3. Terminate in a valve box as designed by the Engineer of Record and approved
by the designated City engineer or Utilities Director.
E. Unless approved otherwise by the Engineer of Record and the City’ s designated engineer,
all tracer wire installation will include a grounding anode at the termination and/ or
connection locations.
1.08 MARKING TAPE
A. Marking tape shall be installed on all buried water or sewer pipelines without regard to
pipe material. This includes gravity sewer mains, sewer force mains, gravity sewer
laterals, water mains and water services.
1. Marking tape shall be installed 18-inches above the top of pipe.
1.09 CONCRETE MITIGATION DAM
A. Water and sanitary sewer designs shall include the effects of the trench functioning as
drainage or groundwater conveyance.
Where indicated on the approved plans, or determined by the Engineer in the field, concrete
dams or concrete dams with slotted drainage pipe will be constructed at each connection
location of new sewer pipe to the existing sewer system. Concrete dams with, or without
slotted drainage pipe will be provided to help control the migration of groundwater from
the new sewer trench to the exiting sewer system or adjacent property.
2400_ General_ Installation 5
Concrete dams shall be constructed in the sewer trench, outside the limits of excavation for
manholes. Slotted drainage pipe where used will terminate in an approved drainage
conveyance.
B. Hand excavate around the sewer pipe into undisturbed earth a minimum of six inches into
bottom of the trench and the trench wall perpendicular to the pipe. The hand excavated
void around the pipe shall be filled with concrete and a form shall be used to hold the
concrete in place. The form may be left in place after backfilling and restoration. The
concrete dam shall be 8-inches thick, non-reinforced and extend to the elevation indicated
on the approved plans.
C. Slotted drainage pipe (“ trench drains) shall also be provided at concrete dams or low points
from the bedding to defined drainage when required by the City.
1.10 INSTALLATION OF POLYETHYLENE PROTECTION MATERIAL
A. Comply with the recommendations of AWWA C105 latest edition and as follows.
B. Two layers (“ double wrapped”) of polyethylene material minimum 8 mils thickness, either in
tubing form or in the form of flat sheet or rolls shall be placed around all buried mechanical
joints of pipe and fittings, valves, fire hydrants, and all saddles, sleeves, and couplings, tapping
saddles, and any other appurtenance with exposed bolts. Any and all iron or steel components
installed below ground shall be wrapped with the polyethylene material.
Tape for field taping of polywrapped pipe, fittings, etc. or field repair of missing
polyethylene encasement material shall be Polyken # 900, Scotchrap # 50 or equal. Each of
the two polywrap layers shall be independently taped.
C. Ductile iron and steel pipe and appurtenances shall be completely encased in polyethylene
tubing material. It is not the intent that the material form an enclosure that is absolutely air or
water tight, but to prevent pipe to soil contact.
D. All tongs, cables, or chains that are used for lifting pipe and appurtenances that have been
encased in polyethylene material shall be adequately padded to prevent damage to the
material.
E. Repair any rips, punctures, or other damage to the polyethylene with tape or with a short
length of polyethylene tube cut open, wrapped around the pipe and secured in place.
F. Polyethylene material shall be stored on the job site in such a manner that it is not exposed to
direct sunlight. Exposure during installation shall not exceed forty-eight ( 48) hours.
G. Backfill material shall be the same as specified for pipe without polyethylene wrapping.
Special care shall be taken to prevent damage to the polyethylene wrapping when placing
backfill. Backfill material shall be free from cinders, refuse, boulders, rocks, stones, and/ or
other material that could damage polyethylene.
2400_ General_ Installation 6
END OF SECTION 2400
2400_ General_ Installation 7
SECTION 3000 SEWER PIPE, FITTINGS AND MATERIALS
1
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This section covers pipe, pipe joints, and fittings and other materials for sanitary sewer
pipelines and sewer service lines.
B. Use only pipe, fittings, adapters and appurtenances approved by the City of Fayetteville.
C. Use bends, tees, plugs, wyes, or other approved fittings constructed from the same material
as the pipe in which they are installed. Use only standard, approved fittings.
D. The Standard Specification includes pipe and fitting in diameters up to and including 18-inch
diameter. Pipe and fittings for nominal pipe diameters/ sizes greater than 18-inch are not a
Standard Specification. Projects including pipe and fittings for nominal pipe sizes greater than
18-inch will be considered on specific case by case basis in accordance with Section 1000
General Requirements.
1.02 SUBMITTALS
A. Use of materials other than those specifically listed below is prohibited.
B. Submit the manufacturer' s certificate that the materials meet with these Specification
requirements including material testing requirements.
PART 2 – PRODUCTS/ MATERIALS
2.01 PROHIBITED PIPE MATERIALS
A. The following materials are specifically forbidden for use either in city sewers or service lines:
1. Asphalt impregnated fiber tube pipe.
2. Clay pipe.
3. Concrete pipe.
4. Open profile PVC pipe as defined in ASTM F794.
5. “ No Hub” cast iron soil pipe or other non bell and spigot pipe.
2.02 SERVICE LINES AND FITTINGS
A. Service lines shall typically be four (4) inches in diameter PVC pipe and PVC fittings. Six
6) inch PVC services may be approved when constructed to the same standards as sewer
main lines.
3000_ Sewer_ Materials 1
B. Four ( 4) inch PVC pipe and PVC fittings for service lines shall be SCH 40, glue joints, and
shall be completely bedded as required for larger diameter PVC pipe.
2.03 CLEANOUTS
A. Cleanouts shall be two-way opposing, SCH 40 PVC “ Memphis Code” style. The riser pipe
shall be topped off with a screw type plug.
B. Cleanouts shall not be installed in areas of surface depressions or features that pond water.
C. All cleanouts installed in asphalt or concrete shall be protected by a cast iron short bodied
valve box, Model 70 as manufactured by East Jordan Iron Works.
All cleanouts installed in areas other than asphalt or concrete including but not limited to lawn
areas, will have the cleanout and cap protected from damage by a cast iron short bodied valve
box, meter box or other method approved by Utilities Director.
D. On a case-by-case basis, the City may require a 6-inch thick, 24-inch square concrete collar
to be poured around a sewer cleanout for protection in greenspaces.
E. On a case-by-case basis, the City may require a below-grade cleanout with protective vault
Utility Defender or approved equal).
2.04 POLYVINYL CHLORIDE (PVC) GRAVITY SEWER PIPE (Solid Wall)
A. PVC pipe for gravity sewer mains or force mains shall be green in color and imprinted with
SEWER”.
B. Pipe fifteen ( 15) inches in diameter and less: conform to ASTM D 3034. Maximum standard
dimension ratio (SDR) shall be twenty six (SDR 26).
C. Pipe greater than ( 15) inches in diameter: conform to the requirements of ASTM F 679 with
pipe stiffness designed for the specific site and project. Sanitary sewer larger than 15 inch
diameter requires specific review and approval from the City.
D. Joint connections for internal or external pressure less than 25-ft head: push on, flexible
watertight elastomeric gaskets conforming to ASTM D 3212. Joint connections for internal
or external pressure equal to or greater than 25-ft head require specific project design and City
approval.
E. Marking In addition to “ SEWER” provide: The date of manufacture, class of pipe,
specification designation, size of pipe, name or trademark of manufacturer, and identification
of plant/ location shall be legibly marked on the outside of each pipe section in accordance
with the ASTM D-3034.
F. Minimum length of a cut section of pipe shall be 5 feet.
3000_ Sewer_ Materials 2
2.05 DUCTILE IRON PIPE FOR GRAVITY MAINS
A. Gravity Sanitary Sewer ASTM A 746: Ductile Iron Pipe Gravity Sewer Pipe
B. Minimum Pressure Class shall be as follows:
1. 18-inch and smaller 350 psi
2. 24-inch 250 psi
3. 30-inch and greater 200 psi
C. Joint connections, pipe and fittings:
1. Push on and mechanical rubber gasket joints: ANSI/AWWA C111/A21.11.
2. Flanged: ANSI/AWWA C115/A21.15, ANSI B16.1.
3. Grooved and shouldered ANSI/ AWWA C606.
D. Weights and Marking: Weights of pipe and fittings shall conform strictly to the
requirements of ANSI Specifications. The class designations for the various classes of
pipe and fittings shall be cast onto fittings in raised numerals, and cast or stamped on the
outside of each joint of pipe. Weights shall be plainly and conspicuously painted in white
on the outside of each joint of pipe and each fitting after the exterior coating has hardened.
E. Corrosion Control:
1. Interior:
All Ductile Iron Pipe and fittings used for sewer shall have an epoxy ceramic interior
protective lining and exterior protective coating. The ceramic epoxy lining will be Tnemec
Series 431 Perma-Shield, or Protecto 401 as determined by the Engineer of Record and
approved by the City for the specific project.
2. Exterior:
Where requested by the City, or indicated in the specific design by the Engineer, all Ductile
Iron Pipe and fittings used for sewer shall have in addition the interior ceramic epoxy lining
an ceramic epoxy exterior coating meeting the same requirements of the ceramic epoxy
interior protective lining, Tnemec Series 431 Perma-Shield, or Protecto 401 as determined
by the Engineer of Record and approved by the City for the specific project.
Ductile Iron Pipe and fittings not required to have an epoxy ceramic exterior coating shall be
supplied with manufacturer’ s standard 1 mil thickness asphaltic exterior coating per
ANSI/AWWA C151/A21.51. Per the Ductile Iron Pipe Research Association ( DIPRA) the
1 mil asphaltic coating is not a corrosion control method but furnished by the manufacturers
to minimize atmospheric oxidation for aesthetic reasons (https://www.dipra.org/ductile-iron-
pipe-resources/ frequently-asked-questions/ corrosion-control).
3000_ Sewer_ Materials 3
3. Ductile Iron Pipe and fittings shall be double wrapped in polyethylene tube or sheet
materials conforming to the requirements of ANSI/AWWA C105/A21.5.
4. Additional corrosion control methods including cathodic protection may be required for
specific sites and projects as requested by the City or designed by the Engineer and in
accordance with DIPRA publication “ The Design Decision Model for Corrosion Control of
Ductile Iron Pipe” latest edition.
F. Minimum length of a cut section of pipe shall be 5 feet.
2.06 DUCTILE IRON FITTINGS
A. All ductile iron fittings for Ductile Iron Pipe ( DIP) and PVC pipe shall conform to the
requirements of ANSI/AWWA C153/A21.53, latest revision, for Ductile Iron Compact
Fittings. All fittings shall be MJ x MJ. All ductile iron fittings shall have an interior
ceramic epoxy lining suitable for sewer service.
2.07 INTERIOR CERAMIC EPOXY LINING FOR DUCTILE IRON PIPE AND
FITTINGS
A. Provide a minimum 40 mil nominal dry film thickness protective lining consisting of a
ceramic epoxy specifically designed for wastewater environments. The ceramic epoxy will
contain at least 20% by volume ceramic material.
The ceramic epoxy lining will be Tnemec Series 431 Perma-Shield, or Protecto 401 as
determined by the Engineer of Record and approved by the City for the specific project.
B. All cut ends and other areas requiring repair shall be immediately repaired with a
manufacturers supplied field ceramic epoxy touch-up kit.
2.08 POLYETHYLENE ENCASEMENT ( PIPE WRAP)
A. Polyethylene encasement shall be in conformance to ANSI/ AWWA C105, latest revision.
The virgin linear low-density polyethylene film shall have a minimum normal thickness
of .008 inches ( 8 mils), and shall be provided in either flat tube or sheet form.
B. The color shall be black with nominal 2% carbon black UV inhibitor and printed per the
AWWA C105 standard.
C. Tape for field taping of polywrapped pipe, fittings, etc. or field repair of missing
polyethylene encasement material shall be Polyken # 900, Scotchrap # 50, at least 2-inches
wide, and installed as per the Polyethylene Encasement Installation Guide published by
DIPRA. Duct Tape is not permitted.
D. All buried iron pipe and fittings shall be double poly wrapped.
3000_ Sewer_ Materials 4
2.09 CENTRIFUGALLY CAST FIBERGLASS GRAVITY SEWER PIPE
A. Fiberglass gravity sewer pipe is not a Standard Specification.
B. Fiberglass gravity sewer pipe will be considered on specific case by case basis in
accordance with Sections 1000 1.01 B and 1000 1.07 A. Approval will be project specific
and requires approval from the Utilities Director.
2.10 REINFORCED FLEXIBLE RUBBER COUPLINGS
A. Materials: Chemical resistant rubber. Flexible rubber coupling shall be Fernco or MaxAdaptor
Raptor).
B. Flexible rubber coupling shall be reinforced with a stainless steel shear ring.
C. Clamping bands: two (2) each stainless steel bands.
D. Dimensions: Inside diameter to fit the outside diameter of the different pipe materials being
connected: take care that proper alignment is maintained and the spacing between pipes does
not exceed 1/2 inch as shown in the City Engineering Standard Detail Drawings.
2.11 SERVICE SADDLES
A. A composite saddle using a virgin SBR compound gasket ( ASTM D-2000) and a ductile iron
saddle casting ( ASTM A 536), by Romac.
B. All saddles shall be approved by the Engineer prior to installation.
2.12 SERVICE WYES
A. The wye material and joint type must match that of the mainline pipe.
B. Wyes shall terminate in a bell suitable for connection of a 4 inch SCH 40 PVC service line
pipe as specified herein.
2.13 MECHANICAL JOINT RETAINER GLANDS
A. Restraint devices for mechanical joint fittings and appurtenances for nominal pipe sizes
greater than 18-inch are not a Standard Specification. Restraint devices for mechanical
joint fittings and appurtenances for nominal pipe sizes greater than 18-inch will be
considered on specific case by case basis in accordance with Section 1000 General
Requirements.
3000_ Sewer_ Materials 5
B. Restraint devices for mechanical joint fittings and appurtenances for nominal pipe sizes 3-
inch through 18-inch shall consist of multiple gripping wedges incorporated into a follower
gland meeting the applicable requirements of ANSI/ AWWA C110/ A21. 10.
C. Mechanical joint retainer glands shall be made from ductile iron and shall be designed for
a working pressure of at least 350-psi for 3-inch through 16-inch ductile iron pipe, at least
305-psi for 3-inch through 12-inch PVC, and at least 250-psi for 18-inch ductile iron pipe.
D. Retainer glands shall have an approved coating system for corrosion resistance equivalent
to EBBA MEGA-BOND® and manufacturing traceability. Retainer glands shall be
manufactured by EBAA Iron, Inc. (USA only), Smith-Blair, Inc. (USA only), or Star Pipe
Products ( USA only).
1. Retainer glands for pipe sizes 3-inch through 12-inch shall be manufactured by
EBAA Iron, Inc. (USA only), Smith-Blair, Inc. (USA only), or Star Pipe Products
USA only).
2. Retainer glands for pipe sizes greater than 12-inches shall be manufactured by
EBAA Iron, Inc. (USA only), or Star Pipe Products ( USA only).
2.14 PIPE BELL RESTRAINTS
A. Bell restraint devices for nominal pipe sizes greater than 18-inch are not a Standard
Specification. Bell restraint devices for nominal pipe sizes greater than 18-inch will be
considered on specific case by case basis in accordance with Section 1000 General
Requirements, and as follows.
B. Bell restraints for AWWA C900 PVC sizes 4-inch through 12-inch shall be Series 1900
Restraint Harness, as manufactured by EBAA Iron, Inc. Devices shall have an approved
coating system for corrosion resistance equivalent to MEGA-BOND® and manufacturing
traceability.
C. Bell restraints for SDR26 PVC sizes 6-inch through 18-inch shall be provided as required.
Devices shall have an approved coating system for corrosion resistance equivalent to
MEGA-BOND® and manufacturing traceability.
D. Bell restraints for Ductile Iron Pipe sizes 4-inch through 18-inch shall be Series 1700
Restraint Harness, as manufactured by EBAA Iron, Inc. Devices shall have an approved
coating system for corrosion resistance equivalent to MEGA-BOND® and manufacturing
traceability.
E. When all-thread attachments are required, eye-bolt style attachments are not
acceptable. Romac “ Ductile Lug” style attachments shall be used. All-threads shall be
made of 316 stainless steel.
2.15 BOLTS
3000_ Sewer_ Materials 6
A. All bolts and nuts for valves, fittings, and restraints shall be 316 stainless steel unless
specified otherwise. Anti-seize lubricant shall be used when assembling all stainless
steel hardware to reduce galling.
2.16 FORCE MAIN MATERIALS
A. Each material acceptable for force main construction is described below. The Engineer
shall submit a design fatigue analysis to determine which material will be used.
B. The City may require that force main be constructed in such a fashion that they may be
converted to gravity sewer lines at a later date with the only modification to be adding
manholes.
2.17 POLYVINYL CHLORIDE ( PVC) PIPE FOR FORCE MAINS
A. PVC pipe less than 4 inches in size shall be manufactured in accordance with ASTM D-
2241 and be SDR 13.5.
B. PVC pipe 4 inches through 12 inches in size shall be manufactured in accordance with
AWWA C900, latest revision, and shall be DR 14.
C. PVC pipe, couplings, and fabricated fittings shall be made from virgin PVC resin that
has been compounded to provide physical and chemical properties that equal or
exceed cell class 12454 as defined in ASTM D1784, latest revision. Clean, reworked
material generated from the manufacturer' s own production shall be acceptable as long as
the pipe produced meets all the requirements of the Specifications.
D. Joints for PVC pipe shall conform to ASTM Specification D-3139, latest revision.
E. Nominal laying length shall be 20 feet. Minimum length of a cut section of pipe shall be
5 feet.
F. Marking on pipe shall include the following and shall be applied at intervals of not more than
5 feet.
1. Nominal size in inches and OD base ( for example, 4 CI).
2. PVC.
3. Dimension ratio ( for example, DR 14).
4. AWWA pressure class ( for example, PC 305).
5. Test pressure for hydrotested pipe ( for example, T330) or if not tested, “ NOT
HYDROSTATIC PROOF TESTED.”
6. AWWA designation number for this standard ( ANSI/ AWWA C900 or ASTM
D-2241).
7. Manufacturer’ s name or trademark and production run record or lot code.
3000_ Sewer_ Materials 7
8. Seal ( mark) of the testing agency verifying the suitability of the pipe material
for potable-water service.
9. “ SEWER”.
2.18 DUCTILE IRON PIPE FOR FORCE MAINS
A. Ductile Iron Pipe shall conform to the requirements of " Ductile-Iron Pipe, Centrifugally
Cast" AWWA Standard C151/ A21.51, latest revision.
B. Ductile iron pipe shall be designed in accordance with the requirements of " Thickness
Design of Ductile-Iron Pipe", ANSI/ AWWA C150/ A21. 50, latest revision. Minimum
pressure class shall be 250 psi.
C. Joint connections, pipe and fittings ( latest revision):
1. Push on and mechanical rubber gasket joints: ANSI/AWWA C111/A21.11.
2. Flanged: ANSI/AWWA C115/A21.15, ANSI B16.1.
3. Grooved and shouldered ANSI/ AWWA C606.
D. Nominal laying length shall be 20 feet. Minimum length of a cut section of pipe shall be
5 feet.
E. Weights and Marking: Weights of pipe and fittings shall conform strictly to the
requirements of ANSI Specifications. The weight, class or nominal thickness, and casting
period shall be shown on each pipe. The manufacturer’ s mark, country where cast, year in
which the pipe was produced, and the letters “ DI” or “ DUCTILE” shall be cast or metal
stamped on the pipe, and letters and numerals on pipe sizes 14 in. (356 mm) and larger
shall be not less than 1/ 2 in. (13 mm) in height.
F. Corrosion Control
1. Interior:
All Ductile Iron Pipe and fittings used for sewer shall have an epoxy ceramic interior
protective lining and exterior protective coating. The ceramic epoxy lining will be Tnemec
Series 431 Perma-Shield, or Protecto 401 as determined by the Engineer of Record and
approved by the City for the specific project.
2. Exterior:
Where requested by the City, or indicated in the specific design by the Engineer, all Ductile
Iron Pipe and fittings used for sewer shall have in addition the interior ceramic epoxy lining
an ceramic epoxy exterior coating meeting the same requirements of the ceramic epoxy
interior protective lining, Tnemec Series 431 Perma-Shield, or Protecto 401 as determined
by the Engineer of Record and approved by the City for the specific project.
3000_ Sewer_ Materials 8
Ductile Iron Pipe and fittings not required to have an epoxy ceramic exterior coating shall be
supplied with manufacturer’ s standard 1 mil thickness asphaltic exterior coating per
ANSI/AWWA C151/A21.51. Per the Ductile Iron Pipe research Association ( DIPRA) the 1
mil asphaltic coating is not a corrosion control method but furnished by the manufacturers to
minimize atmospheric oxidation for aesthetic reasons.
3. Ductile Iron Pipe and fittings shall be double wrapped in polyethylene tube or sheet
materials conforming to the requirements of ANSI/AWWA C105/A21.5 and SECTION 3000
2.06 of this specification.
4. Additional corrosion control methods including cathodic protection may be required for
specific sites and projects as requested by the City or designed by the Engineer and in
accordance with DIPRA publication “ The Design Decision Model for Corrosion Control of
Ductile Iron Pipe” latest edition.
All cut ends and other areas requiring repair shall be immediately repaired with a
manufacturers supplied field ceramic epoxy touch-up kit.
2.19 VALVES FOR FORCE MAINS
A. Gate valves up to 8-inch shall be the same as water valves as specified in Section 4000.
B. Valves greater than 8 inches require project specific design and City approval.
C. Full port ( 100% area) plug valves shall be AWWA C517, latest revision shall be
manufactured by Val-Matic or Dezurik PEC.
D. Valves shall be installed along the length of the force main, not to exceed 1000’ unless a
variance is approved by the City for long force mains. The City will determine if plug or
gate valves are appropriate. All valve boxes shall be marked sewer. An empty valve box
shall be installed in the vicinity of the discharge manhole and at fittings that cause a change
in direction where the tracer wire can be brought to grade for a point of connection to aid
in tracing the force main. A 2-inch SCH-40 PVC pipe shall be installed in the empty valve
box. The pipe shall have a pipe marker label affixed and further labeled “ No Valve, Tracer
Wire Only.” All lids shall have the word “ SEWER” and a concrete pad with a minimum
of 18 inches square or round dimension as appropriate. This shall be for both paved and
unpaved applications.
2.20 AIR / VACUUM RELIEF VALVES
A. Sanitary sewer force mains shall be designed to avoid the need for air or vacuum release
lines. If possible, force mains shall be designed without high points and with the top of the
force main below the hydraulic grade line at the minimum pumping rate so that relief valves
will not be needed.
3000_ Sewer_ Materials 9
B. If high points in the force main cannot be eliminated, a stainless steel A.R.I. Flow Control
Accessories sewage air release valve shall be installed at each significant high point where
air could become trapped. The air release valve shall be installed in a manhole structure in
accordance with the requirements of Section 3300-Manholes, and provisions shall be
required for draining the structure. A high point shall be considered significant if it is 2
feet or more above the minimum hydraulic grade line, or, when pumping is intermittent,
above the static head line.
2.21 TRACER WIRE
A. Tracer wire shall be 12-gauge solid coated copper or coated copper clad steel for underground
burial.
B. Jacket color shall be GREEN, and made of High Density Polyethylene ( HDPE) or High
Molecular Weight Polyethylene ( HMWPE) designed for direct burial.
C. Connectors shall be used for all splices or repairs. Connectors shall be moisture
displacement style as manufactured by 3M DBR. Wire shall be twisted and bent, without
the use of a wire nut prior to insertion into the gel cap.
D. A locate or conductivity test shall be performed prior to signing off on the project.
E. The tracer wire will terminate and/ or connect at:
1. An approved site specific application tracer wire box as manufactured by
Copperhead Industries, LLC. or approved equal or,
2. Interior to sewer manhole, passing just below the frame or,
3. Terminate in a valve box as designed by the Engineer of Record and approved
by the designated City engineer or Utilities Director.
2.22 MARKING TAPE
A. Non-metallic sanitary sewer marking tape shall be warning tape as manufactured by Rhino
Marking and Protection Systems, Harris Industries, Inc.
B. Tape shall have a minimum thickness of 4 mils and manufactured with heavy metal-free
polyethylene tape that is impervious to all known alkalis, acids, chemical reagents, and
solvents found in soil. The minimum overall width of the tape shall not be less than 3-inches.
Standard rolls shall be 1000’ length.
C. The tape shall be color coded Safety Green and imprinted with the following message:
Caution – Buried Sewer Line Below.
2.23 SEWER LINE MARKERS
A. Sewer line markers shall be TriView Marking System by Rhino Marking and Protection
Systems or Carsonite International Dual-Sided Utility Marker ( CIB-380). All markers shall
3000_ Sewer_ Materials 10
be installed according to the manufacturer’ s recommendations. The uppermost portion of
the Carsonite marker shall be made of Visibility Enhancer ( CVE-360), and must be bolted
to the utility marker. TriView markers do not require visibility enhancers. The utility
marker shall read as follows: “ CAUTION, SEWER PIPELINE”, “ City of Fayetteville”,
and “ Before Digging Call 1-800-482-8998". The label shall also include the official City
Logo and be white in color with green and black lettering. The label shall be affixed to
two sides of the marker. An additional white 1” wide reflective tape ( 3M) shall be
placed around the full circumference of the top of the marker. Concrete shall be placed
6-inches around and 1-foot deep around the base of each marker.
B. Sewer line pipeline markers shall be installed beside all manholes that are located in
easements and backyards. Manholes located in front yards and in streets do not require
markers.
C. Sewer line pipeline markers shall be installed along sewer force mains at valves and at
significant fittings that cause a change in direction.
PART 3 -EXECUTION
3.01 INSTALLATION
A. General Installation: refer to Section 2400
B. Sanitary Sewer Pipelines: Refer to Section 3100
C. Sanitary Sewer Service Lines: Refer to Section 3200
3000_ Sewer_ Materials 11
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END OF SECTION 3000
3000_ Sewer_ Materials 12
SECTION 3100 INSTALLATION OF SEWER PIPE, FITTINGS, AND MATERIALS
PART 1 -GENERAL
1.01 WORK INCLUDED
A. Installation of sanitary sewer pipelines.
B. Installation of sanitary sewer service lines.
C. Point repairs on existing sanitary sewer pipelines.
1.02 DEFINITIONS
A. New Sewer Lines – Sewer lines installed in such a manner that there is no sewage flow during
construction.
B. Replacement Sewer Lines – Sewer lines installed in a trench while there is a flow from " live"
service connections.
C. Point Repairs -Replacement of a short section ( less than 50 feet in length) in an existing sewer
lines.
D. Force Mains -Sewer pipelines that transport wastewater under pressure from a pump station
to a discharge point.
E. City Sewer Main -A public sanitary sewer in which all owners of abutting properties have
equal rights and is maintained and controlled by the City of Fayetteville. No sewer line
smaller than six (6) inches in diameter is a city sewer.
F. Service Line -The sewer which conveys the discharge from a building' s plumbing system
or other approved waste system to the city sanitary sewer system. The service line begins
at the connection to the city sanitary sewer and ends at the building foundation.
1.03 GENERAL REQUIREMENTS
A. As specified elsewhere within these Specifications.
1.04 QUALITY ASSURANCE
A. Inspect all service lines per Section 5200 -Inspection and Testing of Sanitary Sewer
Pipelines, Manholes, and Service Lines.
3100_ Sewer_ Installation 1
1.05 ADDITIONAL REQUIREMENTS
A. SHALLOW BURY
Ductile iron pipe for sewer shall be required when the existing grade or the proposed finish
grade, whichever is less, provides less than 36 inches of cover. The ductile iron pipe shall
extend from manhole to manhole. The ductile iron pipe shall meet the requirements of Section
3000 – Sewer Pipe, Fittings, and Materials, of these Specifications.
B. MAXIMUM DEPTH BURY PVC
The maximum depth of bury for PVC pipe is sixteen ( 16) feet. Any depths greater than
sixteen ( 16) feet require ductile iron pipe. The ductile iron pipe shall extend from manhole
to manhole. The ductile iron pipe shall meet the requirements of Section 3000 – Sewer Pipe,
Fittings, and Materials, of these Specifications.
C. PIERS AND AERIAL CROSSINGS
1. Aerial crossings and sewer pipe on piers shall be encased.
2. Aerial crossings, sewer pipe on piers and piers shall be designed by the Engineer of Record
for the specific project and included within the project documents submitted to the City for
review and approval.
3. Install concrete piers as indicated on the approved plans and per Section 3600 -Cast-In-
Place Concrete.
D. GRADES EXCEEDING 15%
1. Whenever the grade of the sewer line exceeds 15% ( percent), ductile iron pipe shall be
required. The ductile iron pipe shall meet the requirements of Section 3000 – Sewer Pipe,
Fittings, and Materials, of these Specifications.
2. Sewers on 15 percent pipe slope or greater shall be anchored securely with concrete anchors
in accordance with the Water Standard details prepared by the City of Fayetteville
Engineering Division and spaced as follows:
1. Not over 36 feet center to center on grades 15 percent and up to 35 percent.
2. Not over 24 feet center to center on grades 35 percent and up to 50 percent.
3. Not over 16 feet center to center on grades 50 percent and over.
4. Anchor collars should be placed on downstream side of bell.
Where no bell is available, a retainer gland shall be installed.
3100_ Sewer_ Installation 2
E. COLD WEATHER INSTALLATION
1. The City reserves the right to order pipe installation discontinued whenever, in its
opinion, there is danger of the quality of work being impaired because of cold
weather. The Contractor shall be responsible for heating the pipe and jointing
material so as to prevent freezing of joints. Do not lay any pipe on frozen ground.
No flexible or semi-rigid pipe shall be laid when the air temperature is less than 32o
F unless proper precautions per the manufacturer' s recommendations are taken by
the Contractor and the method is approved by the Engineer and City.
2. When pipes with rubber gaskets or resilient-type joints are to be laid in cold
weather, sufficiently warm the gasket or joint material so as to facilitate making a
proper joint.
D. Reinforced Flexible Rubber Couplings
1. Install reinforced flexible rubber coupling only where dissimilar pipe materials are
connected.
2. Take care that proper alignment is maintained and a maximum spacing between pipes
does not exceed one-half inch.
3. Encase reinforced flexible rubber coupling in Class 1 concrete as shown on the City
Engineering Standard Details.
PART 2 -PRODUCTS
A. Specified elsewhere within these Standards.
PART 3 – EXECUTION
3.01 WYE FITTINGS FOR SERVICE CONNECTIONS
A. Use in-line wye fittings for all service connections except on ductile iron pipe and
polyethylene pipe.
B. The wye material and joint type must match that of the mainline pipe.
C. Use taps instead of wyes only on ductile iron pipe and polyethylene pipe.
D. Install wye branches at the location of live services or as indicated on the construction plans.
Install wye connections for services in accordance with the manufacturer' s recommendations.
3100_ Sewer_ Installation 3
E. Place Class " 1" concrete under each wye branch to prevent cracking or twisting under earth
loads.
F. Mark wyes for future connections using marking tape, tracer wire, yellow nylon rope, and
1/2” x 4’ rebar or fence tee-post.
G. Terminate wyes for future connections in a bell suitable for connection of a four-inch SCH-
40 PVC service line. Securely plug all wyes and service stubs for future connections.
H. For Service Wye Details, see the City Engineering Standard Detail Drawings.
3.02 CLEANOUTS FOR SERVICE CONNECTIONS
A. Install cleanouts on service lines at the property line where the main line is in the paved right-
of-way, as required by plumbing code, or as indicated on the construction plans and as further
specified in Section 3200.
B. For Cleanout Details, see the City Engineering Standard Detail Drawings.
3.03 BACKFILLING AND INSPECTION
A. Before backfilling, place concrete encasement at transitions between different types of pipe
and around all flexible rubber couplings as shown on the Drawings. Use Class 1 concrete per
Section 3600-Cast-In-Place Concrete.
B. Before backfilling, install concrete anchor collars in accordance with the City Engineering or
project specific details at the location and interval and shown on the Drawings. Use Class 1
concrete and reinforce with steel bars per Section 3600-Cast-In-Place Concrete.
C. After the pipeline is installed and visually inspected by the Engineer, backfill the trench per
Section 2300-Excavation, Backfilling, and Compacting.
D. Test the pipeline per Section 5200-Inspection and Testing of Sewer Lines, Manholes, and
Service Lines.
E. Repair all pavements per Section 6000-Pavement Repair.
F. Repair all incidental damage to buildings, structures, utilities, pavements, landscaping, etc.
G. Repair sodded and grass areas to original condition.
3.04 CONNECTION OF NEW SEWER LINES TO EXISTING SEWER LINES
3100_ Sewer_ Installation 4
A. Construct, clean, test, and obtain City’ s approval for sewer lines and manholes before
connecting new sewer lines to the existing sewer.
B. If, in the opinion of the Engineer, conditions exist which require connection prior to final line
acceptance, plug all lines entering the manhole connecting to the existing system until the new
system is accepted. In addition, plug the line leaving the first manhole upstream. Never allow
water being used to flush the new lines to enter the existing system.
C. All new sewer lines must connect to the existing system at a new or existing manhole. If a
new manhole is built over an existing sewer line, do not break out the top of the existing pipe
until the new line is accepted. If existing sewer line is not PVC or DIP, replace section of line
first per City Engineering details.
D. If a new sewer line is to discharge into an existing manhole, divert the sewage flow around
the existing manhole while the tie-in is under construction. Intercept the sewage flow at the
existing manhole first upstream from the tie-in construction. Provide suitable pumping
equipment and re-routing conduit to pump the sewage around the tie-in construction.
Discharge into an appropriate manhole downstream from the construction.
E. Connection to an existing manhole shall be made by core drilling. A concrete manhole
adapter shall be installed on the sewer pipe, and the annular space grouted in accordance to
Section 3300 – Manholes.
F. Connect new sewer lines to existing manholes in a neat, workmanlike manner, to ensure a
watertight connection.
3.05 GRAVITY SEWER LINE INSTALLATION – LIVE SEWER LINES AND POINT
REPAIRS
A. Install sewer lines and point repairs as detailed above for new sewer lines with the following
exceptions:
1. Divert all upstream flow around the section to be replaced with plugs or pumps. The
bedding must be kept dry during installation. If trench bottom is too wet, excavate wet
portion and replace with bedding material.
2. Make transitions to original pipe using materials and procedures specified. Take care
that replacement pipe is aligned properly with no offsets. Install concrete encasement
around transitions. Take care that no concrete from the encasement enters the existing
pipeline. If this occurs, remove the concrete.
3. At the end of each day’ s work, and when for any reason the laying of pipe will be
discontinued for an appreciable period, place a temporary section of pipe in the live
line.
3100_ Sewer_ Installation 5
4. Pressure testing is not required. Visual and television testing are required.
5. Mandrel testing is required.
6. Service line pressure testing is not required.
7. A temporary debris catcher, as shown in the City Engineering Standard Detail
Drawings, shall be used in the downstream manhole.
3.06 FORCE MAIN PIPE INSTALLATION
A. Install all pipe and fittings to the line and grade as detailed on the Drawings. All bolted valves,
fittings, etc. shall be installed the same as water lines. Refer to Section 4100.
B. The force main shall have tape marked sewer wrapped around the pipe with complete
revolutions not to exceed six feet ( 6’). Tape marked sewer shall also be installed in the
trench 18” above the top of the sewer force main.
C. Remove all dirt and other foreign matter from the inside of pipe and fittings before they are
lowered into the trench. Keep pipe and fittings clean during and after laying. Take care to
keep dirt out of the bells. Plug all pipe openings at the end of each day’ s work or when pipe
laying is discontinued.
D. Use proper equipment for lowering sections of pipe into trenches. Lower pipe carefully into
the trench so the spigot and bell will not become contaminated.
E. Cut pipe in a neat and workmanlike manner without damage to pipe or pipe lining when
trimming joint length.
F. Install pipe with bell ends facing in the direction of laying. Face bells upgrade on lines on an
appreciable slope.
G. When necessary to deflect pipe from a straight line in either the horizontal or vertical plan to
avoid obstructions, the pipe may be deflected in the joint the least of the manufacturer’ s
recommendations, or a maximum of one degree ( 1°) (equal to 4 inches per 20 feet).
H. Pipe barrel bending shall not be allowed.
I. Before backfilling, install concrete thrust blocking and anchor collars in accordance with the
project specific and/ or City Engineering Standard Details on Plans and in accordance with
SECTION 4100 Installation of Water Pipe, Fittings and Materials. Thrust blocking shall be
designed based on pressures of at least 25 percent greater than the maximum pump design
shutoff head plus a water hammer allowance with an appropriate factor of safety.
J. All force mains shall be equipped with a Pig Launch & Retrieval System. Refer to City
Engineering Standard Details.
3100_ Sewer_ Installation 6
K. Sewer line pipeline markers shall be installed beside all manholes and valve boxes that are
located in easements and backyards. Manholes and valve boxes located in front yards and in
streets do not require markers.
L. Test the pipeline per Section 5200-Inspection and Testing of Sewer Lines, Manholes, and
Service Lines.
M. After the pipeline is installed and visually inspected by the Engineer, backfill the trench per
Section 2300-Excavation, Backfilling, and Compacting. Repair all pavements per Section
6000-Pavement Repair. Repair all incidental damage to buildings, structures, utilities,
pavements, landscaping, etc.
N. Repair sodded and grass areas to original condition.
3.07 WATER LINE CROSSINGS
A. Sewer lines installed under a water line must have a clear distance between pipes of at least
eighteen ( 18) inches.
B. The sewer line shall be installed such that a joint of pipe is centered along the water line
and the joints are as far as possible from the water line.
C. If 18-inches of clearance cannot be provided or when the water main must pass under the
sewer main, either the sanitary sewer main or the water main shall be encased in twenty
20) feet of watertight encasement pipe, centered over the point of crossing. Crossings that
are not perpendicular will require more than twenty ( 20) feet of encasement. The
encasement shall extend a minimum of ten ( 10) feet perpendicular from the outside edges
of the line that is not being encased. The ends of the encasement pipe shall be sealed
watertight. If the water main passes under the sewer main, 18-inches of clearance is still
required between pipes. Refer to Section 3400 – Steel Encasement Pipe.
3.08 STORM SEWER CROSSINGS
A. For maintenance purposes, sanitary sewers will be encased in steel encasement pipe
wherever the sanitary sewer crosses significant utilities, significant drainage way( s), or
other significant obstacles as determined by the design provided by the Engineer of Record
or as requested by the designated City engineer.
3100_ Sewer_ Installation 7
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END OF SECTION 3100
3100_ Sewer_ Installation 8
SECTION 3200 INSTALLATION OF SEWER SERVICE LINES
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This section covers:
1. Installation of sanitary sewer service lines.
2. Point repairs on existing sanitary sewer service lines.
1.02 DEFINITIONS
A. City Sewer Main -A public sanitary sewer in which all owners of abutting properties have
equal rights and is maintained and controlled by the City of Fayetteville. No sewer line
smaller than six (6) inches in diameter is a city sewer.
B. Service Line -The sewer which conveys the discharge from a building' s plumbing system
or other approved waste system to the city sanitary sewer system. The service line begins
at the connection to the city sanitary sewer and ends at the building foundation.
1.03 GENERAL REQUIREMENTS
A. Comply with the Arkansas Plumbing Code, the City of Fayetteville Codes and
requirements and as specified elsewhere within these Specifications.
1.04 QUALITY ASSURANCE
A. Inspect all service lines per Section 5200 -Inspection and Testing of Sanitary Sewer
Pipelines, Manholes, and Service Lines.
1.05 REFERENCES
A. Arkansas State Plumbing Code.
B. City of Fayetteville Ordinance Chapter 173 BUILDING REGULATIONS including but
not limited to 173.06 Plumbing Code.
PART 2 -PRODUCTS
A. Specified elsewhere within these Standards.
3200_ Sewer_ Services 1
PART 3 -EXECUTION
3.01 ADDITIONAL REQUIREMENTS
A. Bends
1. Avoid using short radius ninety degree bends on 4" service lines.
2. Use only long sweep bends where bends are absolutely necessary.
B. Cleanouts
1. At the building foundation.
2. On lines longer than one hundred ( 100) feet, cleanouts are required at one hundred
100) foot spacing.
3. Install cleanouts adjacent to any ninety degree bend.
4. Install pipe on cleanout riser up to finish grade.
5. The cleanout shall be the same diameter as the pipe on which it is installed.
6. On a case-by-case basis, the City may require a 6-inch thick, 24-inch square
concrete collar to be poured around a sewer cleanout for protection in greenspaces.
7. On a case-by-case basis, the City may require a below-grade cleanout with
protective vault ( Utility Defender or approved equal).
C. Backwater Traps ( Sewage check valve)
1. Provide backwater traps as required by Section 715 – Backwater Valves of the
Arkansas Plumbing Code or as shown on the Drawings.
2. Place backwater traps in a meter box to allow periodic servicing.
D. Aerial Crossings and Piers
1. Comply with Section 3100.
E. Service line installation.
1. Lay the service line on a straight alignment and at a constant slope. Install pipe at a
minimum slope of one percent ( 1.00%); this equal’ s one-eighth inch fall per lineal foot
1/8" / LF).
2. Install bends on 4" service lines at all changes in alignment and slope. Cleanouts
are required at 90 degree bends and every 100 feet on lines longer than 100 feet. Bends on
6" and larger service lines are only permitted within 5 feet of the building foundation and
2 feet of the manhole being connected to; if longer than 150 feet, bends are not allowed
and manholes must be built.
3. " No-Hub" type pipe connections are not permitted.
3200_ Sewer_ Services 2
F. Reinforced Flexible Rubber Couplings
1. Install a reinforced flexible rubber coupling only where dissimilar pipe materials
are mated.
2. Take care that proper alignment is maintained.
3. Encase reinforced flexible rubber coupling in Class 1 concrete as shown on the City
Engineering Standard Details.
G. Tracer wire shall be installed from the public main to the building foundation and as further
specified elsewhere.
3.02 SERVICE LINE CONNECTIONS TO CITY SEWER PIPELINES
A. Wye connection -Use existing wye or other prefabricated outlet if one has been left in the
city sewer for sewer service to a lot unless it can be shown that the dwelling unit or building
cannot drain by gravity to the wye.
B. Taps
1. Where a wye or other prefabricated outlet in the city sewer is not available to serve
a lot, a tap connection shall be installed at a location approved by the City to connect
the building sewer to the city sewer.
2. The City shall install all taps using approved materials and equipment after the tap
fee has been paid.
C. Manhole Taps
1. Manhole taps are only permitted on end-of-line manholes. Make manhole tap
connections into existing manholes as indicated on the Drawings.
2. Install manhole taps no more than twenty-four ( 24) inches above the manhole
invert.
3. Make manhole tap watertight and flush with inside surface of manhole.
4. Manhole taps are considered as part of the service line and are subject to inspection.
3.03 SERVICE LINE REPLACEMENT/ REPAIRS
A. Obtain permit per City of Fayetteville requirements.
B. When possible, the existing tap or wye should be used to connect a repaired or replaced
service line.
C. When the existing wye or tap cannot be used, then the Contractor shall seal original wye
or tap ( to prevent entrance or rainwater or debris into the city sewer) and contact the City
of Fayetteville to arrange for inspection of seal.
3200_ Sewer_ Services 3
D. Repair damaged portion in accordance with these specifications.
E. If reinforced flexible rubber couplings are required, be sure to encase them in Class 1
Concrete as shown in the City Engineering Standard Details.
F. Contact the City of Fayetteville to arrange for inspection of service line repair.
3.04 RELOCATE SERVICE EXIT
A. Obtain Plumbing Permit from the City of Fayetteville.
B. Relocate where the sanitary sewer line exits the structure and plug the old sewer line where
it was cut to be rerouted.
C. Coordinate the inspection of the work with the City Plumbing Inspector.
END OF SECTION 3200
3200_ Sewer_ Services 4
SECTION 3300 MANHOLES
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This section covers the materials and procedures used in the construction and repair of sanitary
sewer manholes.
1.02 SUBMITTALS
A. Furnish Shop Drawings and Submittal Data for approval prior to the delivery of any pre-cast
manhole sections.
B. Submit all materials for approval.
1.03 MANHOLE DIMENSIONS AND LAYOUT
A. The required dimensions on manholes are:
1. Cone section height: 24 inches, minimum; 36 inches, maximum.
2. Throat section height: 18 inches, maximum.
B. Locate the manhole so the centerlines of all pipelines entering and leaving pass through the
center of the manhole.
C. The following are minimum manhole diameters for sanitary sewers entering/ exiting a
manhole at the following range of angles:
MANHOLE DIAMETERS
Pipes Entering/ Leaving Pipes Entering/ Leaving
at 0° -45° Bend at 45° - 90° Bend
Pipe Size
8” -15” 48” 48”
16” - 30” 60” 60”
33” - 42” 72” 72”
PART 2 -PRODUCTS
2.01 WATER FOR MORTAR AND GROUT
A. Water: Potable water free from injurious amounts of acids, alkalis, oils, sewage, vegetable
matter, and dirt.
3300_ Manholes 1
2.02 CEMENT
A. Portland Cement, conforming to AASHTO M 85, Type I.
2.03 MANHOLE GROUT
A. Cementitious non-shrink grout for use in manholes shall be one specially formulated for
stopping active infiltration and filling voids in manholes and similar locations. Grout mix
shall provide a quick-setting, volume-stable, cementitious product suitable for patching the
interior of manholes when mixed and applied according to the manufacturer' s
recommendations. Grout mix shall be Strong Seal QSR.
2.04 CAST-IN-PLACE MANHOLES
A. Construct with Class 1 concrete only as outlined in Section 3600 -Cast-In-Place Concrete.
B. Reinforcement shall be as outlined in Section 3600 -Cast-In-Place Concrete.
C. The frame for the cover shall be installed when the manhole is constructed.
2.05 PRECAST CONCRETE MANHOLES
A. Conform to the latest requirements of ASTM C478.
B. Never transport sections to the site until they have achieved a minimum strength of 3,200 psi
80% of 4,000 psi design) as determined by a concrete cylinder test for the concrete batch.
C. Mark each piece plainly with manhole numbers and date of manufacture so it can be installed
in the proper location, as shown on the plans.
D. Make sure factory-installed cutouts in the bottom section are appropriate for the pipe being
laid.
E. Pipe connections at manhole -Cutouts should be equipped with rubber boots to ensure a
watertight connection. Material shall be A-Lok compression connector or A-Lok G3 Boot
System, as manufactured by A-Lok Products, Inc.
F. Joint Sealant -Flexible rubber sealant for joints in pre-cast manhole sections shall provide
permanently flexible watertight joints, shall remain workable over a wide temperature range
and shall not shrink, harden or oxidize upon aging. Material shall be RFS Prelubricated
Gaskets by Press-Seal Gasket Corporation and shall meet ASTM C 443 and ASTM C 1619
Classes C and E) requirements.
G. No supplemental joint sealant material is permitted.
3300_ Manholes 2
H. All manhole joints shall be sealed with a 9-inch wide butyl external joint wrap material.
Material shall be Infi-Shield® Gator Wrap by Sealing Systems, Inc.
I. The frame for the cover shall be installed after the cone section is installed in the field.
1. Joint surfaces between the frame, adjustments, and cone section shall be free of dirt,
stones, debris, and voids to ensure a watertight seal. Place a flexible butyl gasket joint
material, E-Z STIK as manufactured by Press-Seal Gasket Corporation, minimum 1/2 inch
thick, in two concentric rings along the inside and outside edge of each joint. Position the
butt joint for each length of joint material on opposite sides of the manhole. No steel shims,
wood, stones, or any material not specifically accepted by the Engineer may be used to
obtain final surface elevation of the manhole frame.
2. All grade adjustments, the exterior surfaces of the frame base, and four inches
below the top of the manhole cone shall be cleaned with a wire brush and then waterproofed
with trowelable bitumastic gasket material, Trowelable EZ-STIK # 3 as manufactured by
Press-Seal Gasket Corporation, or equal, in accordance with the manufacturer' s
specifications. A protective polyethylene cover shall be placed over the waterproofing
material when backfilling, following sealing of the frame to the manhole. Trowelable
bitumastic gasket material is not required if no grade adjustment rings are used.
3. When grade adjustment rings are placed on the manhole structure to obtain proper
grade, no more than 18 vertical inches from the top of the frame to the top of the manhole
cone may be used.
J. REJECTION OF PRECAST MANHOLE SECTIONS
Precast reinforced concrete manholes, risers and tops shall be subject to rejection for
failure to conform to any of the following specification requirements:
1. Fractures or cracks passing through the shell, except for a single end crack
that does not exceed the depth of the joint;
2. Defects that indicate imperfect proportioning, mixing and molding;
3. Surface defects indicating honeycombed or open texture;
4. Damaged ends, where such damage would prevent making a satisfactory
joint;
5. Infiltration into manhole exceeding allowed limits;
6. The internal diameter of the manhole section shall not vary more than one
1) percent from the nominal diameter;
7. Not clearly marked date of manufacturer, trade name, size designation part
number, and ASTM number;
8. Having a deviation more than 1/4" from the straight edge at any point
across the top of manhole cone section or riser ring; and/ or
9. Having any visible steel bars along inside or outside surface of the
manhole except for reinforcement stirrups or spacers used to position the
cage during manufacture.
3300_ Manholes 3
2.06 CORROSION PROTECTION
A. Manholes located on 15-inch and larger sewer lines shall be epoxy coated on the interior.
B. Manholes on sewer lines within 100 feet of a 15-inch and larger sewer line shall be epoxy
coated on the interior.
C. The products shall only be applied by personnel thoroughly familiar with handling of the
coating material, and in accordance with the manufacturer' s specifications,
recommendations and requirements.
1. Raven Ultra High-Build Epoxy Coating, designated as Raven 405, with an average
thickness of 100 mils and a minimum thickness of 80 mils.
2. Warren Environmental Systems, designated as S-301, with an average thickness of 100
mils and a minimum thickness of 80 mils.
3. Tnemec Permasheild series systems may be submitted by the Engineer of Record for
City review and approval.
3. All epoxies shall meet the following minimum requirements:
Flexural Strength ASTM D790 6,000 psi
Compressive Strength ASTM D695 8,000 psi
Tensile Strength ASTM D638 4,000 psi
Tensile Elongation ASTM D638 4%
Adhesion ASTM D4541 Concrete Substrate Failure
D. Any damage to an epoxy system on existing manholes shall be repaired by the City at the
expense of the contractor.
E. The installation of the interior manhole corrosion epoxy for Capital Improvement Projects
shall be a separate pay item further defined in the subsequent measurement and payment
specifications prepared by the Engineer of Record.
2.07 MANHOLE DROP
A. Drop on the outside of the manhole: Concrete encased PVC pipe and fittings as specified in
Section 3000 – Sewer Pipe, Fittings, and Materials.
2.08 STANDARD MANHOLE FRAME AND COVER
A. Covers located on manholes owned by the City of Fayetteville, generally within the
Fayetteville City Limits, shall have the words FAYETTEVILLE ARKANSAS SANITARY
3300_ Manholes 4
SEWER and PERMIT REQUIRED CONFINED SPACE cast in the top. Also, include two
closed pick holes in top side of cover.
B. Covers located on manholes operated and maintained by the City of Fayetteville, generally
outside the Fayetteville City Limits, shall have the words SANITARY SEWER and PERMIT
REQUIRED CONFINED SPACE cast in the top. Also, include two closed pick holes in top
side of cover.
C. Minimum combined weights of the manhole frame and cover is 210 pounds. Minimum cover
weight is 110 pounds. Minimum frame weight is 100 pounds.
D. All casting shall be Traffic-rated meeting the requirements of AASHTO M306 latest edition
proof load representing a 2.5 safety factor over H-20 and HS-20 loading.
E. All castings shall be cast with the approved foundry’ s name, manufacturing foundry mark,
part number, and production date in mm/dd/yy format. All castings shall be manufactured in
the USA and shall be clearly marked “ Made in USA.”
F. All castings: Free from porosity, blowholes, hard spots, shrinkage, distortion and other
defects; smooth and well cleaned by sandblasting; manufactured true to pattern.
G. Frame and cover dimensions: Refer also to the City Engineering Standard Detail Drawings.
Final casting dimensions may vary one-half the maximum shrinkage possessed by the metal
or no more than +/-1/16 inch per foot.
H. Cover and frame bearing surface: smooth finish, non-rocking design or machined bearing
surfaces to prevent rocking and rattling under traffic.
I. Cast Iron: ASTM A 48, Class 35B.
J. Ductile Iron: ASTM A 536, Grade 80-55-06.
K. Approved manufacturers East Jordan Iron Works and Neenah/ Deeter Foundry.
K. If requested by the City, manholes shall be provided with composite ( non-metallic) ring and
lid to avoid corrosion. Exact product must be reviewed and approved prior to installation, on
a case-by-case basis. Lid must be capable of locking shut and have metal tracing element.
2.09 HINGED AND GASKETED MANHOLE FRAME AND COVER
A. Manhole frame shall be cast or ductile iron. Manhole cover shall be ductile iron. Seal shall
be by replaceable t-gasket. T-gaskets are required.
B. Covers located on manholes owned by the City of Fayetteville, generally within the
Fayetteville City Limits, shall have the words FAYETTEVILLE ARKANSAS SANITARY
3300_ Manholes 5
SEWER and PERMIT REQUIRED CONFINED SPACE, or CONFINED SPACE ENTRY
PERMIT REQUIRED cast in the top.
C. Covers located on manholes operated and maintained by the City of Fayetteville, generally
outside the Fayetteville City Limits, shall have the words SANITARY SEWER and PERMIT
REQUIRED CONFINED SPACE or CONFINED SPACE ENTRY PERMIT REQUIRED
cast in the top.
D. Hinged and gasketed manhole frame and cover shall open to, or past, 90° and have a safety
stop at 90°.
E. All casting shall be Traffic-rated meeting the requirements of AASHTO M306 latest edition
proof load representing a 2.5 safety factor over H-20 and HS-20 loading.
F. All castings shall be cast with the approved foundry’ s name, manufacturing foundry mark,
part number, and production date in mm/dd/yy format. All castings shall be manufactured in
the USA and shall be clearly marked “ Made in USA.”
G. All castings: Free from porosity, blowholes, hard spots, shrinkage, distortion and other
defects; smooth and well cleaned by sandblasting; manufactured true to pattern.
H. Frame and cover dimensions: Refer to the City Engineering Standard Detail Drawings for
EJIW, Neenah similar. Final casting dimensions may vary one-half the maximum shrinkage
possessed by the metal or no more than +/-1/16 inch per foot.
I. Cover and frame bearing surface: smooth finish, non-rocking design or machined bearing
surfaces to prevent rocking and rattling under traffic.
J. Cast Iron: ASTM A 48, Class 35B.
K. Ductile Iron: ASTM A 536, Grade 80-55-06.
L. Frame shall be anchored to the manhole cone per the City Engineering Standard Detail.
M. Approved products are East Jordan Iron Works Ergo and Neenah Liftmate.
2.10 MANHOLE STEPS
A. Manhole steps shall NOT be installed in any manholes.
2.11 RUBBER WATERSTOP GASKETS
A. Waterstop gaskets shall be required at ALL manhole connections. Manhole seals shall be
concrete manhole adapter by Fernco, A-Lok, or approved equal.
2.12 MANHOLE RISER RING
3300_ Manholes 6
A. Manhole riser rings shall be compatible with the size and type of manhole cover with which
it will be used.
B. A maximum of 6 inches of riser rings shall be permitted. Adjustments greater than 6 inches
will require grade adjustment rings.
2.13 MANHOLE GRADE ADJUSTMENT RINGS
A. Grade adjustment rings shall be required to adjust the frame and cover to grade as required.
B. Sloped grade adjustment rings may be required to match the slope of paved areas.
C. Grade adjustment rings shall be concrete or injection molded, recycled HDPE as
manufactured by Ladtech, Inc.
2.14 RAIN STOPPERS ( MANHOLE INSERT)
Rain stoppers shall be installed in all manholes that are located on 15-inch and larger sewer
mains when such manholes do not utilize hinged covers complete with gaskets.
Rain stoppers shall be installed in other manholes in locations subject to inflow and infiltration
as directed by the City’ s Utilities Director.
A. Polyethylene Insert
1. The manhole insert shall be of corrosion-proof high density polyethylene
that meets or exceeds the requirements of ASTM D1248, Category 5, Type
III with a minimum impact brittleness temperature of -180° F.
2. The minimum thickness of the manhole insert shall be 3/16".
3. The manhole insert shall have a strap for removing the insert. The strap
shall be made of minimum 1" wide woven polypropylene or nylon webbing,
with the ends treated to prevent unraveling, Stainless steel hardware shall
be used to securely attach strap to the insert.
4. The manhole insert shall have one or more vent holes or valves to release
gases and allow water inflow at a rate no greater than 5 gallons per 24 hours.
The valve shall be installed by the manufacturer at the factory.
5. There shall be a minimum 10-year warranty on the body of the dish and a
5-year warranty on all other parts of the insert.
6. The insert shall have proof of durability in traffic impact loads and shall
have an Engineer certified proof test passing H-20 loading.
B. Stainless Steel
1. Stainless steel inserts shall be installed at locations with pipe size diameters
of outfalls 15 inches or greater where a hinged/ gasketed lid is not present.
3300_ Manholes 7
2. Insert shall be 304 stainless steel.
3. The manhole insert shall be as manufactured by “ No Flow In FLOW”
located in San Antonio, Texas.
PART 3 -EXECUTION
3.01 MANHOLES – GENERAL
A. Perform excavation and prepare base area in accordance with Section 2300 -Excavation,
Backfilling, and Compacting.
B. Never install base in a water filled excavation.
C. Place base per the City Engineering Standard Detail Drawings and Section 3600 -Cast-In-
Place Concrete. Extend base a minimum of six inches beyond finished sides of manhole.
D. Extend all pipes entirely through the manhole wall so that a joint occurs no closer than 24
inches outside the manhole wall.
E. Pipe installed for future extensions shall have one full joint of pipe installed.
F. After manhole is constructed, wait no less than 48 hours, then backfill per Section 2300 -
Excavation, Backfilling, and Compacting.
3.02 CAST-IN-PLACE MANHOLES
A. Dimension and layout: Per City of Fayetteville Engineering Detail Drawings and Tables. The
top section or cone must be concentric with the barrel unless otherwise noted.
B. The frame shall be set in accordance with City of Fayetteville Engineering Details. The frame
shall be installed to match the slope of paved areas.
C. Install rubber waterstop gaskets in the walls around all pipes.
D. Interior finish: Smooth, free of fins or sharp edges.
E. Flow channels shall be shaped and formed in each manhole to provide a smooth transition of
flow from all inlets to the outlet. The bench wall shall be formed from the center of the
manhole to the outlet pipe in the shape of a " U" as shown in the City Engineering Standard
Details.
F. Care should be taken to prevent the end of the pipe from deflecting, due to loads imposed by
the weight of the concrete.
G. Construction joints on manholes of excessive depth shall be connected with reinforcement
approved by the Engineer.
3300_ Manholes 8
3.03 PRECAST MANHOLES
A. Dimension and layout: Per City Engineering Detail Drawings. The top section or cone must
be concentric with the barrel unless otherwise noted.
B. The bottom section for pre-cast manholes shall be manufactured as an integral part of the
manhole base slab.
C. Install remaining sections in a truly vertical plane.
D. The frame shall be set in accordance with City Engineering Details. The frame shall be
installed to match the slope of paved areas. In greenspaces, grout around the outside of frame
per standard details.
E. Fill space between pipe and periphery of cutout on the interior of the manhole with non-shrink
grout from the bottom of the invert to the spring line of the sewer pipe ( 1/2 pipe depth).
F. Grout joints between sections, interior only.
G. Interior finish: smooth, free of fins or sharp edges.
H. Flow channels shall be shaped and formed in each manhole to provide a smooth transition of
flow from all inlets to the outlet. The bench wall shall be formed from the center of the
manhole to the outlet pipe in the shape of a " U" as shown in the City Engineering Standard
Details.
I. Grout and/ or plug lifting holes for manholes.
J. All manhole joints shall be sealed with an external joint wrap material.
3.04 DROP MANHOLES
A. Install a drop manhole when the vertical difference between the pipe entering and leaving the
manhole exceeds two (2) feet.
B. Construct manhole base, barrel, and top per the requirements for cast-in-place or pre-cast
manholes.
C. Construct drop of PVC pipe and fittings per City Engineering Standard Details.
D. Encase the pipe and fittings in Class 1 concrete as per City Engineering Standard Details.
3.05 MANHOLE FRAME AND COVER
3300_ Manholes 9
A. Set the manhole frame for Cast-In-Place manholes in Class 1 concrete as shown on the
Standard Details as an integral part of the manhole construction.
B. Set manhole frame and cover top level and to the elevation shown on the Drawings. In public
rights-of-way, set the ring and cover flush with pavements, sidewalks, or other paved surfaced
areas.
3.06 MANHOLE INVERT
A. Invert depth at the flow line: the same as the pipe diameter.
B. In curved inverts, make curves with the longest possible radius to facilitate smooth flow and
the insertion of cleaning and televising equipment.
C. Flow channels shall be shaped and formed in each manhole to provide a smooth transition of
flow from all inlets to the outlet. The bench wall shall be formed from the center of the
manhole to the outlet pipe in the shape of a " U" as shown in the City Engineering Standard
Details.
D. Invert materials and finish: Class 1 Concrete, smooth finish.
E. Invert grade: Constant, smooth grade; no offsets.
F. Bench: Slope grout upward from the edge of the invert to the manhole wall.
G. Form a flow channel in the bench for any services stubbed into manhole. Form invert and
finish per above.
H. Cut the upper half of any pipe extending inside the manhole wall flush with the wall. Smooth
rough edges with grout.
3.07 MANHOLE REPAIRS
A. Make all repairs in accordance with these specifications.
B. Use manhole grout in patching around new taps.
C. Plaster all brickwork with mortar.
3.08 MANHOLE ADJUSTMENTS
A. Manhole riser rings may be used to raise manhole covers to grade.
B. Manhole riser rings shall be sealed with Adeka P-201 or Manus-Bond 75AM to create a water
tight seal.
3300_ Manholes 10
C. Adjustments greater than 6 inches will require grade adjustment rings in accordance with
project specific approved details.
D. The exterior surfaces of the frame base, and four inches below the top of the manhole cone
shall be cleaned with a wire brush and then waterproofed with trowelable bitumastic gasket
material, Trowelable EZ-STIK #3 as manufactured by Press-Seal Gasket Corporation, 9-
inch wide butyl external joint wrap material in accordance with the manufacturer' s
specifications. A protective polyethylene cover shall be placed over the trowelable
waterproofing material when backfilling, following sealing of the frame to the manhole.
E. The throat section height shall not exceed 18 inches. The throat section shall be defined as
the distance from the bottom of the integral cast manhole ring to the top of the manhole cover.
F. If a manhole cannot be raised to grade using riser rings or grade adjustment rings then the
manhole must be cut-off below the existing cone section and raised to grade using cast-in-
place methods. A 1-inch square keyway shall be cut into the cold joint surface, and # 4 rebar
placed every 12-inches around circumference of cold joint. The rebar shall be doweled and
epoxied 6-inch depth in to existing manhole and 6-inches into new poured section. See
standard details.
3300_ Manholes 11
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END OF SECTION 3300
3300_ Manholes 12
SECTION 3400 BORES AND STEEL ENCASEMENT PIPE
PART 1 -GENERAL
1.01 WORK INCLUDED
A. Provide encasement pipe jacked through bored tunnel for crossing of utility pipe lines under
roadways, railroads and at other locations as indicated on the approved drawings.
B. Provide encasement pipe by open cut construction where shown on the Drawings.
C. Pulling or jacking carrier pipe through encasement pipe.
D. Providing end seals at ends of encasement pipe.
1.03 REFERENCES
A. American Society for Testing and Materials ( ASTM):
1. ASTM A139 Specification for Electric-Fusion ( Arc) -Welded Steel Pipe ( sizes 4” and
over).
2. ASTM A211 Specifications for Spiral-welded Steel or Iron Pipe.
B. American Welding Society ( AWS):
1. AWS D1.1 Structural Welding Code.
PART 2 -PRODUCTS
2.01 MATERIALS
A. Encasement pipe: Smooth wall steel pipe conforming to ASTM A-53 / ASTM A283 / ASTM
A-135, Grade B, CW, physical tests only ( no hydrostatic test required). The pipe shall have
beveled ends prepared for welded joints. The pipe steel shall have a minimum yield strength
of 35,000 psi.
B. Welding materials: Type required for materials being welded and conforming to applicable
AWS Specifications.
C. Grout: Cementitious grout shall consist of a preblend of lightweight aggregate, cement, fly
ash and admix to prevent segregation and promote expansion upon setting. Loose bulk
density for the dry mix materials shall be 30 to 35 pounds per cubic foot. Grout shall equal
or exceed Strong-Seal Grout 250 -Product Code 2133 and shall be packaged in 2 cubic
foot bags.
3400_ Bores 1
D. Flowable Fill: Flowable fill shall conform to Section 206 – Flowable Select Material of the
Arkansas State Highway and Transportation Department’ s Standard Specifications for
Highway Construction, latest edition.
E. Casing Spacers: Shall be stainless steel, Cascade Model CCS as manufactured by Cascade
Waterworks Mfg. Co., BWM Company.
F. Casing End Seals: Casing end seals shall be watertight, interconnected mechanical-type,
interior to the encasement between the encasement and carrier pipe. Casing End Seals shall
be Link-Seal by GPT Industries, or Wrap-It Link by CCI Piping Systems..
G. Polyethylene Encasement: Polyethylene encasement shall be in conformance to
ANSI/AWWA C105/A21.5, latest revision.
2.02 MINIMUM THICKNESS
A. The encasement pipe shall be capable of supporting all traffic and earth loads. The Contractor
shall submit design calculations supporting the selection of the encasement pipe thickness
used.
B. Minimum thickness for encasement
Diameter of Casing Pipe
20” OR LESS .
24” – 30” .
36” .
48” – 60” .
72” .
shall be as follows:
Minimum Thickness
250”
375”
500”
625”
750”
Sizes not listed above shall be determined on an as-needed basis by the City.
C. When boring under railroad right-of-way, minimum thickness shall be determined by railroad
standards.
2.03 MINIMUM DIAMETER
A. The minimum diameter for encasement pipe shall be such that the carrier pipe, along with
casing spacers and joint restraints, will not bind against the inside of the encasement pipe
during installation. The minimum diameter of encasement pipe shall be as follows:
Diameter of Carrier Pipe Diameter of Encasement
2” 5”
3400_ Bores 2
3” 6”
4” 8”
6” 12”
8” 16”
10” 20”
12” 24”
14” – 16” 30”
18” – 20” 36”
24” 42”
30” 48”
36” 54”
42” 60”
48” 72”
3.01 EXCAVATION
A. The contractor shall inspect the location where encasement structures are to be installed and
become familiar with the conditions under which the work will be performed and with all
necessary details as to the orderly prosecution of the work.
B. The contractor shall satisfy themselves of soil conditions by means they deem necessary
including but not limited to exploratory boring or exploratory pit excavations at tunnel/ bore
ends. All such exploratory work will be coordinated with City and the engineer of Record.
All such exploratory work shall be performed in a manner not to endanger highway, railroad
or street fill and embankments and shall be satisfactorily backfilled and restored.
C. Highway Bore: Do not set up equipment or begin excavating pit on state highway without
written permission/ permit received from the Arkansas Highway and Transportation
Department District Engineer or his authorized representative.
D. Railroad Bore: Do not set up equipment or begin excavating pit on or near railroad property
without written permission/ permit of the respective railroad company.
E. Highway and railroad permits for Capital Improvement Projects will be obtained by the City
or the City’ s designated representative.
3.02 INSTALLATION, ENCASEMENT PIPE
A. General.
1. Install encasement pipe at grade and alignment shown on Drawing. Allow for height of
casement spacers when establishing grade for gravity line encasement pipe. Refer to City
Engineering Standard Details.
3400_ Bores 3
2. When indicated on the approved plans or project specifications all street, roadway and
highway crossings for water or sewer pipelines installed by jacking and bore methods shall
be accordance with AHTD standards.
3. Excavation of bore pits and trenches within street right-of-way, roadways or highways shall
be of sufficient distance from paving to permit traffic to safely pass without interference. The
Engineer of Record shall be responsible to design the location of bore pits to permit traffic to
safely pass without interference.
B. Bores:
1. Excavate pits and trenches required at each side of crossing to minimum width and
length indicated or necessary for boring and jacking operation and carrier pipe
installation.
2. Carefully set steel guide rails in pit to attain specified grade and alignment.
3. Keep pit pumped free of standing water. Maintain pit bottom to provide stable base
for rails and equipment and firm footing for workmen.
4. Provide Trench Safety/ Protective Systems meeting Federal requirements and these
Specifications.
5. Bore tunnel and simultaneously jack encasement pipe forward one section at a time.
Connect sections by full penetration butt welding performed in accordance with AWS
D1.1.
6. Remove excavated soil from boring operation as it enters pit and dispose of it offsite.
7. Voids between the encasement pipe and the surrounding soil shall be pressure filled
with grout.
8. Cathodic protection shall be installed on the steel encasement pipe. Use 17# HP
magnesium anodes bonded to the steel encasement pipe.
9. End seal shall be installed after the carrier pipe has been installed.
C. Open Cut:
1. Excavate trench as required.
2. Steel encasement pipe shall be installed, bedded, and backfilled the same as ductile
iron pipe.
3. Steel encasement pipe shall be double poly wrapped.
4. Cathodic protection shall be installed on the steel encasement pipe. Use 17# HP
magnesium anodes bonded to the steel encasement pipe.
5. End seal shall be installed after the carrier pipe has been installed.
3.03 INSTALLATION, CARRIER PIPE
A. Joint pipe as specified in Section 3100 or 4100. Pull or jack carrier pipe through encasement
pipe. Do not allow cables or jacks to be in direct contact with carrier pipe while pulling or
jacking pipe. Use timber or padded steel member.
3400_ Bores 4
B. A minimum of three casing spacers shall be installed on pipe up to 20-foot pipe joints.
C. All carrier pipe installed through the encasement shall be fully restrained. Over-belling of the
carrier pipe shall be prevented.
3.04 BACKFILL
A. Prior to backfill, seal ends of encasement pipe with end seal as shown in the City Engineering
Standard Details.
B. Use material excavated from pit.
C. Backfill against ends of encasement pipe.
D. Backfill pit and carrier pipe in same manner as specified in Section 2300 – Excavation,
Backfilling, and Compacting.
3.05 CLEANUP
A. Backfill in same manner as specified for line work in Section 2300 -Excavation, Backfilling
and Compacting.
B. Cleanup and restoration as specified in Sections 6000 PAVEMENT REPAIR and 6100
LAWN AND GRASS RESTORATION.
3400_ Bores 5
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END OF SECTION 3400
3400_ Bores 6
SECTION 3500 SEWER PUMP (aka LIFT) STATIONS
PART 1 -GENERAL
1.01 GENERAL REQUIREMENTS
A. This Section pertains to the minimum requirements for the design and construction of
submersible type pump ( aka lift) stations, which are the primary type constructed as part
of private development. Sewer pump stations installed by private development will meet
or exceed the minimum standards within this section and as otherwise specified within
these Standards.
Comply with the “ Ten States Standards” and modifications and/ or additional requirements
as specified herein.
Sewer pump stations, for City Capital Projects will comply with this section and any other
requirements determined necessary by the Engineer of record, or Utilities Director, or the
City’ s designated engineer. Sewer pump stations for City Capital Projects will further be
considered on specific case by case basis in accordance with Section 1000 General
Requirements. Approval will be project specific and requires approval from both the Utilities
Director and the designated City engineer.
B. A registered Civil Engineer shall seal the civil portion of the drawings. A registered
Electrical Engineer shall seal the electrical portion of the drawings. All engineers shall be
registered in the State of Arkansas.
C. These Standard Specifications provide the minimum requirements for sewer pump stations.
The pump station dimensions, equipment, controls, etc. will be approved only upon the
submittal of plans and specifications to the City, and upon the City's written approval.
D. Pump Stations, in general, shall be submersible type pump capable of passing a 3 inch
minimum) sphere. Multiple pumps shall be provided. Where only two pumps are
provided, the pumps shall be of the same size with one ( pump and motor) designated as
duty and one (pump and motor) designated as stand-by with each pump capable of pumping
the design flow for the proposed development ( including provisions for future phases of
the initial proposed development) with a minimum pumping capacity of 100 gpm each
under site operating conditions. Firm capacity and one minimum standby pump shall be
provided, pumps shall have the capacity such that with any one pump out of service the
remaining pump( s) will have the capacity to pump the design hourly flow. Further the
pump station will include: wet basin, separate valve pit, valves, piping, hatches, guide rails,
pump removal components, control center, level controls, remote monitor package,
interconnecting electrical wiring, incoming power and communications supply, and all
other features regularly and normally required as a part of a complete and functional
facility. All work shall be in accordance with site requirements, details in the Drawings,
the Engineer of Record’ s design, these Standards and the manufacturer' s recommendations.
3500_ Lift_Stations 1
E. All Pump Stations shall be designed for and operate on 480 V, three ( 3) phase power. No
deviation from this requirement shall be permitted without the express prior written
approval of the City.
F. The station shall be equipped with a remote monitor capable of monitoring the status of
the lift station and communicating with the City's existing SCADA system housed at the
Noland and West Side WWTP. This system shall be purchased and installed by the City at
the developer' s or contractor' s expense.
G. All of the mechanical and electrical equipment shall be an integral package supplied by the
pump manufacturer with local representation so as to provide undivided responsibility.
Pumps, motors and appurtenance mechanical and electrical equipment shall be Fairbanks
Morse Pump equipment or Flygt Pump equipment and further comply with other specific
requirements set forth herein and in the approved plans.
H. The Contractor shall submit to the City for review and approval three ( 3) sets of shop
drawings, detailed specifications, pump warranty, and performance characteristics for all
of the equipment and fixtures to be furnished and installed. The Shop Drawings and
equipment data shall be submitted with a cover letter, Contractor’ s stamp of approval, and
Engineer’ s stamp of approval indicating that he has reviewed, checked, and approved the
data submitted. The City will review the submittal and render a decision in writing as to
the acceptability of the equipment. Without prior written City approval, the item of work
may not be accepted.
I. Any exceptions to this Standard or associated approved Plans shall be submitted in writing
and clearly stated. The exceptions must be approved by the City prior to proceeding with
the work.
J. All mounting and fastening hardware shall be stainless steel.
K. All components of the pump station that are exposed to weather shall be constructed of
material that is resistant to corrosion and will not require surface protection throughout the
expected life of the lift station. In general, these materials are stainless steel, aluminum,
fiberglass reinforced polyester ( FRP), and ultraviolet stabilized PVC.
L. All valves and ductile iron fittings shall be ceramic epoxy coated inside and out. All ductile
iron piping coming in contact with wastewater or installed in the wet well, dry well or valve
pit shall be coated with epoxy inside and out. Acceptable interior epoxy for ductile iron
pipe shall be specifically designed for wastewater environments and shall be Tnemec Series
431 Perma-Shield, or Protecto 401 as determined by the Engineer of Record and approved
by the City for the specific project.
M. All stainless steel hardware and accessories shall be protected from field applied coating
of the epoxy.
N. Wet well access/ hatches shall include an integral safety grate and integral safety chain/ rail
3500_ Lift_Stations 2
system or a separate safety rail system designed by, or selected by, the engineer of Record
and approved by the City.
O. Mixers. If the City determines the need for wet well mixing, then the developer’ s engineer
shall accommodate the City’ s purchase and installation of the mixer and controls, wiring,
hoses, and mixer appurtenances ( only) within, and connected to, the developer’ s installed
pump station.
1.02 PUMP STATION SITE
A. The pump station site shall have minimum dimensions of 50’ x 50’ with a maximum cross
slope of 5%. The site shall be an all-weather surface consisting of asphalt or concrete.
Additional site area may be required depending on the diameter and depth of the wet well
and other accessories. Final dimensions of the site shall be determined by the City
Engineer.
B. The City of Fayetteville must own the land, by deed and not by plat, on which sewer pump
stations are located or anticipated to be constructed.
C. The pump station shall be provided with an access drive to the nearest public road. The
access drive shall be an all-weather surface with a stabilized gravel base and asphalt or
concrete surface. If the slope is greater than 10%, the surface shall be constructed in such
a way that the surface material cannot creep down slope. The drive shall enter the public
road at a curb cut.
D. The pump station site shall be secured by a minimum 6’ high wooden fence. Posts shall
be a minimum of 3” SCH 40 galvanized steel. Gate posts shall be a minimum of 4” SCH
40 galvanized steel. Rails shall be 16-gauge aluminum or galvanized steel, 2” x 4” nominal
dimensions. Pressure treated wood shall be installed in the rails to anchor the pickets. All
pickets shall be constructed of cedar, and shall be a minimum of 1” x6” x6’. All hardware
used to anchor the cedar pickets to the steel rails shall be designated for use with cedar. A
12’ wide double gate with lockable hasp shall be provided.
1.03 OPERATING CONDITIONS
A. The characteristics and operating conditions of the lift station and pumps shall be provided
in detail as part of the ENGINEER' S design and submitted for approval to the City.
B. Prior to installation the Contractor shall submit the following information for each pump
to the City for review and approval:
1. Pump capacity in gallons per minute;
2. Total dynamic head ( TDH) and operating RPM; Use C=120 and C=140
3. Motor horsepower;
4. Motor rpm;
5. Motor voltage, phase and cycle;
6. Make and model number; and
3500_ Lift_Stations 3
7. Pump curves for the pumps to be provided.
C. Pump station acceptance will be based upon pump drawdown tests. The acceptable range
is +10% and -5% of the reported pump capacity in GPM. Pump flows outside of this range
will result in non-compliance of the standard and the pump station will not be accepted.
1.04 NOTES TO DESIGN ENGINEER
A. SIZING OF WET BASIN
1. The wetwell storage depth below the lowest inlet shall be a minimum of 5'-0" and
shall also meet the following criteria:
a. All pumps OFF shall be set at the pump manufacturer' s recommended level
but no less than 1'-6" from the bottom of the wet well.
b. The distance between all pumps OFF and the lead pump ON shall be set to
provide storage capacity equal to:
15 x RATED PUMP GPM
4
i.e. 15 minute cycle minimum)
c. Designs utilizing multiple pumps will include the lag pump ON set a
minimum of 6" above the lead pump ON and a minimum of 12" below the
lowest inlet invert.
d. The high water alarm float shall be set a minimum of 6" above the lag pump
ON and minimum of 6" below the lowest inlet invert.
e. All level control elevations shall be set below the lowest inlet invert.
1.05 SMALL DIAMETER PRESSURE SEWERS
A. Small diameter pressure sewer systems are not permitted as a Standard Specification.
B. Small diameter pressure sewer systems will be considered on specific case by case basis in
accordance with Sections 1000 1.01 B and 1000 1.07 A. Approval will be project specific
and requires approval from the Utilities Director.
1.06 PUMP STATION WARRANTY
A. Pump station warranty shall be two ( 2) years from the date of acceptance per City
maintenance bond requirements.
3500_ Lift_Stations 4
PART 2 – PRODUCTS
2.01 PUMPING EQUIPMENT
A. Pumps shall be of the submersible type for handling raw unscreened sewage. Pump volute,
motor and seal housing are to be high quality gray cast iron. Impeller shall be either cast
iron or cast bronze of a non-clog design capable of handling minimum three ( 3) inch sphere
solids, fibrous material, heavy sludge, and other matter found in normal sewage
applications. Impeller shall have pump-out vanes on the back shroud of the impeller to
keep pumped material away from the seal area and increase operating life. Impeller shall
be either slip fit or taper fit with key to securely lock the impeller to the driving shaft. The
pump volute shall be fit with a replaceable bronze wear ring to minimize wear on the
impeller and help achieve longer balanced operating life. All fasteners shall be of stainless
steel.
B. All mating surfaces where watertight sealing is required shall be machined and fitted with
nitrile rubber O-rings. Sealing shall be accomplished when metal-to-metal contact is made,
resulting in controlled compression of the rubber O-rings without requirement of a specific
torque limit.
C. The pump shall be provided with a mechanical rotating shaft seal system running in an oil
reservoir having separate, constantly lubricated lapped seal faces. The lower seal unit
between the pump and oil chamber shall consist of one ( 1) stationary seat and one ( 1)
rotating ring held in place by its own spring. The lower seal shall be removable without
disassembling the seal chamber. The upper seal between the motor and the seal chamber
shall be of the same design with its own separate spring system. The seals shall require
neither maintenance nor adjustment, but shall be easily inspected and replaceable. The
shaft sealing system shall be capable of operating submerged to pressures equivalent to
two hundred ( 200) feet. No seal damage shall result from operating the pump unit out of
its liquid environment. The seal system shall not rely upon the pumped media for
lubrication.
D. The seal chamber shall also be equipped with a seal failure sensor probe which will sense
water intrusion through the lower seal. This sensor is to be connected to an alarm in the
control panel to indicate lower seal failure.
E. The stator winding, rotor and bearings are to be mounted in a sealed submersible type
housing. Insulation utilized in the stator windings shall be Class H with maximum
temperature capability of 155EC. Motor housing shall be filled with a high dielectric oil
to give superior heat transfer and allow the bearing to run in a clean, well lubricated
environment; or the housing shall be air filled with grease lubricated bearings. The pump
and motor are to be specifically designed so that they may be operated partially or
completely submerged in the liquid being pumped. The pump should not require cooling
water jackets. Stator shall be securely held in place with a removable end ring and threaded
fasteners so that it may be easily removed in the field without use of heat or press. Shaft
shall be of stainless steel and supported by ball bearings. Motor shall be provided with
3500_ Lift_Stations 5
heat sensing units attached to the motor windings which shall be connected to the control
panel to shut down pump if overheating occurs.
F. Pump motor cable and heat sensor/ seal failure sensor cable shall be suitable for submersible
pump applications and this shall be indicated by a code or legend permanently embossed
on the cable. Cable sizing shall conform to NEC specifications for pump motors and shall
be of adequate size to allow motor voltage conversion without replacing the cable. Cable
of the proper length shall be provided to eliminate need for splices or junction boxes
between pump and " control center". The cable shall enter the motor through a cord cap
assembly which is double sealed allowing disassembly and disconnect of the wires and the
motor and still not damage the sealed characteristics of the motor housing. Each individual
conductor shall be color coded in accordance with generally accepted industry standards.
The color coding shall designate the application of the conductor.
G. The pump mounting base shall include adjustable guide rail supports and a discharge
connection with a one hundred twenty-five (125) pound standard flange. The base and the
discharge piping shall be permanently mounted in place. The base plates shall be anchored
in place utilizing epoxy type anchors with stainless steel studs and nuts as manufactured
by HILTI Fasteners, Inc.
H. A rail system shall be provided for easy removal of the pump and motor assembly for
inspection and service. The system shall not require a man to enter the wetwell to remove
the pump and motor assembly. Two ( 2) rails of two ( 2) inch stainless steel pipe shall be
provided for each pump. The guide rails shall be positioned and supported by the pump
mounting base. The guide rails shall be aligned vertically and supported at the top by
attachment to the access hatch frame. One ( 1) intermediate guide rail support is required
for each fifteen ( 15) feet of guide rail length for stainless steel pipe.
I. The pumps shall be equipped with sliding brackets or rail guides. To insure easy removal
of the pumps, the rail guides attached to each pump shall not encircle the rails. A stainless
steel lifting chain or manufacturer' s pump removal system ( Flygt Lift) of adequate length
for the basin depth shall be provided for each pump. Each pump shall be equipped with a
permanent, stationary lifting handle with a minimum clearance of 12" between the top of
pump and bottom of handle.
J. The rails and the rail guides shall function to allow the complete weight of the pumping
unit to be lifted on dead center without binding and stressing the pump housing. The rail
system shall function to automatically align the pumping unit to the discharge connection
by a simple downward movement of the pump. No twisting or angle approach will be
considered acceptable. The actual sealing of the discharge interface may be of the metal-
to-metal contact. No sealing gaskets will be permitted.
K. Pump warranty shall be provided by the pump manufacturer and shall warrant the units
being supplied to the Owner against defects in workmanship and materials for a period of
five ( 5) years under normal use, operation and service. The warranty shall be in printed
form and apply to all similar units. A copy of the warranty statement shall be submitted
3500_ Lift_Stations 6
with the approval drawings.
2.02 BASIN, VALVE PIT AND ACCESSORIES
A. The basin and valve pit are to be constructed of precast concrete meeting the requirements
of ASTM C-478. Cast-in-place monolithic structures may be substituted with the prior
written approval of the City. Minimum valve vault and wetwell diameter shall be 6'-0'.
The actual arrangement of the structures are to be as shown in the approved Plans. The
wetwell basin top shall be provided with a six ( 6) inch stainless steel vent having a
downward pointing inlet and screen over the inlet opening.
B. The basin, valve pit, flat tops, and base slabs are to be constructed of precast or cast-in-
place reinforced concrete manhole sections conforming to ASTM C-478. All joints
between precast sections shall be made with an approved rubber O-Ring in accordance
with ASTM C-443 and a 1/2 inch diameter non-asphaltic mastic conforming to AASHTO
M-198 and Federal Specification SS-521-A. All manhole joints shall be sealed with an
external joint wrap material. Material shall be 9-inch width Infi-Shield® Gator Wrap by
Sealing Systems, Inc. In addition, the outside wall below grade is to be coated with
bituminous waterproofing material. The top and bottom of the chambers shall be precast
or may be poured in place concrete if approved by the City Engineer.
C. The wetwell pump basin and the valve pit chamber shall be enclosed at grade level with a
reinforced concrete pad rectangular in shape and extending a minimum of 1'-0' from the
chambers outside dimension.
D. All concrete surfaces within the wet well shall be coated with one of the products listed
below. These products shall only be applied by personnel thoroughly familiar with
handling of the coating material, and in accordance with the manufacturer' s specifications,
recommendations and requirements.
1. Raven Ultra High-Build Epoxy Coating, designated as Raven 405, with an average
thickness of 100 mils and a minimum thickness of 80 mils.
2. Warren Environmental Systems, designated as S-301, with an average thickness of
100 mils and a minimum thickness of 80 mils.
3. The above epoxies shall meet the following minimum requirements:
Flexural Strength ASTM D790 6,000 psi
Compressive Strength ASTM D695 8,000 psi
Tensile Strength ASTM D638 4,000 psi
Tensile Elongation ASTM D638 4%
Adhesion ASTM D4541 Concrete Substrate Failure
4. A Tnemec system to include Tnemec Series 434 Permashield with a topcoat of
Tnemec Series 435 Perma Glaze will be reviewed on specific projects as an
approved equal.
3500_ Lift_Stations 7
E. The pump supplier shall provide an aluminum two ( 2) door access hatch frame and door
assembly to be installed in the concrete basin top. This door assembly shall provide access
for removal of the pumps and shall support the guide rails. The doors shall be provided
with lifting handle, safety latch to hold door in the open position and a hasp suitable for
padlock. The doors shall have a nonskid finish and be designed for light, medium, or heavy
duty, depending on the location of the pumping station.
F. An aluminum single door access hatch frame and door assembly similar to the one
described above shall be provided for use as entry to the valve pit. Minimum opening for
the valve box entry shall be thirty-six (36) inch by thirty-six (36) inch.
G. A swing check valve with external swing arm and a full port ( 100% area) eccentric plug
valve shall be installed in the valve pit in each pump' s discharge piping. A minimum
clearance of twelve ( 12) inches shall be allowed from the bottom of the valves to invert of
the pit. A drain pipe and p-trap shall be installed to drain the valve pit back to the wet basin
but not allow the wet basin liquid to enter the valve pit. In addition, a 1/2” NPT tap and
ball valve shall be provided on the discharge side of the pumps past the valves to facilitate
pressure readings for the pump discharge.
H. All yard piping within the pump station site shall be centrifugally cast ductile iron and shall
conform to ANSI Specifications A21.51 and AWWA C-151, latest revision and shall be
Pressure Class 350, 300, 250, or 200 wall thickness dependent upon site conditions. All
direct buried ductile iron pipe and fittings shall be double poly-wrapped.
I. Force main pipe downstream of the pig launch structure shall be DIP or PVC in accordance
with these Standards. All force main pipe shall have tracer wire installed along its entire
length. Gate valves ( up to 10-inch) or full-port plug valves ( 12-inch) shall be installed
along its length, not to exceed 1000’ unless a variance is approved by the City for long
force mains, and shall be marked sewer. An empty valve box shall be installed in the
vicinity of the discharge manhole and at fittings that cause a change in direction where the
tracer wire can be brought to grade for a point of connection to aid in tracing the force
main. The valve box shall be marked sewer. A 2-inch SCH-40 PVC pipe shall be installed
in the empty valve box. The pipe shall have a pipe marker label affixed and further labeled
No Valve, Tracer Wire Only.” The force main shall have tape marked sewer wrapped
around the pipe with complete revolutions not to exceed 6’. Tape marked sewer shall also
be installed in the trench 18” above the top of the sewer force main.
J. Sewer line markers shall be TriView Marking System by Rhino Marking and Protection
Systems, Carsonite International Dual-Sided Utility Marker (CIB-380). All markers shall
be installed according to the manufacturer’ s recommendations. The uppermost portion of
the Carsonite marker shall be made of Visibility Enhancer ( CVE-360) and must be bolted
to the utility marker. TriView markers do not require visibility enhancers. The utility
marker shall read as follows: “ CAUTION, SEWER PIPELINE”, “ City of Fayetteville”,
and “ Before Digging Call 1-800-482-8998". The label shall also include the official City
Logo and be white in color with green and black lettering. The label shall be affixed to
two sides of the marker. An additional white 1” wide reflective tape ( 3M) shall be placed
3500_ Lift_Stations 8
around the full circumference of the top of the marker. Concrete shall be placed 6-inches
around and 1-foot deep around the base of each marker.
K. All force mains shall be equipped with a pig launch within the pump station site. A fire
hydrant is required to be located within 100’ of the site to facilitate pigging of the force
main.
2.03 GENERAL ELECTRICAL
A. A single main fusible or breaker disconnect switch of adequate size to provide power for
the " control center" and its related components shall be provided by the Contractor.
B. The disconnect switch shall be housed in a NEMA 4X stainless steel enclosure with an
external operation handle capable of being locked in the ON position.
C. The pump station site shall include a GFI convenience outlet with 20 amp breaker and
suitable transformer or power supply to provide 110 volt single phase power to the
convenience outlet.
D. A minimum four (4) inch and two (2) inch PVC schedule 40 wall conduits shall be provided
from the wetwell basin to the control center which will allow the pump power cables,
sensor cables and level controls to be pulled through without difficulty and allow the use
of one ( 1) piece cables from the pumps and level controls to the control center. The conduit
shall be sealed at the control center to avoid entrance of sewer gases into the control panel.
E. A minimum three-quarter (3/4) inch and two (2) inch PVC schedule 40 wall conduits shall
be provided from the valve vault to the control center for future remote monitoring of the
swing check valves.
F. All vertical conduit and transitions from horizontal to vertical runs shall be rigid metallic
conduit. Horizontal, below grade, conduit runs may be either Schedule 40 PVC or rigid
metallic conduit.
G. All electric components shall be properly labelled per NFPA 70E requirements.
2.04 CONTROL CENTER
A. The control center shall be built in a NEMA 4X stainless steel enclosure and shall be
suitable for the specified horsepower and voltage for the pumping equipment. Enclosure
size must be verified by City prior to ordering to ensure all components will fit properly.
The outer door of the panel shall be hinged dead front with provisions for locking with a
padlock. Inside shall be a separate hinged panel to protect all electrical components. H-
O-A switches, run lights, circuit breakers, etc. shall be mounted such that only the faces
protrude through the inside swing panel and no wiring is connected to the back side of the
inside swing panel. The control center shall be located so as to provide safe access to the
panel while wetwell hatch doors are opened, and shall be positioned so as not to be between
the access drive and the wetwell.
3500_ Lift_Stations 9
B. A circuit breaker and magnetic starter with three ( 3) leg overload protection and manual
reset shall be provided for each pump. Starters shall have auxiliary contacts to operate
both pumps on override condition. A separate circuit breaker shall be supplied for power
to the control circuit. The control center shall include an extra circuit breaker of adequate
size to provide 115 volt, single phase power for the remote monitor panel ( PLC cabinet).
The control center shall include a control voltage transformer to reduce supply voltage 115
volt, the float circuit and associated relays which shall be provided with 24 volt control
voltage. A green run light and H-O-A switch shall be provided for each pump. A terminal
strip shall be provided to make field connections of pump power leads, level control, seal
sensor leads, heat sensor leads, and remote monitor panel interconnections.
C. The control center shall incorporate connections for heat sensors which are installed in the
pumps. The connection shall disconnect the starter upon high temperature signal and will
automatically reconnect when condition has been corrected.
D. The control center shall incorporate connections for seal failure sensors which are installed
in the pumps. The panel will have a seal failure alarm light for each pump. This alarm
indicates failure of the lower mechanical seal in the pump. This will be an alarm light only
and will not shut down the pump.
E. The control center shall include an hour meter for each pump to register the elapsed
operating time of each pump.
F. The control center shall have a high water alarm built into the main enclosure. The high
water alarm shall consist of a flashing alarm light with red Lexan plastic cover or red glass
globe with metal guard mounted above the top of the enclosure such that it is visible from
all directions. An alarm horn shall be mounted on the side of the enclosure. A push to test
horn and light button as well as a push to silence horn button shall be provided and mounted
on the side of the enclosure. Unistrut or other means shall be used to avoid a penetration in
the building for these features.
G. The control center shall include a condensate heater to protect against condensation inside
the enclosure. The heater shall be placed so as not to damage any other component or
wiring in the control center.
H. The control center shall include lightning protection and a phase monitor relay to shut down
the control circuit and protect the equipment due to loss of phase or phase reversal. The
three ( 3) phase sequence voltage relay shall be of the 8-pin connector type.
I. The control center shall be suitable for connection to a remote monitor package as
described in the section titled " Remote Monitor Package". The main control must include
the following interconnection capability:
1. Circuit breaker to power remote monitor panel as described above.
2. Relay dry contact to signal power failure to panel
3. Relay dry contact to signal phase failure
3500_ Lift_Stations 10
4. Relay dry contact to signal generator fault alarm
5. Relay dry contact to signal generator run status, i.e. ON or OFF
6. Relay dry contact to signal transfer switch status on utility power
7. Relay dry contact to signal transfer switch status on generator power
8. Relay dry contact to signal drywell flood (if applicable)
9. Relay dry contact to signal site or vault intrusion alarm ( if applicable)
10. Relay dry contacts to signal float status in wetwell ( low, lead, lag, high floats)
11. Relay dry contact to signal pump( s) HOA switch in hand
12. Relay dry contact to signal pump( s) HOA switch in automatic
13. Relay dry contact to signal pump( s) running status, i.e. ON or OFF
14. Relay dry contact to signal pump( s) tripping of the overload
15. Relay dry contact to signal pump( s) seal failure ( if applicable)
16. Relay dry contact to signal pump( s) over temperature failure
17. Analog input signaling the wetwell level
18. Relay dry contacts for the PLC to call for the pump( s) to be turned ON/ OFF
J. All component of the control center shall be American made and available from local
sources. In particular, items such as circuit breakers, overload protection, relays, etc. shall
be available and in stock by local sources.
K. Pump control shall be achieved by the use of a pressure transducer. The Controller shall
be an Automation Direct Productivity 2000 with the following components:
1. Seven slot base model P2-07B
2. Power supply 110VAC model P2-01AC
3. CPU model P2-550
4. Digital input card model P2-16ND3-1 (quantity 2 for two pumps, quantity 3 for 3-
4 pumps)
5. Isolated Relay output card model P2-08TRS
6. Analog input card model P2-08AD-1
7. Model P2-FILL to cover remaining open I/O cards
The Contractor will provide all hardware and wiring, City will provide PLC Software and
programming.
L. In addition to the pressure transducer, a backup float system shall be provided to monitor
wet well level. System should consist of low/off, lead, lag, and high-level floats and should
be installed such that the system can operate the pumps in the event the pressure transducer
fails or the PLC fails.
2.05 SCADA REMOTE MONITOR PACKAGE
A. The station shall be equipped with a remote monitor capable of monitoring the
status of the lift station and communicating with the City's existing SCADA system
housed at the Noland WWTP. This system shall be purchased and installed by the
City at the developer' s or contractor' s expense. The costs of the SCADA system
3500_ Lift_Stations 11
charged to the developer or contractor will be the actual costs based on site-specific
design as approved by the City.
2.06 SPARE PARTS
A. The Contractor shall supply one set of spare parts for each pump for each station, including
at a minimum the following:
1. Impeller;
2. Upper seal assembly;
3. Lower seal assembly;
4. Upper bearing assembly;
5. Lower bearing assembly;
6. Wear rings; and
7. O-Rings and gaskets ( two (2) sets).
2.07 OPERATION AND MAINTENANCE MANUALS
A. Three ( 3) operation and maintenance manuals shall be submitted to the City
B. Manuals shall include, at a minimum:
1. Operation instructions;
2. Maintenance instructions;
3. Recommended spare parts list;
4. Lubrication schedules;
5. Structural diagrams;
6. As-built wiring diagrams; and
7. Bill of materials.
8. Copy of design engineer’ s pump operating point calculations, population
assumptions, average daily flow, and peaking factor
2.08 GENERATOR SET
A. GENERAL
1. The pump station shall include an on-site backup power generator. The generator
and lift station combination must include switching and control gear such that the
backup power source is activated automatically without human action. The fuel
source shall be natural gas. In the event that natural gas is unavailable, propane, or
diesel shall be used with a minimum fuel tank/ storage sized to run all pumps at full
load for 48 hours. The generator must be capable of operating the lift station at full
capacity, i.e., with the largest pumps, impellers, and motors, and the greatest
number of pumps, that the lift station can physically contain, with all of the above
operating at full speed simultaneously.
3500_ Lift_Stations 12
B. EQUIPMENT
1. The generator set shall be minimally rated at the kW rating as indicated on the
drawings when operating at 277/ 480 volts, 0.8 lagging power factor. The generator
set shall be capable of this rating while operating in an ambient temperature
condition of 122° F (50° C).
2. The generator set shall be capable of starting motor loads as indicated on the
drawings along with a minimum station load of 5 kW and a maximum voltage dip
of 25%.
3. The engine shall deliver power at a governed speed of 1800 rpm.
4. Sound Attenuated Weather Protective Enclosure
a. Manufacturer shall have a minimum five years experience in the design and
construction of weather-protected generator-set enclosures.
b. The enclosure panels shall be assembled with modular, bolt-together
construction.
c. Enclosure shall include the following features:
1) Foam insulation on all interior surfaces
2) Sound level not to exceed 68 dba within 7 meters of enclosure
surface in any direction
3) All exterior and interior surfaces finished with baked-on powder-
coat
4) Bottom flange with multiple mounting holes
5) Stainless steel door hardware and lift-off hinges
6) Lockable doors
7) Gasketed access doors
5. Automatic Transfer Switch ( ATS)
a. It is the intent of this specification to secure automatic transfer switches that
have been prototype tested, factory built, production tested, and site tested,
together with all accessories necessary for a complete installation as shown
on the plans and drawings and specified herein. Automatic transfer
switches with number of poles, voltage and current ratings as shown on the
plans shall be provided. Each ATS shall consist of an inherently double-
throw power transfer switch unit and a control module interconnected to
provide complete automatic operation. All equipment shall be new and of
current production by an international firm which manufactures the
generator, controls, and transfer switch. The company selected will
assemble the standby generator set and system as a matched unit so that
there is one-source responsibility for warranty, parts and service through a
local representative with factory-trained personnel.
3500_ Lift_Stations 13
b. ATS shall be sized as indicated on the drawings, 480 volt, 3 phase, 4 wire,
3 pole with solid neutral.
c. ATS shall have dry contacts necessary to send status to SCADA ( i.e.,
transfer switch on utility and transfer switch on generator).
6. Submit motor starting calculations and generator sizing calculations for approval.
7. The generator set shall provide the following status signals to the SCADA package:
a. Generator status
b. Generator general alarm
8. Generac.
PART 3 – EXECUTION
3.01 SYSTEM OPERATION
A. On wet well level rise, the lead pump shall start at the lead pump ON elevation. With the
lead pump operating, the wet well level shall lower to all pumps OFF and turn off the
pump.
B. If the wet well level continues to rise when lead pump is operating, the override switch
shall energize and start the lag pump. Both lead and lag pumps shall operate together until
low level switch turns off both pumps. If level continues to rise when both pumps are
operating, alarm level switch shall energize and signal the alarm.
C. If one pump should fail for any reason, the second pump shall operate on the override
switch.
D. If the pumps fail to turn off for any reason after receiving the signal for all pumps OFF, a
low level alarm shall signal.
E. All level controls shall be adjustable for level setting from the surface.
3.02 SYSTEM TESTING AND ACCEPTANCE
A. The City will provide the contractor and owner with a Lift Station Startup Checklist,
updated periodically, explaining expectations for lift station testing and demonstrations
onsite prior to the system receiving live sewerage and transferring operational ownership
to the City.
3500_ Lift_Stations 14
END OF SECTION 3500
3500_ Lift_Stations 15
SECTION 3600 CAST-IN-PLACE CONCRETE
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This section covers cast-in-place concrete materials, reinforcing steel, forms, and finishing
in conjunction with water and sewer construction.
B. Use specification defined “ Class 1” 4,000-psi concrete for miscellaneous non-structural
bedding, thrust blocking, anchor collars, and cast-in-place manholes.
D. Structural concrete for building and environmental structures shall comply with the
applicable requirements of ACI 318 and ACI 350 latest editions. Concrete for structures
is not a Standard Specification and shall require submittal, review and approval for specific
case by case basis and in accordance with Sections 1000 General Conditions.
1.02 QUALITY ASSURANCE
A. If requested by the City, or the Engineer of Record, the concrete shall be tested as required
in Table 11-1 , City of Fayetteville Arkansas Minimum Street Standards, as follows.
1.03 SUBMITTALS
A. Submit mix design, equipment details, and vendor name for field batched concrete.
3600_ Concrete 1
Table 11-1 Materials Testing
AASHTO ASTM Frequency
Subgrade
Sampling R58 D420
Soil Classification M145 D3282/ D2488/ D2487
Per soil type encountered
Standard Proctor T99/ T310 D698
Modified Proctor T180/ T310 D1557
Density & Moisture 1 per 300 LF lane
T191/ T233/ T310 D6938
Content minimum 1 per lane)
Aggregate Base Course
Gradation T27 C136
Standard Proctor T99 D698 1 per source
Modified Proctor T180 D1557
Density & Moisture 1 per 300 LF lane
T310 D6938
Content minimum 1 per lane)
Asphalt Concrete Hot Mix
Sampling T168 D979 -
Density ( Nuclear) -D2950 As directed by City
1 per 500 LF paved
Density ( Coring) T166 D2726
minimum 2 total)
Portland Cement Concrete
Sampling T141 C172 1 per 100 CY
Mold and Cure T23 C31 1 per 1000 LF ( curb)
Cylinder Transport T23 C31 minimum 1 per day)
Slump T119 C143
Air Content T152 C231 See Table 11-2 for Mix
Compressive Strength T22 C39 Design
Compressive Strength
T24 C42 As directed by City
Coring)
Table 11-2 Concrete Mix Design
Concrete Properties Class 1
28-Day Compressive Strength ( psi) 4000
Portland Cement ( bags) 6.0
Max. Water/ Cement Ratio 0.45
Slump Range ( inches) 1-4
Air Entrainment (%) 4-7
Maximum Fly Ash Content (%) 20
3600_ Concrete 2
PART 2 -PRODUCTS
2.01 CONCRETE
A. Concrete: composed of Portland cement; fine and coarse aggregate; water; and, an air
entraining agent. Provide either Class 1 concrete as described below.
B. For Class 1 concrete use ready-mixed concrete; conform to ASTM C 94, latest edition;
deliver and place within one hour after all materials have been placed in the mixing drum.
C. The concrete mix shall be designed so that the proportions will produce results that will
meet the requirements of Class 1 concrete. Proportion components, except water, by
weight. Water may be measured by volume. One sack of Portland Cement consists of one
cubic foot or 94 pounds. Proportion components to meet these requirements:
1. Class 1 Concrete:
a. Maximum net water/ cement ratio = 0.45
b. Portland cement ( bags) 6.0 minimum
c. Slump range: 1 - 4 inches
d. Minimum 28 day compressive strength: 4,000 PSI
e. Air Content: 4 - 7
D. Before beginning any concrete work, the Contractor shall have the concrete mix designed
and the ingredients selected and proportioned by an approved independent testing
laboratory meeting the requirements of ASTM E 329. Certified copies of all laboratory
trial mix reports shall be sent to the Engineer from the testing laboratory for review. Do
not place concrete prior to the Engineer' s review and acceptance in writing of the concrete
mix design.
E. Cement: Portland Cement conforming to AASHTO M 85, Type I. Use Type III cement (
high early strength ) only if approved by the Engineer.
F. Fly ash: Fly ash may be used as a partial cement replacement not exceeding 20% by weight
of the cement when approved by the City. When fly ash is used, the total weight of both
cement and fly ash will be used in design calculations.
G. Water: potable water free from injurious amounts of acids, alkalis, oils, sewage, vegetable
matter and dirt.
H. Air entraining agent: use in all Class 1 concrete as required; conform to AASHTO M 154;
add to the mixing water in solution; proportion to provide four ( 4) to seven ( 7) percent air
in the concrete.
I. Fine aggregate: clean, hard, durable particles of natural sand free from injurious amounts
of organic impurities; conform to the graduation requirements of AASHTO T 27.
3600_ Concrete 3
J. Coarse aggregate: clean, hard and durable crushed stone or washed gravel; reasonably well
graded from course to fine; per AASHTO T 27.
2.02 REINFORCING STEEL
A. Steel bars: deformed, conforming to ASTM A 615 or A 617.
B. Steel wire: conform to ASTM A 82, Cold-Drawn Steel Wire for Concrete Reinforcement.
C. Wire mesh: conform to ASTM A 185; gauge and mesh per plans.
D. Submit reinforcing steel bars shop drawings for approval.
E. All steel reinforcement: free from rust, scale, mortar, dirt, or other objectionable coatings.
PART 3 – EXECUTION
3.01 GENERAL
A. Perform excavation per Section 2300 -Excavation, Backfilling, and Compacting.
B. Build forms neat, square, and flat so concrete will have smooth finish when forms are
pulled. Construct forms to provide finished concrete to dimensions shown on plans.
C. Place reinforcing steel accurately in accordance with details shown on the plans and
properly secure in position.
D. Concrete shall not be placed when the temperature is below 40° F and dropping or below
35° F if the temperature is rising, unless approved by the Engineer.
E. Vibrate all structural concrete as it is placed using internal vibrators capable of transmitting
vibration to the concrete at frequencies not less than 4,500 impulses per minute. Do not
use form vibrators. Limit vibration to provide satisfactory consolidation without causing
segregation. Do not insert vibrator more than six ( 6) inches into the lower courses
previously vibrated. Use vibrators in a substantially vertical position; insert at uniformly
spaced points no farther apart than the visible effectiveness of the vibrator.
F. Allow concrete to cure for at least 48 hours before stripping forms. If concrete is in a
structural member, do not remove forms until the concrete can withstand safely all
superimposed loads.
G. On all exposed surfaces, remove all fins and projections so the surface is smooth. Cut out
and fill with grout any honeycombed areas. Extensive honeycombing is not allowable.
3600_ Concrete 4
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF SECTION 3600
3600_ Concrete 5
SECTION 4000 WATER PIPE, FITTINGS AND MATERIALS
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This section covers pipe, pipe joints, fire hydrants, fittings, and other materials for water lines
and service lines.
B. Use only materials approved by the City of Fayetteville.
C. The Standard Specifications include pipe and fitting in diameters up to and including 18-inch
diameter. Pipe and fittings for nominal pipe diameters/ sizes greater than 18-inch are not a
Standard Specification. Projects including pipe and fittings for nominal pipe sizes greater than
18-inch will be considered on specific case by case basis in accordance with Section 1000
General Requirements.
D. Any and all work for, on, or connecting to the City’ s concrete pressure water pipe (Prestressed
Concrete Cylinder Pipe, PCCP) is not permitted as a Standard Specification. Work for, on or
connecting to the City’ s PCCP will be considered on specific case by case basis in accordance
with Section 1000 General Requirements.
1.02 SUBMITTALS
A. The Engineer of Record shall approve all materials.
B. Submittals will further include the manufacturer' s certificate that the materials meet with
these Specification requirements including material testing requirements.
1.03 LEAD-FREE BRASS
A. All brass shall be manufactured in accordance with the Safe Drinking Water Act ( SWDA
latest edition and as amended) to be LEAD-FREE brass.
1.04 LEAD-FREE PIPES, FITTINGS, FIXTURES, SOLDER and FLUX
A. Comply with the Safe Drinking Water Act (SWDA) latest edition and as amended.
PART 2 – PRODUCTS
2.01 GENERAL
A. DOMESTIC UNITED STATES OF AMERICA ( USA) MANUFACTURE
Comply with SECTION 1000 GENERAL REQUIREMENTS 1.05.A DOMESTIC USA
MANUFACTURE.
4000_ Water_ Materials 1
B. MINIMUM WORKING PRESSURE
Unless approved otherwise in writing by both the Utilities Director and the designated City ‘ s
engineer, all pipe, fittings, materials, and appurtenances used in potable water line installation
and repair will be rated for a minimum working pressure of 250 psi. Additional, higher than
250 psi requirements, apply to individual items as specified.
2.02 POLYVINYL CHLORIDE ( PVC) PIPE FOR WATER LINES
A. PVC pipe for water lines shall be blue in color.
B. PVC pipe less than 4 inches is not permitted for water mains/ lines per the Standard
Specifications.
PVC pipe for water service extensions less than 4 inches diameter will be considered only
on specific case by case basis in accordance with Section 1000 General Requirements
and Section 2001 Design Standards – Water. PVC pipe for water service extensions less
than 4 inch diameter, if approved, shall be ASTM D-2241 SDR 13.5 and further meeting
all requirements of these Standards.
C PVC pipe 4 inches through 12 inches in size shall be manufactured in accordance with
AWWA C900, latest revision, and shall be DR 14. Ten ( 10) inch diameter water main/ pipe
is not permitted.
D. PVC pipe, couplings, and fabricated fittings shall be made from virgin PVC resin that
has been compounded to provide physical and chemical properties that equal or
exceed cell class 12454 as defined in ASTM D1784, latest revision. Clean, reworked
material generated from the manufacturer' s own production shall be acceptable as long as
the pipe produced meets all the requirements of the Specifications.
E. Joints for PVC pipe shall conform to ASTM Specification D-3139, latest revision.
F. Nominal laying length shall be 20 feet. Minimum length of a cut section of pipe shall be
5 feet.
G. Marking on pipe shall include the following and shall be applied at intervals of not more than
5 feet.
1. Nominal size in inches and OD base ( for example, 8 DI).
2. PVC.
3. Dimension ratio (for example, DR 14).
4. AWWA pressure class ( for example, PC 305).
4000_ Water_ Materials 2
5. Test pressure for hydrotested pipe ( for example, T330) or if not tested, “ NOT
HYDROSTATIC PROOF TESTED.”
6. AWWA designation number for this standard ( ANSI/ AWWA C900, or ASTM
D-2241).
7. Manufacturer’ s name or trademark and production run record or lot code.
8. Seal ( mark) of the testing agency verifying the suitability of the pipe material
for potable-water service.
2.03 DUCTILE IRON PIPE FOR WATER LINES
A. Ductile Iron Pipe shall conform to the requirements of " Ductile-Iron Pipe, Centrifugally
Cast" AWWA Standard C151/ A21.51, latest revision.
B. Ductile iron pipe shall be designed in accordance with the requirements of " Thickness
Design of Ductile-Iron Pipe", ANSI/ AWWA C150/ A21. 50, latest revision. Minimum
pressure class shall be 250 psi.
C. Joint connections, pipe and fittings ( latest revision):
1. Push on and mechanical rubber gasket joints: ANSI/AWWA C111/A21.11.
2. Flanged: ANSI/AWWA C115/A21.15, ANSI B16.1.
3. Grooved and shouldered ANSI/ AWWA C606.
D. Nominal laying length shall be 20 feet. Minimum length of a cut section of pipe shall be
5 feet.
E. Weights and Marking: Weights of pipe and fittings shall conform strictly to the
requirements of ANSI Specifications. The weight, class or nominal thickness, and casting
period shall be shown on each pipe. The manufacturer’ s mark, country where cast, year in
which the pipe was produced, and the letters “ DI” or “ DUCTILE” shall be cast or metal
stamped on the pipe, and letters and numerals on pipe sizes 14 in. (356 mm) and larger
shall be not less than 1/ 2 in. (13 mm) in height.
F. Interior Lining Required
The interior lining for use under normal conditions shall be a cement– mortar lining without
seal coat in accordance with the latest revision of ANSI/ AWWA C104/ A21. 4, latest
revision and NSF 61.
G. Exterior Corrosion Control
Outside coating shall be manufacturer’ s standard 1 mil thickness asphaltic exterior coating
per ANSI/AWWA C151/A21.51. Per the Ductile Iron Pipe Research Association ( DIPRA)
the 1 mil asphaltic coating is not a corrosion control method but furnished by the
manufacturers to minimize atmospheric oxidation for aesthetic reasons.
4000_ Water_ Materials 3
Ductile Iron Pipe and fittings shall be double wrapped in polyethylene tube or sheet materials
conforming to the requirements of ANSI/AWWA C105/A21.5.
Additional corrosion control methods, including but not limited to cathodic protection and/ or
zinc coating, may be required for specific sites and projects as requested by the City or
designed by the Engineer and in accordance with DIPRA publication “ The Design Decision
Model for Corrosion Control of Ductile Iron Pipe” latest edition.
H. All ductile iron pipe shall be Made in USA.
2.04 POLYETHYLENE ( PE) PRESSURE PIPE AND TUBING
A. Polyethylene ( PE) pressure pipe is not permitted as publically ( City) maintained water main
or water service lines.
2.05 COATED COPPER PIPE/SERVICE TUBING
A. Coated Copper Pipe 1” – 2”:
Coated copper pipe shall be Type “ K”, soft tempered, seamless, annealed, copper pipe
suitable for use for underground water service installation, in accordance with ASTM
B88, and with an approved polyethylene coating system ( minimum 25 mil). Coated
copper pipe shall meet or exceed NSF-61 requirements.
Damage to the polyethylene coating for the coated copper pipe must be repaired with
Polyken Tape Coating or Denso paste and tape, or as recommended by the coated copper
pipe manufacturer’ s engineer.
B. Connections to ductile iron pipe ( DIP) main lines including fittings for coated copper
pipe to DIP main lines shall be double poly wrapped ( polyethylene encasement) a
minimum of three feet beyond the DIP main pipe onto the coated copper service line.
C. Copper shall be joined using ProPress fittings by Viega and feature green dot Smart
Connect markings.
D. Coated copper pipe under roadways shall be encased in SDR9 polyethylene, ASTM D-
2241 SDR13. 5 pipe sleeve, or C900 PVC.
E. Polyethylene pressure pipe and tubing ( PE or HDPE or variations) shall not be used for
publically maintained water service materials.
4000_ Water_ Materials 4
2.06 POLYETHYLENE ENCASEMENT ( PIPE WRAP)
A. Polyethylene encasement shall be in conformance to ANSI/AWWA C105/A21.5, latest
revision. The virgin linear low-density polyethylene film shall have a minimum normal
thickness of .008 inches ( 8 mils), and shall be provided in either flat tube or sheet form.
B. The color shall be black with nominal 2% carbon black UV inhibitor and printed per the
AWWA C105 standard.
C. Tape for field taping of polywrapped pipe, fittings, etc. or field repair of missing
polyethylene encasement material shall be Polyken # 900 or Scotchrap # 50, at least 2-inches
wide, and installed as per the Polyethylene Encasement Installation Guide published by
DIPRA. Duct Tape is not permitted.
D. All buried iron pipe, valves, and fittings shall be double wrapped.
2.07 DUCTILE IRON FITTINGS
A. All ductile iron fittings shall conform to the requirements of ANSI/ AWWA C153/ A21. 53,
latest revision, for Ductile Iron Compact Fittings. All fittings shall be MJ x MJ. All fittings
shall be fusion-bonded epoxy coated inside and outside in accordance with ANSI/ AWWA
C116/ A21.16.
B. All ductile iron fittings shall be Made in USA.
2.08 FOSTER ADAPTERS
A. Compact MJ restraints shall be Foster Adapter by Infact Corporation. Made in USA.
2.09 SWIVEL ADAPTERS AND HYDRANT TEES
A. Swivel adapters and hydrant tees shall be designed for a working pressure of at least 250-psi
and to fit standard mechanical joint fittings ( AWWA C111). One end of the swivel adapter
and the branch of the hydrant tee shall be provided with a gland that may be rotated 360
degrees on the fitting. Lengths of swivel adapters shall be as specified.
2.10 MECHANICAL JOINT RETAINER GLANDS
A. Restraint devices for mechanical joint fittings and appurtenances for nominal pipe sizes 3-
inch through 24-inch shall consist of multiple gripping wedges incorporated into a follower
gland meeting the applicable requirements of ANSI/ AWWA C110/ A21. 10.
B. Mechanical joint retainer glands shall be made from ductile iron and shall be designed for
a working pressure of at least 350-psi for 3-inch through 16-inch ductile iron pipe, at least
305-psi for 3-inch through 8-inch PVC, and at least 250-psi for 12- 24 inch ductile iron
pipe.
4000_ Water_ Materials 5
C. Retainer glands shall have an approved coating system for corrosion resistance equivalent
to MEGA-BOND® and manufacturing traceability. Retainer glands shall be
manufactured by EBAA Iron, Inc. (USA only), Smith-Blair, Inc. (USA only), or Star Pipe
Products ( USA only).
1. Retainer glands for pipe sizes 3-inch through 12-inch shall be manufactured by
EBAA Iron, Inc. (USA only), Smith-Blair, Inc. (USA only), or Star Pipe Products
USA only).
2. Retainer glands for pipe sizes greater than 12-inches shall be manufactured by
EBAA Iron, Inc.(USA only), or Star Pipe Products ( USA only).
2.11 PIPE RESTRAINTS
A. Bell restraints for AWWA C900 PVC sizes 4-inch through 8-inch shall be Series 1900
Restraint Harness, as manufactured by EBAA Iron, Inc. (USA Only). Devices shall have
an approved coating system for corrosion resistance equivalent to MEGA-BOND® and
manufacturing traceability.
B. Bell restraints for Ductile Iron Pipe sizes 4-inch through 24-inch shall be Series 1700
Restraint Harness, as manufactured by EBAA Iron, Inc. (USA Only). Devices shall have
an approved coating system for corrosion resistance equivalent to MEGA-BOND® and
manufacturing traceability.
C. When all-thread attachments are required, eye-bolt style attachments are not permitted.
Romac “ Ductile Lug” style attachments shall be used. All-threads shall be made of 316
stainless steel.
2.12 RESTRAINED FLANGED COUPLING ADAPTERS
A. Flanged coupling adapters used to transition from plain end pipe to a flanged fitting, above
ground, shall be EBAA Iron Series 2100 or Romac. Made in USA.
B. Pressure rating shall be a minimum of 250 psi and be fusion bonded epoxy coated.
2.13 RESTRAINED COUPLINGS
A. Restrained couplings to connect two pieces of pipe, size on size, shall be Made in USA,
EBAA Iron Series 3800 Restrained Coupling or Romac 400RG.
B. Restrained coupling pressure rating shall be a minimum of 250 psi and be fusion bonded
epoxy coated.
4000_ Water_ Materials 6
2.14 BOLTS AND NUTS
A. All bolts and nuts for valves, fittings, and restraints shall be 316 stainless steel unless
specified otherwise. Anti-seize lubricant shall be used when assembling all stainless steel
hardware to reduce galling.
2.15 GATE VALVES
A. Gate valves 4-inch through 8-inch nominal pipe size shall be resilient-seated type, non-
rising stem gate valves, in conformance with the requirements of AWWA C509 or AWWA
C515, latest revision. Ten ( 10) inch pipe and gate valves are not permitted for water
main/ pipe.
B. Gate valves shall be Made in USA and shall be Mueller Series 2360, American Flow
Control Series 2500, American AVK Company Series 25 or Series 45, or Clow 2638
C. All gate valves shall be designed for a minimum of 250 psi working pressure. All gate
valves shall have 304 stainless steel bolts.
D. All gate valves shall have O-ring stem seals. The O-ring stem seal shall be so designed
that the seal above the stem collar can be replaced with the valve under pressure in the
full-open position.
E. Gate valves shall have standard mechanical joint ends unless otherwise indicated on the
approved Drawings.
F. Buried gate valves shall be designed for operation with a nominal 2-inch square operating
nut. The standard direction of opening shall be open left as viewed from the top.
G. Handwheels for gate valves shall be in conformance to AWWA C515, latest revision.
H. The interior and exterior of the valve body and bonnet shall have factory applied fusion
bonded epoxy coating meeting AWWA C550, latest revision.
I. Valves shall be tested in accordance with AWWA C515, latest revision.
J. Markings shall be cast on the bonnet or body, or stamped
resistant tag of each valve.
1. Manufacturer’ s name or mark.
2. Year the valve casting was made.
3. Size of the valve.
4. Letters C509 or C515
5. Working water pressure ( e.g. 250W)
on a permanently affixed corrosion-
4000_ Water_ Materials 7
2.16 BUTTERFLY VALVES
A. Butterfly valves are required for pipe 12-inch and larger. Butterfly valves shall be Made
in USA. Butterfly valves shall conform to the requirements of AWWA C504, latest
revision, for Rubber-Seated Butterfly Valves.
B. Butterfly valves shall be Pratt HP250II or Dezurik BAW.
C. Butterfly valves shall be designed for a minimum of 250 psi working pressure. Butterfly
valves shall have 304 stainless steel bolts.
D. Butterfly valves shall be of the tight closing, synthetic rubber-seat type, as follows.
1. Valves 20 inches ( nominal diameter) and smaller shall have bonded seats which are
simultaneously molded in, vulcanized and bonded to the body. Seat bond must
withstand 75 pounds pull under test procedure ASTM D429, Method B.
2. On valves 24 inches and larger, all seats shall be of a synthetic rubber compound.
Seats shall be retained in the valve body by mechanical means without retaining
rings, segments, screws or hardware of any kind in the flow stream. Seats shall be
a full 360° without interruption and have a plurality of grooves mating with a
spherical disc edge seating surface. Valve seats shall be field adjustable around the
full 360° circumference and replaceable without dismantling operator, disc or shaft
and without removing the valve from the line.
E. Valve discs shall utilize an on-center shaft and symmetrical design and be cast from Ductile
Iron ASTM A536 Gr. 65-45-12. The disc edge shall be stainless steel type 316.
F. Butterfly valves shall have standard mechanical joint ends unless otherwise indicated on
the Drawings.
G. Buried butterfly valves shall be designed for operation with a nominal 2-inch square
operating nut. The standard direction of opening shall be open left as viewed from the top.
The valve shaft shall be constructed of stainless steel and the bearings shall be corrosion
resistant and self-lubricating. The valves shall be equipped with a totally enclosed type
operator, fully gasketed and grease packed, suitable for direct burial.
H. The interior and exterior of the valve body and bonnet shall have factory applied epoxy
coating system meeting AWWA C550, latest revision.
I. Valves shall be tested in accordance with AWWA C504, latest revision.
J. Markings shall be cast on the bonnet or body, or stamped on a permanently affixed corrosion-
resistant tag of each valve.
1. Manufacturer’ s name or mark.
4000_ Water_ Materials 8
2. Year the valve casting was made.
3. Size of the valve.
4. Class ( e.g. 250B)
K. Materials for 12 inch water mains will be PVC , except that ductile iron pipe may be required
on each side of certain fittings and appurtenances including, but not limited to, 12-inch
Butterfly Valves ( BFV). This detail shall be provided by the Engineer of Record.
2.17 BALL VALVES
A. Ball valves shall be made in USA, and shall be Ford B11-777-NL or James Jones E1900, with
tee-head” style operating nut.
2.18 VALVE BOXES
A. Valve boxes shall be Made in USA, and shall be East Jordan Iron Works 8550 Series or
Tyler Union 6850 Series, screw type, and shall be of correct length to match the bury of
the main.
B. The valve box and appurtenances shall include a base and a top section with a drop lid.
The lid shall be marked with the word “ WATER”. All lids shall have a concrete pad with
a minimum of 18 inches square or round dimension as appropriate.
C. Lids on valves on fire lines shall be marked with the word “ FIRE”
D. Lids on 2” valves shall be marked with the words “ 2” VALVE”.
E. Markings shall be cast on each part:
1. Manufacturer’ s name or mark.
2. Model number
3. Year the casting was made.
4. Material of construction
5. USA
and painted red.
F. A valve box alignment device shall be provided and installed for each valve box
installation. The device shall be of HDPE or Glass Filled Polypropylene construction. It
shall be furnished in two pieces that will lock together under the operating nut of the valve
without requiring the removal of the operating nut. The device shall not affect the operation
of the valve. The device shall be AFC Alignment Ring as manufactured by American Flow
Control.
2.19 OPERATING NUT EXTENSIONS
A. Operating nut extensions shall be used when the top of the operating nut is greater than 4
feet from the top of finished surface.
4000_ Water_ Materials 9
B. The stem shall be 1” SCH40 steel pipe with a 2-inch square bar steel operating nut attached
to the upper end. The stem extension shall be of adequate length to reach from the valve
operating nut to a point within 24-inches to 12-inches of the finished surface. A box
wrench, 2 1/8" I.D. square, made from steel 3/16-inches thick shall be welded to the lower
end of the stem extension which will fit over the valve operating nut. Two-inch valves
with a tee-head operating nut will require a rectangular shaped box wrench on the end of
the valve stem extension. The extension shall be secured to the valve operating nut by two
3/8” set screws. A round center guide made from 1/8-inch or 3/16-inch steel plate shall be
placed on the valve stem extension approximately 6-inches from the upper end. The
diameter of the guide shall be slightly less than the inside diameter of the valve box. The
guide shall be affixed to the stem extension in such a way that it can rotate freely on the
stem. Welds on stem extensions ( top and bottom nut) shall be 1/8" - 3/16" fillet weld
around full circumference.
C. Shop drawings shall be submitted to the City of Fayetteville for approval prior to installing
the stem extension pieces.
2.20 FIRE HYDRANTS
A. Fire hydrants shall be dry barrel hydrants in conformance with AWWA C502, latest
revision. Fire hydrants shall be designed for a working pressure of 250 pounds per square
inch gauge. Fire hydrants shall be three-way, and painted white with reflective glass beads
above the ground line. Coating system shall be compatible with Sherwin Williams SHER-
CRYLTM HPA – High Performance Acrylic B66-300 Series that is used to color code the
fire hydrants. Permitted fire hydrants are ( only) American Flow Control 5-1/4" Waterous
Pacer WB67-250, Mueller Super Centurion 250 hydrants, and CLOW Medallion Dry-
Barrel. No approved equals. Made in USA only.
B. Hydrants shall have a 6 inch mechanical joint inlet in conformance to the dimensions
shown in ANSI/AWWA C110/A21.10, latest revision. Three-way hydrants shall have a 5-
1/4 inch valve opening.
C. Fire hydrants shall be equipped with a two-piece barrel with a safety stem coupling and a
break-a-way flange at the ground line and shall be designed for a 48-inch bury.
D. Hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 5-1/4 inch pumper
nozzle. The operating nut shall be a nominal 1-1/2 inch pentagon, National Standard
operating nut designed to open left (counterclockwise).
E. Hydrants shall be supplied WITHOUT nozzle cap chains.
F. Fire hydrants in non-paved areas shall be installed with a 24" x 24" square, 12" thick
concrete pad, reinforced with 2 layers of #5 rebar, around the lower barrel of the hydrant
six inches below the bottom of the break-away flange.
4000_ Water_ Materials 10
G. A fire hydrant extension shall be installed in all locations where the centerline of the
pumper nozzle is less than 18-inches above the finished grade elevation. The extension
shall bring the centerline of the pumper nozzle between 18-inches and 24-inches above the
finished grade elevation. The centerline of the pumper nozzle shall be 24-inches above
rough grade elevations where sidewalks and yards will be installed in the future, in new
subdivisions only. Extensions shall be Waterous K562, Clow 2500, or Mueller A-320,
with no more than one extension allowed per hydrant.
H. Identification tags shall be installed indicating the depth of bury of all hydrants. Additional
tags shall be installed indicating the length of any extension installed.
2.21 BLOW-OFFS
A. Blow-offs shall have a 2-1/2” hose nozzle, traffic break-away, locking cover and be
designed for 48-inch bury. Blow-offs shall be Mainguard # 77 as manufactured by The
Kupferle Foundry Company.
2.22 AIR RELIEF VALVES
A. All water mains shall have 1”- 2” single bodied air and or combination air and vacuum valves
or 3”-10” dual bodied combination air and vacuum valve where indicated on the drawings.
Valves shall have fiberglass reinforced nylon body or epoxy coated and lined cast iron bodies
with stainless steel or non-metallic internal parts. Valve shall have rolling seal mechanism to
allow full or partial opening and sealing of orifice or metal to metal stainless steel seating.
The 1” – 2” valves float shall be made of foamed polypropylene and shall disrupt vortex and
allow float to remain open until a 11 psi differential is achieved. Valves shall have a 250 psi
working pressure. Valves shall be listed under NSF-61 and shall have ISO 9001 certificate.
Valves shall be supplied with a male thread outlet or flanged outlet. All nipples and isolation
valves for 1”- 2” valves shall be brass or stainless steel. Ball style isolation valve shall be full
port. Isolation valves for 3”- 10” shall conform to Paragraph 2.12 – Gate Valves.
B. Air release valves shall be A.R.I.Model D-040 for 1” and 2” or A.R.I.Model D-060-C HF
NS for 3” – 10”.
2.23 SERVICE SADDLES
A. Service saddles for 1” and 2” NPT service taps shall be sized for use on C900 PVC. Service
saddles shall be Romac 101NS.
2.24 TAPPING SLEEVES
A. Tapping sleeves shall be designed for a minimum 250 psi working pressure and the material
being tapped. All bolts and nuts shall be stainless steel.
1. Tapping sleeves for 4-inch through 24-inch shall be stainless steel and shall be 100%
domestic made in the USA. Tapping sleeves shall have an MJ outlet.
4000_ Water_ Materials 11
2. Tapping sleeves shall be Ford FAST, Romac, JCM 439, or Smith Blaire. Made in
USA.
3. Tapping sleeves larger than 24-inch are not a standard specification and will require
independent review and approval by the Utilities Engineer.
2.25 SERVICE CONNECTION MATERIALS, FITTINGS AND BRASS
A. All service connection materials, fittings and brass shall be 100% domestic USA. All service
connection materials, fittings and brass shall be manufactured in accordance with the Safe
Drinking Water Act ( SWDA latest edition and as amended) to be LEAD-FREE brass ( aka
No-Lead).
If a specific item is listed in the following table( s) insert the designation required for 100%
domestic USA and Lead-Free ( or No-Lead). All service connection materials, fittings and
brass shall be designed for a minimum working pressure of 250 psi.
B. All service connection materials, fittings and brass shall be manufactured by Ford Meter Box
Company, Inc. or Mueller Company and as further specified below. Equivalent cross
referencing for corporation stops and meter setters shall be permitted if approved in writing
by the City of Fayetteville’ s designated City engineer.
C. Materials proposed for all service connection materials, fittings and brass shall be submitted
to the designated City engineer for review after the Engineer of Record’ s review and
recommended approval.
D. Materials for standard meter sets 5/8”, 1”, 1-1/2”, and 2” are indicated in the following tables.
Materials and standards for larger meters ( 3” and greater) are not listed in the standard
specifications. Larger meter installations require a site specific design. Please contact the
City of Fayetteville Meter Department for information concerning meter size 3” or greater.
Please contact the City of Fayetteville Engineering Department for standard drawings that
may be incorporated for meter size 3” or greater.
E. Design for 1-1/2” and 2” meter locations require project specific design of the piping from the
main to the meter to avoid stress of the 2” coated copper pipe and to avoid excessive fittings.
Alternate ductile iron piping and fittings ( 4 inch and greater) may be required for elevation
changes between the water main and the 2” coated copper. All water service piping for meters
settings greater than 1” shall be further designed by the Engineer of Record and submitted to
the designated City engineer for review.
F. Meter arrays for multiple meters fed from a single 2-inch tap shall be made per the standard
details. These must be approved on a case-by-case basis, and may be required by the City to
reduce the number of taps on a public main.
4000_ Water_ Materials 12
Single Meter Set
main diameter x 1" saddle Romac 101NS
1" corporation stop Ford FB1000-4-Q-NL
Mueller B25008N
1" coated copper – City side
5/8" x 3/4" x 12" meter yolk Ford VB72-12W-44-43-SQ-NL
Mueller 238B2567-R--93N
1/2" x 16" SCH 40 PVC brace
3/4" coated copper tail piece 4' long
18" diameter x 24" deep
SDR51 PVC meter box
DFW Model: DFW1820CP-AF1EF2 SMALL
18" Composite Meter Lid FAY-LID
Double Meter Set
main diameter x 1" saddle Romac 101NS
1" corporation stop Ford FB1000-4-Q-NL
Mueller B25008N
1" coated copper – City side
1" x 7.5" x 3/4" U branch Ford U48-43-7.5-Q-NL
Ford multipurpose end C31-23-NL (x2)
Mueller H15363N ( 1" compression inlet)
Mueller end connection H14222N ( x2)
5/8" x 3/4" x 12" meter yolk x 2 Ford VB72-12W-14-33-Q-NL
Mueller 238B2567-RN
1/2" x 16" SCH" 40 PVC brace
3/4" coated copper tail piece 4' long
18" diameter x 24" deep
SDR51 PVC meter box
DFW Model: DFW1820CP-AF1EF2 SMALL
18" Composite Meter Lid FAY-LID
4000_ Water_ Materials 13
1-inch Meter Set
main diameter x 1" saddle Romac 101NS
1" corporation stop Ford FB1000-4-Q-NL
Mueller B25008N
1" coated copper – City side
1" x 12" meter yolk Ford VB74-12W-44-44-Q-NL
Mueller B24701RN
3/4" x 16" SCH40 PVC brace
1" coated copper tail piece 4' long
24" diameter x 24" deep
SDR51 PVC meter box
24" cast iron flat meter lid East Jordan 111, w/ Fayetteville logo ( 35108004)
1-1/2 inch and 2-inch Meter Set
main diameter x 2" saddle Romac 101NS
2" brass close nipple
2" ball valve Ford B11-777-NL
2" MIP x quick joint Ford C84-77-Q-NL
Mueller H15428N
2” coated copper – City side
2" MIP x quick joint Ford C84-77-Q-NL
Mueller H15428N
2" meter setter Ford Custom setter Item VBB77-95082-110-NL
1" x 24" SCH40 PVC brace ( x2)
2" coated copper tail piece 2’ long
36" diameter x 36" deep
composite meter box w/ top ring East Jordan 8428 Assembly ( 38003636A01)
East Jordan 8428E, w/ Fayetteville lettering
28" outer cover, w/ lock 00842845A01)
11" inner cover, w/o lock East Jordan D Meter Cover ( 32193001)
4000_ Water_ Materials 14
2.26 TRACER WIRE
A. Tracer wire shall be 12-gauge solid coated copper or coated copper clad steel for underground
burial.
B. Jacket color shall be BLUE, and made of High Density Polyethylene ( HDPE) or High
Molecular Weight Polyethylene ( HMWPE) designed for direct burial.
C. Connectors shall be used for all splices or repairs. Connectors shall be moisture
displacement style as manufactured by 3M DBR. Wire shall be twisted and bent, without
the use of a wire nut prior to insertion into the gel cap.
D. A locate or conductivity test shall be performed prior to signing off on the project.
2.27 MARKING TAPE
A. Non-metallic water marking tape shall be warning tape as manufactured by Rhino Marking
and Protection Systems, Harris Industries, Inc.
B. Tape shall have a minimum thickness of 4 mils and manufactured with heavy metal-free
polyethylene tape that is impervious to all known alkalis, acids, chemical reagents, and
solvents found in soil. The minimum overall width of the tape shall not be less than 3-inches.
Standard rolls shall be 1000’ length.
C. The tape shall be color coded Safety Blue and imprinted with the following message:
Caution – Buried Water Line Below
2.28 WATER LINE MARKERS
A. Water line markers shall be TriView Marking System by Rhino Marking and Protection
Systems, Carsonite International Dual-Sided Utility Marker (CIB-380). All markers shall
be installed according to the manufacturer’ s recommendations. The uppermost portion of
the Carsonite marker shall be made of Visibility Enhancer ( CVE-360) and must be bolted
to the utility marker. TriView markers do not require visibility enhancers. The utility
marker shall read as follows: “ CAUTION, WATER PIPELINE”, “ City of Fayetteville”,
and “ Before Digging Call 1-800-482-8998". The label shall also include the official City
Logo and be white in color with blue and black lettering. The label shall be affixed to two
sides of the marker. An additional white 1” wide reflective tape ( 3M) shall be placed
around the full circumference of the top of the marker. Concrete shall be placed 6-inches
around and 1-foot deep around the base of each marker.
B. Markers in rural areas shall be placed adjacent to valves and hydrants and spaced along the
length of the water line a maximum of 500 feet.
4000_ Water_ Materials 15
PART 3 -EXECUTION
3.01 INSTALLATION
A. General Installation Section 2400
B. Water Lines: Refer to Section 4100
C. Water Service Lines: Refer to Section 4100
END OF SECTION 4000
4000_ Water_ Materials 16
1.01
SECTION 4100 INSTALLATION OF WATER PIPE, FITTINGS, AND MATERIALS
PART 1 -GENERAL
WORK INCLUDED
A. Installation of water lines.
B. Installation of water service lines.
1.02 WORK EXCLUDED
A. Any and all work for, on or connecting to the City’ s concrete pressure water pipe ( Prestressed
Concrete Cylinder Pipe, PCCP) is not permitted as a Standard Specification.
B. Any and all work for, on, or connecting to the City’ s concrete pressure water pipe (Prestressed
Concrete Cylinder Pipe, PCCP) will be considered only on specific case by case basis in
accordance with Section 1000 General Requirements. Approval will be project specific and
requires approval from the Utilities Director.
PART 2 – ADDITIONAL REQUIREMENTS
2.01 ADDITONAL REQUIREMENTS
A. PIERS
1. Water pipe on piers shall be Ductile Iron Pipe. The ductile iron pipe shall meet the
requirements of Section 4000 – Water Pipe, Fittings, and Materials, of these Specifications.
2. Piers shall be designed by the Engineer of Record for the specific project and submitted per
Section 1000 General Requirements.
3. Install concrete piers as indicated on the approved plans and per Section 3600 -Cast-In-
Place Concrete.
B. COLD WEATHER INSTALLATION
1. The City reserves the right to order pipe installation discontinued whenever, in its
opinion, there is danger of the quality of work being impaired because of cold weather. Do
not lay any pipe on frozen ground. No water pipe shall be installed when the air temperature
is less than 32o F unless proper precautions per the manufacturer' s recommendations are
taken by the Contractor and the method is approved by the Engineer and City.
4100_ Water_ Installation 1
2. When pipes with rubber gaskets or resilient-type joints are to be laid in cold weather,
sufficiently warm the gasket or joint material per manufacturer’ s recommended methods
to facilitate making a proper joint.
C. SOLID SLEEVE INSTALLATION
1. Solid sleeves shall be installed the same as mechanical joint connections for pipe
installation.
2. The maximum gap between the two pipes being connected by a solid sleeve shall be one-
half (1/2) inch.
PART 3 – EXECUTION
3.01 VALVE INSTALLATION
A. Valves shall be jointed in accordance with the methods of jointing pipe as specified elsewhere
herein. Valve stems shall be plumb and there shall not be any obstructions that will prohibit
the installation of valve boxes directly over the stem. Mechanical joint retainer glands shall
be installed on all valves with mechanical joint ends.
B. All valves shall be firmly supported from below with compacted crushed stone up to and
including 8-inch valves, or concrete for all valves greater than 8-inches.
C. All valves shall be double poly wrapped
D. Valve boxes shall be installed over the operating nut of each valve and be of adequate length
to reach the finished ground or paved surface. Valve boxes shall be installed with a HDPE
Valve Box Alignment Device of the proper size and manufacture to fit the valve and the valve
box. Boxes shall be firmly supported, plumb, and centered over the valve operating nut. No
part of the box shall rest on the valve. The box cover shall be flush with the finished surface.
E. Operating nut extensions shall be used when the top of the operating nut is greater than 4
feet from the top of finished surface. The stem extension shall be of adequate length to
reach from the valve operating nut to a point within 24-inches to 12-inches of the finished
surface.
F. Tracer wire shall be brought up on the OUTSIDE of the valve box. A hole or notch shall
be made through the valves box approximately 4-inches below the top. The tracer wire
shall be pushed through the hole or notch. Approximately 12-inches of wire shall be coiled
inside the valves box for traceability. The tracer wire shall not interfere with the insertion
of the lid onto the valve box.
4100_ Water_ Installation 2
G. All lids shall have a concrete pad with a minimum dimension of 18 inches square or round
as appropriate. A concrete pad with a minimum dimension of 36 inches square or round
as appropriate shall be installed for all valves 24-inches and larger.
3.02 FIRE HYDRANT INSTALLATION
A. Pipe used to install fire hydrants from the required auxiliary valve on the water main to the
fire hydrant shall be fully restrained. An additional valve for maintenance may be required
for significantly long fire hydrant leads as determined by the designated City engineer.
B. Hydrants shall be thoroughly cleaned before setting, removing all dirt and foreign matter from
the barrel and bottom section up to the main valve. The main valve shall be in the " closed"
position and the waste outlet shall be free of any obstructions.
C. The Contractor shall take great care to protect the factory applied coating system. Means and
methods for the protection of the fire hydrant are the responsibility of the Contractor. At no
time shall chains or other abrasive materials come into contact with the factory applied coating
system.
D. Minor touchup for “ incidental” scratches is permitted using factory provided touchup kits.
E. When the factory applied coating system ( from the bury line up), as identified by the City of
Fayetteville, has damage other than “ minor scratches,” a new upper barrel section shall be
ordered and delivered from the factory, inclusive of all internal working parts up to the
operating stem breakaway. The upper barrel shall be replaced, and the damaged upper barrel
returned to the factory at no cost to the City of Fayetteville. This includes, but is not limited
to, excessive scratches, appearance of rust, or other aesthetic flaws. Field repainting of new
fire hydrant installations is not permitted.
F. Hydrants shall be located a safe distance from driveways, roadways and narrow type
sidewalks and in a manner to provide complete accessibility, and they shall stand plumb with
nozzles at proper elevation. The hydrant’ s “ bury line” shall be set at or no more than four (4)
inches above the finished grade elevation; therefore the bottom of hydrant nozzles shall be 18
to 22 inches above the finished grade elevation.
G. Installation of fire hydrant extensions shall be made in the presence of the Engineer or the
Engineer’ s representative and shall be per the manufacturer’ s instructions. The breakable
flange and breakable stem coupling shall be removed and installed above ground level.
H. The Contractor shall, if necessary, rotate the hydrant barrel or nozzle section at the flanged
joint to obtain the desired nozzle position as specified by the Engineer. The pumper nozzle
shall be at a right angle to and face the street unless otherwise directed by the Engineer.
I. The bowl or bottom of the hydrant shall be supported firmly on the bottom and shall be braced
against unexcavated earth at the end of the trench with concrete reaction backing. Solid
4100_ Water_ Installation 3
concrete blocks may be used to support the bottom of the hydrant. If considered necessary by
the Engineer, the hydrant shall be tied to the branch pipe with suitable Series 300 STAINLESS
STEEL rods or clamps. These rods or clamps shall be furnished by the Contractor without
additional compensation.
J. A drainage bed shall be provided under and around the base of the hydrant of at least six (6)
cubic feet in volume and extending at least six inches ( 6”) above the drain outlet and shall
consist of approved embedment aggregate material. Under no circumstances shall the drain
outlet on the hydrant or the drainage bed be connected to a sewer.
K. Backfilling and tamping around hydrant barrels shall be continuous in operation.
L. Fire hydrants, immediately after installation, shall be covered and wrapped with a heavy cloth,
water-resistant sack, or black polyethylene sheeting, well taped in place around the hydrant,
to identify the hydrant as being “ not in service”.
M. All fire hydrants installed within the City of Fayetteville water operational territory shall
be painted white with glass reflective beads above the ground line. Factory coating system
shall be compatible with Sherwin Williams SHER-CRYLTM HPA – High Performance
Acrylic B66-300 Series that is used to color code the fire hydrants. Sherwin Williams
DTM ACRYLIC COATING shall be used for the Safety Orange color only, as it is not
available in HPA.
N. All fire hydrant nozzle caps, bonnets and operating nuts shall be painted with two coats of
paint according to the following table:
Flow Under Fire Conditions Color Color Specification
More than 1500 gpm Light Blue Robotic Blue SW4063
1000 to 1499 gpm Green Safety Green SW4085
500 to 999 gpm Orange Safety Orange SW4083
Less than 500 gpm Red Safety Red SW4081
O. The City of Fayetteville may provide the flow under fire conditions for each new fire
hydrant installation based upon the current water modeling software or the Engineer of
Record may furnish flow data based upon a current fire hydrant fire flow test performed in
the area. Developer is responsible for fees associated with hydrant flow tests conducted by
the City.
3.03 METER SETTINGS
A. Meter settings shall be installed where shown on the Drawings and/ or as directed by the City.
Installation shall be as per the City Engineering Standard Details. Meter setters shall be
4100_ Water_ Installation 4
installed in a horizontal and plumb position within the meter box and at a depth to provide the
required space between the top of the meter and the bottom of the meter box lid.
B. A drainage bed consisting of approved embedment aggregate material shall be placed a
minimum of 6-inches thick and 6-inches outside the edge of the bottom of the meter box.
Non-woven filter fabric consisting of 8 oz/sy shall be placed on top of the drainage bed. The
filter fabric shall extend 12-inch outside the edge of the bottom of the meter box. After the
installation of the water service line, meter setter, meter box, and lid, the filter fabric shall be
wrapped up the meter box and service line penetrations and taped securely to the meter box
to provide a “ dirt seal” before backfilling.
C. Tracer wire shall be brought up on the INSIDE of the meter box with the water service
line. Sufficient tracer wire shall be provide such that approximately 12-inches of wire will
extend beyond the top of the box when pulled taut. The tracer wire shall be loosely coiled
and place inside the meter box. Do not wrap the tracer wire around the meter setter. An
additional tracer wire shall be installed at the appropriate time from the meter to the
building.
D. The bottom of the meter setter connections shall be visible at the bottom of the meter box at
the time of testing and of final inspection. Any dirt or debris in the bottom of the meter box
shall be removed before the project is released for final payment and/ or acceptance.
E. The final grade at the meter box location shall be determined by the Engineer of Record and
the meter box shall be placed at that grade. Final grade should take into account probable
future installation of topsoil and/ or sod. Any boxes falling in driveways or sidewalks shall be
relocated at the expense of the developer or lot owner. No meters shall be set by the City until
the meter box is adjusted to the proper grade.
F. Where PVC is used for 2-inch water service lines, any joint within 20-feet of the City’ s side
of the meter vault must be mechanically restrained.
3.04 BLOW-OFF INSTALLATION
A. Blow-off hydrants shall be thoroughly cleaned before setting, removing all dirt and foreign
matter from the barrel and bottom section up to the main valve. The main valve shall be in
the " closed" position and the waste outlet shall be free of any obstructions.
B. Blow-offs shall be so located that the distribution system may be properly flushed, and so that
danger of contamination of the water line by backflow will be eliminated. No blow-off shall
be connected to any sewer or storm drain, submerged in any surface water or installed in any
manner that will permit backsiphonage into the distribution system. The discharge of the
blow-off shall be located above natural grade, and be screened, capped or plugged.
4100_ Water_ Installation 5
C. Blow-off hydrants shall be installed in such a manner to provide complete accessibility, and
they shall stand plumb with nozzles at proper elevation. The discharge nozzle shall be a
minimum of 24-inches above finished grade elevation.
D. The bowl or bottom of the blow-off hydrant shall be supported firmly on the bottom and shall
be well braced against unexcavated earth on the backside of the blow-off hydrant. Solid
concrete blocks, or other suitable material may be used to block the blow-off hydrant.
E. A drainage bed shall be provided under and around the base of the blow-off hydrant of at least
six (6) cubic feet in volume and extending at least six inches ( 6”) above the drain outlet and
shall consist of ASTM # 67 gravel. Under no circumstances shall the drain outlet on the
hydrant or the drainage bed be connected to a sewer.
F. Backfilling and tamping around blow-off hydrant barrels shall be continuous in operation.
G. Blow-off hydrants, immediately after installation, shall be covered and wrapped with a heavy
cloth, water-resistant sack, or black polyethylene sheeting, well taped in place around the
hydrant, to identify the hydrant as being “ not in service”.
3.05 TAPPING SADDLE INSTALLATION
A. Tapping saddles shall be used for 1-inch and 2-inch service taps.
B. The pipe shall be free of dirt and other debris before attaching tapping saddle. That part of
the pipe barrel, other than concrete pipe, which will be in contact with the gasket of tapping
saddles, shall be smooth. All rough areas on the pipe barrel shall be smoothed. The Contractor
shall field verify all pipe and fitting dimensions. Tapping saddles shall be installed at least
twenty-four (24) inches from bell joints, fittings, end of pipe joint, or another tap.
C. Tapping saddles shall be bolted securely to the pipe. The face of the outlet shall be zero to ten
0-10) degrees from horizontal. The bolts for tapping saddles shall be alternately tightened
snug" and then alternately tightened to a torque as recommended by the manufacturer.
D. The tapping valve shall be attached securely to the tapping saddle to provide a water tight
seal. Proper tools for installing brass hardware shall be used.
E. The pilot drill and shell cutter shall be in good condition. The pilot, shell cutter, and any other
component of the tapping machine that will or may come into contact with the interior of the
tap valve or potable water pipe, shall be thoroughly sterilized with straight bleach or super-
chlorinated solution. The shell cutter shall be the size required to cut the full opening specified
and with a sufficient depth greater than the wall thickness of the pipe being tapped.
F. After the tap is complete and the tapping machine has been removed, the bolts for the tapping
saddle must be re-torqued per the manufacturer’ s specifications to ensure a proper seal.
4100_ Water_ Installation 6
G. The tapping saddle shall be double poly wrapped.
H. The contractor will follow the manufacturer’ s requirements and follow the current version of
the “ Tapping Guide for PVC Pressure Pipe”, UNI-PUB-8, by the Uni-Bell PVC Pipe
Association. The Contractor shall provide the removed pipe coupon to the City.
3.06 TAPPING SLEEVE INSTALLATION
A. The pipe shall be free of dirt and other debris before attaching tapping sleeve. That part of
the pipe barrel that will be in contact with the gasket of tapping sleeve, shall be smooth. All
rough areas on the pipe barrel shall be smoothed. The Contractor shall field verify all pipe and
fitting dimensions. Tapping sleeves shall be installed at least twenty-four ( 24) inches from
bell joints, fittings, end of pipe joint, or another tap.
B. Tapping sleeves shall be bolted securely to the pipe. The face of the outlet shall be plumb.
Mechanical joint glands for tapping sleeves shall be installed in accordance with Paragraph
3.06 herein. The bolts for tapping sleeves shall be alternately tightened " snug" and then
alternately tightened to a torque as recommended by the manufacturer.
C. The tapping valve shall be bolted securely to the tapping sleeve. The tapping valve shall be
adequately supported from beneath. The weight of the tapping valve shall not be supported
by the tapping sleeve. A concrete “ mud slab” at least six ( 6) inches thick shall be poured
under the location of all tapping valves 12 inches and larger and the weight of the valve shall
be supported by the mud slab. The tapping machine shall be bolted securely to the valve.
D. After installation of the tapping sleeve and the tapping valve and before drilling through the
pipe, the assembly shall be hydrostatically tested at the pressure specified in Section 5300,
herein, by introducing water through the sleeve test tap.
E. The pilot drill and shell cutter shall be in good condition. The pilot, shell cutter, and any other
component of the tapping machine that will or may come into contact with the interior of the
tap valve or potable water pipe, shall be thoroughly sterilized with straight bleach or super-
chlorinated solution. The shell cutter shall be the size required to cut the full opening specified
and with a sufficient depth greater than the wall thickness of the pipe being tapped.
F. Openings in the pipe barrel for tapping saddles installed on dry pipe shall be cut with a pilot
drill and shell cutter. Torch cutting is not permitted.
G. Tapping operations must not commence before inspection by the Engineer or his authorized
representative. Tapping operations must not commence before the tapping assembly has
passed a pressure test as detailed in Section 5300 herein.
H. Only qualified operators shall operate the tapping machine. The " coupon" shall be withdrawn
and be given to the Engineer for inspection. Care shall be exercised to avoid drilling or cutting
4100_ Water_ Installation 7
the backside of the pipe by carefully assuring the engagement of the pilot drill and shell cutter
shaft.
I. After the tap is complete and the tapping machine has been removed, the bolts for the tapping
sleeve must be re-torqued per the manufacturer’ s specifications to ensure a proper seal.
J. All taps 12-inch and larger shall require the installation of a butterfly valve immediately after
the tapping valve. The tapping valve shall be fully opened and abandoned in place.
K The tapping sleeve shall be double poly wrapped.
L. Tapping sleeves shall be adequately thrust blocked with concrete.
3.07 CONCRETE THRUST BLOCKS AND ANCHOR COLLARS
A. Concrete thrust blocks and anchor collars shall be provided along the water line in
accordance with the construction details, plan sheets, or as directed by the Engineer. The
concrete mix ( as defined in Section 3600 herein) shall be Class " 1" for anchor collars and
Class " 1" for thrust blocks. All bends, tees, caps, plugs, and fire hydrants shall be thrust
blocked unless specifically detailed in the construction drawings that no thrust blocking is
required. All vertical bends shall be both fully restrained and fully thrust blocked.
Horizontal bends will be both fully retrained and fully thrust blocked when required by the
City.
B. Concrete for thrust blocks and anchor collars shall be placed against undisturbed soil. The
excavation shall be hand shaped and free of loose material. Forms shall be used to confine
the concrete in areas other than that part that is in contact with undisturbed soil in the
direction of the thrust.
C. No concrete shall be placed around any part of a joint or placed so that it interferes with
the removal of any joint accessories such as bolts, followers, threads, collars, couplings,
etc. Fire hydrant drains shall not be restricted.
D. The top of the concrete thrust block or anchor collar shall be struck off with a wood straight
edge or float.
E. Concrete shall not be placed when the temperature is below 40° F and dropping or below
35° F if the temperature is rising, unless approved by the Engineer.
F. Admixtures are not to be used without the approval of the Engineer.
G. All reinforcement shall be inspected by the Engineer prior to placement of concrete. All
placement of concrete must be in the presence of the Engineer or his representative. The
Contractor is cautioned that he may be required to remove, without compensation, any
concrete placed in the absence of the Engineer or his representative.
4100_ Water_ Installation 8
L
H. Backfill over concrete thrust blocks or anchor collars shall not be placed before the concrete
has attained initial set.
I. No thrust blocks shall be less than six inches ( 6”) thick between the pipeline or
appurtenances and undisturbed soil in the direction of thrust on pipes 12-inch diameter and
smaller. On larger pipes, the thickness of thrust blocks shall be as directed by the Engineer.
A thrust block with any component of its length to width to depth ratio exceeding two ( 2)
shall be reinforced with steel reinforcement bars as directed by the Engineer. The Engineer
will consider the size of the thrust block, the size of the water main, and the system pressure
in the determination of the size and spacing of the steel reinforcement.
J. The excavation shall be free of water before concrete is placed. Steel reinforcement shall
be placed as specified on the drawings.
K. The pipe or appurtenances to be in direct contact with concrete shall be cleaned before
placing the concrete.
The area of contact of the thrust blocks and anchor collars shall be sufficient to resist the
thrust. This will vary depending on the safe bearing value of the soil.
The Engineer of Record is required to design the thrust blocks, anchors and other restraints
and submit to the City for review and approval.
If requested by the City, the engineer of record shall provide a geotechnical report to
include soil valves for thrust blocking design.
N. Thrust blocks for vertical bends shall be adequate to resist the thrust by mass alone when
the thrust is upward.
O. Thrust blocks and anchor collars shall be adequate to restrain the pipeline and
appurtenances at design pressure equal to 150% of the static pressure at the lowest point
with a minimum pressure of 200 psi. The Engineer of Record shall provide calculations
for review for all thrust blocks, anchor collars and other thrust restraints.
P. Concrete thrust blocks and anchor collars on 12-inch and smaller pipelines shall have a
minimum curing time of three days ( 72 hours) before any pressure is placed against the
block or collar. Concrete thrust blocks and anchor collars on 14-inch and larger pipelines
shall have a minimum curing time of seven days before any pressure is placed against the
block or collar.
Q. Concrete thrust blocks or anchor collars that fail to restrain the pipe or appurtenances shall
be replaced by the Contractor at his expense.
R. Reducers receiving an anchor collar shall be long bodied fittings.
4100_ Water_ Installation 9
S. All water lines with dead ends shall be installed with an upstream valve, one full joint of
pipe with a MJ restraining gland, concrete anchor collar, a MJ cap with restraint, and a
blow off assembly. The seat of the MJ restraining gland on the pipe shall face the valve.
T. Anchor collars subject to two-way thrust shall have two identical “ A”/” B” reinforcement
steel mats as shown in the City Engineering or project specific detailed drawings. Anchor
collars for 18” and smaller diameter pipe with two-way thrust shall have two ( 2) Mega-
Lug retaining glands placed back-to-back, spaced just inside the two reinforcing steel mats.
U. The use of wood or any material that may deteriorate is strictly prohibited.
3.08 BACKFILLING AND INSPECTION
A. Before backfilling, install concrete thrust blocks and anchor collars in accordance with the
plans and details at the location and interval as shown on the Drawings. Use concrete as
specified in Section 3600-Cast-In-Place Concrete.
B. After the pipeline is installed and visually inspected by the Engineer, backfill the trench per
Section 2300-Excavation, Backfilling, and Compacting.
C. Test the pipeline per Section 5300-Inspection and Testing of Water Lines and Service Lines.
D. Repair all pavements per Section 6000-Pavement Repair.
E. Repair all incidental damage to buildings, structures, utilities, pavements, landscaping, etc.
F. Repair sodded and grass areas to original condition per Section 6100-Lawn and Grass
Restoration.
3.09 WATER LINE INSTALLATION -AERIAL CROSSINGS
A. Construct piers as shown on the approved Drawings.
B. Install encasement pipe on piers as shown on the approved Drawings.
C. Insulate encasement as required by the City.
3.10 SEWER LINE CROSSINGS
A. Sewer lines installed under a water line must have a clear distance between pipes of at least
eighteen ( 18) inches.
B. The sewer line shall be installed such that a joint of pipe is centered along the water line
and the joints are as far as possible from the water line.
4100_ Water_ Installation 10
C. If 18-inches of clearance cannot be provided or when the water main must pass under the
sewer main, either the sanitary sewer main or the water main shall be encased in twenty
20) feet of watertight encasement pipe, centered over the point of crossing. Crossings that
are not perpendicular will require more than twenty ( 20) feet of encasement. The
encasement shall extend a minimum of ten ( 10) feet perpendicular from the outside edges
of the line that is not being encased. The ends of the encasement pipe shall be sealed
watertight. If the water main passes under the sewer main, 18-inches of clearance is still
required between pipes. Refer to Section 3400 – Steel Encasement Pipe.
3.11 STORM SEWER CROSSINGS
A. All water lines crossing under all concrete storm drains, or any storm drain 30-inch
diameter and larger, or all storm drains with multiple pipe runs, shall be steel encased a
minimum of 5 feet either side of the storm drain.
3.12 CUT AND CAP
A. Water lines that are to be abandoned shall be cut and capped as shown on the CIty
Engineering standard details.
B. Mechanical joint restraints and concrete shall be used to resist thrust loads.
3.13 ABANDON CORPORATION STOP
A. All corporation stops used for testing and/ or chlorination need to be properly abandoned
by fully closing the corporation stop, removing all service line materials, installing a solid
copper disk, and reinstalling the corporation nut resulting in a water tight seal in the event
that the corporation valve fails.
4100_ Water_ Installation 11
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END OF SECTION 4100
4100_ Water_ Installation 12
SECTION 4200 WATER LINE PRESSURE REDUCTION PROCEDURES
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This section covers the procedures associated with reducing water line pressure for
construction.
1.02 PROCEDURES
A. Water lines may need to have the pressure significantly reduced to facilitate construction in a
project area, i.e. tie-ins or cut and caps.
B. Water pressure reductions shall be approved and coordinated with the City of Fayetteville
Water & Sewer Department.
C. The maximum amount of time that the line is permitted to be shut down shall be determined
by the City of Fayetteville Water & Sewer Department.
D. The Contractor shall have sufficient materials, labor, and necessary backup provisions in
place prior to initiating water line pressure reduction to ensure that construction activities
can be completed within the time determined by the City of Fayetteville Water & Sewer
Department.
E. A minimum of 72-hour notice shall be provided to each affected customer using the
attached water pressure reduction notice.
F. The Contractor shall distribute the notices and generate a list of each address that the
notices are delivered to. The list shall be given to the City of Fayetteville Water & Sewer
Department for their files.
1.02 CONSTRUCTION REQUIREMENTS
A. The excavation in the project area shall be dewatered prior to pressure in the water main
being reduced.
B. All water pipe, fittings, and materials shall be disinfected per AWWA C651, latest
revision.
C. Immediately after construction is complete, the existing water lines shall be flushed
thoroughly and background chlorine levels re-established.
4200_ Water_ Pressure_ Reduc 1
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4200_ Water_ Pressure_ Reduc 2
WATER SYSTEM NOTICE TO THE CUSTOMER
WATER PRESSURE REDUCTION
DATE: ________________
Due to scheduled water system maintenance in your area, the contractor listed below, under
supervision of the engineer listed below, must significantly reduce the water pressure in the area
serving your business or residence. The water pressure will be reduced at the following time:
DATE TURNED DOWN: __________________________
TIME TURNED DOWN ( approximate): ______________
TIME TURNED BACK ON ( approximate): ______________
The pressure will probably be reduced such that you will not have water available in your residence or
business. We are attempting to make the repairs in this way to avoid having to put your home or
business on a precautionary boil order. Your water will be perfectly safe to drink as soon as full pressure
is restored.
If the repair does not work as we expect and a boil order becomes necessary, you will be notified, in
writing, when the need for the boil order is identified.
If you need to draw water for use, please do so before the time we will be reducing pressure.
If you have any questions, please call one of the following:
Engineer: __________________________________________ _______________________
Company and Contact Name Phone
Contractor: __________________________________________ _______________________
Company and Contact Name Phone
Thank you for your patience and consideration.
Water & Sewer Division
479- 575-8386
4200_ Water_ Pressure_ Reduc 3
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END OF SECTION 4200
4200_ Water_ Pressure_ Reduc 4
SECTION 5000 SEWER LINE CLEANING
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This Section covers the cleaning of sewer lines.
1.02 SUBMITTALS
A. The Contractor shall submit for approval manufacturer' s brochures and specifications for
his proposed cleaning equipment. The equipment and methods selected for cleaning shall
be approved by the City and the Engineer of Record.
PART 2 -PRODUCTS
2.01 EQUIPMENT
A. Equipment selected for cleaning shall be of a type generally recognized by the trade for the
purpose being used and that has proved satisfactory. The equipment shall be capable of
removing all roots, dirt, grease, rock and other deleterious material and obstructions from
the sewer lines and manholes that would prevent efficient use of the inspection equipment.
1. Hydraulic cleaning equipment shall be of a movable dam type and shall 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. Sewer
cleaning balls or other such equipment which cannot be collapsed instantly will not
be considered acceptable cleaning equipment. The moveable dam shall be of the
same diameter as the pipe being cleaned and shall provide a flexible scraper around
the outer periphery to insure total removal of grease. If a line segment is found to
be completely stopped up or plugged or heavily intruded with roots, then a
mechanical root cutter shall be used.
2. High velocity hydro-cleaning equipment shall be truck mounted for ease of
operation. The equipment shall have minimum of 600 feet of 1 inch I.D. high
pressure hose with a selection of two or more high velocity nozzles. The nozzles
shall have a capacity of 60 GPM at a minimum working pressure of 1000 pounds
per square inch ( psi). The nozzles shall be capable of producing a scouring action
from 15 degrees to 45 degrees in all size lines designated to be cleaned. Equipment
shall also have a high velocity gun for washing and scouring manhole walls and
floor. The equipment shall carry its own water tank capable of holding corrosive or
caustic cleaning or sanitizing chemicals, auxiliary engines, pump and a
hydraulically driven hose reel. All controls shall be located so that equipment can
5000_ Sewer_ Cleaning 1
be operated above ground with minimal interference to traffic and/ or danger to the
operator.
3. Mechanical cleaning equipment shall be used to remove heavy accumulations of
silt, sludge, etc., and roots. Bucket machines shall be operated in pairs with each
machine powered by an engine with a minimum of 16 horsepower ( HP) to ensure
sufficient pulling power. Machines shall be capable of operating at least two speeds
to match job conditions. Sufficient accessories and tools shall be furnished to
accomplish the required cleaning in a complete and efficient manner.
4. Power rodding machines shall be of a continuous rod type, capable of holding a
minimum of 1000 feet of rod. The rod shall be specifically treated steel. The
machine shall have a positive rod drive and produce a 2000 pound rod pull. To
insure safe operation, the machine shall have a fully enclosed body and an
automatic safety throw-out clutch.
5. Cleaning equipment shall be provided that includes an air conveying vacuum
system to provide for the simultaneous removal of the debris flushed to the
manhole.
6. A temporary debris catcher, as approved by the Engineer, shall be used in the
downstream manhole.
2.02 PERSONNEL
A. Contractor personnel shall be thoroughly familiar with all phases of sewer line cleaning to
insure satisfactory end results without causing damage to the sewer lines or adjacent
property.
PART 3 -EXECUTION
3.01 CLEANING EQUIPMENT
A. Since the success of related work depends a great deal upon the cleanliness of the lines, the
importance of the cleaning operation cannot be too strongly emphasized. The equipment
selected for cleaning shall be capable of removing all dirt, grass, rocks and other deleterious
materials from the sewer lines and manholes. Particular emphasis is placed on the removal
of grease accumulations so that cracks and breaks can be observed during television
inspection and so that joints can be isolated during testing and sealing operations.
B. The Contractor shall make an inspection of the lines to be cleaned in order to determine
the type of cleaning equipment that is required. It is anticipated that hydraulic cleaning will
be adequate for most of the line segments.
5000_ Sewer_ Cleaning 2
3.02 CLEANING REQUIREMENTS
A. Prior to inspection, the designated sewer lines, as shown on the project drawings, will be
thoroughly cleaned as specified below:
1. The sewer lines shall be cleaned by using standard mechanically powered or
hydraulically propelled cleaning tools or combinations thereof, such as rodding
machines, boring machines, hydraulic balls, cones, ferrets, or other similar devices.
2. All roots, sludge, dirt, sand, rock, grease and other solid or semi-solid material
resulting from the cleaning operations shall be removed at the downstream manhole
without passing the material from section to section, which could cause stoppage
of the lines or accumulation in the wet well and damage to pumping equipment.
When cleaning equipment is used, a debris catch riser as shown in the project
specific or City engineering standard details shall be used in the downstream
manhole so that both solids and water shall be trapped. All solids or semi-solids
resulting from the cleaning operations shall be removed from the site and disposed
of at no additional cost to the Owner. It the responsibility of the Contractor to
secure a legal dump site for the disposal of this material.
3. Satisfactory precautions shall be taken to protect the sewer lines from damage that
might be inflicted by the improper use of cleaning equipment. Whenever
hydraulically propelled cleaning tools, which depend upon water pressure to
provide their cleaning force or any tools which retard the flow of water in the sewer
lines are used, precautions shall be taken to insure that the water pressure created
does not cause any damage or flooding to public or private property being served
by the manhole section involved. The flow of sewage present in the sewer lines
shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever
possible. When additional quantities of water from fire hydrants are necessary to
avoid delay in normal working procedures, the water shall be conserved and not
used unnecessarily. No fire hydrant shall be obstructed or used when there is a fire
in the area. Before using any water from the City water supply system, the
Contractor shall obtain a hydrant meter from the Meter Department. The
Contractor shall be responsible for the water meter and related charges for the setup,
including the water usage bill. All expenses shall be considered incidental to
cleaning.
4. UNDER NO CIRCUMSTANCES SHALL SEWAGE OR SOLIDS REMOVED
THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH
BASINS, STORM DRAINS OR SANITARY SEWER MANHOLES.
5000_ Sewer_ Cleaning 3
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END OF SECTION 5000
5000_ Sewer_ Cleaning 4
SECTION 5100 SEWER LINE TELEVISION INSPECTION
PART 1 -GENERAL
1.01 WORK INCLUDED
A. All new sewer lines constructed shall be inspected via internal television inspection.
B. This section covers the television inspection ( closed circuit television inspection – CCTV)
of sewer lines.
1. The inspection of each line shall be by a television ( TV) camera especially designed
to accurately show the condition of the lines from the interior and with the ability
determine the depth of water in the event of any pooling and to pinpoint the
locations of line faults and necessary repairs.
2. A sewer line joint means the junction of two adjacent lengths of sewer pipe, and a
fault is any crack too small to warrant pipe replacement. The term “ manhole
section” as used in these specifications shall mean the length of pipe connecting
two manholes.
1.02 SUBMITTALS
A. The Contractor shall submit for approval
proposed TV equipment.
1.03 INSPECTION
manufacturer’ s brochures and specifications for
A. Immediately upon cleaning the sewer line in one location, it shall be televised to determine
the condition of the line and location of existing service connections, etc.
B. The sewer lines shall be visually inspected by TV camera. The section being inspected
shall be suitably isolated from the remainder of the sewer line as necessary.
C. The camera shall be moved through the line in either direction at a uniform slow rate not
to exceed 60 feet per minute, by means of cable winches, or similar mechanisms. Under
no circumstances shall the camera be tethered to a hydraulically propelled or high-velocity
jet cleaning device while the cleaning device is on.
D. The camera shall stop at each service connection and provide a view up the service line.
E. Telephone, or similar suitable means of communications, shall be set up between the two
winches, the pumping unit and the monitor control.
5100_ Sewer_ CCTV 1
F. Under certain conditions, it may be impossible for inspection equipment to pass through a
manhole section due to damaged pipe or other obstructions not correctable by internal
methods. In such cases, the Engineer will be notified.
G. TV inspection will be done one manhole section at a time and the flow in the section being
inspected will be suitably controlled. Sewer flow will not exceed those shown below as
measured in the manhole:
6” -10” Pipe 1 inch
12” -14” Pipe 2 inches
14” -24” Pipe 3 inches
Over 24” Pipe 4 inches
H. The Contractor will make all provisions for pumping or bypassing the flow around the
manhole section and the cost shall be incidental to TV inspection. Contractor shall not be
allowed to float the camera unless permitted by the City.
I. It is possible that some sections of the sewer line cannot be televised; therefore, house or
building connection lines will have to be located on the ground by the Contractor. All cost
for locating these service lines shall be included in the cost bid for house or building service
line reconnection.
PART 2 -PRODUCTS
2.01 TELEVISION INSPECTION EQUIPMENT
A. The television camera and monitoring equipment shall be specifically designed and
constructed to perform the work as specified. The camera shall be operative in conditions
of 100% humidity and/ or under water. The camera shall be small enough to pass through
a 6 inch diameter sewer and shall be waterproof with a self contained lighting system
capable of producing enough light to produce clear, bright, sharp pictures on the monitor.
The lighting and camera quality shall be suitable to allow a clear, in focus picture of a
minimum of 6 linear feet of the entire inside periphery of the sewer pipe and the measuring
device to determine the depth of water in the event of any pooling. Picture quality and
definition shall be to the satisfaction of Engineer; otherwise, the equipment shall be
removed from the line without pay.
B. The monitor shall be located within a temperature controlled television unit that will
accommodate three people to watch the sewer line inspection. The monitor will have a 12-
inch minimum viewing screen. The Engineer will have access to view the television
monitor at all times.
C. The camera must be capable of measuring depth ( in inches) of pooled water within the
pipe. This shall be accomplished by measuring equipment mounted directly to the camera
in view of the lens, or other methods as approved by the Utilities Director.
5100_ Sewer_ CCTV 2
PART 3 -EXECUTION
3.01 TELEVISION INSPECTION BY THE CONTRACTOR
A. The Contractor shall furnish video media of the lines televised to the Engineer for review
and comments, which may require up to thirty ( 30) calendar days from the date submittal
to the City. Unless approved otherwise by the City, the video media shall be DVD format.
Video shall play in a standard DVD player without the need of viewing software. Each
video media shall be permanently labeled with the following information furnished:
1. Project Job Number
2. Manhole to Manhole Designation
3. Name of Contractor
4. Date Televised
B. The following information shall be recorded and visible onscreen for 10 seconds
immediately before the start of televising each line segment:
1. Project Job Number
2. Manhole to Manhole Designation ( Number, Pipe Material, Size of Line, and
Direction of Televising)
3. Name of Contractor
4. Date Televised
5. Street and or Easement Location
6. Drawing Sheet Number
C. A continuous uninterrupted recording of distance from the insertion manhole shall be
visible at the lower left corner of the screen at all times during inspection.
D. The following information shall be provided in hard copy to accompany each tape:
1. Project Job Number
2. Name of Contractor
3. Date Televised
4. Street or Other Location
5. Upstream Manhole Designation
6. Downstream Manhole Designation
7. Pipe Material
5100_ Sewer_ CCTV 3
8. Pipe Diameter
9. Direction of Televising ( Downstream or Upstream)
10. Continuous Time Log Designating Start and Finish of Each Line Segment
Televised. Time shall begin at 0hr 0min 0sec at the beginning of each tape.
11. Location of Service Connections
E. Media will become the property of the City. If the video is of such poor quality that the
Engineer is unable to evaluate the condition of the sewer line or to locate service
connections, the Contractor will be required to retelevise and provide a good video of the
line at no additional cost to the City.
PART 4 -PASS/FAIL CRITERIA
4.01 CRITERIA
A. The PASS/ FAIL decision will not be made in the field.
B. The following items will be reviewed during the inspection:
1. Pipe bell ends facing downstream
2. Manhole Inverts:
Geometry compared to city details. Invert shape, size, and roughness.
3. Service Connections
Proper placement and connection to pipe per city details and specifications.
4. Loose or missing pipe joint gaskets
5. Pipe Joints not fully seated, or over-inserted.
6. Pipe integrity
Crushed ( or out of round)
Damaged pipe ( cracks, chips, etc.)
7. Pooling of water in the pipe.
Any pooling of water that is deeper than ¾” will require the sewer main line to be
adjusted to eliminate the problem.
8. Debris / Sediment.
The line should be clear of all sediment and debris.
END OF SECTION 5100
5100_ Sewer_ CCTV 4
SECTION 5200 INSPECTION AND TESTING OF SEWER LINES, MANHOLES, AND
SERVICE LINES
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This section covers the inspection and testing of sewer lines, manholes, and service lines.
Holiday testing shall be required on all epoxy lined manholes and sewer wet wells. Testing
is required before final acceptance of sewer lines and service lines by the City.
B. If more than two ( 2) repairs are necessary on any 100-foot segment of sewer line ( gravity
or force main) then the repairs may not commence until the Engineer of Record has
provided a report explaining the deficiencies and outlining a custom plan of repair,
remediation, or replacement. This document must be approved by the City of Fayetteville
prior to further disturbances to the utility.
1.02 SCOPE OF WORK
A. All pipelines shall be inspected and tested before final acceptance. The methods to be used
are as follows:
1. New Gravity Sewer Lines
a. Visual inspection during installation and before backfill.
b Low pressure air test.
c. Television inspection.
d. Mandrel test ( Flexible pipes only)
e. Final Visual Inspection
f. Infiltration/ exfiltration
g. Tracer wire continuity test.
2. Manholes
a. Visual inspection during installation and before backfill.
b. Vacuum testing.
c. Final visual inspection.
d. Holiday test ( epoxy coatings).
e. Cored connection dye-testing
3. Replacement Sewer Lines and Point Repairs
a. Visual inspection during installation and before backfill.
b. Low pressure air test/ exfiltration, infiltration.
c. Television inspection.
d. Mandrel test.
e. Final visual inspection.
5200_ Sewer_ Inspection 1
4. Force Mains
a. Visual inspection during installation and before backfill.
b. Hydrostatic pressure test.
c. Tracer wire continuity test.
5. Service Lines
a. Visual inspection during installation and before backfill.
b. Low pressure air test.
c. Exfiltration test.
1.03 DELIVERABLES
A. The Engineer shall provide a complete and comprehensive testing report summary
complete with all inspection and testing dates and results.
PART 2 -PRODUCTS
A. As specified elsewhere within these Standards.
PART 3 -EXECUTION
3.01 VISUAL INSPECTION DURING INSTALLATION AND BEFORE BACKFILL
A. The Engineer shall be responsible for inspecting sewer lines, manholes, and service lines
during all phases of construction. The Engineer shall provide comprehensive inspection
services. All work not conforming to these specifications that is discovered during this
inspection phase will be corrected by the Contractor.
3.02 PRESSURE TEST FOR GRAVITY SEWER PIPELINES
A. The Contractor will perform pressure tests on all gravity sewer lines.
B. Lines will not be accepted until they pass all required tests.
C. Perform the tests in the presence of the City representative. Provide at least 48 hours’
notice before beginning testing.
D. The primary test method is the Low Pressure Air Loss test.
3.03 LOW PRESSURE AIR LOSS PROCEDURE FOR GRAVITY SEWER PIPELINES
A. Plug all pipe outlets with suitable test plugs. Brace each plug securely.
B. Pipe air supply to pipeline to be tested so that air supply may be shut off, pressure observed,
and air pressure released from the pipe without entering the manhole. Install a valved
5200_ Sewer_ Inspection 2
branch in the supply line past the shut-off valve terminating in a 1/4” female pipe thread
for installation of the test gauge.
C. Add air slowly to portion of pipe under test until test gauge reads at least 4 psig, but less
than 5 psig.
D. Shut air supply valve and allow at least two minutes for internal pressure to stabilize.
E. The pressure shall then be decreased to 3.5 psig.
F. Upon reaching 3.5 psig, the time in minutes, seconds for the pressure to fall 1 psig so that
pressure at the end of time of the test is at least 2.5 psig shall be observed.
G. Compare observed time with minimum allowable times in the following chart for pass/ fail
determination.
TEST CHART FOR AIR TESTING SEWERS
Leakage Testing of Sewers by Low Pressure Air Loss
Time Pressure Drop Method)
Table 1 -Minimum Test Times in Minutes.Seconds for 1 psig drop (3.5 psig to 2.5 psig)
Distance Nominal Pipe Diameter ( inches)
Between
Manholes 8 10 12 15 18 21 24 30 36 42
100 7.33 9.26 11.20 14.10 17.00 19.49 22.47 35.36 51.17 69.48
150 7.33 9.26 11.20 14.10 17.00 26.1 34.11 53.25 76.55 104.42
200 7.33 9.26 11.23 17.48 25.38 34.54 45.35 71.13 102.34 139.36
250 7.33 9.53 14.14 22.15 32.03 43.37 56.59 89.02 128.12 174.3
300 7.35 11.52 17.05 26.42 38.27 52.21 68.22 106.5 153.51 209.24
350 8.51 13.51 19.56 31.09 44.52 61.04 79.46 124.39 179.29 244.19
400 10.07 15.49 22.47 35.36 51.17 69.48 91.10 142.27 205.08 279.13
450 11.23 17.48 25.38 40.04 57.41 78.31 102.34 160.16 230.47 314.07
500 12.39 19.47 28.29 44.31 64.06 87.15 113.58 178.04 256.25 349.01
550 13.55 21.45 31.20 48.58 70.31 95.58 125.21 195.52 282.04 383.55
600 15.11 23.44 34.11 53.25 76.55 104.42 136.45 213.41 307.42 418.49
H. Where groundwater level is above the crown of the pipe being tested, increase test pressure
at the rate of 1 psi for every 2.5 feet of water above the crown.
I. Air Testing Safety Requirements:
1. Securely brace plugs used to close the sewer pipe for the air test; this is to prevent
the unintentional release of a plug which can become a high velocity projectile. For
example: four pounds ( gauge) air pressure develops a force against the plug in a
5200_ Sewer_ Inspection 3
12" diameter pipe of approximately 450 pounds; this force can propel a 12-inch
plug weighing 10 pounds to supersonic speeds.
2. Locate gauges, air piping manifolds, and valves at the top of the ground. Entry by
anyone into a manhole where a plugged pipe is under pressure is strictly prohibited.
3.04 HOLIDAY TESTING FOR EPOXY LININGS
A. High voltage holiday detection for coating systems installed in corrosive environments,
when it can be safely and effectively employed, shall be performed to ensure monolithic
protection of the substrate. After the coating product( s) have cured in accordance with
manufacturer recommendations, all surfaces shall be inspected for holidays in accordance
with NACE RPO 188-99, Discontinuity ( Holiday) Testing of New Protective Coatings on
Conductive Substrates. All detected holidays shall be marked and repaired according to
the coating product( s) manufacturer’ s recommendations.
B. Test voltage shall be a minimum of 100 volts per mil of coating system thickness.
C. Detection of a known or induced holiday in the coating product shall be confirmed to
ensure proper operation of the test unit.
D. All areas repaired shall be retested following cure of the repair material( s).
E. In instances where high voltage holiday detection is not feasible a close visual inspection
shall be conducted and all possible holidays shall be marked and repaired as described
above.
F. Documentation of areas tested, equipment employed, results, and repairs made shall be
submitted to the City/ Engineer by Contractor.
3.05 TELEVISION INSPECTION
A. The Contractor shall televise all newly installed sewer mains as follows:
1. Television inspection shall be performed no less than 30-days after the pipe has
been backfilled. Inspection shall be performed after mandrel testing, if applicable.
2. The Contractor shall clean all lines thoroughly prior to the start of televising.
3. Prior to performing the video test, 5 gallons of clean water per 100 feet of sewer
line shall be poured down the sewer main in order to highlight low spots.
4. The Contractor shall televise each segment of pipe.
5. The Contractor shall review the video for possible defects in material or
workmanship.
6. The Contractor shall correct any defects discovered during the television inspection
at the Contractor' s expense.
7. The Contractor shall deliver to the Engineer final video and logs after all defects
have been repaired.
5200_ Sewer_ Inspection 4
3.06 MANDREL TEST
A. Mandrel testing shall be performed no less than 30-days after the pipe has been backfilled.
B. The maximum allowable pipe deflection is five (5) percent of the inside pipe diameter.
C. Any sewer pipe which fails the mandrel test prior to final acceptance will not be accepted
by the City until the defects are corrected.
D. All mandrel tests shall be performed by the Contractor while observed by City personnel.
3.07 SUPPLEMENTAL MANDREL TESTING
A. The City may at any time after final acceptance perform supplemental mandrel testing on
pipelines constructed of flexible pipe material. These supplemental tests will be performed
as detailed above with a maximum allowable long term deflection of five percent ( 5%).
B. Any sewer pipe which fails the mandrel test prior to expiration of the maintenance bond
will be corrected by the Contractor at the Contractor' s expense. If the Contractor fails to
correct these defects after a reasonable time, the City will correct the defects and file a
claim with the bonding company.
3.08 FINAL VISUAL INSPECTION
A. Upon completion of the above tests the Engineer will perform a final visual inspection of
sewer lines and manholes.
B. A punch list of defects ( including obvious running leaks) will be prepared and sent to the
Contractor for correction at the Contractors' expense.
3.09 INSPECTION FOR SERVICE LINES
A. All building sewer installations shall be inspected and approved by an authorized City
inspector.
B. Backfill may only be placed on the completed portions of a building sewer following
inspection. No approval certificate shall be issued until all portions of a building sewer
from the main connection to the building foundation have been inspected and approved by
an authorized inspector. At the time of inspection, the pipe should be in place in the trench
with the top half of the pipe barrel exposed. No approval will be given for building sewers
all or a portion of which are covered at the time of inspection.
C. All building sewers are subject to testing to insure water tightness. All tests must be
performed in the presence of the Engineer. Tests may be either by:
5200_ Sewer_ Inspection 5
1. Water Loss Test Procedure; or,
2. Low Pressure Air Loss Procedure.
D. If, in the opinion of the Engineer, the line in question is properly installed and free from
open joints and breaks, building sewers constructed entirely of cast iron soil pipe may be
connected to the city sewer without testing.
E. Low Pressure Air Loss Procedure
1. Plug securely both ends of the line to be tested.
2. Charge the line with air to a pressure of 4.5 psig.
3. Allow at least five minutes for the temperature in the pipe to stabilize.
4. Measure the time required for a one ( 1.0) psi drop in pressure.
5. The minimum time for a one psi loss is 28.5 x d seconds where d = the nominal
diameter in inches of the pipe being tested.
3.10 PRESSURE TEST FOR FORCE MAINS
A. Perform hydrostatic leakage tests for force mains the same as water pipe, see Section 5300,
by filling the force main with water and increasing the pressure to a testing pressure of
150% of the working pressure with a minimum of 100 psi and a maximum pressure of 250
psi.
B. The duration of the leakage test shall be two hours.
C. The maximum allowable leakage rate shall be 1 gallon per foot diameter of pipe per 1000
feet of force main for the duration of the 2 hour test.
D. The force main will not be accepted until the actual leakage is equal to or less than the
allowable. In addition, all obvious leaks shall be repaired.
3.11 MANHOLE TESTING
A. The Contractor shall vacuum test all new manholes constructed.
B. Precast manholes shall be vacuum tested prior to backfill.
C. The Contractor shall vacuum test all manholes that have been sealed ( waterproofed).
D. The Contractor shall vacuum test all manholes that have been epoxy lined.
E. Manholes shall be tested in accordance with ASTM C 1244, latest edition. Vacuum test
shall not be performed earlier than 7 days after construction for cast in place manholes.
The Contractor shall provide all testing equipment, pump, hosing, seal, and other
incidentals. Vacuum test head shall be positioned at the top of the casting ( the surface on
which the manhole cover rests, to include grade rings) in accordance with the equipment
5200_ Sewer_ Inspection 6
manufacturer’ s instructions. A vacuum of 10-inches of mercury shall be drawn and the
vacuum pump isolated by the shut-off valve on the test head connection. When valve is
closed, time measurement shall commence, and the time required for vacuum drop to 9-
inches of mercury shall be observed and recorded. Manholes shall pass if the time for the
vacuum reading to drop from 10-inches of mercury to 9-inches of mercury meets or
exceeds the time values in seconds in the following table.
Table 2 -Minimum Test Times for Various Manhole Diameters ( seconds)
Depth Diameter ( inches)
feet) 30 33 36 42 48 54 60 66 72
10 11 12 14 17 20 23 26 29 33
10 14 15 18 21 25 29 33 36 41
12 17 18 21 25 30 35 39 43 49
14 20 21 25 30 35 41 46 51 57
16 22 24 29 34 40 46 57 58 67
18 25 27 32 38 45 52 59 65 73
20 28 30 35 42 50 53 65 72 81
22 31 33 39 46 55 64 72 79 89
24 33 36 42 51 59 70 78 87 97
26 36 39 46 55 64 75 85 94 105
28 39 42 49 59 69 81 91 101 113
30 42 45 53 63 74 87 98 108 121
F. Manholes showing greater than the allowable leakage shall be repaired and re-tested until
a satisfactory leakage result is obtained.
G. If a main or service line connection is cored or cut into a new or existing manhole, this
connection must be dye-tested to verify no infiltration/ inflow is permitted at the
connection. A biodegradable, non-hazardous food-grade dye must be utilized. Dye must
encompass the new connection, on the outside of the manhole for a period of 1-hour
without any dye entering the manhole, based on visual inspection. If a vacuum test can be
performed on the manhole, no dye test will be required at the new connection.
3.12 TRACER WIRE CONTINUITY TESTING
A. Contractor shall perform a continuity test on all tracer wire in the presence of the Engineer
or the Engineers’ representative. If the tracer wire is found to be not continuous during
testing, Contractor shall repair or replace the failed segment of wire at their own expense.
B. A final continuity test shall be performed by a Water and Sewer Department representative
before the project will be accepted by the City. If the tracer wire is found to be not
continuous during testing, Contractor shall repair or replace the failed segment of wire at
his own expense.
5200_ Sewer_ Inspection 7
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END OF SECTION 5200
5200_ Sewer_ Inspection 8
SECTION 5300 INSPECTION AND TESTING OF WATER LINES AND SERVICE
LINES
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This section covers the inspection/ observation and testing of water lines and services lines.
Testing is required before final acceptance of water lines and service lines by the City.
B. If more than two ( 2) repairs are necessary on any 100-foot segment of water line then the
repairs may not commence until the Engineer of Record has provided a report explaining
the deficiencies and outlining a custom plan of repair, remediation, or replacement. This
document must be approved by the City of Fayetteville prior to further disturbances to the
utility.
1.02 SCOPE OF WORK
A. All pipelines shall be inspected and tested before final acceptance. The methods to be used
are as follows:
1. New Water Pipelines
a. Visual inspection during installation and before backfill.
b Hydrostatic pressure test.
c. Disinfection.
d. Bacteriological sampling.
e. Final Visual Inspection.
f. Tracer wire continuity test.
2. Water Meter Setters
a. Visual inspection during installation and before backfill.
b. Final Visual Inspection.
3. Service Lines
a. Visual inspection during installation and before backfill.
b Hydrostatic pressure test.
c. Final Visual Inspection
d. Tracer wire continuity test.
1.03 DELIVERABLES
A. The Engineer shall provide a complete and comprehensive testing report summary
complete with all inspection and testing dates and results.
5300_ Water_ Inspection 1
PART 2 -PRODUCTS
A. As specified elsewhere within these Standards.
PART 3 -EXECUTION
3.01 VISUAL INSPECTION DURING INSTALLATION AND BEFORE BACKFILL
A. The Engineer shall be responsible for observing/ inspecting water lines, water meter setters,
and service lines during all phases of construction. The Engineer shall provide
comprehensive observation/ inspection services. All work not conforming to these
specifications that is discovered during this inspection phase will be corrected by the
Contractor.
3.02 PRESSURE TEST FOR TAPPING SLEEVES
A. The contractor shall provide all pumps or other equipment necessary to test the tapping
sleeve before making a tap. The duration of the hydrostatic leakage test on tapping sleeves
shall be thirty ( 30) minutes at 225 psi with zero leakage.
3.03 PRESSURE TEST FOR WATER PIPELINES AND SERVICE LINES
A. After completion of construction of all water lines or sections thereof, the Contractor shall
flush, test and disinfect the new water lines in accordance with the Engineer of Record’ s
plan and as described below.
B. Flushing
1. All water for flushing, testing and disinfecting water lines shall be supplied and
paid for by the Contractor. Water meters shall be obtained from the City of
Fayetteville Meter Division. Water used for high rate flushing shall not be metered
through a contractor issued water meter. Actual water flow rates used during
flushing operations shall be determined by the City of Fayetteville by using either
pitot style gauges or high rate water meters. Volume shall be determined by
multiplying the measured flow rate times the duration of flushing in minutes. Water
used for flushing shall be billed to the contractor at the current wholesale water rate
plus applicable taxes.
2. The work shall be coordinated to ensure that it will not be carried on during periods
of high water usage. Water valves or other appurtenances on the existing water
system, new tapping valves, or valves or appurtenances that have been accepted by
the City, shall only be operated by a City employee who has a valid ADH Water
Operator’ s License and under the direct supervision of the City of Fayetteville
Water & Sewer Maintenance Division.
5300_ Water_ Inspection 2
3. The Contractor shall fill and flush the newly constructed lines and visually check
all combination air release and vacuum valves, blow-off valve assemblies, line
valves, fire hydrants, and meter setters to assure proper operation.
4. The Engineer of Record shall develop a flushing plan to ensure that all lines are
properly flushed. The plan should specify the sequence in which valves and
hydrants are to be opened and the duration thereof, ensuring complete flushing and
protecting the City’ s water system from construction contaminated water. The
volume to be flushed shall be no less than three ( 3) but no more than five (5) times
the volume of the main to be flushed, and shall be metered by the City. The flow
shall be such that a flushing velocity of not less than 2.5 feet per second and
preferably 3.5 feet per second or greater is attained.
C. Hydrostatic Testing
1. All pipe shall be tested as set out in AWWA C600, latest revision. Tests will be
conducted only after the line is completed, including all taps and meter settings as
required and the backfill completed. These tests shall be performed by the
Contractor in the presence of the City Inspectors and the Engineer of Record. The
Contractor shall furnish all necessary pressure gauges, meters, and pumps and make
all taps and connections.
2. Each valved section of pipe shall be slowly filled with water and the specified test
pressure shall be applied by means of a pump connected to the pipe in a manner
satisfactory to the Engineer. Before applying the test pressure, all air shall be
expelled from the pipe by permanent taps or corporation cocks where necessary.
3. Test pressure shall be either 150 percent of the static pressure at the lowest points
or 200 psi, whichever is greater, not to exceed 250 psi at the lowest point. The
contractor shall provide all pumps or other equipment necessary to maintain the test
pressure within +/-5 psi at the test point for a period of two ( 2) hours. All interior
valves including guardian valves on fire hydrants and other appurtenances shall be
open during all tests.
4. The test pressure shall not vary by more than ± five ( 5) psi for the duration of the
test. During the duration of the two hour test, if the test pressure drops more than
5.0 psi from the start pressure, the test shall be terminated and considered failure
due to assumed leaks in the tested pipe section. If the pressure rises beyond the
allowed 5 psi variance, the test shall be terminated and remaining air shall be purged
from the pipeline.
D. Leakage
1. The leakage test shall be conducted concurrently with the pressure test. 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 pressure within 5 psi of the above
5300_ Water_ Inspection 3
specified test pressure after the air in the pipeline has been expelled and the pipe
has been filled with water.
2. The maximum allowable leakage volume shall be per AWWA standards for PVC
and Ductile Iron pipes. For PVC pipe see AWWA C605 Table 2, for Ductile Iron
pipe see AWWA C600 Table 4.A.
3. Upon completion of a two hour test where the test pressure did not vary by more
than ± five ( 5) psi, the CONTRACTOR shall determine the leakage amount by
measuring the amount of “ make-up” water necessary to restore the original starting
pressure.
4. Should any test of pipe laid disclose leakage greater than that specified, the leak( s)
shall be located and repaired and the line shall be re-tested at the Contractor’ s
expense. All visible leaks shall be repaired regardless of the amount of leakage. It
may be necessary to utilize leak detection equipment to locate not visible leaks at
the Contractor’ s expense.
3.04 DISINFECTION
A. After successful pressure testing, the line(s) shall be flushed at a velocity equal to or greater
than 2.5 feet per second. The line shall then be disinfected in accordance with AWWA
C651, latest revision, for Disinfecting Water Mains, continuous feed method, except that
the placing of hypochlorite granules into the main during construction will not be
permitted.
B. The Contractor shall provide a test/ chlorine tap no greater than 10’ downstream from the
beginning of the new water line. All excavation, installation, use of and proper
abandonment of the test tap is the responsibility of the Contractor.
C. The final concentration of chlorine inside the main shall be 25 parts per million ( ppm) at
all locations and shall be maintained for a minimum of 24 hours. The chlorine residual at
the end of the 24 hour period shall not be less than 10 ppm. The contractor shall supply all
test kits necessary to verify chlorine concentrations.
D. The contractor shall operate all valves and hydrants in the treated section of water line
during the initial 24 hours to ensure disinfection of the appurtenances.
E. The contractor shall take great care when flushing the line to assure proper drainage is
available to prevent harm at any adjacent downstream location.
F. Disposal of the disinfecting water shall be in a manner that will protect the public and the
receiving waters from harmful concentrations of chlorine. Decholorination of the
disinfecting water shall be in accordance with AWWA C655, Field Dechlorination, latest
edition. A dechlorination plan shall be prepared by the Engineer of Record.
5300_ Water_ Inspection 4
G. After disinfection is complete, the Contractor shall then flush the disinfecting solution from
the lines to a point that the chlorine concentration is back down to the same level as the
treated water from the distribution system. The treated water lines will then be tested
before being placed into service.
3.05 BACTERIOLOGICAL SAMPLES
A. Bacteriological samples shall be taken by City personnel only. Samples shall be taken on
two consecutive days and shall be taken only on Monday, Tuesday, Wednesday, or
Thursday. Before a line is placed in service, two consecutive series of samples which are
not collected on the same day and are taken no more than 4 days apart must show that the
water is bacteriologically safe for drinking purposes.
3.06 FINAL VISUAL INSPECTION
A. Upon completion of the above tests the Engineer will perform a final visual inspection of
water pipelines and meters.
B. A punch list of defects ( including obvious running leaks) will be prepared and sent to the
Contractor for correction at the Contractors' expense.
3.07 TRACER WIRE CONTINUITY TESTING
A. Contractor shall perform a continuity test on all tracer wire in the presence of the Engineer
or the Engineers’ representative. If the tracer wire is found to be not continuous during
testing, Contractor shall repair or replace the failed segment of wire at their own expense.
B. A final continuity test shall be performed by a Water and Sewer Department representative
before the project will be accepted by the City. If the tracer wire is found to be not
continuous during testing, Contractor shall repair or replace the failed segment of wire at
his own expense.
5300_ Water_ Inspection 5
THIS PAGE INTENTIONALL LEFT BLANK)
END OF SECTION 5300
5300_ Water_ Inspection 6
SECTION 6000 PAVEMENT REPAIR
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This section covers the materials and procedures used in the repair of roads, streets, or other
public rights-of-way where a water lines, sewer lines or appurtenances are constructed as
part of private or development projects.
B. Capital Improvement Projects and City maintenance projects are not a standard
specification. Capital Improvement Projects and City maintenance projects will be
considered only on specific case by case basis in accordance with Section 1000 General
Requirements.
1.02 REGULATIONS AND STANDARDS
A. All permanent repairs of streets, roads, trails, sidewalks, other public rights-of-way, private
drives, private parking lots, etc. shall comply with the requirements shown on the City
Engineering Standard Detail Drawings and as further defined in the City’ s Minimum Street
Standards and details. Also refer to:
http://www.fayetteville-ar.gov/445
B. The Contractor is responsible for following the requirements of all State or local
Ordinances, Regulations, or Codes governing the repairs to roads, streets, or other public
rights of way. In particular:
1. Repair of State Highways: per requirements of the Arkansas Department
of Transportation.
2. Repair of county roads: per requirements of the Washington County Road
Department.
3. Repair of City of Fayetteville streets, sidewalks, and driveways: per the
requirements of the City of Fayetteville.
4. Permit for street cut and repairs shall be furnished by the Contractor.
C. Temporary Repairs: Comply with Section 1000 General Requirements and as follows.
1. Per requirements of the governmental agency having jurisdiction and these
specifications.
6000_ Pavement_ Repair 1
1.03 TRAFFIC CONTROL
A. Comply with Section 1000 General Requirements and as follows.
A. Whenever traffic flow restrictions of any kind are anticipated, the Contractor will be
required to contact the City of Fayetteville Engineering Division to be given permission to
obstruct traffic flow.
B. Street closing permits must be obtained from proper government agencies.
C. Construction signs shall be placed immediately adjacent to the Work, at such locations as
traffic demands.
D. Contractor will be required to submit a Traffic Control Plan to City of Fayetteville and the
Engineer.
END OF SECTION 6000
6000_ Pavement_ Repair 2
SECTION 6100 LAWN AND GRASS RESTORATION
PART 1 -GENERAL
1.01 WORK INCLUDED
A. This Section covers the replacement of native grass or sod in lawns disturbed by the
construction.
B. Consists of furnishing and applying fertilizer, seed, mulch cover, and water at all other
locations disturbed by the construction.
C. Maintenance service.
1.02 SCOPE OF WORK
A. This Section covers the furnishing and placing of sod to form solid mats on areas shown
on the Drawings ( generally lawns or commercial green spaces) or seed and mulch all other
areas disturbed by the Contractor.
B. It covers the furnishing and applying of water.
C. It covers the furnishing and placing of four ( 4) inches of topsoil on all areas disturbed
during construction.
D. It covers the furnishing and placing of fertilizer.
E. All work shall be in accordance with details shown on the Drawings and within these
Specifications.
F. The Contractor is responsible for following the requirements of all local Ordinances,
Regulations, or Codes governing re-vegetation and slope stabilization,
1.03 WARRANTY
A. Provide one year warranty from date of final acceptance.
B. Replace areas found dead, or not in a healthy growing condition.
6100_ Lawn_ Restoration 1
PART 2 -PRODUCTS
2.01 TOPSOIL
A. Topsoil shall be reasonably free from subsoil, clay, lumps, brush, objectionable weeds
and/or other litter and shall be free from roots and toxic substances or other material or
substances that might be harmful to plant growth or be a hindrance to grading, planting and
maintenance operations.
2.02 FERTILIZER
A. Fertilizer shall be a standard commercial product complying with State and Federal laws
and with the requirements issued by proper authorities.
B. Fertilizer shall be delivered to the site in the manufacturer' s original container, on which
shall be plainly marked the manufacturer' s name and the guaranteed chemical analysis.
C. Except as noted in the following sentence, fertilizer shall contain not less than the
percentages by weight of ingredients as follows:
Nitrogen -13 percent
Phosphorus, P205 -13 percent
Potash, K2 -13 percent
Other 1:1:1 ratio fertilizers may be used, provided the available plant food remains the
same as herein specified.
D. All fertilizer shall be solid and shall be in a condition which will permit proper distribution.
2.03 SOD
A. Solid sod shall be cut from well-established viable Bermuda, Zoysia or St. Augustine grass.
Sod type shall match that established in the disturbed areas.
2.04 SEED
A. Contractor shall apply seed mixture appropriate for the season and disturbed area.
B. Contractor shall apply a mixture of various annuals and perennials to provide overlapping
times of seasonal peak vegetative cover. Seeding shall only be done just prior to the
vegetation’ s peak season for best results. Seeding shall be used when there is sufficient
time in the season to ensure adequate vegetation establishment and erosion control.
6100_ Lawn_ Restoration 2
C. To optimize soil stabilization, Contractor shall utilize a nurse crop of quick growing
annuals within a mix of perennials appropriate for the season. The nurse crop germinates
and grows rapidly, holding the soil until the slower-growing perennial seedlings become
established. Permanent vegetation shall not be considered established until a ground cover
of perennial vegetation is achieved that is uniform and mature enough to survive and be of
sufficient density to preclude erosion.
D. Contractor shall conduct seeding activities to achieve stabilization that are generally
congruent with the following schedule:
Dormant Cold Season Temporary Stabilization ( November 1 – February 28)
Seeding at this time of the year typically does not produce successful results, as cold temperatures
inhibit seed germination. Contractor shall be responsible for achieving temporary stabilization via
mulching, erosion control blankets, matting, compost, and/ or other appropriate
structural/ nonstructural methods for temporary stabilization until seasonal weather conditions
become more conducive to establishment of permanent perennial vegetative cover. Fertilizers
shall be added at this time in preparation for seeding. Contractor shall be responsible for achieving
temporary stabilization at all areas that are unstable and subject to erosion. Contractor shall apply
temporary seeding, as follows:
Dormant Cool Season Temporary Cover Crop Seed Mix (November 1 – February 28)
Plant Species Growth Season/ Seeding Rate
Life Cycle
Winter rye ( Secale cereale) cool season annual 75 lb/ac
Perennial Ryegrass ( Lolium perenne) cool season perennial 75 lb/ac
Pre Warm Season ( Spring) Seeding ( March 1 – May 31)
As the growing season approaches, Contractor shall apply a mix of quick germinating cool season
species combined with warm season species listed below. The cool season species will serve to
hold the soil until warmer weather arrives stimulating the warm season species to germinate.
Pre Warm Season ( Spring) Seed Mix (March 1 – May 31)
Plant Species Growth Season/ Seeding Rate
Life Cycle
Oats ( Avena sativa) cool season annual 20 lb/ac
Perennial Ryegrass ( Lolium perenne) cool season perennial 20 lb/ac
White clover ( Trifolium repens)* cool season perennial 20 lb/ac
Korean ( Kobe) lespedeza ( Kummerowia stipulacea)* warm season annual 20 lb/ac
Bermuda ( Cynodon dactylon) warm season perennial 30 lbs/ ac
Bahiagrass ( Paspalum notatum) warm season perennial 30 lbs/ ac
Weeping love grass ( Eragrostis curvula) warm season perennial 30 lbs/ ac
All legume seed must be properly inoculated with appropriate inoculant.
6100_ Lawn_ Restoration 3
Warm Season Seeding ( June 1 – August 31)
In the midst of the growing season, Contractor shall apply a mix of warm season annuals and
perennials, as follows:
Warm Season Seed Mix (June 1 – August 31)
Plant Species Growth Season/ Seeding Rate
Life Cycle
Sudan grass ( Sorghum bicolor) warm season annual 20 lb/ac
Alyce clover ( Alysicarpus ovalifolius) warm season annual 20 lb/ac
Brown-top millet ( Panicum ramosum) warm season annual 20 lb/ac
Bermuda ( Cynodon dactylon) warm season perennial 25 lbs/ ac
Bahiagrass ( Paspalum notatum) warm season perennial 25 lbs/ ac
Weeping love grass ( Eragrostis curvula) warm season perennial 25 lbs/ ac
Buffalo grass ( Bouteloua dactyloides) warm season perennial 25 lbs/ ac
Late Season Seeding ( September 1 – October 31)
During late summer to early fall, Contractor shall apply the following mix:
Late Season Seed Mix (September 1 – October 31)
Plant Species Growth Season/ Seeding Rate
Life Cycle
Oats ( Avena sativa) cool season annual 30 lb/ac
Winter rye ( Secale cereale) cool season annual 30 lb/ac
White clover ( Trifolium repens)* cool season perennial 25 lb/ac
Perennial Ryegrass ( Lolium perenne) cool season perennial 50 lb/ac
Virginia wildrye ( Elymus virginicus) cool season perennial 25 lb/ac
All legume seed must be properly inoculated with appropriate inoculant.
E. Contractor has option of adding warm season perennials to Late Season Seed Mix
September 1 – October 31) and/ or Dormant Cool Season Temporary Cover Crop Seed
Mix ( November 1 – February 28) or seeding with warm season perennials during other
seeding periods. This is to be determined on a site-specific basis. Contractor shall confer
with City of Fayetteville prior to seeding activities to determine specific seed mix.
F. Contractor shall submit all labels/ tags from seed bags and seed purchase invoices to the
City of Fayetteville.
2.05 MULCH
A. Mulching shall be used in conjunction with both temporary and permanent seeding
practices to enhance their success by providing erosion protection prior to the onset of
vegetative growth. Straw mulching shall be of oat, wheat, or rice straw mulch. Hay mulch
shall be prairie grass, Bermuda grass, or other hay as approved. Mulch shall be dry and
reasonably free from Johnson grass or other noxious weeds, and shall not be excessively
brittle or in an advanced state of decomposition. All material will be inspected and
approved prior to use.
B. Mulching shall be spread in a uniform continuous blanket, at a rate of 1 to 3 tons per acre
air dried weight) or to a uniform 2-inch depth. Mulch shall be spread by hand or by an
6100_ Lawn_ Restoration 4
approved blower type mulch spreader. Care shall be taken to remove all wire and/ or twine
from baled hay/straw when the control structures are removed from the site. Mulch shall
be anchored in the soil to a depth of two to three inches to form a soil-binding mulch to
prevent loss or bunching, or held in place with a tackifier.
2.06 WATER
A. Water shall be free from any substances, in solution or in suspension, which would inhibit
the rapid growth of grass.
PART 3 -EXECUTION
3.01 FERTILIZER APPLICATION
A. Fertilizers shall be applied at appropriate agronomic rate. If necessary to achieve final
stabilization, fertilizer shall be applied at a minimum rate of 250 pounds per acre ( 0.0057
pounds per square foot) in advance of tilling/ seedbed preparation operations. When soil
samples are not practical, fertilizer shall consist of 13-13-13 ( nitrogen, phosphorus, and
potassium content). The fertilizer distributor box shall be equipped with baffle plates to
prevent downward movement of fertilizer when operating on a slope. The fertilizer shall
be raked in and thoroughly mixed with the soil to a depth of approximately 2 inches prior
to the application of seed or mulch.
3.02 SEEDING
A. Areas to be seeded shall be dressed to natural shape.
B. The Contractor shall obtain an approved topsoil from any available source and place
uniformly on the designated areas and spread evenly to a minimum thickness of four ( 4)
inches. Irregularities in the surface shall be corrected so as to prevent formation of
depressions where water will stand. TOPSOIL SHALL NOT BE PLACED WHEN THE
SUBGRADE IS FROZEN, EXCESSIVELY WET, OR IN A CONDITION
DETRIMENTAL TO THE PROPOSED PLANTING AND PROPER GRADING.
C. Broadcast sowing of seed may be accomplished by hand seeders or by approved power
equipment. Either method shall result in uniform distribution and no work shall be
performed during high winds. The area seeded shall be lightly firmed with a cultipacker
immediately after broadcast.
D. The contractor shall water and maintain seeded areas from time of completion until final
acceptance of the project.
6100_ Lawn_ Restoration 5
E. The contractor shall be responsible for establishing ground cover on all disturbed areas.
Repeated seeding shall be required if necessary throughout the warranty period.
3.03 SOD PLACEMENT
A. In this paragraph, " Solid Sod" is interchangeable with the word " sod."
B. Solid sod or topsoil shall not be placed until all other items of work are complete.
C. Prior to placing the sod and topsoil in the areas designated, the ground surface shall be
cleared of materials that might hinder proper grading, tillage, or subsequent maintenance
operations such as stumps, stones, roots, cable, wire, grade stakes, etc., and brought to four
4) inches below the finished grade. The areas shall then be thoroughly tilled to a depth
of at least two (2) inches by plowing, disking, harrowing or other acceptable means.
D. The Contractor shall then obtain an approved topsoil from any available source and place
uniformly on the designated areas and spread evenly to a minimum thickness of four ( 4)
inches. Irregularities in the surface shall be corrected so as to prevent formation of
depressions where water will stand. TOPSOIL SHALL NOT BE PLACED WHEN THE
SUBGRADE IS FROZEN, EXCESSIVELY WET, OR IN A CONDITION
DETRIMENTAL TO THE PROPOSED PLANTING AND PROPER GRADING.
E. After the topsoil has been spread and graded, the surface shall be cleared of stones, stumps
or other objects that might hinder planting or maintenance preparations. Paved areas over
which hauling operations are conducted shall be kept clean.
F. Where any portion of the surface becomes gullied or otherwise damaged, the affected areas
shall be repaired to the aforementioned condition.
G. Areas to be sodded shall be shaped in such manner that they will, after placement of sod,
conform to the typical sections.
3.04 WATERING
A. Prior to placement of seed or sod, areas shall be sprinkled with water sufficiently to make
them moist, but not muddy. The initial application of water may be omitted if the area is
sufficient moist from rainfall.
B. Immediately following the placing and tamping of sod, the covered area shall be wetted
thoroughly. Subsequent applications of water shall be as required.
C. Immediately following the application of the mulch cover for seeding, water shall be
applied in sufficient quantity to thoroughly moisten the soil to the depth of pulverization
and then as necessary to germinate the seed and maintain growth.
6100_ Lawn_ Restoration 6
3.05 COMPLETENESS
A. The lawn and grass operations shall not be considered complete until a uniform ( e.g.,
evenly distributed, without large bare areas) perennial vegetative cover with a density of
80% of the native background vegetative cover for the area has been established on all
unpaved areas and areas not covered by permanent structures.
3.06 INTERMITTENT CLEANUP
A. Immediately following the lawn and grass restoration operations, all gutters, sidewalks,
driveways, street pavement, yard or other areas shall be cleaned of all debris, excess sod,
topsoil or other objectionable matter. All such cleanup operations shall be completed
before sodded areas are measured for payment.
6100_ Lawn_ Restoration 7
THIS PAGE INTENTIONALLY LEFT BLANK)
END OF SECTION 6100
6100_ Lawn_ Restoration 8
SECTION 6200
REPORTING FORMS
The following forms may be revised and/or additional forms added as determined by the Utilities
Director or City engineer.
It is the Contractor’ s responsibility to request the latest edition of Reporting Forms.
Fire Hydrant Information Sheet
City of Fayetteville
Hydrant ID:
Address:
Street:
Cross Street:
Main Diameter:
Feeder Diameter:
Assigned by Water/Sewer
Nearest House Number
Street Name
Nearest Cross Street
Manufacturer:
Model:
Year:
Installation Date:
Installed By:
Static Pressure:
Mueller, Waterous, Other
City or Contractor Name
psi
Depth of Bury:
Number of Nozzles:
Include Extensions
3 2 Other:____
Ownership:
City, Private, WWA, Other
Nozzle Diameters: 4 1/2"-_____; 2 1/2"-______; Other-______
Fire Flow Data
Pitot Pressure: psi
Secondary Fire Hydrant for Test
Hydrant ID:
Measured Flow: gpm Static Pressure: psi
20 psi Residual Flow: gpm Residual Pressure: psi
Current Color:
Correct Color:
Blue Green Orange Red Other:________
Residual Flow is 1500 gpm > -Blue; 1000 to 1499 -Green; 500 to 999 -Orange; < 500 -Red
Date of Flow Test: Initials of Testor:
Date of Inspection: Initials of Inspector:
Date of Maintenance: Intitials of Maint.:
Notes:
Water Line Flushing Form
City of Fayetteville
Test Date: Contractor / Superintendent:
Project Name:
City Project Number: Engineer / Inspector:
Location:
Pipe Total Volume Start Flushing Measured End Volume
Diameter Length gallons) Time Rate Flushing Time gallons)
inches) of Pipe min. 2.5 fps Rate
feet)( gpm) gpm)
Diameter Volume gpm
inches)( 1000') at 2.5 fps
2 163 24
3 367 55
4 653 98
6 1469 220
8 2611 392
12 5875 881 City of Fayetteville
Water Pressure and Leakage Test Form
City of Fayetteville
Test Date: Contractor / Superintendent:
Project Name:
City Project Number: Engineer / Inspector:
Location:
Pipe Total Test Allowable Start Start End End Make-up Pass
Diameter Length Pressure Leakage Time Pressure Time Pressure Volume or
inches) of Pipe ( psi) ( gallons) ( psi) psi) ( gallons) Fail
feet)
Allowable
D (inches) per 1000'
6 0.50
8 0.67
10 0.83
12 1.00
14 1.17
16 1.33
18 1.50
20 1.67
24 2.00
36 3.00
42 3.50 City of Fayetteville
Water Line Disinfection Form
City of Fayetteville
Test Date:
Project Name:
City Project Number:
Location:
Contractor / Superintendent:
Engineer / Inspector:
Pipe
Diameter
inches)
Total
Length
of Pipe
feet) (
Volume
of
Water
gallons) (
Make-up
Water
Chlorine (
ppm) (
Chlorine
Residual
ppm)
Date
and
Time
Chlorine
Residual
after 24 Hours
ppm)
Date
and
Time
After chlorine residual in the water line has been achieved at a minimum of 25 ppm, all valves and hydrants in the treated section of water line shall be operated during
the initial 24 hours to ensure disinfection of the appurtenances.
Diameter Volume
inches) ( 1000')
2 163
3 367
4 653
6 1469
8 2611
12 5875 City of Fayetteville
Manhole Vacuum Test Form
City of Fayetteville
Test Date:
Project Name:
City Project Number:
Location:
Contractor / Superintendent:
Engineer / Inspector:
Drawing
Sheet
Number
Manhole
ID
Manhole
Sta.
Number (
Start
Time
Start
Pressure
inches of Hg)(
End
Time
End
Pressure
inches of Hg)
Pass
or
Fail
City of Fayetteville
Sewer Line Low Pressure Air Test Form
City of Fayetteville
Test Date:
Project Name:
City Project Number:
Location:
Contractor / Superintendent:
Engineer / Inspector:
Plan
Sheet
Number
Upstream
Manhole
Upstream
Sta.
Number
Downstream
Manhole
Downstream
Sta.
Number (
Start
Time
Start
Pressure
psi)(
End
Time
End
Pressure
psi)
Pass
or
Fail
City of Fayetteville
Sewer Line Mandrel Test Form
City of Fayetteville
Test Date:
Project Name:
City Project Number:
Location:
Contractor / Superintendent:
Engineer / Inspector:
Plan
Sheet
Upstream
Manhole
Upstream
Sta.
Downstream
Manhole
Downstream
Sta.
Pass
or
Number Number Number Fail
City of Fayetteville
OP-01
Page 1 of 10
CCIITTYY OOFF FFAAYYEETTTTEEVVIILLLLEE,, AARRKKAANNSSAASS
POLICY AND PROCEDURE
Subject: SEWER SERVICE LINE AND CONNECTION POLICY
Policy Number: OP-01
Original Policy Date: June 23, 1988
Effective Date of New/ Revised Policy: August 1, 2005
Revision Dates: July 21, 2005
Custodian: ( Division) WATER AND WASTEWATER
Mayor’s Signature and Date
OP-1.0 PURPOSE:
To establish a uniform policy concerning sewer service connections and sewer service
lines.
OP-1.1 POLICY:
General. There have been numerous pipe configurations installed underground since the
City of Fayetteville’ s sewer system was first designed and installed in 1889. This policy
is correct and appropriate for over 99% of the situations found. It does not eliminate
using sound judgment for the remaining 1% of the cases. Judgment calls shall be the
responsibility of the Mayor or his designated representative, who is currently the
Water/Sewer Maintenance Superintendent. Grandfather clauses do not apply in cases
where public health and safety is compromised, and thus do not apply for sewer issues.
Ordinance references are based on the City of Fayetteville Code of Ordinances as in
effect on 1 April, 2003.
1. Connection permit required. [ Section 51.035, City of Fayetteville Code of
Ordinances]. “ No unauthorized person shall uncover, make any connection with or
opening into, use, alter, or disturb, any public sewer or appurtenance thereof without
first obtaining a written permit from the approving authority. No permit shall be issued
to allow any person to tie his property to the sewer system until the connection fee
prescribed by Section 51.114 as presently amended or as may be amended in the future is
paid.”
OP-01
Page 2 of 10
2. Separate building sewer provided for every building;, exceptions. [ Section 51.039,
City of Fayetteville Code of Ordinances]. “ A separate building sewer shall be provided
for every building except as follows:
A) Where multiple buildings are constructed in an apartment complex or
condominium on a single lot or tract of land which cannot be subsequently subdivided
and sold in parcels, the individual buildings may be connected to a collector building
sewer, provided that only one person is responsible for maintenance of the building
sewer.
B) Temporary buildings, mobile homes, or similar portable structures may be
connected to a building sewer installed to serve a previously constructed permanent
building, provided that both the permanent and temporary buildings are located on the
same lot.”
The temporary status is null and void if the structure is in place for more than 365 days.
At that time, a separate building sewer must be provided.
Two buildings, or two parts of one building which may have different owners ( i.e.,
townhouses) may not be attached to one 4" or 6” private service line. This has never
been legally allowed. If two buildings, or two parts of one building which may have
different owners, are attached to a single private service line, this situation must be
corrected by the owners and each structure must have a dedicated tap onto the main. The
only exceptions are listed above. Multiple structures hooked to one sewer service line are
not covered by any grandfather clause, and the situation must be corrected.
Condominiums and other structures which can have separate ownership must each have
their own dedicated sewer service line which remains on the same lot/property as the
building or portion of the building which it serves.
3. Service Line Crossing Adjacent Lots. Sewer service lines must run directly from
the lot which they serve to the main without crossing another lot. The service may cross
street right of way and/ or the easement to access the main. It may not run parallel to the
main, but can run at an angle between 45o to and perpendicular to the main if the main is
already installed prior to the development of said land and said service line will be no
more than 60’ in length within the combined easement/right of way area. Ownership is
not the deciding factor; lot lines or parcel lines are the issue. Thus, if one Owner owns
two adjacent lots, and builds on one lot, the service for this structure and lot cannot cross
the other lot. If the service line would have to be more that 60’ in length within the
combined easement/right of way area, then the main must be extended so the service line
can connect at a 90 o angle to the main.
4. Sewer Mains Accessing Every Lot. Sewer mains shall be installed so as to adjoin
each lot such that all service lines meet the above requirements. Sewer main extensions
are the responsibility of the owner of the lot receiving the service.
5. Sewer Easements for Private Lines. Sewer line easements for private lines to cross
adjacent lots are prohibited except in very rare cases. In general, these are when a given
OP-01
Page 3 of 10
private residence tandem lot, containing only one structure which requires sewer service,
is “ landlocked” from a sewer main, all adjacent lots have legal access to a main, and the
sewer line easement is collocated with an above ground access easement. Private
easements shall not be used in cases where sewer main extensions are in the public best
interest, such as where a sewer main shall be made accessible to other lots or where a
future main may be required.
6. City and Owner Service Line Maintenance and Repair Responsibilities.
There are two general situations which cover sewer service line configurations in the City
of Fayetteville. The following two paragraphs explain City and Customer responsibilities
for each of these situations.
A. Situation 1, No City Cleanout is Present.
If no City cleanout is present, the Customer owns the service lateral all the way to the
main. They are responsible for any and all repairs, clearing any blockages, etc., with the
following caveat. If there is a blockage under the paved or concreted portion of the street
from a vertical line drawn at the back of curb to the back of curb, or from the actual edge
of the asphalt if no curb is present) which cannot be cleared via rodding or washing, then
the City will repair the pipe under the street. If the blockage is determined to be caused
by anything which should not be placed in a sewer line ( grease, paper towels, toys,
croquet balls, cleanout caps, sticks, gravel, kitty litter, or any other materials which are
not allowed per the sewer use ordinance) then the Customer will be billed for the work.
The burden of proof of the location of the blockage rests on the Customer. The City will
meet the Customer or their representative ( plumber, rooter, etc.) and try to help them
determine the location of the blockage. The City will not place a City owned rod,
camera, tape, or other item into the Customer’ s cleanout or sewer system to determine the
location of a blockage-anything placed inside the pipe at this time must belong to or be
working for the Customer. If the combined forces determine beyond a reasonable doubt
that the blockage is under the street, then we will investigate as necessary to determine
what type of repair is necessary. This is the only time we will place City tools inside the
Customer’ s piping system. If there used to be a City cleanout and the cleanout has been
removed or damaged, then the situation is the same as when there is no City cleanout
present.
If the blockage is outside the area of the paved or concreted portion of the street ( from a
vertical line drawn at the back of curb to the back of curb, or from the actual edge of the
asphalt if no curb is present), then the City grants the property owner who owns the
service line the right to perform maintenance on said service line within the easement
and/ or right of way. This includes work performed on both sides of the road or right of
way, to include work performed under a sidewalk.
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B. Situation 2, City Cleanout is Present.
A City cleanout is defined as a 4" cleanout located behind the curb or at the easement line
for back yard lines). These cleanouts are typically within 10' of the edge of the roadway
or within 10' of the main, respectively. Cleanouts smaller than 4" are never City
cleanouts, and are always the responsibility of the property owner.
When a City cleanout is present, the City assumes ownership and responsibility for any
blockages between the City cleanout and the main, and which can be cleared by rodding
from the City cleanout. If the blockage is determined to be caused by anything which
should not be placed in a sewer line ( paper towels, toys, croquet balls, cleanout caps,
sticks, gravel, kitty litter, or any other materials which are not allowed per the sewer use
ordinance) then the owner will be billed for the work. Any blockages prior to the City
cleanout shall be the Customer’ s responsibility. This includes any work to attach to the
Customer’ s side of the tee or wye where the cleanout riser ties to the service lateral.
7. Billing. If a bill is required, the bill will be processed through the accounts receivable
process, rather than by being added to the Customer’ s utility bill. If the bill is not paid or
payment terms negotiated within 60 days of first issuance, then the bill will be transferred
to the utility bill. Job costs will be based on an actual time and materials basis.
Personnel rates will include the full hourly salary costs.
8. Use of old building sewers with new buildings. [ Section 51.040, City of
Fayetteville Code of Ordinances]. “ Old building sewers, or portions thereof, may be used
in connection with new buildings only when they are found on examination and test by
the approving authority to meet all requirements of this subchapter.”
Complete remodeling is included in the definition of “new building” if the remainder of
the plumbing system is being replaced and must meet current plumbing codes, or if the
value of the renovation is equal or grater than 50% of the value of the structure.
The cost of this examination and test is borne by the Owner. Current Environmental
Protection Agency regulatory requirements and plumbing codes require that the lines be
completely water tight and capable of passing a test with pressurized air. In these cases, a
new tap shall be purchased, with the note that the Owner would like to use the existing
service lateral. If the latter is determined to be acceptable, then the Owner will be
reimbursed the tapping fee less the actual cost of the inspection and testing. It is the
owner’ s responsibility to identify the location of the service lateral.
9. Separation Between Water and Sewer Services. City sewer connections shall be
made at least ten feet away from water connections. The sewer service shall have ten
10) feet of separation from the City portion of the water service, measured from the
outside of the respective pipes.
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10. Service Line Unusual Installation Requirements.
A. Exposed Ditch or Creek Crossings. To protect such service lines from the
hazards of water flow, debris damage, freezing, leakage, drainage system maintenance,
vandalism, and other factors, sewer service lines which are exposed or which have less
than 12 inches of cover where they pass through or under a drainage ditch, creek, swale,
intermittent stream, or any other feature whereby they have insufficient cover and/ or are
exposed shall have special protection in these areas. Sewer service lines in these
circumstances shall be installed in a continuous smooth steel encasement across the entire
exposed or shallow area. Water tight boots shall be installed on both ends of the steel
encasement. Where the line is exposed, the encasement shall be anchored by concrete no
less than two feet long along the length of the pipe and surrounding the pipe by six inches
in all directions inside the bank. The concrete shall be placed against undisturbed soil in
the same fashion as blocking on water lines.
B. Pump Systems. Pump systems are sometimes required in the City of
Fayetteville to provide sewer service to facilities which are physically lower than the
sewer main which provides them service or in other special cases. Pumps for these type
systems shall be grinder or solids handling type pumps specifically designed to handle
sanitary sewage, the flow volume, and to pump against the head for the specific
circumstance in which the pump is installed. Pumps designed for use with septic systems
and for ground water sumps shall not be used for sanitary sewer uses. If physically
possible, the service lines that come from these pumps shall flow to a gravity section of
service lateral prior to entering the sewer main so as to enter the main with a standard
four inch gravity flow service lateral connection.
11. Tapping Procedures.
A. Making Taps. The City will make all taps on existing sewer mains, either by
contract supervised by the City or by City crews.
B. The City will provide a wooden stake that is marked “ sewer”. Please drive
this stake in the ground at your property line where you need the service connection. If
this is not done, the connection will not be made. Failure to place the stake promptly
could delay your construction process.
C. Write the desired depth of the service connection on the stake in feet and
inches. (Note: Due to the depth of the sewer main, conflicts with other existing utilities,
and other underground circumstances, it may not be possible at all times to achieve the
desired depth, in which case the Owner and/or plumber will be notified by the City
personnel). It is the owner’ s responsibility to determine if the depth is adequate for the
service line. The City will not determine grades on either the service or the mains for
purposes of determining whether a structure can tie onto a main using a gravity line.
D. It is safer to wait for the service connection to be installed by the City so that
the yard line’s grade can be adjusted accordingly. This will assure that unnecessary
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bends will not be needed at the point of connection. Also, the plumber will have the
exact depth to work with. The builder and/or plumber are responsible for determining
grades and building elevations for service. The grade on the City installed portion of the
service line can be affected by a number of factors which cannot be identified prior to
installation, to include location and depth of other utilities, etc.
E. The City service connection will terminate at the property line. However, the
customer will be responsible for maintenance of that service line from the building to the
City main.
F. If the service connection exceeds sixty ( 60) feet in length ( as in a street right-
of-way crossing) the property owner will be charged for the excess footage. Prior
arrangements must be made for long service connections. All other sewer service
connections will consist of one joint of pipe or approximately ten (10) feet. In no case
will the line stub out beyond the easement or right-of-way line.
G. If the excavation for the tap exceeds eight ( 8) feet in depth, the property owner
may be charged for excess time required to make the connection. Prior arrangements
must be made for deep service connections.
H. Permanently marking the location of the sewer service connection for future
reference shall be the responsibility of the property owner. Unless the customer’s
plumber is on site, the City will backfill their entire excavation, to include the end of the
stubbed out pipe, immediately.
I. The stubbed out piece of service pipe (coming from the new tap on the main)
will be left plugged when installed. The customer’ s plumber is required to connect the
customer’s yard line to this piece of pipe. City crews will not connect the stub out from
the tap to the customer’ s service line.
J. If the City crews have to return to the site to make any adjustments which are
necessitated because of the property owner’s change of plans, the labor, materials, and
equipment will be charged to the owner.
K. A new sewer connection could take as long as four to six weeks or more. All
connections are made on a first-come first-served basis, and the demand can fluctuate
greatly. Jobs adjacent to or on Arkansas State Highway rights of way require a permit
from the Arkansas Highway and Transportation Department, which generally add an
additional four weeks. Please allow enough time in your construction plans.
12. Taps Installed When Areas Are Developed. Sewer lines are generally installed
when land is developed. Taps, with a section of private service line attached, are
generally made for each lot at this time. The City and the lot owner rely on accurate
information from the developer, his Engineer, and his contractor as to the location and
grade of these taps and service lines.
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A. If a tap for a lot is installed when the sewer main is installed, the building on
that lot is required to use the tap installed for that lot.
B. If the service line coming off the main cannot be found by the owner or his
representatives, then the owner is responsible to buy a tap from the City using the process
described in this document. The Water/Sewer Superintendent will then determine if it is
optimal to make a new tap or to televise to find the tap that is supposed to be present. If
televising is performed and the cost of the televising is less than that of the purchased tap,
then the difference between the two costs shall be reimbursed to the owner. If a tap is
found by televising, the City will mark the location of the tap (at the main) for the owner.
If no tap is found, the cost of the televising will not be added to the tapping fee.
C. If a tap is not in the most desirable location due to slope, building design, etc.,
then all expenses related to making a different connection shall be paid by the owner.
This includes installation of the new tap and proper abandonment of the tap which is not
used. The latter involves excavating at the point of connection to the main and removing
the connection to the main. The owner shall purchase a new tap paying the normal tap
fee, and will pay the actual costs of abandoning the unused connection.
D. Owners are responsible for hooking to the correct tap for that lot, as shown on
the developer’ s as-built plans. If there is a discrepancy between the as-built drawings and
the actual installation on the ground, that discrepancy must be resolved between the lot
owner and the developer. If an owner inadvertently connects to a tap which is designated
for an adjacent lot, then all costs of remediation for all involved lots shall be borne by the
owner of the lot which connected to the incorrect tap. No additional taps shall be made
until the lot which does not have a connection purchases a tap through the city Engineer’ s
office, using the process described in this document.
13. Taps Prohibited on Transmission Mains Force Mains, and on Sewer Pump
Station or Detention Basin Sites. For public health and building safety reasons,
individual user or structure sewer taps shall not be made on transmission mains, defined
as any sewer main 15” and larger, or any pressurized force mains. Dead end main line
extensions off of transmission mains shall only be approved on a case by case basis, and
may be rejected. Individual user sewer taps shall not be made on sewer pump station or
detention basin sites. Taps for lots adjacent to these sites shall only be made on the
collection (as opposed to transmission) mains outside these sites.
14. Control of Extraneous/Illegal Flows. It violates federal, state and local regulations
to have any extraneous flows in the sewer system. These flows include but are not
limited to rain water, ground water, sump pump water, water from area drains exposed to
outside weather ( including external stairwell drains, loading docks, etc.), defective pipe
joints, defective cleanouts, cellar drains, catch basins, foundation drains, yard drains, and
roof down spouts. These flows must be routed to the storm water system, and cannot be
routed to the sewer system. Owners are responsible for maintaining their portion of the
sewer system in such a way that these flows are prevented from entering the sewer
system.
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A. Cleanout caps must be properly installed and must meet current plumbing
codes. Caps shall not be removed to allow extraneous flows ( ponded yard water, etc.)
into the sanitary sewer system.
B. If caps are removed such that they allow extraneous flows to enter the sewer
system, the City shall replace the cap at the owner’ s expense.
C. If the cap is removed after the first time the City replaces the cap, then a riser
will be installed in the cleanout so that extraneous flows cannot enter the sewer system
through the cleanout. All associated work will be billed to the owner.
15. Grease Control. Grease is a significant problem in our sewer system. Many people
assume that running grease down the drain is okay, as long as they use plenty of hot
water. Unfortunately, the hot water cools in the pipes, and the grease coagulates further
down the line. Sometimes people assume that putting grease in the line through the
garbage disposal or with cleansers is acceptable. These do not prevent the grease from
coagulating in the pipes. No amounts of grease, cooking oil, animal fat grease or
byproducts, cooking fats or solid animal fat or meat products can be put down any part of
the sewer system. These materials should be disposed of in the trash. Grease covered
pans or dishes should be wiped down first with a paper towel or rag, which should then
be disposed of in the trash.
16. Items Which Are Allowed To Go Down the Sewer.
A. Water from showers, bath tubs, dishwashers, laundry facilities, sinks and non-
basement floor drains.
B. Body wastes from toilets.
C. Toilet paper.
D. Household chemicals that are specifically designated for use in sinks,
showers, and toilets.
17. Items Which Are Not Allowed To Go Down the Sewer. The following cannot be
placed in a sewer system under any circumstances. Repair costs incurred due to a
blockage caused by any of these items being placed in a sewer line, either intentionally or
unintentionally, will be billed to the customer who owns or resides in the building to
which the sewer line provides service.
A. Grease of any type, to include cooking oil, cooking grease, cooked animal
fats, etc. Grease should be handled as specified above.
B. Meat, meat by products, animal fats.
C. Paper towels.
D. Feminine Hygiene Products, including those that claim to be “ flushable.”
E. Any items greater than ½” in any measured dimension except body wastes and
toilet tissue.
F. Chewing gum.
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G. Household chemicals other than those specifically designated for use in sinks,
showers, and toilets.
H. Baby wipes and other similar wipes, including those that claim to be
flushable.”
I. Kitty litter.
J. Animal wastes.
K. Diapers.
L. Foreign materials such as toys, sticks, cleanout caps, gravel, etc.
M. Air conditioner condensate.
N. Uncontaminated cooling water from cooling towers. If said water is too hot to
be discharged into the storm drain, the owner is responsible to hold the water until it
cools enough to be discharged into the storm drain. Cooling tower water which is
treated, and is thus contaminated, shall be discharged to the sanitary sewer.
O. Clean or uncontaminated natural water to include but are not limited to rain
water, ground water, sump pump water, water from area drains exposed to outside
weather ( including external stairwell drains, loading docks, etc.), defective pipe joints,
defective cleanouts, cellar drains, catch basins, foundation drains, yard drains, and roof
down spouts. These flows must be routed to the storm water system, and cannot be
routed to the sewer system. Owners are responsible for maintaining their portion of the
sewer system in such a way that these flows are prevented from entering the sewer
system.
P. Automobile or engine mechanical lubricant liquids, semi-liquid materials or
solids.
Q. Wastewater having a pH less than 5.0 or more thean 12.5, or otherwise
causing corrosive structural damage to the wastewater collection system, the wastewater
plant or equipment.
R. Wastewater having a temperature greater than 150 degrees Fahrenheit ( 65o C).
S. Pollutants which create a fire or explosive hazard, to include but not limited to
liquids with a closed-cup flashpoint of less than 140 degrees Fahrenheit ( 60o C).
T. Pollutants which result in the presence of toxic gasses, vapors, or fumes within
the collection system or wastewater treatment plant which may cause the potential for
acute worker health and safety problems.
U. Wastewater which imparts color which cannot be removed by the treatment
process, to include but not limited to dye, wastes and vegetable tanning solutions which
consequently impart color to the treatment plant’ s effluent.
V. Any radioactive wastes or isotopes except in compliance with applicable
federal or state regulations and approved by the City.
W. Medical wastes.
18. Access to Easements. The City of Fayetteville is required by federal law to properly
operate and maintain its utilities. Doing this requires periodic work on said utility system
to include but not limited to clearing easements, adjusting manholes to grade, inspecting
manholes and cleanouts, installing and inspecting marking signs, locating lines, testing
lines with dye and smoke, televising lines, washing lines, and more. In order to do this
work, City employees and contractors working for the City are required by law to access
the pipe. This often requires crossing private property to get to our easement. By having
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an easement on a lot, these workers are granted the legal right to cross said lot to get to
the utility easement. Lots containing an easement shall have a double wide gate installed
to allow vehicular access to the main.
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CCIITTYY OOFF FFAAYYEETTTTEEVVIILLLLEE,, AARRKKAANNSSAASS
POLICY AND PROCEDURE
Subject: WATER SERVICE LINE AND CONNECTION POLICY
Policy Number: OP-02
Original Policy Date: June 23, 1988
Effective Date of New/ Revised Policy: August 1, 2005
Revision Dates: July 21, 2005
Custodian: ( Division) WATER AND WASTEWATER
Mayor’s Signature and Date
OP-2.0 PURPOSE:
To establish a uniform policy concerning water service lines and water service
connections.
OP-2.1 POLICY
General. There have been numerous pipe configurations installed underground since the
City of Fayetteville’ s water system was first designed and installed in 1889. This policy
is correct and appropriate for over 99% of the situations found. It does not eliminate
using sound judgment for the remaining 1% of the cases. Judgment calls shall be the
responsibility of the Mayor or his designated representative, who is currently the
Water/ Sewer Maintenance Superintendent. Grandfather clauses do not apply in cases
where public health and safety is compromised, and thus do not apply for water system
issues.
1. Tapping Procedures.
A. Making Taps. The City will make or supervise all taps on existing water
mains, either by City crews making the tap or by contract supervised by the City
Engineering inspectors.
B. When the tap is purchased, the City will provide a wooden stake that is
marked “ water” and with the size of the connection to be made. Please drive this stake in
the ground on the City side of your property line where the center of the meter box is to
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be located. If this is not done, the connection will not be made. Failure to place the stake
promptly could delay your construction process.
C. Double water service connections should be placed at the common property
line for the two addresses being served, when applicable.
D. The meter box will be installed at the existing grade unless otherwise
specified. If special instructions are necessary, please make an appointment with a
Water and Sewer Division service representative and give instructions at that time.
Making a special note and attaching it to the tap paperwork when the tap is purchased
will reduce potential delays for special requirements. The owner is responsible for
knowing the final grade, as required by the owner’ s work or ordinances which govern the
grade for sidewalks and trails, and areas parallel to streets, drainage ways, etc.
E. Meter boxes are generally located on the City side of the property line ( edge of
easement and/or right of way). If you have a special situation, consult with a
Water/ Sewer Department service representative. Deviations are only approved on a case-
by-case basis, and may not be approved. If the Water/Sewer Department feels the meter
box needs to be located at a different location other than where staked, a field
representative will contact the individual who purchased the tap.
F. When locating your meter box, please avoid the following: driveways,
sidewalks, parking lots, enclosed areas, drainage ditches, flower beds, and low areas
where water stands. Meters shall not be installed in or allowed to remain in driveways or
areas where meter readers cannot easily get to the meter box to read the meter. They will
not be installed in locations where the meter box will regularly be filled with ground
water, nor in places where it is difficult for a meter reader to get to the meter to read it.
When driveways are constructed or created with either gravel, asphalt, concrete, or any
other similar material, existing water meters shall be moved out of the driveway area at
the owner’ s expense.
G. The connection to the customer’ s side of the meter is done by the customer’ s
plumber after the meter loop and box is in place. The plumber will tie the yard line to the
service pipe that is stubbed out of the meter box, City crews will not make this
connection. Pressure regulators shall be installed no closer than 5 feet from the water
meter box.
H. Connections are made on a first come first served basis, and could take three
to six weeks or more to be installed, depending on workload. In cases of connections in
or adjacent to Arkansas State Highways or railroads, a permit must first be obtained
which often takes up to an additional six weeks. This will greatly lengthen the tap
process.
I. City water connections shall be made at least ten (10) feet away from sewer
connections. The City portion of the water service shall have ten ( 10) feet of separation
from the sewer service, measured from the outside of the respective pipes.
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J. Connections shall not be made in circumstances where they will degrade the
operating pressure or flow available to existing domestic or building water meters. In
these cases, the owners requiring the connection shall be responsible for increasing the
capacity on the City’ s water distribution system such that the required capacity is
available.
2. Water Meter Adjustments. If City crews have to return to the site to make any
adjustments on the meter box which are necessitated because of the property owner’ s
change of plans, such as landscaping, driveway location, grade, etc., all labor, materials
and equipment costs shall be charged to the owner. This also applies to meters which are
installed by a developer when a development is first constructed and to preexisting
meters.
3. Service Line Depth. A water service line must have at least 24" of ground cover to
prevent freezing. If the grade is changed such that the service line does not have
sufficient cover, the service line must be lowered so that it does have sufficient cover.
The labor, materials and equipment costs will be charged to the owner.
4. Access to and Visibility of Water Meters.
A. Brush, landscaping or other items which cause the meter box to be difficult to
see from the right-of-way or easement, or which causes difficulty for meter readers to get
to the box, shall be removed at the owner’ s expense. This includes plants, decorative
landscaping, retaining walls, private side walks, stairs, decks, large decorative rocks,
concrete statues, and other similar items. These shall not be placed over the City’s
portion of the service line or within two feet of the box on the customer’ s side of the box,
three feet of the box parallel to the edge of the right of way or easement, or at all on the
City’ s side of the right of way or easement.
B. Meters shall be accessible without going through fences or gates except in
special circumstances.
C. Meters shall be placed on the City side of any private retaining walls of any
type, including those constructed immediately beside the sidewalk. The City portion of
the service line shall not go under any type of private wall or other structure.
5. Owner Responsibility. The owner is responsible for the service line from the outside
edge of the meter box to the home. This includes the point where the plumber hooks up
to the tail piece which comes out of the meter loop, and any pressure regulator or other
hardware installed on the owner’ s side of the meter box.
6. Irrigation Taps. The City reserves the right to refuse to make irrigation taps, if said
tap has the potential to degrade the operating pressure or flow available to domestic or
building water meters. In general, irrigation taps shall not be made on mains which are
3” or smaller. Irrigation meters and irrigation systems shall not be installed on double
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meters servicing another residence, as this can degrade the other residence’ s water
pressure. The City must maintain positive control over the amount of flow on marginal
irrigation installations, The City shall not rely on verbal or written commitments from
the owner, as owners change and companies and individuals operating and maintaining
irrigation systems can not be reasonably expected to pass information regarding agreed
upon flow restrictions through the life of the irrigation system. Flow tests shall not be
used to change this policy, as the water line flow will gradually degrade with time and
with peak usage, and the flow test represents only the best case situation.
7. Two Inch Taps. Two inch taps shall not be made on any mains 3” or smaller. If a
customer requires a two inch ( 2”) tap and if said tap has the potential to degrade the
operating pressure or flow available to other domestic or business meters, then the
customer, at his expense, shall be responsible to reinforce the water distribution system
such that the point demand from the two inch meter shall not degrade the operating
pressure or flow available to other domestic or business meters.
8. Sewer Service Required. Water services can not be installed until after the lot has
legal, approved and installed access to public sewer or an a septic system approved by the
Arkansas Department of Health.
9. Relocating Existing Meters. Meters are typically located on the City side of the
easement or right of way. In the past, some meter boxes were placed further in the
property than the easement or right of way. These meters shall be moved to the property
line at such time as the City side of the meter loop needs work or needs to be replaced.
The existing yard line will remain in service as long as it meets the current plumbing
codes and has had no documented problems. The new meter location will conform to this
policy. Meters shall be placed on the City side of any private retaining walls of any type,
including those constructed immediately beside the sidewalk. The City portion of the
service line shall not go under any type of private wall, sign, or other structure. Meters
shall not be allowed to remain in a driveway.
10. Site Restoration. In the event maintenance work is required on a service line, meter,
or meter box, the site restoration will match that done for main line repairs. The utility
shall repair only the following in an easement area or within two feet of the meter box:
grass, asphalt, normal ( standard) concrete, irrigation systems which are damaged, mail
boxes which are damaged, and/or private wiring (such as for on-premises lighting, etc.)
which is damaged. The City shall not pay for relocation, repair, or damage caused to any
landscaping, unusual concrete, plants, planters, playground equipment, decorative rock,
rip rap, and other items placed on the easement or within two feet of the meter box. The
latter items can be removed by the City, at the owner’ s expense, if their movement is
required to make a repair.
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11. Water Service Line Location.
A. Crossing Public Easements or Rights of Way. The customer’ s portion of a
water service line shall not be installed in a public easement or right of way, except for
the last two feet required to access the meter box.
B. Service Line Crossing Adjacent Lots. Water service lines must run directly
from the lot which they serve to the main without crossing another lot. The service may
cross street right of way and/ or the easement to access the main. It may not run parallel
to the main, but can run at an angle between 45o to and perpendicular to the main.
Ownership is not the deciding factor; lot lines and separate property parcels are the
deciding factor. Thus, if one owner owns two adjacent lots, and builds on one lot, the
service for this structure and lot cannot cross the other lot.
12. Water Mains Accessing Every Lot. Water distribution mains shall be installed so
as to adjoin each lot such that all service lines meet the above requirements. Installing
and paying for water main extensions is the responsibility of the owner of the lot
receiving the service.
13. More Than One Water Main Available. In cases where more than one water main
is available to a given lot, the City reserves the right to decide which main may be used to
provide service to that lot. This is required in cases where some mains are on different
pressure planes, where some lines have a longer life expectancy than others, etc.
14. Water Easements for Private Lines. Water line easements for private lines to
cross adjacent lots are prohibited except in very rare cases. In general, these are when a
given for private residence tandem lot containing only one structure which requires water
service, wherein the lot is “ landlocked” from a water main, all adjacent lots have legal
access to a main, and the water line easement is collocated with an above ground access
easement. Private easements shall not be used in cases where water main extensions are
in the public best interest, such as where a water line shall be made accessible to other
lots, where a future main may be required, where a water main loop is desirable to
provide better public service, or where fire protection is required.
15. Use of old building water service lines with new or renovated buildings. Old
building water service lines may be used in connection with new buildings only when
they are found on examination and test by the approving authority to meet all current
plumbing requirements.
Complete remodeling is included in the definition of “new building” if the remainder of
the plumbing system is being replaced and must meet current plumbing codes, or if the
value of the renovation is equal or grater than 50% of the value of the structure.
The cost of this examination and test is borne by the Owner. In these cases, a new tap
should be purchased, with a note that the Owner would like to use the existing service
line. If the latter is determined to be acceptable, then the Owner will be reimbursed the
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tapping fee less the actual cost of the inspection and testing. It is the owner’ s
responsibility to identify the location of the service line.
16. Taps Prohibited on Transmission Mains and on Water Tank or Pump Station
Sites. Individual user water taps shall not be made on transmission mains, defined as any
water main 16” and larger. Main line extensions off of transmission mains shall only be
approved on a case by case basis, and may be rejected. Individual user water taps shall
not be made on water tank or pump station sites. Taps for lots adjacent to these sites shall
only be made on the distribution ( as opposed to transmission) mains outside these sites.
17. Water Pressure Provided.
A. The City shall provide normal operating water pressure of at least 25 pounds
per square inch (psi) at the City’s side of the meter loop. The City does not guarantee
this water pressure at all times, as the pressure will occasionally be lowered or the mains
may have to be turned off for scheduled and unscheduled maintenance. It is possible that
some customers at some locations shall need a pump on their side of the meter to provide
the pressure desire for their water use. These pump systems cannot have such capacity
that they reduce pressure on the City’ s main such that degrade the operating pressure or
flow available to existing customers.
B. Taps shall not be made for locations where there is not a reasonable
expectation of the City being able to provide 25 psi operating pressure at the City’ s side
of the meter under summer high flow operating conditions.
C. The water pressure at the City’s side of the meter may exceed that for which
domestic plumbing is designed. If the pressure at the City’ s side of the meter exceeds 70
psi, the owner is required to install a pressure regulator on his system on his side of the
meter. The pressure regulator is the owner’ s property and responsibility.
18. Access to Easements. The City of Fayetteville is required by federal law to properly
operate and maintain its utilities. Doing this requires periodic work on said utility system
to include but not limited to clearing easements, checking valve boxes, raising, exercising
and operating valves, installing and inspecting marking signs, locating lines and more. In
order to do this work, City employees and contractors working for the City are required
by law to access the pipe. This often requires crossing private property to get to our
easement. By having an easement on a lot, these workers are granted the legal right to
cross said lot to get to the utility easement. Lots containing an easement shall have a gate
installed to allow vehicular access to the main.
Page 1 of 1
SPECIAL PROVISION # 1
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
COORDINATION OF WORK
ARDOT STANDARD SPECIFICATIONS
DESCRIPTION: This item shall consist of specifications relative to the coordination of work
during construction operations at the beginning, and/or intermediate points, and/or end of
contracts or jobs and shall be supplementary to Section 105, Control of Work, of the Standard
Specifications, Edition of 2014.
Coordination of work will be necessary with the Contractor( s) for jobs listed below and with any
other contractors that may have active jobs adjacent to this project during the construction
period.
1. Franchise Utility Relocations
a. Black Hills Energy
b. AT&T
c. Cox Communications
d. Ritter Communications
e. Ozarks Electric
f. University of Arkansas Fiber
CONSTRUCTION: Contractor shall perform construction activities and schedule operations
such that work on the project will progress in an expeditious manner.
The Contractor shall furnish the Engineer and Owner a schedule of proposed work, including
anticipated dates and milestones for various construction activities on each construction
package and each stage of the project. Contractor shall inform Engineer and Owner of any
schedule delays or impacts that might affect project completion.
Package 1 – Hemlock construction shall occur first, with substantial completion being achieved
prior to the start of Package 2 – Millsap.
Specific items that will require coordination include, but may not be limited to, the following:
Coordination with franchise utilities and their contractors for any relocation efforts
associated with ARDOT Job. No. 040943.
During Stage 1 construction of Package 2, AT&T will be on site to relocate and lower of
a portion of existing fiber duct bank that crosses Millsap, east of College Avenue. The
total duration of this work is anticipated to be one week. Contractor shall coordinate with
AT&T and their utility subcontractor for scheduling of this work in conjunction with
excavating road subgrade, relocation of watermain, and installation of new storm
drainage pipe.
Page 1 of 1
SPECIAL PROVISION # 2
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
TRENCH AND EXCAVATION SAFETY SYSTEMS
ARDOT STANDARD SPECIFICATIONS
DESCRIPTION: This item covers trench and excavation safety systems required for
constructing improvements that necessitate open excavation on the project. All work under this
item shall be in accordance with the current edition of the “ Occupational Safety and Health
Administration Standard for Excavation and Trenched Safety System, 29 CFR 1926, Subpart
P”, a copy of which may be purchased from the Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C. 20402.
NOTIFICATIONS REQUIRED: The contractor, prior to beginning any excavation, shall notify
the State Department of Labor ( Safety Division) that work commencing on a project with
excavations greater than five feet.
The Contractor shall notify all Utility Companies and Owners in accordance with OSHA
Administration 29 CFR 1926.651(b)(2) for the purpose of locating utilities and underground
installations.
EXISTING STRUCTURES AND UTILTIES: Where the trench or excavation endangers the
stability of a building, wall, street, highway, utilities, or other installation, the Contractor shall
provide support systems such as shoring, bracing, or underpinning to ensure the stability of
such structure or utility.
METHOD OF MEASUREMENT: After award of the contract, the Contractor shall submit to the
Engineer/ City Engineer a breakdown of costs for work involved in the lump sum price bid for
Trench and Excavation Safety Systems” and shall, with each periodic payment request, submit
a certification by the contractor’ s “competent person” as defined in Subpart P 1926.650(b) that
the contractor has compiled with the provisions of “ Occupational Safety and Health
Administration Standard for Excavation and Trenched Safety System, 29 CFR 1926, Subpart P”
for work which payment is requested.
BASIS OF PAYMENT: The work required by this item will be paid for at the lump sum price for
Trench and Excavation Safety Systems”.
Payment will be made under:
Pay Item Pay Unit
Trench and Excavation Safety Systems LS
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SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
National Pollution Discharge Elimination System
General Permit # ARR150000
Prepared for:
ARKANSAS DEPARTMENT OF TRANSPORTATION
Date: December 2025
GENERAL INFORMATION:
A Storm Water Pollution Prevention Plan (SWPPP) has been developed by the ARDOT for this
construction project in accordance with good engineering practice. Various items constitute the
SWPPP for the project and should be provided for persons requesting to view the SWPPP,
including:
a) The ARDOT Standard Specifications for Highway Construction, 2014 Edition, ( Standard
Specifications). The following sections are in reference to water quality or sediment and
erosion control: Sections 107, 110, 620, 621, 622, 623, 624, 626, and other sections
pertaining to storm water controls.
b) The Construction Plans contain temporary and permanent erosion controls and
permanent storm water management measures.
c) Contract documents provide the Contractor and ARDOT with additional specifications.
These may include Supplemental Specifications and Special Provisions. Parts of the
SWPPP that may be in the Contract include this Special Provision, Storm Water
Pollution Prevention Plan.
d) Project records including SWPPP inspection reports, the authorized Site Manager daily
work report, and various pay quantity documentation, all of which detail the progression
of work on the project, when erosion control measures were taken, when the Contractor
was given instructions to install or maintain the erosion and sediment control ( E&SC)
items, and the timing and details of E&SC installation. The Contractor identification form
and the Inspector identification form are included as part of the project records.
e) Construction site posting.
i. For large construction sites ( all sites five acres or above) – The first page of the
e-Portal ADEQ Notice of Intent ( NOI) submission, if ten business days have passed
since the NOI was deemed complete, to be replaced by the completed Arkansas
Department of Environmental Quality ( ADEQ) Authorization Letter to Discharge
Storm Water when it is sent by ADEQ.
ii. For small construction sites under five acres ( automatic coverage sites) -the
completed ADEQ Notice of Coverage for small sites from the ADEQ website.
PROJECT NAME AND LOCATION:
Millsap / College Intersection Improvement Project
Package 1 – Hemlock
Package 2 – Millsap
ArDOT Job No. 040943
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SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
OPERATOR NAME AND ADDRESS:
City of Fayetteville, Arkansas
Name of Engineer Burns & McDonnell Engineering Company, Inc.
Address of Engineer
6576 Lynch’ s Prairie Cove, Suite B, Springdale, Arkansas 72762
Name of Resident Engineer ( Contact Person) William Pattengill, P.E.
Contact Number 479-936-1833
A. Site Description
1) Pre-construction Topographic view: Refer to the plan and profile sheets for topographic
and waterbody information.
2) Project Description and Intended Use after Notice of Termination ( NOT) is filed:
Package 1 – Hemlock is a new street extension to connect Hemlock Avenue between
Sain Street and Millsap Road. This part of the project will include approximately 750
linear feet of new 2-lane road with curb and gutter on each side, and sidewalk on one
side.
Package 2 – Millsap includes widening of Millsap Road to accommodate new turning
lanes, as well as new sidewalks and crosswalks. This part of the project will extend
approximately 350 linear feet east and west of College Avenue.
3) Sequence of Activities:
The sequence of Major Soil Disturbing Activities is shown below. Be aware that the
sequence below is provided as a general course of action for the progression of
construction activities. Actual sequence of construction will be determined by the
Contractor’s schedule and field conditions.
a. Installation of stormwater pollution prevention and erosion control measures for
Construction of Package 1 -Hemlock.
b. Construction of Package 1 – Hemlock to provide a new connection between Sain
Street and Millsap. This is necessary to provide an alternate route before starting
construction at the main intersection.
c Installation of stormwater pollution prevention and erosion control measures for
Construction of Package 2 -Millsap
d. Package 2 – Millsap, Stage 1: Includes constructing the portions of the project east
of College Avenue, and the northern portion of the project on the west side of
College Avenue.
e Package 2 – Millsap, Stage 2: Includes shifting traffic and constructing the middle
section of the road improvements on the west side of College Avenue.
f. Package 2 – Millsap, Stage 3: Includes shifting traffic and constructing the southern
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SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
section of the road improvements on the west side of College Avenue.
4) Total Acres Available: 2.29 Total Disturbed Area: 2.29
Note: Any off-site borrow or waste areas are operated by the Contractor, who is
responsible for obtaining any required NPDES permits for the sites. The “ total acres
available” and “ total disturbed areas” shown here do not include areas covered under
permits obtained by another operator. The Contractor is also responsible for meeting local
regulations regarding these sites, including those of a Qualifying Local Program).
5) Existing Site Information:
a. Runoff Coefficient Based on attachment C:
Before construction starts, the site has a runoff coefficient of 0.80
After construction is completed, the site will have a runoff coefficient of 0.85
b. Soil Information Captina silt loam, Clarksville extremely gravelly silt loam, Nixa
very gravelly silt loam
B. Responsible Parties-General Contractors, Inspectors, etc:
Refer to Contractor identification form in Section Q and the Inspector identification form in
Section R. This information will be completed after the Pre-construction conference.
C. Receiving Waters: ( Permit Pg. 3 of Part II)
1) Location of Surface Water on Construction Site:
The following surface waters are located on the construction site. List them by name
with Station Numbers.
a. NA
b.
c.
2) The following bodies of water receive runoff from the construction site:
Name of Operator of Municipal Storm Sewer and/or Receiving Stream:
City of Fayetteville
Narrative Description of Nearest Water: Mud Creek is located approximately 1,000 feet
downstream from Package 1 – Hemlock. Mud
Creek is located approximately 3,400 feet
downstream from Package 2 – Millsap.
Name of Ultimate Receiving Water: Clear Creek / Illinois River / Arkansas River
Waterbodies that would require the fifty ( 50) foot buffer zone are Extraordinary Resource
Waters ( ERW), Ecologically Sensitive Waterbodies ( ESW), Natural and Scenic Waterways
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SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
NSW), waterbodies with approved TMDLs, waterbodies on the 303(d) list, and/or other uses
at the discretion of the Director of ADEQ.
Above categorized waterbodies, if any on project, list both waterbody and qualifier:
None located on the project.
D. TMDL and 303(d) list can be found at:
http://www.adeq.state.ar.us/water/planning/ integrated/)
1) 303(d) Listed Waters -Select the following appropriate statement utilizing information
received from the Environmental Division.
Statement 1:
X Storm water discharges from this site do not enter a waterbody on the list of waters
impaired for turbidity or other pollutant which could be impacted by roadway
construction on the 303(d) list.
Statement 2:
Storm water discharges from this construction site enter a waterbody on the list of
impaired waterbodies ( 303d list) for turbidity and/or other pollutant. The SWPPP
has been developed with BMPs which are designed to minimize the discharge of
these pollutants to the maximum extent practicable. Condition of sediment control
BMPs will be monitored during regular inspections to ensure this goal is met.
2) TMDL Waters -Select the following appropriate statement utilizing information received
from the Environmental Division.
Statement 1:
X Storm water discharges from this site do not enter a waterbody with an approved
TMDL for turbidity or other pollutant which could be impacted by roadway
construction.
Statement 2:
Storm water discharges from this construction site enter a waterbody with an
established TMDL allocation for turbidity and/or other pollutant. A TMDL has been
written for the waterbody that is applicable to the construction project. The
following information documents the construction projects compliance with the
TMDL:
1.) List TMDL assumptions and allocations:
2.) List measures taken to ensure that the discharge of pollutants from the site
is consistent with the assumptions and allocations of the TMDL.
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SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
E. Attainment of Water Quality Standards after Authorization: (Permit Pg. 4 of Part II)
BMPs have been selected and will be installed and maintained at the construction site that will
minimize the discharge of pollutants as necessary to meet applicable water quality standards.
F. Site Map: See Attachment A for items to be included. All of these items should be marked
on the job plans maintained for the SWPPP.
G. Storm Water Controls
1. Initial Site Stabilization, Erosion, & Sediment Controls: ( Permit Pg. 5 of Part II)
Complete descriptions and specifications for control measures may be found in the
ARDOT’ s Standard Specifications for Highway Construction, Supplemental Specifications,
Special Provisions, Construction Contract, and Construction Plans. All controls are
designed and installed with the primary goal of retaining sediment on site to the
maximum extent practicable.
Insert a description below of the construction activities that are a part of the initial
site disturbance and stabilization, along with the appropriate controls measures and
time of installation for that activity. This information should be provided by the
Contractor at the Pre-construction meeting.
Be aware that the list is general. Actual timing of erosion control installations will be
determined daily based upon the construction activity occurring and actual field conditions.
Construction Activity/ Control/ Timing)
Installation of stormwater pollution prevention and erosion control measures for
Construction of Package 1 -Hemlock.
Construction of Package 1 – Hemlock to provide a new connection between Sain Street
and Millsap. This is necessary to provide an alternate route before starting construction
at the main intersection.
Installation of stormwater pollution prevention and erosion control measures for
Construction of Package 2 -Millsap
Package 2 – Millsap, Stage 1: Includes constructing the portions of the project east of
College Avenue, and the northern portion of the project on the west side of College
Avenue.
Package 2 – Millsap, Stage 2: Includes shifting traffic and constructing the middle
section of the road improvements on the west side of College Avenue.
Package 2 – Millsap, Stage 3: Includes shifting traffic and constructing the southern
section of the road improvements on the west side of College Avenue.
2. Stabilization Practices: ( Permit Pg. 5 of Part II)
List of Stabilization Practices to be utilized and scheduling of implementation for that practice:
X Dust control -wet down dusty areas as needed/ ongoing
Erosion control matting -
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SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
Geotextiles -
X Limiting disturbed area -will be limited by Engineer as discussed in Subsection
110.05(d) of Standard Specifications/ ongoing
Mulches -
Mulch control netting -
X Off-site tracking controls ( Either stabilized exits and/or wheel washing)*
X Preserving existing vegetation -as shown on the job plans/ ongoing
X Sod stabilization -All disturbed areas are planned to be sodded upon completion
of grading activities.
X Temporary and permanent seeding -will be initiated within 14 days of
temporarily ceasing construction activity on a portion of the site or immediately
initiated where construction activities have permanently ceased.
Natural buffer zone – ( Will be established along waterbodies with at least 25 feet
for any unnamed streams, creeks, rivers, lakes, or other waterbodies and at least
50 feet for an established TMDL waterbody, streams listed on the 303d list, an ERW,
ESW, NSW, and any others at the discretion of the Director of ADEQ.
If encroachment is necessary within these required buffer zones, briefly describe the
reason why.)
When encroachment occurs, additional measures will be taken to protect the
waterbody, and the contractor will be required to stabilize the disturbed area
within the buffer zone within 5 business days of completion of work.
Slope Tracking -
Other -
Stabilized exits will use either suitable sized rock as directed by the Engineer or manufactured
devices designed to minimize the amount of soil being tracked off-site.
3. Structural Practices: ( Permit Pg. 6 of Part II)
List of Structural Practices to be utilized and scheduling of implementation for that practice:
Sediment basins* ( to be utilized whenever 10 or more acres drain from common
drainage locations on the site based upon 3600 cubic feet per acre or sized based
on the runoff volume of a 10 year, 24 hours storm, unless not attainable. If not
attainable, briefly describe reason( s) that a basin was not used)
X Curb & gutter -as shown on the job plans
X Ditch checks** -as shown on the job plans or directed by Engineer
X Diversion ditches -as shown on the job plans or directed by Engineer
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SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
X Drainage swales -as shown on the job plans or directed by Engineer
X Drop inlet silt fences -as shown on the job plans or directed by Engineer
Erosion Control Matting -
Gabions -
X Inlet & outlet protection -as shown on the job plans or directed by Engineer
X Silt fences -as shown on the job plans or directed by Engineer
Slope drains -
X Storm sewer -as shown on the job plans
Retaining walls -
X Temporary Silt Dikes -as shown on the job plans or directed by Engineer
X Wattles/ Sediment Logs -as shown on the job plans or directed by Engineer
X Filter Socks -as shown on the job plans or directed by Engineer
Other -
Sediment will be removed from basins when design capacity is reduced by 50%. In addition,
when a sediment basin is utilized per permit requirements, the procedures for the removal of a
sediment basin can be found in the Standard Specifications Subsection 621.03.
Hay/Straw bales will not be used in areas of concentrated flow.
H. Other Controls: In addition to erosion control and storm water management, our plan will
include measures to properly manage solid wastes, hazardous wastes, dust generation, and
all other activities that will generate wastes during the construction phase. ( Permit Pg. 7 of Part
II)
1) Solid material control, debris, and wastes:
All solid materials discharged to waters of the United States shall be in accordance with
Section 110 of the Standard Specifications, the applicable Section 404 Special
Provisions in the Job Contract, the plans, and as authorized by a USA Corps of
Engineers Section 404 Permit. Litter and construction debris will be prevented from
becoming a pollutant source for storm water discharges. Any debris which inadvertently
enters a water of the state will be removed daily.
2) Offsite vehicle tracking:
Each vehicle exit from the construction site must either be stabilized or use wheel
washing to prevent the tracking of material onto the public roadway. ( If sediment
escapes the construction site through tracking, it will be removed by sweeping
frequently enough to minimize off-site impacts to waterbodies.)
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SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
3) Temporary sanitary facilities:
Facilities will be provided and properly maintained by the Contractor in accordance with
Subsection 107.06 of the Standard Specifications.
4) Concrete waste area:
Designated concrete washout waste area(s) will be established and utilized to prevent
liquid concrete waste from being discharged to a water of the state.
5) Fuel storage, hazardous materials, and truck washing areas:
The following is a list of materials which could be potential sources of pollution in storm
water runoff: asphalt materials, concrete, cement, concrete wash water, paint, solvents,
petroleum products, fertilizers, concrete curing compound, lime, linseed oil, asphalt
additives, concrete additives, and sewage. Handling of the above materials or other
potential pollutants shall be in accordance with Subsection 110.06, Pollutants, of the
Standard Specifications.
I. Non-Storm Water Discharges: (Permit Pg. 11-12 of Part I)
List of Anticipated Allowable Non-Storm Water Discharges*:
1) Water used to wash vehicles ( where detergents or other chemicals are not used) or
control dust in accordance with Part II.A.4.H.2
2) Landscape Irrigation
3) Pavement wash waters where spills or leaks of toxic or hazardous material have not
occurred ( unless all spilled material have been removed) and where detergents or
other chemicals are not used.
4) Uncontaminated springs, excavation dewatering, and groundwater ( Part I.B.13.C).
If dewatering is necessary and turbidity exists, the discharge will be managed with
appropriate devices such as a sediment bag or basin prior to discharge.
Other Allowable Non-Storm Water Discharges are listed in the Permit Part I.B.10, but there
is no reasonable anticipation of these discharges at this time.
J. Post-Construction Storm Water Management: ( Permit Pg. 7 of Part II)
Permanent Storm Water Management -List of devices to be utilized for storm water
infiltration and management:
Channel linings X Concrete ditch paving
X Culverts X Curb and gutter
Detention basins X Drop inlets
Dumped riprap Floodgates
Gabions X Grassed swale
X Inlet & outlet protection Permanent seeding
Retention pond X Riprap
X Solid sodding X Storm sewer
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SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
X Topsoil replacement Underdrains
X Velocity dissipators Wetland creation
Other-list
Velocity dissipation devices:
Concrete spillways Grouted riprap
Permanent seeding & mulch Underdrains
X Solid sodding X Concrete ditch paving
Dumped riprap Detention basins
X Velocity dissipators Wetland infiltration
X Other-list Scour Mat
K. State or Local Programs: (Permit Pg. 8 of Part II)
The Arkansas State Highway Commission and the Arkansas Department of Transportation
have the exclusive authority over the state highway system ( See Ark. Code Ann. § 27-67-
101, et al), therefore no local agencies would have authority or jurisdiction over the lands
owned, controlled, and maintained by the ARDOT. The ARDOT will make every effort to
address any concerns of local entities concerning storm water discharges from the state
highway right of way.
This authority does not extend to the Contractor’ s off-site operations. The Contractor is
responsible for complying with all State and Local Programs in accordance with Subsection
107.01 of the Standard Specifications.
L. Inspections: ( Permit Pg. 8 of Part II)
Inspections will be conducted by a qualified inspector at the following frequency:
X Every 7 days or
Every 14 Days and within 24 hours after a ¼ inch or greater rainfall event.
A report of the inspection will summarize the scope of the inspection, the name of the
inspector, the date of inspection, and any damages observed and repairs made to any
control measure. Completed inspection forms will be kept with the SWPPP.
The following are the minimum inspection, maintenance, and reporting practices that
will be used to maintain erosion and sediment controls at the construction site:
1. Inspection form ( Attachment B).
2. All erosion and sediment control measures will be maintained in good working order. If
repair is necessary, it will be completed within three (3) business days of discovery.
3. All controls will be inspected to ensure that they meet the manufacturer’ s specifications.
4. Controls will be replaced or modified if periodic inspections reveal the device is not
performing as intended.
5. Approximate times of beginning and duration of storm events.
6. Sediment basins and sediment traps will be cleaned out when they reach 50% of the
original capacity.
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SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
7. A description of any discharges during inspections.
8. Inspections are not required if snow cover exists over the entire site for an extended
period of time. If there is any runoff from the site at any time during snow cover, melting
conditions would be considered to be existent at the site then inspections would need
to be resumed.
9. All site entrances and exits will be checked to ensure no off-site tracking.
10. All components of the SWPPP and inspection reports will be maintained for a minimum
of 3 years after permit termination.
11. In addition to inspection, records will be kept of the following:
a. Dates when major grading activities occur,
b. Dates when construction activities cease in an area, temporarily or permanently,
c. Dates when an area is stabilized, temporarily or permanently.
M. Maintenance: All erosion and sediment control measures will be maintained in good
working order. If a repair is necessary, it will be completed within three (3) business days of
discovery. ( Permit Pg. 9 of Part II)
However, if conditions do not permit large equipment to be used, a longer time frame is allowed
if the condition is thoroughly documented on the inspection form as stated in the Permit Part
II.4.M.
N. Adverse Weather Conditions: Adverse conditions are those that are dangerous or create
inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or
situations that otherwise make inspections impractical, such as extended frozen conditions.
When adverse weather conditions prevent the inspection of the site, an inspection should be
completed as soon as safe and feasible. If adverse weather conditions prevent compliance
with the permit, documentation of the beginning and ending date of adverse weather condition
should be included. This information will be documented in the Site Manager Program job
records.
O. Endangered Species: Endangered species clearance is obtained during the National
Environmental Policy Act ( NEPA) process for all ARDOT projects and is conducted in
accordance with Section 7 of the Endangered Species Act. Further information about this
process can be obtained by contacting the ARDOT Environmental Division at (501) 569-2522,
or the U.S. Fish and Wildlife Service at (501) 513-4489.
P. Employee Training: ARDOT employees who perform inspections have received formal
training in NPDES Storm Water requirements and SWPPP implementation. Training records
will be available electronically or will be maintained with the SWPPP after the project
commences.
11-28-2011 Rev. 06-05-2014 Rev. 08-15-2016 Rev. 12-08-2016 Rev. 12-06-2018 Rev. Page 11 of 13
02-27-2014 Rev. 02-11-2016 Rev. 11-03-2016 Rev. 11-16-2017 Rev. 05-18-2020 Rev.
SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
Contractors: (Permit Pg. 3 of Part II)
All contractors should be identified in the plan. ( a page should be included for each
subcontractor).
THE CERTIFICATION BELOW SHALL BE COMPLETED AND INCLUDED IN EACH
SUBCONTRACT. Copies of these certifications must be inserted at this location.
The Contractor/ Subcontractor indicated below shall have responsibility for implementation of
the pay items as listed below.
Item Item
All Contractors operating on the site shall have the responsibility for compliance with Section
110 of the Standard Specifications for their operations, including, but not limited to: Good
housekeeping practices, spill prevention, spill reporting and clean-up, and product specific
practices
SWPPP.
such as limiting the discharge of concrete waste water to areas specified in the
Contractor Printed
Name:
Signature: Title:
Company Name: Date:
Company
Address:
Telephone Number: ARDOT Job Number: 040943
11-28-2011 Rev. 06-05-2014 Rev. 08-15-2016 Rev. 12-08-2016 Rev. 12-06-2018 Rev. Page 12 of 13
02-27-2014 Rev. 02-11-2016 Rev. 11-03-2016 Rev. 11-16-2017 Rev. 05-18-2020 Rev.
SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
Q. Inspectors: (Permit Pg. 3 of Part II)
Site inspectors should be identified in the plan.
ARDOT inspectors performing the erosion and sediment control inspection must complete the
information below.
Printed Name of
Signature Contact Number Date
ARDOT Inspector
11-28-2011 Rev. 06-05-2014 Rev. 08-15-2016 Rev. 12-08-2016 Rev. 12-06-2018 Rev. Page 13 of 13
02-27-2014 Rev. 02-11-2016 Rev. 11-03-2016 Rev. 11-16-2017 Rev. 05-18-2020 Rev.
SPECIAL PROVISION # 3
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STORM WATER POLLUTION PREVENTION PLAN
ARDOT STANDARD SPECIFICATIONS
R. Plan Certification: (Permit Pg. 9 of Part II) ( To be completed by a duly authorized
representative or the cognizant official.)
I certify under penalty of law that this document and all attachments such as Inspection Form
were prepared under my direction or supervision in accordance with a system designed to
assure that qualified personnel properly gather and evaluate the information submitted. Based
on my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.”
Note: For this permit only, “ this document” refers to the Storm Water Pollution Prevention Plan,
attachments” refers to the site map and inspection forms, and “ system” is referencing the
project site.
Printed Name: Jonathan Ely
Printed Title: Project Manager
Signature:
Date:
Page 1 of 2
SPECIAL PROVISION # 4
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
MAINTENANCE OF TRAFFIC
ARDOT STANDARD SPECIFICATIONS
Section 603 Maintenance of Traffic of the Standard Specifications, Edition of 2014, is hereby
expanded as follows:
The Contractor shall provide additional traffic control through the project as defined below, in
order to provide a safe and convenient traffic flow at all times throughout the limits of each work
zone and the approaches thereto.
The Contractor shall assume full responsibility for the safe and efficient movement of traffic
through the construction area for the duration of the project. Prior approval by the Engineer shall
be required for any alterations of traffic patterns shown on the plans.
All traffic control devices shall be in accordance with the details shown in the plans or on Standard
Drawings TC-1, TC-2, TC-3, TC-4, and TC-5. The Contractor will be responsible for furnishing,
placing, maintaining, relocating, and subsequent removal of all traffic control devices within the
limits of the project.
The Contractor shall notify the Engineer a minimum of 5 full business days prior to closing a lane.
If the Contractor fails to give the proper notification, the lane closure will not be allowed until 5 full
business days after the notification was given.
The Contractor shall not close any portion of a lane unless active work will begin immediately. In
addition, when gainful work is not being accomplished in an area where a lane has been
previously closed, steps shall be taken to return traffic to normal conditions -that is, all lanes open
to traffic in each direction within 72 hours after construction operations have ceased. All additional
labor, materials, and incidentals needed to return the traffic to normal conditions shall be provided,
maintained, removed, and replaced, if necessary, at no cost to the City.
The Contractor shall schedule his work so that no main lane closures exist and no work requiring
main lane closures will be performed for the time period of the day before the Holiday through the
day after the Holiday for the following Legal Holidays:
New Year’s Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day & the Following Day
Christmas Eve & Christmas Day
Other local events such as Sporting Events, Fairs, Carnivals, to be determined by
the Owner.
If the Legal Holiday is immediately prior to a weekend or immediately following a weekend, the
weekend will be considered a part of the Holiday.
Special events or occurrences could cause traffic to become congested. When this occurs, the
Contractor shall immediately modify the work schedule, working methods, or procedures to lessen
the impact of the work on traffic or as directed by the Engineer.
Page 2 of 2
SPECIAL PROVISION # 4
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
MAINTENANCE OF TRAFFIC
ARDOT STANDARD SPECIFICATIONS
The Contractor will regulate the access of work vehicles and equipment to the work area while
insuring safety to the traveling public and minimum damage to highway facilities. Any damage to
the highway facility or vegetation caused by the Contractor shall be repaired at no cost to the
Department. Unless operating within the area closed to traffic, the Contractor’ s work vehicles
shall travel in the direction of the normal traffic flow. Only those vehicles necessary for the work
shall be allowed in the work zone. All other vehicles shall be parked at a safe location outside
the work zone, as approved by the Engineer.
General equipment storage areas or operations centers will be allowed within the limits of the
right of way only where permitted by the Engineer. At the end of the work day, equipment shall
be either shielded from traffic by an approved positive barrier or placed so it is not within 15 feet
of any lane carrying traffic.
The Contractor shall conduct his operations so that no equipment or personnel shall occupy any
portion of the roadway that remains designated for the passage of traffic.
METHOD OF MEASUREMENT: Maintenance of Traffic will be measured by the lump sum and
shall include traffic control supervision, construction and removal of temporary improvements,
and installation, maintenance, and removal of temporary traffic control devices required to
complete the work.
BASIS OF PAYMENT: Work completed and accepted under the item Maintenance of Traffic and
measured as provided above will be paid for at the contract lump sum price bid for Maintenance
of Traffic, which price shall be for full compensation for furnishing, placing, maintaining and
removing traffic control devices; for ordinary maintenance of existing roads and culverts; for the
application of water and other approved materials to alleviate dust conditions; for furnishing
flaggers, pilot vehicles, and sentinels, as necessary; for furnishing, installing, maintaining,
replacing, and removing all traffic control devices; for maintaining a smooth and stable
passageway; for maintaining and re-erecting all existing street signs; and for all materials, labor
equipment, tools, and incidentals necessary to safely maintain traffic during the construction
period.
There shall be no direct payment for fulfilling the requirements of the Special Provision, but
compensation shall be considered included in the price bid for Maintenance of Traffic.
02-14-2011 Page 1 of 1
10-24-2014 Rev.
11-16-2017 Rev.
12-06-2018 Rev.
SPECIAL PROVISION #5
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
SHORING FOR CULVERTS
ARDOT STANDARD SPECIFICATIONS
DESCRIPTION: Work under this item shall consist of the design, construction, and removal of
a shoring or bracing system that may be required to retain the existing, temporary, or new
roadway embankment and to maintain traffic during construction of culverts. The shoring
system shall provide sufficient clearance for excavation and construction work and shall ensure
the safety of the traveling public and workmen at all times.
WORK TO BE PERFORMED: Prior to construction of the shoring system, the Contractor shall
submit the design and details of the system to the Engineer for informational and record
purposes. Such submission shall include the design calculations, the kind and condition of
materials to be used, working drawings showing all dimensions, and the procedure for
installation of the system. The design and details submitted shall be prepared and/or approved
by a Professional Engineer registered in Arkansas.
The Contractor shall be responsible for the adequacy of the temporary shoring during the entire
period of construction. The Contractor shall be responsible for any and all damages and/or
claims, including injury or death, arising out of the construction and use of temporary shoring.
The Contractor shall construct the shoring in accordance with the details submitted to the
Engineer for informational purposes. Unless otherwise permitted by the Engineer, all
components of the shoring system shall be removed upon completion of their use and shall
remain the property of the Contractor.
PAYMENT: No direct payment will be made for work described in this special provision ( which
includes preparation of necessary design details and drawings, construction and removal of
shoring, and for all materials, labor, tools, equipment, and incidentals necessary to complete the
work) but shall be considered subsidiary to other pay items in the contract.
Page 1 of 1
SPECIAL PROVISION #6
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
DRAINAGE STRUCTURE BACK OPENING
DESCRIPTION. This item shall consist of construction of the Drainage Structure Back Opening
at locations and per detail shown in the plans.
MATERIALS. The concrete and reinforcing steel used in construction of the Drainage
Structure Back Opening shall conform to requirements of Section 302 of the City of Fayetteville
Standard Street and Drainage Specifications.
METHOD OF MEASUREMENT. Drainage Structure Back Opening will be measured by each
EA) per Drainage Structure Back Opening.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above
will be paid at the contract unit price shown below, which price shall be full compensation for
furnishing all materials, equipment, tools, labor and incidentals necessary to complete the work
as described herein and shown in the Construction Plans.
Payment will be made under:
Pay Item Pay Unit
Drainage Structure Back Opening EA
Page 1 of 1
SPECIAL PROVISION #7
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
CONCRETE FLUME
DESCRIPTION. This item shall consist of construction of the Concrete Flume at locations and
per detail shown in the plans.
MATERIALS. The concrete and reinforcing steel used in construction of the Concrete Flume
shall conform to requirements of Section 302 of the City of Fayetteville Standard Street and
Drainage Specifications.
METHOD OF MEASUREMENT. Concrete Flume will be measured by square yard ( SY) for the
area of concrete flume constructed.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above
will be paid at the contract unit price shown below, which price shall be full compensation for
furnishing all materials, equipment, tools, labor and incidentals necessary to complete the work
as described herein and shown in the Construction Plans.
Payment will be made under:
Pay Item Pay Unit
Concrete Flume SY
Page 1 of 1
SPECIAL PROVISION #8
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
SELECT PIPE BACKFILL ( CLASS 67)
DESCRIPTION. This item shall consist of the furnishing and installing of Select Pipe Backfill
Class 67) if and where directed by the Engineer in instances where it is necessary to expedite
backfill of utility lines to reduce impacts to traffic and improve access to driveways. The quantity
of this material is an allowance only, and may be used if and where directed by the Engineer to
backfill utility lines such as water, sanitary sewer, electrical and/or fiber conduit, drainage pipes
and structures.
MATERIALS. The material used shall be crushed aggregate conforming to the ASTM C 33,
gradation 67 and as follows:
Crushed aggregate sized from maximum ¾ inch to No. 8 sieve:
100 percent passing the ¾ inch sieve ( maximum aggregate size ¾ inch)
20 to 55 percent passing the 3/8 inch sieve
0 to 10 percent passing the No. 4 sieve
0 to 5 percent passing the No 8 sieve.
SUBMITTAL REQUIREMENTS. Contractor shall submit information to the Engineer that
enables Engineer to confirm proposed material meets these specifications.
METHOD OF MEASUREMENT. Select Pipe Backfill ( Class 67) will be measured by the cubic
yard ( CY) of material installed. Prior to placement, the Engineer must confirm the size of trench
and location for the material to be used and must also authorize the use of this material in lieu of
traditional backfill prior to placement.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid for Select Pipe Backfill ( Class 67), which price shall
be full compensation for furnishing and installing backfill; for all labor, equipment, tools, and
incidentals necessary to complete the work as described herein and shown in the Construction
Plans.
Payment will be made under:
Pay Item Pay Unit
Select Pipe Backfill ( Class 67) CY
Page 1 of 1
SPECIAL PROVISION # 9
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
PEDESTRIAN REFUGE ISLANDS
DESCRIPTION. This item shall consist of Pedestrian Refuge Islands constructed of Portland
Cement Concrete constructed in one course on the prepared subgrade or on a completed and
accepted base course according to these specifications and conforming to the lines, grades,
thickness, and details shown in the plans.
MATERIALS & CONSTRUCTION REQUIREMENTS. Materials and construction requirements
shall comply with Section 601, Cast-in-Place Concrete. Type C Curb Face shall be constructed
on all exposed edges.
METHOD OF MEASUREMENT. Measurement will be made by the square yard ( SY)
basis of completed in place concrete at the unit price listed on the Unit Price Schedule.
Detectable warnings, and other signal equipment located in these areas will be paid for by
separate item( s).
BASIS OF PAYMENT. Work completed and accepted and measured as provided above
will be paid for at the contract unit price shown below, which price shall be full compensation for
furnishing all materials, equipment, tools, labor and incidentals necessary to complete the work
as described herein and shown in the Construction Plans.
Payment will be made under:
Pay Item Pay Unit
Pedestrian Refuge Islands SY
Page 1 of 5
SPECIAL PROVISION # 10
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
GRAVITY BLOCK RETAINING WALL
DESCRIPTION. This item shall consist of the construction of a gravity block retaining wall
system in accordance with these specifications and in conformity with the locations,
dimensions, lines and grades shown on the plans. All references to Division, Section, and
Subsection refer to the Arkansas State Highway and Transportation Department Standard
Specifications for Highway Construction ( 2014 Edition).
GENERAL. The retaining wall system shall provide for the stability of the retained soil thru the
use of gravity forces from the weight of blocks and any in-fill material without the use of soil
reinforcements or tie-backs. The same type retaining wall system shall be used at all locations
unless noted otherwise on the plans. The Contractor shall submit to the Engineer for approval a
precast concrete gravity block retaining wall system that conforms to the following:
1. The retaining wall design shall be in accordance with the current edition of the
AASHTO LRFD Bridge Design Specifications and this Special Provision and shall be
designed by an Arkansas Registered Professional Engineer. All details, drawings, and
calculations required by this Special Provision shall be certified, signed, and stamped
with the Engineer’ s seal.
2. The basic wall geometry, including top and bottom of wall face, grade lines, and length
and limits of walls shall be as shown on the plans and as directed by the Engineer.
3. Structural elements of the wall shall not interfere with the location of roadway drainage
structures or other buried structural elements as shown on the plans.
4. The wall system design shall comply with requirements for global stability as
determined by the Department. The passive resistance of the soil at the front face of
the wall shall be neglected in the analysis of external stability for sliding.
5. The individual blocks shall have a concrete or steel interlock between the top and
bottom surfaces of the blocks capable of keeping them in the intended alignment and
provide shear resistance between block units.
6. Bearing resistance for the wall shall be determined by the design engineer for the
retaining wall. This may be coordinated with owner and their construction materials
testing firm for recommendations on existing soil conditions prior to construction of the
wall.
7. Drainage shall be provided behind the wall with granular material and perforated pipe.
Page 2 of 5
GRAVITY BLOCK RETAINING WALL
MATERIALS.
a) Gravity Block Units. Gravity block units and cap units shall have a minimum dry weight
density of 140 lbs per cubic foot. The minimum block thickness for the main wall units shall be
twenty-four inches. The minimum thickness for cap units and corner/ transition units may be
reduced if approved by the Design Engineer. The units shall have a weathered rock face finish
in angular tri-plane or straight face configuration unless otherwise noted in the plans. All units
shall have a concrete gray face color unless otherwise noted on the plans. Exposed surfaces of
units shall be free of chips, cracks, or other imperfections when viewed from a distance of 10
feet under diffused lighting. Any metallic attachment devices shall be galvanized in accordance
with AASHTO M 111 and provide for a 75 year maintenance free life expectancy.
b) Concrete. The Contractor shall submit a concrete mix design to the Resident Engineer for
approval. The Portland cement concrete shall have a minimum 3500 psi compressive strength
at 28 days; an air content of 6% ± 2%, and a maximum aggregate size of 1 inch. The
manufacturer shall have a Quality Control program whereby representative samples of raw
materials are tested and/or reviewed for conformity. In addition, quality control tests
compressive strength and air content) shall be conducted in accordance with the Department’ s
Manual of Field Sampling and Testing Procedures. The frequency of quality control tests shall
be a minimum of one ( 1) set of tests per pouring day. Records of materials used in the
manufacture of wall units and quality control test shall be maintained by the manufacturer. The
Department shall reserve the right to review records for compliance with all applicable
specifications and to reject any non-conforming units.
c) Filter Fabric. Geotextile filter fabric meeting the requirements of Subsection 625.02, Type 2
is required at the interface of the drainage material and both the backfill material and the gravity
block wall. The geotextile fabric used in the wall construction shall be able to resist deterioration
when exposed to the backfill material selected. Geotextile fabric shall be protected from sunlight
during storage.
d) Drainage Fill Material. Drainage fill material placed immediately behind the wall shall
conform to the requirements of a Class 3 mineral aggregate as specified in Subsections 403.01
and 403.02 or coarse aggregate meeting the Standard or Alternative Gradation as specified in
Section 802.02(c) of the Standard Specifications.
e) Select Granular Backfill. All backfill material shall be granular having an angle of internal
friction greater than 28 degrees as determined by the standard direct shear test AASHTO T-236
on the portion finer than the No. 10 sieve, using a sample of the material compacted to 95
percent of AASHTO T-99 and shall have no cohesion. Aggregates meeting the material
requirements of Section 302 for Selected Material ( Class SM-1) or the material requirements of
Section 303 for Aggregate Base Course ( Class 7) are acceptable backfill materials.
The Contractor shall sample and test the backfill material prior to wall construction to verify that
the angle of internal friction used in the wall system design does not exceed the angle of internal
friction of the backfill material. The Contractor shall conduct one additional shear test on a
sample taken during the wall construction at a location as determined by the Engineer. Also, if
the backfill material source changes and/or material properties change during wall construction
from the original sample tested, the angle of internal friction shall be re-verified. If either the
Page 3 of 5
GRAVITY BLOCK RETAINING WALL
additional test result or the re-verified test result is less than the design value utilized in the
design of the wall, the material shall be removed and replaced with acceptable backfill material.
WORKING DRAWINGS. At least 30 calendar days prior to fabrication of the gravity blocks, the
Contractor shall submit four ( 4) copies of design calculations, working drawings, and material
and construction specifications to the Engineer for review. This will be used to verify compliance
with design requirements. The drawings shall include details that provide for flexibility,
differential settlement and aesthetics at changes in direction of the wall alignment.
The above verification process shall not relieve the Contractor of any responsibility under the
contract for the successful completion of the work.
GRAVITY BLOCK FACE FINISH. Before shipment of the gravity blocks, approval of the face
finish will be required. Approval will be based on a sample block submitted to the Engineer. In
lieu of a sample block, the Engineer may accept proof of previous work performed with identical
blocks and finishes.
CONSTRUCTION REQUIREMENTS. The Contractor will be required to have a manufacturer’ s
representative experienced and knowledgeable in the design and construction of the retaining
wall system available throughout the construction period.
The Contractor shall furnish a certification that the components of the wall system were
manufactured in compliance with the approved design and that the materials furnished comply
with the specifications.
Prior to wall construction, the foundation shall be compacted as directed by the Engineer. Any
unsuitable foundation material shall be excavated and backfilled according to the undercutting
requirements of this special provision. At each foundation level, an unreinforced concrete or
crushed stone leveling pad shall be provided. Concrete leveling pads shall be in place a
minimum of 24 hours before gravity block elements are placed. Leveling pads shall have a
minimum earth cover as shown on the plans. Crushed stone for leveling pads shall comply with
the requirements of Section 303 for Aggregate Base Course ( Class 7) or other material as
required by the wall supplier’ s construction requirements, and compacted in accordance with
Subsection 210.10. Concrete for leveling pads shall comply with the requirements of Section
802 for Class A or higher class concrete as required by the wall supplier’ s construction
requirements.
Individual gravity blocks shall be placed so that their final position is near vertical. The tolerance
for the completed wall shall be within 2 degrees of the batter shown on the plans. As drainage
and backfill material are placed behind the blocks, the blocks shall be maintained in position
according to the wall supplier’ s recommendations.
As shown on the plans, drainage fill material shall be placed for a minimum width of 12 inches
behind the wall, for the full height of the wall, in 10 inch loose lifts and compacted in such a
manner as to avoid any damage or distortion of wall materials or wall alignment. The Contractor
shall perform quality control and acceptance sampling and testing of the backfill in accordance
with Section 306, with the exception that the minimum frequency of acceptance testing shall be
one lot test for gradation and decantation loss for each 500 cubic yards of drainage fill material.
Page 4 of 5
GRAVITY BLOCK RETAINING WALL
Select Granular Backfill shall be placed and compacted in accordance with Subsections 210.07,
210.09, and 210.10 of the Standard Specifications. The Contractor shall perform quality control
and acceptance sampling and testing of the backfill in accordance with Section 306, with the
exception that the minimum frequency of acceptance testing shall be one lot test for density,
moisture content, gradation, and plasticity index for each 3000 cubic yards of backfill material
placed except that at least one set of tests for density and moisture content shall be performed
on each layer of backfill.
Backfill shall be placed in such a manner as to avoid any damage or disturbance of the wall
materials or misalignment of the facing blocks. Any damage or distortion of the wall materials
during backfill placement shall be corrected at the Contractor’ s expense.
The Contractor shall be responsible for preventing surface water or rainwater from damaging
the retaining walls during construction. This shall include shaping the backfill to prevent water
from ponding or flowing on the backfill or against the wall face. Any damage or movement
caused by erosion, sloughing, or saturation of the retaining wall or embankment backfill shall be
repaired at the Contractor’ s expense.
All the material within any undercut areas shown in the plans shall be excavated to the limits
shown. Additional soft and unstable materials shall be excavated as directed by the Engineer.
All undercut areas shall be backfilled with granular material meeting the requirements specified
in the plans. The granular backfill material shall be placed and compacted in accordance with
Subsections 210.07, 210.09 and 210.10. The Contractor shall perform quality control and
acceptance sampling and testing of the backfill in accordance with Section 306, with the
exception that the minimum frequency of acceptance testing shall be one lot test for density,
moisture content, gradation and plasticity index for each 3000 cubic yards of backfill material
placed except that at least one set of tests for density and moisture content shall be performed
on each layer of backfill.
METHOD OF MEASUREMENT. Retaining walls will be measured by the square foot of front
surface area between the top of the leveling pad at the face of the wall and the top of the wall
including any cap units required.
All excavation within the limits of the gravity wall units and drainage fill material, for the leveling
pad, within the limits of any undercut areas, and directly over any undercut areas will be
measured as Unclassified Excavation. All other excavation will not be measured.
All backfill within the limits of any undercut areas will be measured as shown in the plans. All
backfill ( not including drainage fill) directly over the limits of any undercut areas will be
measured as Compacted Embankment. Drainage fill material and all other backfill will not be
measured.
BASIS OF PAYMENT. Retaining walls completed, accepted and measured as provided above
will be paid for at the contract unit price bid per square foot front face of Gravity Block Retaining
Wall, which price shall be full compensation for designing; for quality control and acceptance
sampling and testing; for furnishing all materials including drainage fill and any in-fill materials;
pipe underdrains and joint materials; for furnishing and installing Geotextile Fabric, for
Page 5 of 5
GRAVITY BLOCK RETAINING WALL
constructing the leveling pad, the wall, and the cap units; and for all labor, equipment, tools, and
incidentals necessary to complete the work.
All excavation within the limits of the gravity block wall units and drainage fill material, for the
leveling pad, within the limits of any undercut areas, and directly over any undercut areas will be
paid for as Unclassified Excavation in accordance with Section 210. All other excavation will not
be paid for directly but will be considered subsidiary to the unit price bid per square foot for
Gravity Block Retaining Wall.
All backfill within the limits of any undercut areas, including quality control and acceptance
sampling and testing, will be paid for as shown in the plans. All backfill ( not including drainage
fill) directly over the limits of any undercut areas, including quality control and acceptance
sampling and testing, will be paid for as Compacted Embankment in accordance with Section
210. All other backfill will not be paid for directly but will be considered subsidiary to the unit
price bid per square foot for Gravity Block Retaining Wall.
The Contractor shall comply with applicable Federal, State, and local laws governing safety in
accordance with Subsection 107.01(b) in any and all excavation and/or shoring operations. Any
shoring will not be paid for directly but will be considered subsidiary to the unit price bid per
square foot for Gravity Block Retaining Wall.
Payment will be made under:
Pay Item Pay Unit
Gravity Block Retaining Wall SF (Square Foot)
Page 1 of 1
SPECIAL PROVISION # 11
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
REMOVE AND REPLACE TREES
DESCRIPTION. This item shall consist of removing and replacing the existing trees on the
Valvoline property as shown in the plans.
CONSTRUCTION REQUIREMENTS. The existing trees shall be removed as shown on the
plans to accommodate construction. New 2” DBH trees of the same species as those removed
shall be planted in locations shown on the plans. Trees shall be planted in accordance with City
of Fayetteville planting details.
METHOD OF MEASUREMENT. Remove and Replace Trees will be measured by each ( EA)
basis at the unit price listed on the Unit Price Schedule. One unit includes removal of one tree,
and planting of one new tree.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above will be
paid for at the contract unit price shown below, which price shall be full compensation for,
furnishing and installing all plans, soils, mulch, other materials and appurtenant work required to
remove and replace trees, and for all labor, equipment, tools, and incidentals necessary to
complete the work as described herein and shown in the Construction documents.
Payment will be made under:
Pay Item Pay Unit
Remove and Replace Trees EA
Page 1 of 9
SPECIAL PROVISION # 12
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
IRRIGATION SYSTEM ADJUSTMENT
DESCRIPTION. This item shall consist of adjustments to existing irrigation systems located
on Parcel 765-15715-000 (Valvoline Instant Oil Change) at the southeast corner of the
intersection between Millsap and College Ave.
The location and extent for underground irrigation systems is unknown, except for what can
be seen at the surface such as backflow preventers, valves and irrigation heads.
It is the intent of this special provision to remove portions of existing irrigation systems that
may be in conflict with proposed improvements and adjust those irrigation systems to provide
a complete functioning system of the same type, functionality and quality for the affected
property owner. Irrigation components expected to require adjustment include ( but not limited
to) backflow preventers, RPZ, valves, yard lines, and nozzles.
SUBMITTAL REQUIREMENTS. Prior to making any adjustments to an existing irrigation
system, the contractor shall notify the engineer and schedule a site visit to review and
document the location, extents and specifics of the system. Once impacts are determined,
the contractor shall submit a plan to the engineer describing necessary adjustments to the
existing irrigation system to resolve conflicts with proposed improvements. This information
will be used to coordinate and schedule work with the owner of the irrigation system.
MATERIALS
When possible, materials shall match the materials of the existing system. If those materials
are no longer available, the following guidance shall be used as required.
Pipe Materials:
1. Plastic Pipe: Provide PVC, pressure rated pipe for sizes 2-1/2 inches or less meeting
the requirements of ASTM D 2241, PVC 1120 compound, SDR 21. Provide plastic
pipe 3 inches and larger meeting the requirements of ASTM D 1785, PVC 1120
compound, Schedule 40.
a. The pipe shall be homogeneous throughout and free from visible cracks, holes,
foreign materials, blisters, deleterious, wrinkles, and dents.
b. All pipe shall be continuously and permanently marked with the following
information: Manufacturer' s name or trademark, size, schedule and type of
pipe, working pressure at 73 degrees F. and National Sanitation Foundation
N.S.F.) approval.
2. Plastic Pipe Fittings: Provide molded plastic pipe fittings manufactured of the same
material as the pipe and shall be suitable for solvent weld, slip joint ring-tite seal or
threaded connections.
a. PVC Socket Fittings: ASTM D 2466, Schedules 40 and 80.
b. PVC Threaded Fittings: ASTM D 2464, Schedule 80.
c. PVC Socket Unions: Construction similar to MSS SP-107, except both
headpiece and tailpiece shall be PVC with socket ends.
d. Size slip fitting socket taper so that a dry unsoftened pipe end can be inserted
no more than halfway into the socket. Plastic saddle and flange fittings will not
be permitted. Only schedule 80 pipe may be threaded.
e. When connection is plastic to metal, plastic male adaptors shall be used. The
male adaptor shall be hand tightened, plus one turn with a strap wrench.
Page 2 of 9
SPECIAL PROVISION # 12
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
IRRIGATION SYSTEM ADJUSTMENT
f. Pipe-Flange Gasket Materials: AWWA C110, rubber, flat face, 1/8-inch-thick
unless otherwise indicated; full-face or ring type unless otherwise indicated.
g. Metal, Pipe-Flange Bolts and Nuts: ASME B18.2.1, carbon steel unless
otherwise indicated.
3. Polyethylene Pipe: ASTM F 771, PE 3408 compound; SIDR 11.5.
4. Polyethylene Pipe Fittings: Provide insert fittings for PE Pipe: ASTM D 2609, nylon or
propylene plastic with barbed ends. Include bands or other fasteners.
5. Pipe Sleeves: Provide Schedule 40 PVC pipe with solvent welded joints under
pavements.
6. Copper Pipe: Use Type “ K” rigid conforming to ASTM Standard B88. Use wrought
copper or cast bronze fittings, soldered or threaded per the installation details. Use a
dielectric union wherever a copper-based metal ( copper, brass, bronze) is joined to a
iron-based metal ( iron, galvanized steel, stainless steel).
Pipe Joining Materials:
1. Solvent Cements for Joining PVC Piping: ASTM D 2564. Include primer according to
ASTM F 656.
2. Plastic, Pipe-Flange Gasket, Bolts, and Nuts: Type and material recommended by
piping system manufacturer unless otherwise indicated.
Valves:
1. PVC Ball Valves: Union type, with full-port ball, socket or threaded detachable end
connectors, and pressure rating not less than 150 psig ( 1035 kPa). PVC ball valves
may be used for sizes 2-1/2” and smaller, brass or bronze ball valves are required for
sizes 3” or larger.
2. Electric Control Valves: Molded-plastic body, normally closed, diaphragm type with
manual-flow adjustment, and operated by 24-V ac epoxy-sealed solenoid for
commercial/ institutional applications.
Valve Boxes:
1. General: All remote-control valves, manual control valves, zone shut-off valves, gate
valves or globe valve filters and drains unless otherwise indicated, shall be installed in
valve access box of proper size as required for easy access to the valve.
2. Plastic Control-Valve Boxes: Box and cover, with open bottom and openings for
piping; designed for installing flush with grade. Include size as required for valves and
service. Electric control valves must be placed in square valve boxes with
polyethylene sidewall and cover materials. Lettering on the cover will be
IRRIGATION.”
Specialties:
1. Control Cable: All electrical control and ground wire shall be low voltage-direct burial
irrigation control cable, 14 gauge unless otherwise indicated on the drawings. All
Page 3 of 9
SPECIAL PROVISION # 12
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
IRRIGATION SYSTEM ADJUSTMENT
wiring to be used for connecting automatic remote control valves to the automatic
controller shall be Type " UF," 600 volt, stranded or solid copper, single conductor wire
with PVC insulation and bear UL approval for direct underground burial feeder cable.
a. Insulation shall be 4/64-inch thick minimum covering of ICC-100 compound for
positive waterproofing protection. All control or "hot" wires shall be of one color
black) and all common or "ground" wires shall be of another color (white).
Verification of wire size and types and installation procedures shall conform to
local codes, applications and length of runs.
b. All splices are to be completed within valve boxes using one-piece, jelly-filled,
water-proof wire connectors with 20 expansion coils per splice.
2. All other materials, not specifically described but required for a complete and proper
irrigation system installation, shall match existing, shall be new, first quality of their
respective kinds, and subject to the approval of the Owner' s Representative.
Construction Methods
1. Surface Conditions:
a. Inspection: Prior to all work of this section, carefully inspect the installed work
of all other trades and verify that all such work is complete to the point where
this installation may properly commence.
i. Verify that irrigation system may be installed in strict accordance with
all pertinent codes and regulations, the original design, the referenced
standards, and the manufacturer' s recommendations.
b. Discrepancies: In the event of discrepancy, immediately notify the Owner' s
Representative.
i. Do not proceed with installation in areas of discrepancy until all such
discrepancies have been fully resolved.
c. Field Measurements: Make all necessary measurements in the field to ensure
precise fit of items in accordance with the original design.
2. Installation of Piping:
a. General: Layout the piping system in accordance with the plans.
i. Where piping is shown on the plans to be under paved areas but
running parallel and adjacent to planted areas, the intention is to install
the piping in the planted areas.
b. Line Clearance: All lines shall have a minimum clearance of 4 inches from
each other, and 6 inches from lines of other trades, except through pipe
sleeves.
i. Parallel lines shall not be installed directly over one another.
3. Inspection of Pipe and Fittings: Carefully inspect all pipe and fittings before
installation, removing all dirt, scale, and burrs and reaming as required; install all pipe
with all markings up for visual inspection and verification.
4. Plastic Pipe: Plastic pipe shall be installed in a manner so as to provide for expansion
and contraction as recommended by the manufacturer.
a. All plastic joints shall be solvent-weld joints or slip seal joints. Only the solvent
cement recommended by the pipe manufacturer shall be used. All plastic pipe
and fittings shall be installed as outlined and instructed by the pipe
Page 4 of 9
SPECIAL PROVISION # 12
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
IRRIGATION SYSTEM ADJUSTMENT
manufacturer and it shall be the Contractor' s responsibility to make
arrangements with the pipe manufacturer for any field assistance that may be
necessary. The Contractor shall assume full responsibility for the correct
installation.
i. All plastic to metal joints shall be made with plastic male adaptors.
ii. The solvent-weld joints shall be made dry.
iii. The solvent-weld joints shall be allowed to set at least 24 hours before
pressure is applied to the system on PVC pipe.
5. Pipe Pulling: Pulling of pipe is acceptable for the installation of lateral lines only.
Contractor has the option to pull or trench laterals.
a. Pull pipe to the depth as required on the Drawings.
6. Trenching and Backfilling.
a. General: Perform all trenching required for the installation of items where the
trenching is not specifically described in other sections of these specifications.
i. Make all trenches in accordance with OSHA Requirements with
sufficient width to provide free working space at both sides of the trench
and around the installed item as required for gluing, joining, backfilling,
and compacting while minimizing width of trenches.
b. Depth: Trench as required to provide the elevations shown on the Plans.
i. Trench to sufficient depth to give a minimum of 18 inches of fill above
the top of the pipe measured from the adjacent finished grade under
driveways and sidewalks.
ii. All mainline shall have a minimum cover of 18 inches above the pipe.
All laterals shall have a minimum cover of 12 inches above the pipe. All
drip laterals shall have a minimum cover of 8 inches above the pipe.
iii. All sleeves shall be installed at a depth on line and grade with existing
or proposed irrigation lines. Sleeves with excessive or shallow invert
depth will be rejected.
c. Correction of Faulty Grades: Where trench excavation is inadvertently carried
below proper elevations, backfill with material approved by the Owner' s
Representative and then compact to provide a firm and unyielding subgrade to
the approval of the Owner' s Representative and at no additional cost to the
Owner.
d. Trench Bracing: Properly support all trenches in strict accordance with all
pertinent rules and regulations.
i. Brace, sheet, and support trench walls in such a manner that they will
be safe and that the ground alongside the excavation will not slide or
settle, and that all existing improvements of every kind will be fully
protected from damage.
ii. In the event of damage to such improvements, immediately make all
repairs and replacements necessary to the approval of the Owner' s
Representative and at no additional cost to the Owner.
iii. Arrange all bracing, sheeting and shoring so as to not place stress on
any portion of the completed work until the general construction thereof
has proceeded far enough to provide sufficient strength.
Page 5 of 9
SPECIAL PROVISION # 12
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
IRRIGATION SYSTEM ADJUSTMENT
e. Removal of Trench Bracing: Exercise care in the driving and removal of
sheeting, shoring, bracing, and timbering to prevent collapse or caving of the
excavation faces being supported.
f. Grading and Stockpiling Trenched Material: Control the stockpiling of trenched
material in a manner to prevent water running into the excavations.
i. Do not obstruct surface drainage but provide means whereby storm
and waste waters are diverted into existing gutters, other surface
drains, or temporary drains.
g. Methods: All trench excavation shall be made by open cut. During excavation,
material suitable for backfilling shall be piled in an orderly manner, a sufficient
distance from the banks of the trench to avoid overloading, and to prevent
slides or cave-ins. All material not required for backfill or not suitable for
backfill, shall be removed from the site by the Contractor. Banks of trenches
shall be kept as nearly vertical as possible and shall be properly sheeted and
braced as may be necessary to prevent caving.
i. Trench widths in paved streets or in areas where proximity to other
structures require vertical cuts, shall not be wider than is required for
proper handling, jointing and bedding of the pipe.
ii. The bottom of the trenches shall be accurately graded to line and grade
and provide uniform bearing and support for each section of the pipe on
undisturbed soil, at every point along its entire length. Depressions for
joints shall be dug after the trench bottom has been graded, and shall
be only of such length, depth and width as required for properly making
the particular type joint. Care shall be taken not to excavate below the
depths indicated.
iii. Where rock occurs in trench excavation, the rock shall be removed to a
depth of six (6) inches below the established grade line, and to a width
of twelve ( 12) inches greater than the outside diameter of the pipe to be
installed in the trench.
h. Pavement Removal: Where excavation of trenches requires the removal of
pavement, the pavement shall be cut in a straight line along the edge of the
excavation by use of a spade-bitted air hammer, concrete saw or similar
approved equipment to obtain straight, square and clean break; and, after
backfilling and subgrade preparations are completed, the pavement section
and surfacing shall be replaced.
i. Excess material, including rock, broken concrete, bituminous materials,
debris or other materials not suitable for backfill, shall be removed from
the site and disposed of by the Contractor.
7. Boring:
a. Locations: Boring shall be used to route pipe, wiring, or both under structures
such as walks or curbs where trenching is impractical. Sleeves shall be
installed in all bored holes.
b. Method: Boring shall be accomplished with a drill, auger, water jet, or any
other instrument approved by the Owner' s Representative capable of
producing a precise hole. Boring shall not disturb overlaying structures or
cause settlement and damage to those structures.
Page 6 of 9
SPECIAL PROVISION # 12
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
IRRIGATION SYSTEM ADJUSTMENT
8. Sleeves:
a. Locations: Install sleeves where noted on plans, or wherever routing of a pipe,
wiring, or both crosses a paved area or passes through a bored hole.
b. Methods: Sleeves laid in open trenches shall be uniformly and evenly
supported by undisturbed soil on the trench bottom. Backfill shall conform to
standards hereinafter specified.
i. Sleeves installed in borings shall be forced through and have a snug fit
throughout the length of the bored hole. Sleeves cracked or broken
shall not be accepted.
ii. Installation of pipe for sleeving shall occur where pipe lines run under or
through pavements or structures and as shown on the plans. Sleeve
inverts shall be laid at the grade of the lines it will carry and sloped to
drain. All permanent sleeves shall be laid side by side in all locations
unless noted otherwise. Inverts in and out shall be permanently
marked in the field and on the as built drawings.
c. Materials: Pipe for sleeving must be a minimum strength of SDR 35.
9. Backfill.
a. Inspection: The trenches shall not be backfilled until inspection has been
completed and the pipe installation, including the grade, alignment and jointing
has been found to be in compliance with the requirements of the plans and
specifications.
b. Around and Over Pipe: Select backfill material consisting of sand, fine gravel
or select earth, free of large lumps or rocks larger than 3/4 inch shall be used
in backfilling around and over the installed pipe.
i. The select material shall be obtained from the excavation material
removed from the trench and shall be processed by screening, sifting,
or selective sorting, so as to produce the type of backfill herein
specified. The Contractor may at his option and expense provide an
acceptable imported material.
ii. This backfill material shall be carefully deposited around and over the
pipe in layers not more than six inches thick, loose measurement,
unless otherwise permitted by the Owner' s Representative, wetted to
optimum moisture content and uniformly compacted to at least 95
percent of the maximum density obtainable at optimum moisture
content as determined by ASTM D698 ( latest revision), until the pipe
has a cover depth of at least one (1) foot.
c. Remainder of Trench Backfill: The remaining depth of the trench shall be
backfilled with excavation material removed from the trench, which shall be
wetted or dried to near optimum moisture content.
i. Inclusion of a limited amount of stones and rocks will be permitted.
Stones and rocks shall in no case be larger than 1 inch, and they shall
be placed so that each piece is completely surrounded with material
compacted to the density specified. The size and amount of rocks used
in backfill shall be such that they will not interfere with proper
compaction.
ii. This material shall be carefully deposited in layers of a thickness
suitable to the equipment selected by the Contractor for proper
compaction and compacted to at least 95 percent of the maximum
Page 7 of 9
SPECIAL PROVISION # 12
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
IRRIGATION SYSTEM ADJUSTMENT
density as determined by ASTM D698 ( latest revision) under
pavements and structures. The method of compaction selected by the
Contractor shall not cause damage of any nature to the installed pipe.
In planted areas compact to 85 percent of maximum density at optimum
moisture.
iii. The use of water settlement for this portion of the trench backfilling is
permissible if the specified density can be obtained and the backfill
material is suitable for this type of trench compaction.
10. Installation of Equipment.
a. General: All fittings, valves, etc., shall be carefully placed in the trenches with
concrete thrust blocks to be placed where required, or at angle points as
shown on the plans and details.
i. All sprinklers, having adjustable nozzles, shall be adjusted for proper
and adequate distribution of the water over the coverage pattern of the
sprinkler.
ii. All nozzles on pop-up sprinklers or spray heads shall be tightened after
installation. All sprinklers shall be adjusted as required for the proper
arc of coverage, radius, diameter and/or gallonage discharge.
iii. Provide a laminated tag indicating the zone number for each electric
control valve. Secure the tag using a zip tie.
b. Sprinkler Heads: Install sprinkler heads where indicated on the plans and in
strict accordance with the manufacturer' s recommendations or as necessary to
provide complete uniform coverage.
i. All heads on slopes where runoff may occur shall be installed with
check valves if slope between heads exceeds 2 feet and install check
valves on all pop-up heads on slopes that exceed 6:1.
ii. Set all heads to final grades, accounting for sod depths and mulch.
c. Control Wire: Bundle control wires where two or more are in the same trench.
Bundle with pipe wrapping tape spaced at 10-foot intervals.
i. Provide 24-inch excess length of wire in an 8-inch diameter loop at
each 90-degree change of direction, at both ends of sleeves and at
100-foot intervals along continuous runs of wiring. Do not tie wiring
loop. Coil 24-inch length of wire within each remote-control valve box.
ii. Install common ground wire and one control wire for each remote-
control valve. Multiple valves on a single control wire are not permitted.
Install wire parallel with and below PVC mainline pipe.
11. Testing:
a. Flushing: Before backfilling the mainline, and with all control valves in place,
but before lateral pipes are connected, completely flush and test the mainline
and repair for all leaks; flush out each section of lateral pipe before sprinkler
heads are attached.
b. Testing: Make all necessary provisions for thoroughly bleeding the line of air
and debris.
i. Pipelines jointed with solvent- welded PVC joints must be cured at least
24 hours before testing.
ii. Subsections of mainline pipe may be tested independently, subject to
the review of the Owner’ s Representative.
Page 8 of 9
SPECIAL PROVISION # 12
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
IRRIGATION SYSTEM ADJUSTMENT
iii. Furnish clean, clear water, pumps, labor, fittings and equipment
necessary to conduct tests.
c. Hydrostatic Pressure Test:
i. Subject mainline pipe to a hydrostatic pressure of 150 PSI for two
hours. Test with mainline components installed. A 2 PSI pressure
variation is allowed. Backfill to prevent pipe from moving under
pressure. Expose couplings and fittings.
ii. Leakage will be detected by visual inspection. Replace defective pipe,
fitting, joint, valve or appurtenance. Repeat the test until the pipe
passes the test.
iii. Cement or caulking to seal leaks is prohibited.
d. Operational Test:
i. Activate each remote-control valve in sequence from controller. The
Owner’ s Representative will visually observe operation, water
application patterns and leakage.
ii. Replace defective remote-control valve, solenoid, wiring or
appurtenance to correct operational deficiencies.
iii. Replace, adjust or move water emission devices to correct operational
or coverage deficiencies.
iv. Replace defective pipe, fitting, joint, valve, sprinkler or appurtenance to
correct leakage problems. Cement or caulking to seal leaks is
prohibited. Repeat test until each lateral passes all tests.
12. Cleanup and Protection:
a. Cleanup: Upon completion of the work, the entire site shall be cleared of all
debris, and ground surfaces shall be finished to smooth, uniform slopes and
shall present a neat and workmanlike appearance. Replace all obstructions
remove during construction to a condition at least equal to their existing
condition.
13. Irrigation Maintenance:
a. Maintenance: The Contractor shall, for a period of one (1) year after
completion and final acceptance of the work, maintain and repair any trench or
boring settlement which may occur, and shall make suitable repairs to any
pavements, sidewalks, or other structures which may become damaged as a
result of settlement. All such maintenance and repair shall be at the
Contractor' s expense.
14. Record Drawings:
a. Record Drawings: Maintain as-built drawings on site at all times. Record
accurately on one set of black and white prints of the site plan all installed work
including both pressure and non-pressure lines.
i. Upon completion of each increment of work, transfer all such
information and dimensions to the print. The dimensions shall be
recorded in a legible and workmanlike manner.
ii. Dimension from two permanent points of reference ( buildings,
monuments, sidewalks, curbs, pavement, etc.). Locations shown on
Page 9 of 9
SPECIAL PROVISION # 12
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
IRRIGATION SYSTEM ADJUSTMENT
as-built drawings shall be kept day to day as the project is being
installed. All dimensions noted on drawings shall be 1/8-inch in size
minimum).
iii. Show locations and depths of the following items: Point of connection,
routing of sprinkler pressure lines ( dimension maximum 100 feet along
routing), isolation valves, electric control valves, underground wire
splices, quick coupling valves, routing of control wires, sprinkler heads,
drip lines and other related equipment.
b. Provide the Owner’ s Representative as-built drawings both electronically on a
CD and in print. In addition, the field set must be provided to the Owner’ s
Representative.
METHOD OF MEASUREMENT. Irrigation System Adjustment will be measured at a Lump
Sum ( LS) basis at the price listed on the Unit Price Schedule. A complete unit for this item
will include all adjustments required to adjust and restore functionality of the irrigation system.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above
will be paid for at the contract unit price shown below, which price shall be full compensation
for furnishing all materials, equipment, tools, labor and incidentals necessary to complete the
work as described herein and shown in the Construction Plans.
Payment will be made under:
Pay Item Pay Unit
Irrigation System Adjustment LS
Page 1 of 1
SPECIAL PROVISION #13
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
LANDSCAPE ROCK DRAINAGE SWALE
DESCRIPTION. This item shall consist of construction of the Landscape Rock Drainage Swale
at locations and per detail shown in the plans.
MATERIALS. The materials shall conform to Landscape Rock Drainage Swale detail provided
in the construction drawings.
METHOD OF MEASUREMENT. Landscape Rock Drainage Swale will be measured by the
linear foot ( LF) basis of completed in place drainage swale, measured along the flow line of the
drainage swale.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above
will be paid at the contract unit price shown below, which price shall be full compensation for
furnishing all materials, equipment, tools, labor and incidentals necessary to complete the work
as described herein and shown in the Construction Plans.
Payment will be made under:
Pay Item Pay Unit
Landscape Rock Drainage Swale LF
Page 1 of 3
SPECIAL PROVISION #14
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
SCOUR TRANSITION MAT
DESCRIPTION. This item shall consist of construction of the Scour Transition Mat at locations
and per detail shown in the plans.
MATERIALS.
TRANSITION MAT
1. The transition mat shall be manufactured for the purpose of permanent scour protection
and erosion control in high stress or flow areas. The transition mat shall be made from
100% synthetic material ( high density polyethylene) and contain no biodegradable or
photodegradable components or materials. The transition mat shall contain a minimum
of 15% HDPE recycled content as measured by mass per unit area.
2. The transition mat shall be a dimensionally stable and resilient mat providing mechanical
protection for soil covers that hold soil particles and sediment in place. The transition
mat shall provide permanent, uniform adherence of the soil covers to the soil profile. It
shall have 50% open space available for vegetative establishment.
3. The transition mat shall be a semi-rigid mat which provides impact resistance and high
tensile strength. When anchored the transition mat maintains intimate soil contact while
providing a minimum of 40 lbs of holding capacity per square foot to resist uplift forces
due to high velocity.
4. The transition mat shall meet the requirements of Table 1. Proposed equals must be
approved by the engineer for a minimum of 30 days prior to bid date. Test results
documenting that the transition mat has been tested under controlled flow conditions for
hydraulic performance characteristics in accordance with ASTM D-6460 must be
submitted along with the manufacturer’ s certification that the transition mat’s design and
components meet or exceed all of the requirements set forth in this specification.
TABLE 1 -PERMANENT TRANSITION MAT
Property Test Method Units Value
MARV or Typical)
Physical
Mass/ Unit Area ASTM D 6566 lb/sf 0.93 MARV
Thickness ASTM D 6525 inches 0.437 MARV
Wide Width Tensile ( MD/TD) ASTM D 4595 lb/ft 2600 MARV
Percent Open Area Calculated % 50 Typical
Density/ Specific Gravity ASTM D 792 g/cm3 0.938 MARV
Method AUV Stability ASTM D 4355 % 90 MARV
Performance
Velocity Day 1 Performance Fully Vegetated Flume Testing ft/sec 19.0
ASTM D-6460 31.0
Shear Day 1 Performance Fully Vegetated Flume Testing lb/ft2 13.0
ASTM D-6460 16.0
Culvert Outfall Test Exit Velocity Discharge Prototype fps cfs 16
90
Page 2 of 3
SPECIAL PROVISION #14
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
SCOUR TRANSITION MAT
ACCESSORIES
1. Anchoring Devices
a. The anchoring devices shall be provided and installed in accordance with the
manufacturer’ s recommendations.
EXECUTION
1. Preparation
a) The installation site shall be prepared by clearing, grubbing, and excavating or filling
the area to the design grade.
b) The surface to receive the soil cover( s) and transition mat shall be prepared to
relatively smooth conditions free of obstructions, depressions, debris and soft or low
density pockets of material. The material shall be capable of supporting a vegetative
cover.
c) Erosion features such as rills, gullies, etc. must be graded out of the surface before
the soil cover( s) and transition mat deployment. Smooth roll drum compaction may
be required before deploying the soil cover and transition mat to make sure they
maintain intimate contact with the soil.
d) Anchor trenches, termination trenches and longitudinal anchor trenches for the
chosen soil cover material shall be installed per manufacturer’ s recommendations.
e) Prior to final placement of the transition mat and soil cover( s) the prepared surface
should be inspected and approved by the Engineer.
2. Installation
a) Soil cover(s) and transition mat’s are shown on the drawings to depict the locations
and portions of the work where they are to be installed. The transition mats shall be
placed on the soil cover( s) in such a manner as to produce a relatively planar
surface.
b) Each transition mat shall be placed longitudinally end to end (overlapped when
appropriate) in the configuration specified so as to incur minimal waste. All
placement of transition mat panels shall be in accordance with the manufacturer’ s
recommendations and the Contractor’ s approved shop drawings unless otherwise
specified by the Engineer.
c) When overlapping successive transition mat panels, the panels shall be overlapped
upstream over downstream, and/or upslope over downslope. Each transition mat
panel shall be secured to the soil cover( s)and ground with bullet anchors driven 12”
to 36” deep as per manufacturer’ s recommendation.
d) Install anchors at the recommended rate based upon manufacturer’ s requirements
for engineered hydraulic events and different soil types ( cohesive or non cohesive).
e) Care shall be taken during installation so as to avoid damage occurring to the soil
cover( s) and the transition mat as a result of the installation process. Should the soil
Page 3 of 3
SPECIAL PROVISION #14
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
SCOUR TRANSITION MAT
cover( s) material be damaged during installation, a soil cover( s) patch shall be
installed extending 3’ beyond the perimeter of the damaged area. New transition mat
panels and anchors shall be placed over the damaged area when the damaged
transition mat material cannot be reused.
f) The designated soil cover( s) material shall always be installed under the transition
mats and may extend downstream of the transition mat panels the distance and
width specified for each location in the plans. Soil cover( s) shall be installed both per
the manufacturer’ s specifications and per the transition mat specifications.
METHOD OF MEASUREMENT. Scour Transition Mat will be measured by the square foot (SF)
basis of completed in place Scour Transition Mat.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above
will be paid at the contract unit price shown below, which price shall be full compensation for
furnishing all materials, equipment, tools, labor and incidentals necessary to complete the work
as described herein and shown in the Construction Plans.
Payment will be made under:
Pay Item Pay Unit
Scour Transition Mat SF
Page 1 of 1
SPECIAL PROVISION # 15
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
P.C.C. PAVEMENT (6" UNIFORM THICKNESS), INCLUDING MONOLITHIC CURB (TYPE A)
DESCRIPTION. This item shall consist of Portland Cement Concrete ( P.C.C.) Pavement
constructed in one course on the prepared subgrade or on a completed and accepted base
course according to these specifications and conforming to the lines, grades, thickness, and
details shown in the plans.
MATERIALS AND CONSTRUCTION REQUIREMENTS.
P.C.C. Pavement shall comply with the City of Fayetteville Standard Specifications for Street
and Drainage Construction.
Specific sections are (but not limited to):
Section 107. Quality Control, for all submittal, testing, observation and inspection
requirements.
Section 601, Cast-in-Place Concrete, for specific concrete material and construction
requirements.
Section 602, Reinforcing Steel, for dowel bars and tie bars where shown in the plans
and details.
Concrete shall be Class 1.
Finishing for concrete surfaces shall be as follows:
Class 5 Tined Finish for travel lanes (from face-of-curb to face-of-curb)
Class 6 Broomed finish for curbs.
METHOD OF MEASUREMENT. Measurement will be made by the square yard ( SY)
basis of completed in place concrete at the unit price listed on the Unit Price Schedule.
Measurement will extend from Back-of-Curb to Back-of-Curb across the width of the roadway
and along the centerline alignment as described on the plans. No separate measurement shall
be made for joint reinforcement ( tie bars and/or dowels), joint filler, backer rod, joint sealant or
any other incidental material required to complete the concrete paving.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above
will be paid for at the contract unit price shown below, which price shall be full compensation for
furnishing all materials, equipment, tools, labor and incidentals necessary to complete the work
as described herein and shown in the Construction Plans.
Payment will be made under:
Pay Item Pay Unit
P.C.C. Pavement ( 6” Uniform Thickness), including SY
Monolithic Curb ( Type A)
Page 1 of 3
SPECIAL PROVISION # 16
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
U OF A PROPERTY CONSTRUCTION
DESCRIPTION. This item shall consist of construction items proposed on U of A (University of
Arkansas) property as shown on the construction plans. Items generally include those
necessary to remove and reconstruct the driveway, and parking lot, as well as miscellaneous
items needed to relocate signs, fences and light poles and sidewalks.
CONSTRUCTION REQUIREMENTS.
U of A Property – Apron ( Pavers)
Construction for U of A Property -Apron shall be in accordance with the plans and
details.
o Pavers shall be Hanover 5”x12”x3” Asphalt Pavers, Matrix A80010 with
Ground Finish.
o 1” Thick Sand Bed shall be per manufacturer’ s recommendations
o 6” Thick concrete base shall be Class 1 Concrete per City of Fayetteville
Standard Specifications for Street and Drainage Construction.
o 4” Thick Aggregate Base Course ( CL. 7) per City of Fayetteville Standard
Specifications for Street and Drainage Construction.
o Contractor shall submit material cut sheets for review and approval prior to
ordering material.
U of A Property – Modified Curb ( 2”)
U of A Property – Concrete Curb and Gutter ( Type A)
U of A Property – Flush Concrete Header
U of A Property – 8” Depth Aggregate Base
U of A Property – 3” Thickness ACHM Surface Course
U of A Property – Prime Coat
U of A Property – 6” Concrete Sidewalk Thru Driveway
U of A Property – Concrete Sidewalk with Turn Down Edge
Construction shall be in accordance with the plans and details.
o Class 1 Concrete per City of Fayetteville Standard Specifications for Street
and Drainage Construction.
Page 2 of 3
SPECIAL PROVISION # 16
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
U OF A PROPERTY CONSTRUCTION
U of A Property – Relocate Light Pole
Contractor shall coordinate with the University of Arkansas and the Owner to
relocate the existing parking lot light pole to a new location.
The contractor shall take care to preserve all existing materials during removal of the
existing light pole.
Materials that are not in a condition to be moved or materials that are damaged
during removal shall be evaluated in the field and replaced by serviceable material of
the same type and size.
Replacement material shall be furnished by the Contractor and be satisfactory to the
Engineer.
The existing foundation shall be removed.
Conduit shall be cut at the edge of the excavation needed to remove the foundation.
Conduit shall then be extended to the new foundation location.
Conductors shall be removed an new conductors shall be installed from the nearest
light pole. No splicing will be allowed.
A new foundation shall be constructed matching the size, and dimensions of the
existing foundation, including anchor bolts. Exact location to be determined in the
field with coordination from the University of Arkansas and the Engineer. Location
will be within the project limits.
The existing pole and fixture shall be installed on the new foundation and tested to
ensure functionality.
Any materials or fixtures damaged during removal, storage or reinstallation shall be
evaluated and replaced as determined by the engineer at no cost to the owner.
U of A Property – Chain Link Security Fence
Contractor shall coordinate with the University of Arkansas and the Owner prior to
removal and relocation of existing chain link security fence.
The contractor shall take care to preserve all existing materials during removal of the
existing fence.
Materials that are not in a condition to be moved or materials that are damaged
during removal shall be evaluated in the field and replaced by serviceable material of
the same type and size. Including footings and/or foundations.
Replacement material shall be furnished by the Contractor and be satisfactory to the
Engineer.
Utilizing existing materials where possible the contractor shall reinstall the fence in
locations shown on the plan.
Where posts or other materials are not suitable for reuse, new materials shall be
provided that match the existing materials and sizes.
Page 3 of 3
SPECIAL PROVISION # 16
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
U OF A PROPERTY CONSTRUCTION
New corner posts shall be installed where the new fence is shown to connect to
existing.
All new posts shall be set in concrete 1’ diameter x 3’ deep.
METHOD OF MEASUREMENT. The method of measurement for various bid items under this
special provision will be as shown below at the unit price listed on the Unit Price Schedule.
The measurement for U of A Property -Apron ( Pavers) shall include the pavers, sand setting
bed, 6” thick concrete, 4” crushed aggregate base course, and all necessary subgrade
preparation.
The measurement for U of A Property – Relocate Light Pole shall include all materials and labor
to provide a complete and operational parking lot light pole in a new location, and to remove all
foundations, equipment and materials from the existing location.
The measurement for U of A Property – Chain Link Security Fence shall include all materials
and labor to provide a complete fencing system of the same style and type that currently exists.
BASIS OF PAYMENT. Work completed and accepted and measured will be paid for as at the
contract unit price shown below, which price shall be full compensation for furnishing and
installing all materials and for all labor, equipment, tools, and incidentals necessary to complete
the work as described herein and shown in the Construction documents.
Measurement and Payment will be made under:
Pay Item Pay Unit
U of A Property – Apron ( Pavers) SF
U of A Property – Modified Curb ( 2”) LF
U of A Property – Concrete Curb and Gutter ( Type A) LF
U of A Property – Flush Concrete Header LF
U of A Property – 8” Depth Aggregate Base SY
U of A Property – 3” Thickness ACHM Surface Course TON
U of A Property – Prime Coat SY
U of A Property – 6” Concrete Sidewalk Thru Driveway SY
U of A Property – Concrete Sidewalk with Turn Down Edge SY
U of A Property – Relocate Light Pole EA
U of A Property – Chain Link Security Fence LF
Page 1 of 2
SPECIAL PROVISION #17
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
McCAIN ATC eX2 NEMA CONTROLLER TS2-TYPE 2
DESCRIPTION. This item shall consist of furnishing and installing at locations shown on the
plans or as directed, McCain ATC eX2 NEMA Controller TS2-TYPE 2. All requirements of
Standard Specifications for Highway Construction, Edition of 2014, Division 700 Traffic Control
Facilities, and specifically Section 701 Actuated Controller, shall apply.
Portions of the standard specifications may be superseded by these special provisions.
A. General. The system consists of an McCain ATC eX2 NEMA Controller TS2-TYPE 2
traffic control system. All equipment shall be completely compatible with the traffic
control system, hardware and software.
MATERIALS AND CONSTRUCTION. ( Other Special Provisions in this contract may also
apply). The cabinet facilities and installation, in addition to standard requirements for Section
701 Actuated Controller, shall incorporate the provisions listed in this special provision in order
to accomplish the following:
A. Expandability. All traffic controllers ( timers) shall be not less than 8 Phases. This does
not apply to cabinet facilities and conflict monitor which shall conform to the summary of
quantities or other provisions in this contract. Detector wiring harnesses or rack mount
detector channel slots shall, as a minimum, be wired for future connection for the
number of phases as described in the Summary of Quantities or plan sheets ( whichever
is greater); for a minimum of 8 system detectors; or as governed by other provisions in
this contract.
B. Controller Manuals and Documentation. All documentation and software shall be
provided a minimum of 14 calendar days before commencement of the 30-day trial
period. The 30-day trial period will not start until this as well as other requirements for
system operation have been met. Controller manuals ( software and software manuals),
must be provided 14 calendar days prior to placing intersection into operation.
Two sets ( no photo-copies) of controller manuals shall be provided, one copy to the City
or County and one copy to the Department’ s Maintenance Division.
C. System Timing and Operation Test. The 30-day performance test shall not commence
on any portion of the system until all test have been performed by the contractor to the
satisfaction of the Engineer in the presence of the Department. Timing data will be
provided by the Department’ s Maintenance Division. The contractor shall give the
Engineer a minimum of 14 calendar days’ notice to requiring timing data for testing and
setup. Contractor shall be responsible for verification that data provided shall be
functional and shall notify the Department’ s Maintenance Division of any changes
necessary prior to installation.
In the event that the contractor is not qualified to perform these test and verification,
contractor will be responsible for seeing that a manufacturer’ s representative is present
on the day of testing.
Page 2 of 2
SPECIAL PROVISION #17
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
McCAIN ATC eX2 NEMA CONTROLLER TS2-TYPE 2
METHOD OF MEASUREMENT. Completed and accepted items will be measured as follows:
A. McCain ATC eX2 NEMA Controller TS2-TYPE 2 will be measured by the unit.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above
will be paid at the contract unit price shown below, which price shall be full compensation for
furnishing all materials, equipment, tools, labor and incidentals necessary to complete the work
as described herein and shown in the Construction Plans.
Payment will be made under:
Pay Item Pay Unit
McCain ATC eX2 NEMA Controller TS2-TYPE 2 EA
Page 1 of 3
SPECIAL PROVISION # 18
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
HYBRID VIDEO/RADAR DETECTION SYSTEM
Section 733 Video Detector with Radio Interface of the Standard Specifications for Highway
Construction, Edition of 2014, is hereby amended as follows:
Subsection 733.01, Description. is deleted and the following substituted therefore:
This item consists of furnishing and installing a Multi-Sensor Detection System ( MSDS),
Central Control Unit ( CCU), Video Cable, Video Monitor, Communication Interface, 8 Port
SDLC Hub, harness, any hardware or accessories required, and software in accordance
with these specifications, and modification or remote video monitoring site(s), at the
locations shown on the plans or as directed by the Engineer, for the purpose of providing
actuation to a traffic signal controller and for live video monitoring of traffic conditions at the
site.
The Hybrid Video/ Radar Detectors ( MSDS) shall utilize two different sensors of different
technologies, video imaging and radar, to detect and track vehicles on a lane-by-lane basis
at a distance up to 600 feet from the sensor, CCU, Video Cable, and other associated
equipment and shall detect vehicle information from the two sensors to provide highly
accurate and precise detection for simultaneous stop line presence, advanced, and special
detection by the means described, process the information and provide vehicle actuation to
an actuated controller, system local controller, or other device as outlined in the plans or
Contract. In addition, where communications are specified, live video shall be transmitted
back to a central site by means of that communication. MSDS equipment and its associated
components shall also meet the environmental and electrical requirements in Section 701.
Subsection 733.02, Materials is hereby amended by adding the following:
h) Hybrid/Video Detector – The Hybrid/Video Detector( s) shall consist of the following:
Iteris Vantage Next Video Detector
Iteris Vantage Vector Hybrid Detector
i) Central Control Unit – The CCU shall consist of the following:
Iteris Vantage Next Shelf-Mount CCU
j) Video Cable (Exterior Cat 5E) -The Ethernet Cable shall consist of the following:
Shireen Item #DC-1021, CAT 5E Video Cable or Equal (Shielded)
The plug connectors shall follow the manufacturer’ s instructions to insure proper
connection.
Page 2 of 3
SPECIAL PROVISION # 18
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
HYBRID VIDEO/RADAR DETECTION SYSTEM
k) Video Monitor – Where called or in the plans, a video monitor consisting of the following
shall be provided:
INVID TECH, IMHD-10, HDMI Video Monitor
l) 8 Port SDLC Hub – An 8 port SDLC hub shall be provided to support all needs of the
system. The 8 port SDLC hub as be compatible with TS-2 NEMA cabinets. The 8 port
SDLC hub shall be supplied from the same manufacturer as the detectors.
m)Harness – This shall be any harness or wiring for the system to work properly. Any
harness used shall be supplied from the same manufacturer as the detectors.
n) Manufacturer’s Warranty – The following shall be provided:
The supplier shall provide a limited three-year warranty and shall apply with time
extensions applied to materials. The contractor shall provide a written
manufacturer’ s guarantee to the Agency ( City, County or etc.) who provides
electrical service and maintenance of the intersection.
During the warranty period, technical support shall be available from the supplier
via telephone with 4 business hours of the time a call is made by the user, and
this support shall be available from factory-certified personnel or factory-certified
installers.
The supplier shall maintain an adequate inventory of parts to support
maintenance and repair of the detection system.
During the warranty period, updates to the system software shall be available
from the supplier without charge.
Subsection 733.03 Construction Requirements ( C) Software is hereby deleted and the
following substituted therefore: Subsection 733.03 Construction Requirements ( C) Software is
hereby deleted and the following substituted:
C) Software – Software required for monitoring, setup, and programming of the system
shall be supplied as subsidiary to this special provision for the item “ Iteris Vantage Next
Shelf-Mount CCU”, of the number of channels specified. Two licensed copies shall be
required for the job. Software shall be Windows based and operate from and IBM
compatible, laptop with Windows XP or later operating system. If other programming
devices are required, one unit shall be supplied and shall be considered subsidiary to
this special provision.
Page 3 of 3
SPECIAL PROVISION # 18
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
HYBRID VIDEO/RADAR DETECTION SYSTEM
Subsection 733.04 Method of Measurement is hereby amended by adding the following:
i) Iteris Vantage Next Video Detector shall be measured by the unit.
j) Iteris Vantage Vector Hybrid Detector shall be measured by the unit
k) Iteris Vantage Next Shelf-Mount CCU
l) Shireen Item #DC-1021, CAT 5E Video Cable or Equal (Shielded) shall be measured by
the linear foot.
m) Invid Tech, IMHD-10, HDMI Video Monitor shall be measured by the unit.
n) 8 Port SDLC Hub is included in other items of the contract.
o) Harness is included in other items of the contract.
Subsection 733.05 Basis of Payment. is hereby amended by adding the following:
Work completed and accepted under this item and measured as provided above, shall be paid
for at the contract unit price as shown below; which price shall be full compensation for
providing and installing the device, wiring, configuring, and testing the device; and shall also be
for all labor, equipment, tools, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Iteris Vantage Next Video Detector Each
Iteris Vantage Vector Hybrid Detector Each
Iteris Vantage Next Shelf-Mount CCU Each
Shireen Item #DC-1021, CAT 5E Video Cable or Equal (Shielded) Linear Foot
Invid Tech, IMHD-10, HDMI Video Monitor Each
Page 1 of 2
SPECIAL PROVISION # 19
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
EMERGENCY BATTERY BACKUP SYSTEM INSTALLATION
1. DESCRIPTION. This item consists of installing an Emergency Battery Backup System
BBS) with fully conditioned power, for a traffic signal control and communications
equipment with batteries, mounted inside a separate equipment cabinet of the type and size
called for at the location shown on the plans, or as directed by the Engineer, and shall
conform to the following specifications. Power output to equipment shall be fully conditioned
whether operating on line voltage or battery backup. No meter base is required.
2. MATERIALS. The Battery Backup System ( BBS) shall consist of the following:
TESCO Class 22 Battery Backup System.
A. Mounting and Configuration.
1. A mounting pad shall be constructed as shown on the plans.
2. The complete BBS, including batteries, shall fit inside a typical, fully equipped and
approved stand-alone cabinet on a separate mounting pad. This cabinet/ enclosure
shall include vent, fan and thermostat.
B. Maintenance, Displays, Controls and Diagnostics.
1. Manufacturer shall include a set of equipment lists, operation and maintenance
manuals, and board-level schematic and wiring diagrams of the BBS, and the battery
data sheets.
C. Quality Assurance.
1. Each system shall be visually inspected for any exterior physical damage or
assembly anomalies. Any defects shall be cause for rejection.
3. CONSTRUCTION REQUIREMENTS. The BBS shall be installed on a separated mounting
pad in the vicinity of the service point and controller cabinet as shown on the plans.
4. METHOD OF MEASUREMENT. Battery Backup System Installation will be measured by
the unit.
Page 2 of 2
SPECIAL PROVISION # 19
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
EMERGENCY BATTERY BACKUP SYSTEM INSTALLATION
5. BASIS OF PAYMENT. Work completed and accepted under this item and measured as
provided above will be paid for at the contract unit price bid for each Battery Backup System
Installation; which price shall be full compensation for furnishing the cabinet and battery
backup system; for mounting of the cabinet; for installing, wiring, and testing the battery
backup system; for excavation and backfilling; for construction of the mounting pad; and for
all materials, labor, equipment, tools, and incidentals necessary to complete the work.
Payment shall be made under:
Pay Item Pay Unit
TESCO Class 22 BBS ( Battery Backup System) EA
02-13-2003 Page 1 of 4
04-14-2005 Rev., 02-27-2014 Rev.
01-05-2017 Rev., 02-23-2017 Rev.
11-16-2017 Rev., 12-07-2017 Rev.
02-26-2018 Rev., 12-06-2018 Rev.
10-17-2022 Rev., 02-12-2024 Rev.
SPECIAL PROVISION # 20
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
LED TRAFFIC SIGNAL HEAD
1. DESCRIPTION. This item shall consist of furnishing and installing 300 mm ( 12") diameter
Traffic Signal Heads and components based on Light Emitting Diode ( LED) technology
according to these specifications as well as Section 706 Traffic Signal Head of the
Standard Specifications for Highway Construction, Edition of 2014, to approval of the
engineer. Portions of the standard specifications will be superseded by these special
provisions.
2. MATERIALS. The LED modules shall be suitable for span wire and mast arm mounted
signals. Units must meet the following specifications to be accepted.
A) Physical and Mechanical. LED traffic signal modules designed shall not require
special tools for installation. Retrofit replacement LED signal modules shall fit into
existing traffic signal housings built to the VTCSH Standard without modification to the
housing. Installation of a retrofit replacement LED signal module into an existing signal
housing shall only require the removal of the existing optical unit components, i.e.,
lens, lamp, and gaskets; shall be weather tight and fit securely in the housing; and
shall connect directly to existing electrical wiring utilizing spade connectors. It shall not
be necessary to remove reflector or lamp module. Reflector and lamp module is not
required where new housings are provided.
B) Optical Requirements. The RED and GREEN modules shall be measured per ITE
specifications and are required to meet luminous values that are a minimum of 115
percent greater than the required minimum values in the specifications at the time of
production. The YELLOW modules shall be tested for luminous output at 25°C,
allowing the modules to achieve thermal equilibrium for 60 minutes, while the modules
are energized at nominal operating voltage, at a 8.3% ( or 1/12) duty cycle or 5 sec
on/55 sec off). The yellow modules shall meet all other ITE specifications.
C) Optical Unit. LED signal modules shall meet the following requirements:
Optical unit replacement -The LED module shall be constructed to allow the
replacement of the outer lens and/or the light engine when needed.
Lens Surface -The external lens shall be smooth on the outside to prevent excessive
dirt/dust buildup.
Tinting -The RED, YELLOW and optionally on GREEN lens shall be tinted or shall
use transparent film or materials with similar characteristics.
Chromaticity -The measured coordinates of LED signal modules shall conform to the
chromaticity requirements of Section 8.04 and Figure 1 of the VTCSH standard.
Environment -The LED signal module shall be rated for use in the ambient operating
temperature range, measured at the exposed rear of the module, of -40° C (-40° F) to
74°C (+165° F). The LED sign module shall be protected against dust and moisture
intrusion per the requirements of NEMA Standard 250-1991, sections 4.7.2.1 and
02-13-2003 Page 2 of 4
04-14-2005 Rev., 02-27-2014 Rev.
01-05-2017 Rev., 02-23-2017 Rev.
11-16-2017 Rev., 12-07-2017 Rev.
02-26-2018 Rev., 12-06-2018 Rev.
10-17-2022 Rev., 02-12-2024 Rev.
SPECIAL PROVISION # 20
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
LED TRAFFIC SIGNAL HEAD
4.7.3.2, for Type 4 enclosures to protect all internal LED, electronic, and electrical
components. The LED signal module lens shall be UV Stabilized.
Preassembly -The LED signal module shall be a single, self-contained device, not
requiring on-site assembly for installation into an existing traffic signal housing. The
power supply for the LED signal module may be either integral or packaged as a
separate module. The power supply may be designed to fit and mount inside the traffic
signal housing adjacent to the LED signal module. The assembly and manufacturing
process for the LED signal assembly shall be designed to assure all internal LED and
electronic components are adequately supported to withstand mechanical shock and
vibration from high winds and other sources.
LED Drive Circuitry ( parallel) -The individual LED light sources shall be wired so
that a catastrophic failure of one LED light source will result in the loss of only that one
LED light source, and the loss of no more than 1% of the total LED’S within the LED
signal module.
Material Composition -Materials used for the lens and signal module construction
shall conform to ASTM specification for the materials where applicable. Enclosures
containing either the power supply or electronic components of the signal modules
shall be made of UL94VO flame retardant materials. The lens of the signal module is
excluded from this requirement.
Identification Markings -Each individual LED signal module shall be identified for
warranty purposes. Each LED signal module shall be identified on the backside with
the manufacturer’ s name and serial number. The following operating characteristics
shall be identified: nominal operating voltage, power consumption, and Volt-Ampere.
Modules shall have a prominent and permanent vertical indexing indicator, i.e. UP
ARROW or the word UP or TOP, for correct indexing and orientation inside a signal
housing. Modules conforming to this specification may have the following
statement: “ Manufactured in Conformance with the Interim Purchase Specification of
the ITE for LED vehicle Traffic Signal Modules” on an attached label.
The first sentence of Subsection 706.02, Materials. ( d) is deleted and the following
substituted therefore:
The Contractor shall furnish and install the proper signs adjacent to signal heads
controlling an exclusive left turn lane:
Traffic Signal Head ( 3 Sec., 1-Way) ( Red Arrow, Yellow Arrow, and Green Arrow)
for protect only shall include a MUTCD R10-10 sign ( 30” x 36”) ( LEFT TURN
SIGNAL).
Traffic Signal Head ( 3 Sec., 1-Way) ( Red Arrow, Yellow Arrow, and Flashing
Yellow Arrow) for permitted only shall include a MUTCD R10-12a sign (30” x 36”)
LEFT TURN YIELD ON FLASHING YELLOW ARROW).
02-13-2003 Page 3 of 4
04-14-2005 Rev., 02-27-2014 Rev.
01-05-2017 Rev., 02-23-2017 Rev.
11-16-2017 Rev., 12-07-2017 Rev.
02-26-2018 Rev., 12-06-2018 Rev.
10-17-2022 Rev., 02-12-2024 Rev.
SPECIAL PROVISION # 20
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
LED TRAFFIC SIGNAL HEAD
Traffic Signal Head ( 4 Sec., 1-Way) ( Red Arrow, Yellow Arrow, Flashing Yellow
Arrow, and Green Arrow) for protected-permitted shall include a MUTCD R10-
12a sign (30” x 36”) (LEFT TURN YIELD ON FLASHING YELLOW ARROW).
Traffic Signal Head ( 5 Sec., 1-Way) ( Red Ball, Yellow Ball, Green Ball, Yellow
Arrow, and Green Arrow) for protected-permitted shall include a MUTCD R10-12
sign (30” x 36”) (LEFT TURN YIELD ON GREEN (symbolic green ball)).
The sign type, size, and layout for any additional signs shall be furnished and installed
as shown in the plans. All signs shall comply with Section 723. Unless otherwise
specified, the sheeting shall be by Type III or IV.
E) Manufacturer’ s Warranty. The standard contract warranty shall apply with time
extensions applied to materials. The contractor shall provide a written manufacturer’ s
guarantee to the Agency ( City, County or etc.) who provides electrical service and
maintenance of the intersection. Warranty shall provide the following stipulations:
Isolated Failures Warranty Period not less than 7 Years
Design Failure Warranty Period not less than 5 Years
Warranty for isolated lens failure shall include replacement LED module at no cost for
materials and shipping for a period of 7 years from the date the intersection is
considered substantially complete by the engineer. An LED module shall be
considered failed when the luminosity drops below the ITE requirements listed above.
A product “ Design Failure” is considered to have occurred if, within a period of 5 years
or less, a total of ten percent ( 10%) of the LED modules supplied on a particular Job
are considered failed as described above. The supplier shall then “ recall” the entire
shipment at no cost to the agency maintaining the equipment. This shall include labor
and equipment necessary to replace the units.
3. CONSTRUCTION REQUIREMENTS. Construction shall be in accordance with the
standard specifications. No distinction is made for span-wire installations, post mount, mast
arm mount, or other mounting methods as described on the plan sheet( s).
Whether complete head assembly is replaced, or existing head is retrofitted with new
lenses, contractor shall be responsible for aligning head properly with approach lanes. This
does not include relocating head and bracket but adjusting the alignment of the head to
achieve maximum visibility to motorists.
4. METHOD OF MEASUREMENT. Units are bid as “3 Section”, “ 4 Section” or “5 Section”. A 3
Section unit consists of one each: Red Ball, Yellow Ball, and Green Ball or Red Arrow,
Yellow Arrow, and Green Arrow or Red Arrow, Yellow Arrow, and Flashing Yellow Arrow. A
4 Section unit consists of one each: Red Ball, Yellow Ball, Green Ball, and Green Arrow or
Red Arrow, Yellow Ball, Flashing Yellow Arrow, and Green Arrow. A 5 Section unit consists
02-13-2003 Page 4 of 4
04-14-2005 Rev., 02-27-2014 Rev.
01-05-2017 Rev., 02-23-2017 Rev.
11-16-2017 Rev., 12-07-2017 Rev.
02-26-2018 Rev., 12-06-2018 Rev.
10-17-2022 Rev., 02-12-2024 Rev.
SPECIAL PROVISION # 20
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
LED TRAFFIC SIGNAL HEAD
of one each: Red Ball, Yellow Ball, Green Ball, Yellow Arrow, and Green Arrow. No
distinction shall be made in the unit based on the orientation of the arrow indications.
A. Traffic Signal Head, LED. Work completed and accepted and measured as provided
above will be measured by unit.
B. Traffic Signal Head, LED Lens, Retrofit ( Ret). Work completed and accepted and
measured as provided above will be measured by unit.
5. BASIS OF PAYMENT.
A. LED Traffic Signal Head. Work completed and accepted and measured as provided
above will be paid for at the contract unit price bid per each for Traffic Signal Head, LED
of the type, display and size specified, which price shall be full compensation for
furnishing and installing all materials and signs; and for all labor, equipment, tools, and
incidentals necessary to complete the work.
B. LED Traffic Signal Lens Ret. Work completed and accepted and measured as
provided above will be paid for at the contract unit price bid per each for Traffic Signal
Head, LED Lens, Retrofit of the type, number of sections, color and display specified,
which price shall be full compensation for removing existing unnecessary hardware and
modifying existing housing; and for furnishing and installing all materials; and for all
labor, equipment, tools, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Traffic Signal Head, LED, (___ Section, 1 Way) Each
Traffic Signal Head, LED Lens, Retrofit (___ Section, 1 Way) Each
Page 1 of 2
SPECIAL PROVISION #22
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
LED COUNTDOWN PEDESTRIAN SIGNAL HEAD
1. DESCRIPTION. This item shall consist of furnishing and installing Countdown Pedestrian
Signal Heads and components based on Light Emitting Diode ( LED) technology according
to these specifications as well as Section 707 Pedestrian Signal Head of the Standard
Specifications for Highway Construction, Edition of 2014, subject to approval of the
engineer. The basic configuration consists of the “ filled”, symbolic single section design.
Portions of the standard specifications will be superseded by these special provisions.
2. MATERIALS. The LED Countdown Pedestrian Signal Head shall consist of the following:
Eagle 16” Countdown Pedestrian Signal Head ( LED)( Aluminum).
A) Physical and Mechanical. LED pedestrian signal modules designed shall not require
special tools for installation. Retrofit replacement LED signal modules shall fit into
existing pedestrian signal housings built to the VTCSH Standard without modification to
the housing. Installation of a retrofit replacement LED signal module into an existing
signal housing shall only require the removal of the existing optical unit components,
i.e., lens, lamp, and gaskets; shall be weather tight and fit securely in the housing; and
shall connect directly to existing electrical wiring utilizing spade connectors. It shall not
be necessary to remove reflector or lamp module. Reflector and lamp module is not
required where new housings are provided.
The countdown feature will be displayed only during the flashing “ Don’t Walk” segment
of the pedestrian phase. This feature should be able to restart at the correct part of the
signal cycle after a power outage or a signal pre-emption has been activated.
B) Identification Markings -Each individual LED signal module shall be identified for
warranty purposes. Each LED signal module shall be identified on the backside with the
manufacturer’ s name and serial number. The following operating characteristics shall
be identified: nominal operating voltage, power consumption, and Volt-Ampere.
Modules shall have a prominent and permanent vertical indexing indicator, i.e. UP
ARROW or the word UP or TOP, for correct indexing and orientation inside a signal
housing. Modules conforming to this specification may have the following statement:
Manufactured in Conformance with the Interim Purchase Specification of the ITE for
LED vehicle Pedestrian signal Modules” on an attached label.
C) Manufacturer’s Warranty. The standard contract warranty shall apply with time
extensions applied to materials. The contractor shall provide a written manufacturer’ s
guarantee to the Agency ( City, County or etc.) who provides electrical service and
maintenance of the intersection. Warranty shall provide the following stipulations:
Isolated Failures Warranty Period not less than 7 Years
Design Failure Warranty Period not less than 5 Years
Warranty for isolated lens failure shall include replacement LED module at no cost for
materials and shipping for a period of 7 years from the date the intersection is
considered substantially complete by the engineer. An LED module shall be considered
failed when the luminosity drops below the ITE requirements listed above.
A product “ Design Failure” is considered to have occurred if, within a period of 5 years
or less, a total of ten percent ( 10%) of the LED modules supplied on a particular Job are
Page 2 of 2
SPECIAL PROVISION #22
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
LED COUNTDOWN PEDESTRIAN SIGNAL HEAD
considered failed as described above. The supplier shall then “ recall” the entire
shipment at no cost to the agency maintaining the equipment. This shall include labor
and equipment necessary to replace the units.
3. CONSTRUCTION REQUIREMENTS. Construction shall be in accordance with the
standard specifications. No distinction is made for span-wire installations, post mount, mast
arm mount, or other mounting methods as described on the plan sheet( s).
4. METHOD OF MEASUREMENT.
A. Eagle 16” Countdown Pedestrian Signal Head ( LED) ( Aluminum). Work completed
and accepted and measured as provided above will be measured by unit.
5. BASIS OF PAYMENT.
A. Eagle 16” Countdown Pedestrian Signal Head ( LED) ( Aluminum). Work completed
and accepted and measured as provided above will be paid for at the contract unit price
bid as shown below, which price shall be full compensation for furnishing and installing
all materials and signs; and for all labor, equipment, tools, and incidentals necessary to
complete the work.
Payment will be made under:
Pay Item Pay Unit
Eagle 16” Countdown Pedestrian Signal Head ( LED) ( Aluminum) EA
05-30-1995 Page 1 of 1
12-31-1997 Rev., 02-06-2003 Rev.
01-13-1998 Rev., 02-20-2003 Rev.
12-16-2016 Rev., 11-16-2017 Rev.
07-18-2018 Rev., 12-06-2018 Rev.
12-01-2020 Rev., 10-17-2023 Rev.
SPECIAL PROVISION # 23
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
ELECTRICAL CONDUCTORS-IN-CONDUIT (TRAFFIC SIGNAL)
DESCRIPTION. This item consists of furnishing and installing electrical conductors from point
to point as indicated on the plan sheets.
MATERIALS. The electrical conductors shall consist of cables of the gauge and number of
conductors specified on the plan sheets and shall be USE rated ( single conductor) or UF rated
two conductor) with cross-link polyethylene ( XLP) insulation, 600-volt rating, and suitable for
underground duct installation in wet or dry locations. Electrical conductors shall be UL Listed,
and shall comply with ASTM B3, B8, B787, and UL Standard 854. Multiple single conductor
cables shall not be twisted. Electrical conductors shall be solid or stranded copper unless
otherwise approved by the Engineer.
Where specified " With Ground" ( WG), included shall be a copper safety ground of either bare
copper or green insulated; of not less than two sizes less than the load carrying conductors,
whichever is greater.
Where specified " Equipment Ground Conductor" ( E.G.C.), conductor shall be a copper safety
ground of either bare copper or green insulated of the size and quantity shown.
CONSTRUCTION REQUIREMENTS. Splices are allowed at pole bases or as approved by the
Engineer. Unless waterproof quick disconnects are used, splicing methods considered
acceptable are: Soldered, compression connectors of proper size employing cyclic crimping
devices, terminal strips, or other method approved by the Engineer. Splices on terminal strips
shall utilize proper spade lugs. All splices shall be waterproof. When taping is required, the wire
shall be covered with six ( 6) layers of plastic electrical tape and sealed with " Scotch-Coat" or
other similar electrical sealing material. Where wire nuts are used, soldering, taping and sealing
is still required. Electrical insulating putty may be used to round off sharp corners of wire or
connectors before applying tape. Slack cable ( 3 ft. min.) shall remain at each splice location.
METHOD OF MEASUREMENT. Electrical Conductors-In-Conduit shall be measured by the
linear foot. Multiple conductors shall be measured together, not measured singularly.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above will be
paid for at the contract unit price bid per linear foot for Electrical Conductors-In-Conduit of the
type and size called for on the plans, which price shall be full compensation for furnishing
materials, splicing, and connections and for all tools, equipment, labor, and incidentals
necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Electrical Conductors-In-Conduit ( _ c/_ A.W.G.,_) Linear Foot
Page 1 of 1
SPECIAL PROVISION # 24
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
LED LUMINAIRE ASSEMBLY
1. DESCRIPTION. This work shall consist of furnishing and installing LED luminaire assemblies
on traffic signal poles, including the accessories, in accordance with these specifications and
at the locations shown on the plans or as directed.
2. MATERIALS AND CONSTRUCTION REQUIREMENTS.
A. Luminaire. Each luminaire assembly shall consist of a Autobahn Series ATBM P40 LED
Luminaire Assembly.
3. METHOD OF MEASUREMENT. Completed and accepted Autobahn Series ATBM P40 LED
Luminaire Assembly will be measured by the unit.
4. BASIS OF PAYMENT. Work completed and accepted under this item and measured as
provided above shall be paid for at the contract unit price bid for each Autobahn Series ATBM
P40 LED Luminaire Assembly, which price shall be full compensation for furnishing and
installing the luminaires, lamps of the type described herein, driver, photocell, and all
materials, equipment, tools, labor, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Autobahn Series ATBM P40 LED Luminaire Assembly EA
12-16-1993 Page 1 of 2
06-05-2013 Rev.
01-05-2017 Rev.
11-16-2017 Rev.
04-27-2018 Rev.
12-06-2018 Rev.
SPECIAL PROVISION # 25
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
SERVICE POINT ASSEMBLY
TRAFFIC CONTROL DEVICES)
DESCRIPTION. This item consists of furnishing and installing a distribution panel, circuit
breaker, lightning arrestor, weatherhead, clamps, wiring, ground rod, and miscellaneous fittings
at locations designated on the plans and in accordance with the latest version of the National
Electrical Code.
Lightning arrestor shall be SPD Type 2 (load side) per NEC and UL Code 1449.
All construction and wiring shall be in compliance with local electrical codes. The Contractor
shall perform all necessary liaisons with local power companies in order to ascertain such
specific requirements as the power company may apply to each location.
MATERIALS AND CONSTRUCTION REQUIREMENTS. Height of the service riser
weatherhead shall be 20 feet or greater depending on street crossings or other obstructions,
unless otherwise approved by the Engineer.
The required weatherhead, conduit nipples, couplings, clamps and other fittings exposed to the
weather shall be hot dipped galvanized steel and shall be attached to the pole in such a manner
as to facilitate the final steel conduit connecting weatherhead. Service disconnect, distribution
cabinet and tie to underground circuits is paid for by Service Point Assembly. Galvanized steel
conduit for riser shall be paid as a separate item.
The Contractor shall furnish and install service feeder wire from the distribution cabinet to the
main breaker and from the main breaker past the weatherhead. Tie-in and splicing of the
service feeder wire to the secondaries supplied by the local utility will be performed by others
and shall not be considered a part of this contract. Grounding shall be as shown on the
Standard Drawing SD-9 (Service Point).
Mounted at the service location shall be NEMA 3R enclosure( s), circuit breaker, distribution
panel and main breaker of a design and model number suitable to the local power company and
as approved by the Engineer. The circuit breaker shall be magnetic trip only and sized in
accordance with the plans. If required, a meter base provided by the utility company shall be
installed above the distribution panel. All enclosures and circuit breakers shall be rated for 240
V.A.C. or greater, unless otherwise designated on the plan sheets. A 30 amp breaker shall be
provided.
Where lighting is included in the signal installation for intersection lighting, a 20 amp breaker
shall be provided.
The Contractor shall submit to the Engineer two ( 2) printed copies of the applicable brochures
containing the design criteria for the equipment which the Contractor proposes to install for
approval. The specific items that are proposed for use shall be clearly marked in the applicable
brochures. A list shall be attached to identify the item and contain the manufacturer, quantity,
12-16-1993 Page 2 of 2
06-05-2013 Rev.
01-05-2017 Rev.
11-16-2017 Rev.
04-27-2018 Rev.
12-06-2018 Rev.
SPECIAL PROVISION # 25
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
SERVICE POINT ASSEMBLY
TRAFFIC CONTROL DEVICES)
model, and identifying descriptions of each item. The items to be submitted: load centers and
enclosures, lightning arrestor, and all circuit breakers.
METHOD OF MEASUREMENT. Completed and accepted Service Point Assembly will be
measured by the unit.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above will be
paid for at the contract unit price bid each for Service Point Assembly for the number of circuits
specified, which price shall be full compensation for furnishing and installing a treated wood
pole, enclosure( s), circuit breaker( s), main breaker, distribution panel, steel conduit, conduit
fittings, wiring and ground rod; for testing the service point assembly; and for all materials,
equipment, tools, labor, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Service Point Assembly (____ Circuit( s)) Each
07-06-1995 Page 1 of 1
05-13-1999 Rev.
11-16-2017 Rev.
12-06-2018 Rev.
SPECIAL PROVISION #26
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
REMOVAL OF TRAFFIC SIGNAL EQUIPMENT
DESCRIPTION. Under this item, the contractor shall remove traffic signal heads, traffic signal
poles, traffic signal pole foundations, span wire assemblies, traffic controllers and all other
existing signal equipment at locations shown on the plans or as ordered by the Engineer.
MATERIALS. The contractor shall provide all equipment and tools necessary to remove the
signal equipment at locations shown on the plans or as designated by the Engineer.
CONSTRUCTION REQUIREMENTS. The contractor shall maintain the existing signal
operations as much as possible throughout construction until the completion of the contract.
Control of the intersection shall be by police officers, flagmen, or as determined by the Engineer
at anytime that the signals are not in operation.
The contractor shall remove the traffic signal pole foundations and all appurtenances such as
reinforcing steel, conduit, anchor bolts and cable to a depth of 18 inches below grade. The
concrete foundations shall be broken up and the material disposed of outside of the limits of the
project by the contractor. The contractor shall fill with earth all holes where concrete foundations
or wooden span wire poles have been removed under this item. The earth in the hole shall be
thoroughly compacted until it is as firm and unyielding as the surrounding material. Concrete or
asphalt surfaces shall be restored to existing conditions.
All equipment shall remain the property of the City and the contractor shall notify the City 24
hours in advance of the removal. All unused traffic signal equipment shall be removed and
returned to the city’s Traffic Shop located at 1525 S. Happy Hollow Road, Fayetteville, AR
72701.
METHOD OF MEASUREMENT. Removal of traffic signal equipment will be measured by the
lump sum.
BASIS OF PAYMENT. Work completed and accepted and measured as provided above will be
paid for at the contract lump sum price bid for Removal of Traffic Signal Equipment, which price
shall be full compensation for furnishing all materials, equipment, tools, labor, delivery of unused
equipment to the city traffic shop and incidentals necessary to complete the work as described
herein.
Payment will be made under:
Pay Item Pay Unit
Removal of Traffic Signal Equipment Lump Sum
04-18-1994 Page 1 of 1
02-24-2003 Rev.
02-27-2014 Rev.
12-16-2016 Rev.
11-16-2017 Rev.
12-06-2018 Rev.
08-02-2021 Rev.
SPECIAL PROVISION # 27
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
STREET NAME SIGN
MAST ARM MOUNTED)
DESCRIPTION. This item consists of furnishing and installing a Street Name Sign mounted on
a traffic signal mast arm at locations designated on the plan sheets or as directed by the
Engineer. All construction and materials shall be in accordance with the Standard Specifications
for Highway Construction, Edition of 2014, with applicable supplemental specifications.
MATERIALS AND CONSTRUCTION REQUIREMENTS. Contractor shall provide all mounting
hardware, sign blank, sheeting, tools, equipment and labor necessary to complete the
installation. Sign design and construction shall be as shown on the plan sheets or as directed by
the Engineer.
METHOD OF MEASUREMENT. Completed and accepted Street Name Sign shall be
measured by the unit.
BASIS OF PAYMENT. Work completed, accepted and measured as provided above will be
paid at the contract unit price bid for Street Name Sign which price shall be full compensation
for furnishing the sign, mounting hardware, equipment, tools, labor, and incidentals necessary to
complete the work.
Payment will be made under:
Pay Item Pay Unit
Street Name Sign Each
11-20-2008 Page 1 of 1
11-16-2017 Rev.
12-06-2018 Rev.
SPECIAL PROVISION #28
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
VIDEO DETECTOR ROTATION
DESCRIPTION. This item consists of rotating the existing video detectors to aim at new video
zones at various locations as shown on the plans and directed by the Engineer.
MATERIALS. No additional materials should be needed for the rotation.
METHOD OF MEASUREMENT. Video detector rotation shall be measured by the unit.
BASIS OF PAYMENT. Work completed, accepted and measured as provided above will be
paid for at the contract unit price bids for each video detector rotated; which price shall be full
compensation for equipment tools, and labor and incidentals necessary to complete the work.
Payment will be made under:
Pay item Pay Unit
Video Detector Rotation Each
10-18-2002 Page 1 of 2
02-06-2003 Rev.
02-18-2003 Rev.
01-17-2008 Rev.
12-16-2016 Rev.
11-16-2017 Rev.
12-06-2018 Rev.
SPECIAL PROVISION # 29
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
ELECTRICAL CONDUCTORS FOR LUMINAIRES (TRAFFIC SIGNAL)
DESCRIPTION. This item consists of furnishing and installing electrical conductors as noted on
the plans. This shall include conductors from the luminaire service point to the luminaire
disconnect point and from the luminaire disconnect point to luminaires mounted on the traffic
signal poles. Circuit breakers and weatherproof breaker boxes are considered subsidiary to
Electrical Conductors for Luminaires" and shall be provided and installed by the Contractor at
the luminaire disconnect point.
MATERIALS. The electrical conductors shall consist of two conductor cables (# 12 A.W.G.).
Electrical conductors shall be stranded or solid copper UF rated 600-volt, suitable for
underground duct installation in wet or dry locations. Electrical conductors shall comply to ASTM
Specification B3, B-8 or B-787. The insulation shall be a color coded premium grade flame
retardant PVC ( polyvinyl chloride). The jacket shall be polyamide nylon. Circuit breakers shall
be rated at 20 amps.
CONSTRUCTION REQUIREMENTS. The Contractor shall furnish and install a luminaire
disconnect ( 20-amp circuit breaker assembly and weatherproof box) at the location designated
on the plans that meets the requirements of the local utility company. The Contractor shall
connect the circuit breaker assembly to the line side of the service point supplying the controller.
Conductors for luminaires shall run directly from load side of luminaire disconnect to luminaires
mounted on signal poles. Disconnect or trip of luminaire disconnect shall not effect power to
controller. Luminaire disconnect shall be clearly labeled as "Street Light" circuit.
Splices are allowed at pole bases or as approved by the Engineer. Splicing methods considered
acceptable are: Soldered, compression connectors of proper size employing cyclic crimping
devices, terminal strips, or other method approved by the Engineer. Splices on terminal strips
shall utilize proper spade lugs. All splices shall be waterproof. When taping is required, the wire
shall be covered with six ( 6) layers of plastic electrical tape and sealed with " Scotch-Coat" or
other similar electrical sealing material. Where wire nuts are used, soldering, taping and sealing
is still required. Electrical insulating putty may be used to round off sharp corners of wire or
connectors before applying tape. Slack cable ( 3 ft. min.) shall remain at each splice location or
at end of luminaire arm when luminaire is not to be installed by contractor. Final connection of
power from the local utility to the service point will be made by others.
METHOD OF MEASUREMENT. Electrical Conductors for Luminaires will be measured by the
linear foot. Multiple conductors shall be measured together, not measured singularly.
10-18-2002 Page 2 of 2
02-06-2003 Rev.
02-18-2003 Rev.
01-17-2008 Rev.
12-16-2016 Rev.
11-16-2017 Rev.
12-06-2018 Rev.
SPECIAL PROVISION # 29
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
ELECTRICAL CONDUCTORS FOR LUMINAIRES (TRAFFIC SIGNAL)
BASIS OF PAYMENT. Work completed and accepted and measured as provided above will be
paid for at the contract unit price bid per linear foot for Electrical Conductors for Luminaires of
the type and size called for on the plans, which price shall be full compensation for furnishing
materials, splicing and connections and for all tools, equipment, labor, and incidentals
necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Electrical Conductors for Luminaires Linear Foot
06-20-2019
12-21-2021 Rev. Page 1 of 2
SPECIAL PROVISION #30
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
RETROREFLECTIVE BACKPLATES
Section 706 Traffic Signal Head of the Standard Specifications for Highway Construction,
Edition of 2014, is hereby amended as follows:
The ninth paragraph of Subsection 706.02 Materials (c) Housing is hereby deleted and the
following substituted therefore:
Visors and backplates for metal signal sections shall be made from 0.050” ( 1.25 mm)
minimum thickness aluminum alloy sheet.
The minimum thickness of 0.050” does not include the retroreflective border.
Backplates shall not be flexible nor of the hinged design.
The backplate shall be louvered.
A louvered backplate shall include louvers with no louvers closer than 0.5” from
the inner or 2.5” from the outer edge. Sides are defined on how the signal head is
oriented in the plans.
The backplate shall have a 2” wide yellow ( non-fluorescent) retroreflective
sheeting border, placed flush with the outer edge of the backplate and placed no
closer than 0.5” from all louvers. No sheeting is allowed over any louvered area.
Sheeting shall be applied in such a manner to provide wrinkle and bubble free
surfaces. Application of sheeting shall be in accordance with this special
provision otherwise will be cause for rejection of materials due to workmanship.
The sheeting shall be Type VIII, Type IX, or Type XI in accordance with ASTM
D4956 or ASTM D4956-05 and listed on ARDOT’ s qualified product list.
All applicable brochures containing the design criteria for the retroreflective
sheeting border shall be submitted by the Contractor for approval.
The sheeting shall be applied in the orientation for the maximum angularity
according to the manufacturer’ s recommendations to project rectangular
appearance at night.
All backplates types shall be securely attached to the signal-head as
recommended by the manufacture’ s specifications and methods.
The tenth paragraph of Subsection 706.02 Materials (c) Housing is hereby deleted and the
following substituted therefore:
Visors and backplates for plastic signal faces shall be either formed from sheet plastic or
assembled from one or more injection, rotational, or blow molded plastic sections with a
minimum thickness of 0.10” (2.5 mm).
The minimum thickness of 0.10” does not include the retroreflective border.
Backplates shall not be flexible nor of the hinged design.
The backplate shall be non-louvered.
06-20-2019
12-21-2021 Rev. Page 2 of 2
SPECIAL PROVISION #30
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
RETROREFLECTIVE BACKPLATES
The backplate shall have a 2” wide yellow ( non-fluorescent) retroreflective
sheeting border, placed flush with the outer edge of the backplate.
The sheeting shall be Type VIII, Type IX, or Type XI in accordance with ASTM
D4956 or ASTM D4956-05 and listed on ARDOT’ s qualified product list.
All applicable brochures containing the design criteria for the retroreflective
sheeting border shall be submitted by the Contractor for approval.
The sheeting shall be applied in the orientation for the maximum angularity
according to the manufacturer’ s recommendations to project rectangular
appearance at night.
All backplates types shall be securely attached to the signal-head as
recommended by the manufacture’ s specifications and methods.
Page 1 of 2
SPECIAL PROVISION # 31
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
ACCESSIBLE PEDESTRIAN SIGNAL (APS)
1. DESCRIPTION. This item shall include furnishing and installing at locations shown on the
plans or as directed, an Audible-Tactile Pedestrian Signal System and shall consist of all
electronic control equipment, mounting hardware, and push button stations which are
designed to provide both a push button with a raised vibrating tactile arrow on the button,
along with a variety of audible indications for differing pedestrian signal functions. This work
shall be done in accordance with this special provision, the “ LED Countdown Pedestrian
Signal Head” special provision, and the Standard Specifications for Highway Construction,
Edition of 2014, Section 707 Pedestrian Signal Head.
2. MATERIALS AND CONSTRUCTION.
A. Accessible Pedestrian Signal ( APS). The Accessible Pedestrian Signal shall consist
of
B. Central Control Unit ( CCU) -The CCU is the power supply and control unit that
provides power and data for the Push Button Stations. The CCU shall consist of
Polara iCCU-S2 (Intelligent Central Control Unit – Shelf Mount) Includes BIU Capability.
C. Pole Mounting Assembly -This equipment is typically mounted on a pole near the start
of a crossing. It is commonly referred to as the “ Pedestrian Pushbutton Station” or
PBS”). The Pole Mounting Assembly shall consist of Polara iNS2 3TN0-B, 9x15 APS
Pushbutton Station ( Black).
1. A push button extender shall be supplied and installed on traffic signal poles with
mast arms and pedestrian signal poles that are 10 foot or taller. To ensure the push
button orientation, height requirements are met, and that side reach from the edge of
sidewalk is not more than 10 inches.
2. The APS shall be installed in accordance with the manufacturer' s recommendations.
3. A field test of the APS shall be performed in the presence of the Engineer. If a unit
fails to pass testing, the Contractor shall replace the unit to ensure a fully operational
system at their expense.
D. Programming -The APS shall be programmable and adjustable.
1. Programming and adjustments shall be made using a laptop computer or smart
device. No additional hardware or equipment shall be required. The system shall be
fully compatible with the three latest versions of the Windows operating platform.
2. Shall be password protected.
3. METHOD OF MEASUREMENT. Completed and accepted items will be measured as
follows:
A. Polara iCCU-S2 (Intelligent Central Control Unit – Shelf Mount) Includes BIU
Capability will be measured by the unit.
Page 2 of 2
SPECIAL PROVISION # 31
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
ACCESSIBLE PEDESTRIAN SIGNAL (APS)
B. Polara iNS2 3TN0-B, 9x15 APS Pushbutton Station (Black) will be measured
by the unit.
4. BASIS OF PAYMENT. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid as follows:
A. Polara iCCU-S2 ( Intelligent Central Control Unit – Shelf Mount) Includes BIU
Capability -Price bid for Polara iCCU-S2 (Intelligent Central Control Unit – Shelf Mount)
Includes BIU Capability and associated equipment specified, shall be full compensation
for furnishing all equipment listed above; meeting all functional requirements listed
above, for installing, programming, wiring, and testing the unit; and for all materials,
equipment, tools, labor, and incidentals necessary to complete the work.
B. Polara iNS2 3TN0-B, 9x15 APS Pushbutton Station ( Black) -Price bid for Polara
iNS2 3TN0-B, 9x15 APS Pushbutton Station ( Black) shall be full compensation for
furnishing the Pedestrian Pushbutton Station with all items including but not restricted to
materials, equipment, tools, programming, software, labor, and incidentals necessary to
complete the work.
Payment shall be made under:
Pay Item Pay Unit
Polara iCCU-S2 (Intelligent Central Control Unit – Shelf Mount) EA
Includes BIU Capability
Polara iNS2 3TN0-B, 9x15 APS Pushbutton Station ( Black) EA
06-23-2005 Page 1 of 1
02-27-2014 Rev.
01-05-2017 Rev.
11-16-2017 Rev.
06-14-2018 Rev.
12-06-2018 Rev.
SPECIAL PROVISION # 32
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
CABINET DRAWER ASSEMBLY
Section 701 Actuated Controller of the Standard Specifications for Highway Construction,
Edition of 2014, is hereby amended as follows:
Subsection 701.02 ( d) (10) Wiring Diagrams and Controller Manual is hereby deleted and
the following substituted therefore:
Three copies of the Cabinet Wiring Diagram and one copy of the controller manual shall
be supplied with each cabinet. One diagram and the manual shall be placed in the
Cabinet Drawer Assembly”. The “ Cabinet Drawer Assembly” shall be fabricated to the
approximate dimensions shown on the plans. Included with the “ Cabinet Drawer
Assembly” will be all hardware necessary to fasten and install the Assembly to the
underside of a cabinet shelf roughly at the midpoint of the Cabinet vertically. One
diagram shall be delivered to the City or County before final inspection of the
intersection. One diagram shall be given to the Engineer.
The “ Cabinet Drawer Assembly” shop drawing shall be included in the traffic equipment
submittal.
Page 1 of 1
SPECIAL PROVISION # 33
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
PREEMPTION SYSTEM
1. DESCRIPTION. This item consists of furnishing and installing a GPS Preemption System in
the controller cabinet of the type called for, at each intersection, or as directed by the
Engineer, and shall conform to the following specifications.
2. MATERIALS. The Preemption System shall be either the existing preemption that is being
retained and reused or a Global Traffic Technologies Opticom GPS Preemption System and
that includes, but is not limited to the following:
Mutlimode Phase Selector Model 764
Auxiliary Interface Panel Model 768
GPS Card Rack Model 1040
GPS Radio Unit Model 3100 containing a GPS receiver with antenna and a 2.4 GHz
spread spectrum transceiver with antenna
GPS Installation Cable Model 1070
3. CONSTRUCTION REQUIREMENTS. Existing preemption system shall be installed per
manufacturer’ s recommendations.
4. METHOD OF MEASUREMENT. Emergency Vehicle Preemption System Relocation will be
measured by the unit
5. BASIS OF PAYMENT. When an existing Emergency Vehicle Preemption System already
exists at an intersection that is being modified, all work associated with modifying that
system for the new intersection configuration will be paid for at the contract unit price bid for
Emergency Vehicle Preemption System Relocation. This shall be full compensation for
furnishing all materials, fittings, brackets, clamps, equipment, tools, labor, and incidentals
necessary to complete the work including but not limited to
installing the system in the new controller cabinet and any cables
system that are not fit to be reused.
Payment will be made under:
Pay Item
Emergency Vehicle Preemption System Relocation
relocating the detectors,
or portions of the existing
Pay Unit
Each
02/08/19 Page 1 of 1
SPECIAL PROVISIONS # 3439Arkansas Department of Transportation
Special Provision for Local ProjectsJOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECTDiffering Site Conditions and Temporary Suspensions of Work
DIFFERING SITE CONDITIONS AND TEMPORARY SUSPENSIONS OF WORK
Arkansas Department of Transportation, Standard Specifications, 2014 Edition
Section 104.02(c) – Differing Site Conditions
During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing
materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing
materially from those ordinarily encountered and general recognized as inherent in the work provided for in the
Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in
writing of the specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the Engineer will investigate the conditions. If the Engineer determines that the conditions
materially differ and cause an increase or decrease in the cost or time required for the performance of any work under
the Contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing
accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract
is warranted.
No Contract adjustment that results in a benefit to the Contractor will be allowed unless the Contractor has provided
the required written notice.
No Contract adjustment will be allowed under this clause for any effects caused on unchanged work.
Arkansas Department of Transportation, Standard Specifications, 2014 Edition
Section 108.05 – Temporary Suspension of Work
The Engineer will have the authority to suspend the work wholly or in part for such period or periods necessary, due
to unsuitable weather or other conditions unfavorable for the suitable prosecution of the work. If it should become
necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will
not obstruct or impede the traveling public nor become damaged in any way, and shall take every reasonable
precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the roadway by
opening ditches and shoulder drains; maintain the traveled way; erect temporary structures where directed; etc.
The Contractor shall not suspend the work nor remove any equipment or materials essential to the completion of the
current phase of the project without the permission of the Engineer.
If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for a period of
time not originally anticipated, customary, or inherent to the construction industry and the Contractor believes that
additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit
to the Engineer in writing a request for adjustment within ten (10) business days of the receipt of the notice to resume
work. The request shall set forth the reasons and support for such adjustment.
Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time
required for the performance of the Contract has increased as a result of such suspension and the suspension was
caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any
approved tier, and not caused by weather, the Engineer will make an adjustment ( excluding profit) and modify the
Contract in writing accordingly. The Engi neer will notify the Contractor of a determination whether or not an
adjustment of the Contract is warranted.
No Contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time
prescribed.
No Contract adjustment will be allowed under this clause to the extent that performance would have been suspended
or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition
of the Contract.
NOTE: As defined in Section 101.01(c) of the Department’ s Standard Specifications, the “ Engineer” is defined
as “ The Chief Engineer of the Department, acting directly or through duly authorized representatives, who is
responsible for engineering supervision of the construction.” This role may vary in name and title by the agency
utilizing this Special Provision. Additional definitions may also be found in Section 101.01(c).
11-10-2022 Page 1 of 3
ARKANSAS DEPARTMENT OF TRANSPORTATIONSPECIAL PROVISION #35
SPECIAL PROVISIONJOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
JOB 040943
BUY AMERICA -CONSTRUCTION MATERIALS
BUY AMERICA -CONSTRUCTION MATERIALS
Description: Section 106, Control of Material, of the Standard Specifications for Highway
Construction, Edition of 2014, is hereby amended as follows:
The following is added as Subsection 106.01(c) Construction Materials
Buy America – Construction Materials. (1) General. The Bipartisan Infrastructure Law ( BIL)
was enacted on November 15, 2021 ( BIL Build America, Buy America Act Publication L. No.
117-58). This provision expands the Buy America requirements beyond what was only required
for steel and iron products. The steel and iron provisions have not changed with the new law.
Buy America requirements are in effect only on Federal-Aid contracts and all construction
materials shall be produced/ manufactured in the United States. Items specifically excluded from
this requirement are cement and cementitious materials; aggregates such as stone, sand, or
gravel; aggregate binding agents or additives ( including asphalt binders). All other materials
permanently incorporated into the project will be subject to Buy America requirements.
2) Definitions. A construction material includes an article, material, or supply that is or consists
primarily of:
non-ferrous metals;
plastic and polymer-based products ( including polyvinylchloride, composite building
materials, and polymers used in fiber optic cable);
glass ( including optic glass);
lumber; or
drywall.
Items manufactured through a combination of either two or more materials listed above, or at
least one of the materials listed above and a material not listed shall be considered as a
manufactured product, rather than as a construction material.
Build America, Buy America provisions specified for manufactured products in Section
70912( 6)(B) of the Infrastructure Investment and Jobs Act ( IIJA) do not apply to federal-aid
construction projects per FHWA’ s existing statutory requirement applicable to manufactured
products. A “manufactured product” is considered to be an item that undergoes one or more
manufacturing processes before the item can be used on a construction project.
All construction materials shall be produced in the United States. This means all manufacturing
processes to produce the construction materials shall occur in the United States. All
manufacturing processes for construction materials shall mean the final manufacturing process
and the immediately preceding manufacturing stage for the construction material.
3) Compliance. The Contractor shall ensure that all manufacturing processes for each covered
product comply with this Buy America Provision. Non-conforming products shall be replaced at
no expense to the Department. It is the contractor’ s responsibility to assure all submittals
required for Buy America are submitted to the Engineer prior to the products and or materials
being incorporated into the project.
Buy America requirements do not apply to temporary elements not permanently incorporated into
a project. This includes falsework, temporary sheet piling, detour bridges, temporary elements
left in place at the contractor’ s convenience, unless the contract plans and specifications require
steel or iron components or imply that the item be left in place, or items that are simply moved
from one place to another within the same project. Buy America only applies to construction
11-10-2022 Page 2 of 3
ARKANSAS DEPARTMENT OF TRANSPORTATIONSPECIAL PROVISION #35
SPECIAL PROVISIONJOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
JOB 040943
BUY AMERICA -CONSTRUCTION MATERIALS
BUY AMERICA -CONSTRUCTION MATERIALS
materials that are consumed in, incorporated into, or affixed to an infrastructure project. As such,
it does not apply to tools, equipment, and supplies, such as temporary scaffolding, removed at
or before completion of the project.
4). Certification. The contractor shall provide a certification from the supplier for each
construction material, stating that it meets the provisions of this specification or the Build
America/ Buy America act, prior to incorporating any construction material into the project. The
supplier certifying may be the original manufacturer, fabricator, or vendor provided the supplier
has sufficient control and knowledge of the manufacturing process to accept responsibility and
certify full and complete conformance with the certification.
5). Examples of Pay Items Affected. The following are items from the Standard Specifications
that must meet the requirements of this specification. This list is provided for bidders’ information
and is not to be considered as all-inclusive as other items covered by the standard specifications,
supplemental specifications, and special provisions may also fall under these requirements:
Non-Ferrous Metals
Item Specification Section
Aluminum Pipe Culverts 606
Aluminum Chain Link Fence 619
Aluminum Gates 619
Mailboxes 637
Electrical Conductors 700, 708
Ground Rods 701, 712, 714, 715
Loop Wiring 704
Feeder Wire 704
Traffic Signal Cable 708
Sign Supports 724, 730
Sign Panels 723, 725, 726, 727, 728
Video Cable 733
Metal Bridge Railing 806
Bridge Name Plates 812
Plastic/ Polymer Based Products
Item Specification Section
Polyethylene Pipe Culverts 606
PVC Pipe Culverts 606
RC Pipe Culvert Gaskets 606
Drop Inlet Steps 609, 610, 640
ABS or Polyethylene Pipe for Underdrains 611
PVC Pipe for Underdrain Laterals 611
Filter Fabrics 611, 625, 629, 816
Geotextile Fabrics 625
Tactile Panels for Wheelchair Ramps 641
Non-Metallic Conduit ( PE & PVC) 710
Sand Barrels/ Lids for Impact Attenuation Barriers 731
11-10-2022 Page 3 of 3
ARKANSAS DEPARTMENT OF TRANSPORTATIONSPECIAL PROVISION # 35
SPECIAL PROVISIONJOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
JOB 040943
BUY AMERICA -CONSTRUCTION MATERIALS
BUY AMERICA -CONSTRUCTION MATERIALS
Glass
Item Specification Section
Glass Beads ( drop on application) 718, 719
Fiber Optic Cable Job SP
Windows in Building Construction Job SP
Lumber
Item Specification Section
Wood Guard Rail Posts 617, 639
Wood Block Outs for Guardrail 617,639
Wood Posts for Guard Cable 618
Fence Posts and Braces ( Type A, B, C and D) 619
Mailbox Supports 637
Treated Wood Poles 716
Treated Lumber 817
Treated Bridge Timbers 817
Timber Piling 818
Framing Lumber, Plywood, Trim Lumber in Job SP
Building Construction
Drywall
Item Specification Section
Drywall in Building Construction Job SP
Rev. 11-20-08 Page 1 of 5
Rev. 11-15-23
SPECIAL PROVISION
JOB 040943
DOCUMENTATION OF PAYMENTS MADE TO
DISADVANTAGED BUSINESS ENTERPRISES
Although this contract does not have a Disadvantaged Business Enterprise ( DBE) Goal, in
accordance with Subsection 103. 08( a) of the Standard Specifications all payments made to DBE
Contractors, suppliers, manufacturers, and/ or non-construction service firms must be reported by
the Prime Contractor.
As required by Subsection 103. 08( h), the Prime Contractor must use the appropriate DBE
Payment Log form included in this Special Provision during the progress of the Contract. Listed
below are the instructions on when each form is required to be submitted.
The Prime DBE Payment Log ( page 3) must be submitted by the Prime Contractor when
he/ she is a certified DBE Contractor and work was performed by their own forces or money
was earned by the DBE Prime Contractor for work performed by a Subcontractor during
the estimate period.
The DBE Subcontractor Payment Log ( page 2) must be submitted by the Prime Contractor
when a Subcontractor is a certified DBE Contractor and work was performed by a
Subcontractor or money was earned by a Subcontractor for work performed by a Second-
tier Subcontractor during the estimate period.
The 2nd Tier DBE Payment Log ( page 4) must be submitted by the Prime Contractor when
a 2nd Tier Subcontractor is a certified DBE Contractor and work was performed by a 2nd
Tier Subcontractor during the estimate period.
The 2nd Tier DBE Payment Log ( page 4) must be submitted by the Prime Contractor when
payments are made to a Department Certified DBE supplier, manufacturer, and/ or non-
construction service firm by the Prime Contractor or any Subcontractor or 2nd Tier
Subcontractor during the estimate period.
A separate DBE Payment Log form is required for each DBE firm receiving payments for
work completed or services provided during each estimate period. The DBE Payment Log
forms, along with instructions for their use, are available on the Department’ s website at:
http:// ardot. gov/ Construc/ DBE_ Log. xls
All certifications of payments must be received by the Resident Engineer within thirty-five
35) calendar days following the end of each estimate period. Facsimile or scanned copies of the
completed original payment log forms are acceptable to fulfill this requirement.
Upon completion of the contract, a final certificate of payments to all DBE firms --page 5
of this Special Provision --is required by Subsection 103. 08 ( h). The final amount paid to each
DBE firm shall match the total to date reported on the last DBE payment log submitted for each
firm. If necessary, an additional DBE payment log shall be submitted with the certificate of
payment itemizing all payments made to DBE firms since the last estimate period. A signed,
original of the Final Certificate of Payment must be furnished to the Resident Engineer.
Page 2 of 5
DBE Subcontractor Payment Log
Job Number ____________________ Prime Contractor ________________________________
Estimate No. _____ DBE Subcontractor ________________________________
Estimate Ending Date______________ Date Payment Made to DBE _________________________
2nd Tier Value Earned
Item Code* Item Description Subcontract Unit Price Quantity By
Unit Price Subcontractor
Item Codes for pay items are shown Total This Estimate
on the estimate voucher
Retainage Withheld This Estimate
DBE Payment Log must be received Net Total This Estimate
within 35 calendar days of the ending ___% Retainage Previous Total
date of the estimate. Total To Date
The Prime Contractor certifies that the payment listed has been made to the DBE Subcontractor and that
the documentation of this payment is available for inspection upon request.
Authorized Signature_____________________________________ Title _____________________
Typed or Printed Name___________________________________ Date _____________________
Department
Use Only Received
By ___________________
Date ____________________
Verified
By _______________________ _________
Date _______________________ RE Initials
Rev. 9-6-17
Page 3 of 5
DBE Prime Contractor Payment Log
Job Number ____________________ DBE Prime Contractor _______________________________
Estimate No. _____
Estimate Ending Date______________
Value Earned
Item Code* Item Description Contract Sub Unit Quantity By
Unit Price Price DBE Prime
Item Codes for pay items are shown Total This Estimate
on the estimate voucher
Previous Total
DBE Payment Log must be received Total To Date
within 35 calendar days of the ending
date of the estimate.
The Prime Contractor certifies that the information shown above is correct and represents the value
earned by the DBE Prime Contractor during the above estimate period.
Authorized Signature_____________________________________ Title _____________________
Typed or Printed Name___________________________________ Date _____________________
Department
Use Only Received
By ___________________
Date ____________________
Verified
By _______________________ ________
Date _______________________ RE Initials
Rev. 9-6-17
Page 4 of 5
DBE 2nd Tier Payment Log
Job Number ____________________ Prime Contractor _______________________________
Estimate No. _____ Subcontractor _______________________________
Estimate Ending Date___________ DBE 2nd Tier Subcontractor __________________________
Date Payment Made to DBE __________________________
2nd Tier
Item Code* Item Description Unit Price Quantity Value Earned by
2nd Tier
Item Codes for pay items are shown Total This Estimate
on the estimate voucher
Retainage Withheld This Estimate
DBE Payment Log must be received Net Total This Estimate
within 35 calendar days of the ending ___% Retainage Previous Total
date of the estimate. Total To Date
The Prime Contractor certifies that the payment listed has been made to the DBE 2nd Tier Subcontractor
and that the documentation of this payment is available for inspection upon request.
Authorized Signature_____________________________________ Title _____________________
Typed or Printed Name___________________________________ Date _____________________
Department
Use Only Received
By ___________________
Verified
By _______________________ ________
Date ____________________ Date _______________________ RE Initials
Rev. 9-6-17
Page 5 of 5
CERTIFICATE OF PAYMENT
JOB F.A.P.
JOB NAME
ORIGINAL CONTRACT AMOUNT $ DBE GOAL $ *
Contract Commitment)
DBE CONTRACT GOAL ___%
FINAL PAYMENT TO DBEs
The undersigned Contractor on the above mentioned project hereby certifies that the following amount(s)
were paid to:
DBE Subcontractor( s) Amount Paid
Total Paid to DBEs $
Only payments related to work, services, or material actually provided by DBE firms should be shown.
Payments under second tier subcontracts from DBE firms to non-DBE firms should not be included.
DBE prime Contractors should include the value of work performed by its own forces.
Contractor:
Signature:
Typed or Printed Name:
Title: Date:
THIS “ CERTIFICATE OF PAYMENT” IS TO BE SUBMITTED TO THE RESIDENT ENGINEER
PRIOR TO PROJECT ACCEPTANCE.
If goal not met, brief explanation:
Rev. 9-6-17
10-27-2020 Page 1 of 1
ARKANSAS DEPARTMENT OF TRANSPORTATIONSPECIAL PROVISION #38
SPECIAL PROVISIONJOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
JOB 040943
PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND
PROHIBITION OF CERTAIN TELECOMMUNICATIONS ANDVIDEO SURVEILLANCE SERVICES OR EQUIPMENT
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
In accordance with the requirements of 2 CFR 200.216, equipment utilized on this project for
telecommunications and video surveillance services or equipment shall not be produced by:
1) Huawei Technologies Company or ZTE Corporation ( or any subsidiary or affiliate of such
entities).
2) Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company ( or any subsidiary or affiliate of such entities).
Revised: 5-11-16
Title VI CONTRACT PROVISIONS
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees and successors in interest ( hereinafter
referred to as the “ contractor”) agrees as follows:
1) Compliance with Regulations: The contractor ( hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any
activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract,
including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by
the contractor of the contractor' s obligations under this contract and the Acts and the Regulations relative to
Nondiscrimination on the grounds of race, color, or national origin.
4) Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be
pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so
certify to the Recipient or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made
to obtain the information.
5) Sanctions for Noncompliance: In the event of a contractor' s noncompliance with the Nondiscrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration
may determine to be appropriate, including, but not limited to:
a) Withholding of payments to the contractor under the contract until the contractor complies,
and/ or
b) Cancelling, terminating or suspending a contract, in whole or in part.
6) Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or
procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into
any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter
into the litigation to protect the interests of the United States.
Revised: 5-11-16
TITLE VI CONTRACT PROVISIONS
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest ( hereinafter
referred to as the " contractor") agrees to comply with the following non-discrimination statutes and authorities; including
but not limited to:
Pertinent Non-Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the
basis of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, ( 42 U.S.C.
4601), ( prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, ( 23 U.S.C. § 324 et seq.), ( prohibits discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, ( 29 U.S.C. § 794 et seq.), as amended, ( prohibits discrimination on
the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, ( 42 U.S.C. § 6101 et seq.), ( prohibits discrimination on the
basis of age);
Airport and Airway Improvement Act of 1982, ( 49 USC§ 471, Section 47123), as amended, ( prohibits
discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, ( PL 100-209), ( Broadened the scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of
1973, by expanding the definition of the terms " programs or activities" to include all of the programs or activities of the
Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in
the operation of public entities, public and private transportation systems, places of public accommodation, and certain
testing entities ( 42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R.
parts 37 and 38;
The Federal Aviation Administration' s Non-discrimination statute ( 49 U.S.C. § 47123) ( prohibits discrimination
on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or environmental effects on minority and low-
income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency
LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs ( 70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in
education programs or activities ( 20 U.S.C. 1681et seq).
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts ( included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102( b) (excluding
emergency contracts solely intended for debris removal). The
contractor ( or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts ( excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts ( excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633. 102. The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically
incorporated ( not referenced) in all contracts, subcontracts and
lower-tier subcontracts ( excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor' s own organization
and with the assistance of workers under the contractor' s
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23
CFR 633.102(d).
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION ( 23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended ( 29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended ( 42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $ 10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended ( 29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended ( 42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor ( US DOL) and FHWA
requirements.
1
1. Equal Employment Opportunity: Equal Employment
Opportunity ( EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations ( see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor' s
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor' s
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor' s EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor' s EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor' s EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor' s procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor' s EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor' s EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: " An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor' s
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
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within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor' s work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs ( i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor' s association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals ( even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the contractor from future bidding as non-
responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050. 2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
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1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor' s obligation extends
further to ensure that its employees are not assigned to
perform their services at any location under the contractor' s
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $ 2,000 and to all related subcontracts and
lower-tier subcontracts ( regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages ( 29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or
otherwise working in construction or development of the
project under a development statute), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits ( or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs ( d) and (e) of 29
CFR 5.5, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the
contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph 1.e. of this section; also, regular
contributions made or costs incurred for more than a weekly
period ( but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification( s) of work actually
performed, without regard to skill, except as provided in
paragraph 4. of this section. Laborers or mechanics performing
work in more than one classification may be compensated at
the rate specified for each classification for the time actually
worked therein: Provided, That the employer' s payroll records
accurately set forth the time spent in each classification in
which work is performed. The wage determination ( including
any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
WH– 1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage
and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a
wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and
mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided
that:
i) The work performed by the classification is not
performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
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ii) The classification is used in the area by the
construction industry; and
iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the
wage determination.
2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid
at no less than the wage and fringe benefit rate listed on the
wage determination for such classification.
c. Conformance. (1) The contracting officer must require that
any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with
the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate
only when the following criteria have been met:
i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
ii) The classification is used in the area by the
construction industry; and
iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
3) If the contractor and the laborers and mechanics to be
employed in the classification ( if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to
DBAconformance@dol. gov. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
4) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBAconformance@dol. gov, refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
under paragraphs 1.c.(3) and (4) of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
the Secretary of Labor has found, upon the written request of
the contractor, in accordance with the criteria set forth in
5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the
wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
2. Withholding ( 29 CFR 5.5)
a. Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in this
section for violations of this contract, or to satisfy any such
liabilities required by any other Federal contract, or federally
assisted contract subject to Davis-Bacon labor standards, that
is held by the same prime contractor ( as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency,
and such funds may be used to satisfy the contractor liability
for which the funds were withheld. In the event of a
contractor' s failure to pay any laborer or mechanic, including
any apprentice or helper working on the site of the work all or
part of the wages required by the contract, or upon the
contractor' s failure to submit the required records as discussed
in paragraph 3.d. of this section, the contracting agency may
on its own initiative and after written notice to the contractor,
take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
5) The contracting officer must promptly notify the b. Priority to withheld funds. The Department has priority to
contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph
5
2.a. of this section or Section V, paragraph 3.a., or both, over
claims to those funds by:
1) A contractor' s surety( ies), including without limitation
performance bond sureties and payment bond sureties;
2) A contracting agency for its reprocurement costs;
3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor' s
bankruptcy estate;
4) A contractor' s assignee( s);
5) A contractor' s successor( s); or
6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901– 3907.
3. Records and certified payrolls ( 29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the
course of the work and preserved for all laborers and
mechanics working at the site of the work ( or otherwise
working in construction or development of the project under a
development statute) for a period of at least 3 years after all
the work on the prime contract is completed.
2) Information required. Such records must contain the
name; Social Security number; last known address, telephone
number, and email address of each such worker; each
worker' s correct classification( s) of work actually performed;
hourly rates of wages paid ( including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141( 2)(B) of the Davis-Bacon Act); daily and weekly number
of hours actually worked in total and on each covered contract;
deductions made; and actual wages paid.
3) Additional records relating to fringe benefits. Whenever
the Secretary of Labor has found under paragraph 1.e. of this
section that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing
benefits under a plan or program described in 40 U.S.C.
3141( 2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual
cost incurred in providing such benefits.
4) Additional records relating to apprenticeship. Contractors
with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios
and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method
of submission. The contractor or subcontractor must submit
weekly, for each week in which any DBA-or Related Acts-
covered work is performed, certified payrolls to the contracting
agency. The prime contractor is responsible for the submission
of all certified payrolls by all subcontractors. A contracting
agency or prime contractor may permit or require contractors
to submit certified payrolls through an electronic system, as
long as the electronic system requires a legally valid electronic
signature; the system allows the contractor, the contracting
agency, and the Department of Labor to access the certified
payrolls upon request for at least 3 years after the work on the
prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or
limited in its ability to use or access the electronic system.
2) Information required. The certified payrolls submitted
must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2) of this
section, except that full Social Security numbers and last
known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the
certified payrolls need only include an individually identifying
number for each worker ( e.g., the last four digits of the
worker' s Social Security number). The required weekly
certified payroll information may be submitted using Optional
Form WH–347 or in any other format desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour
Division website at https://www.dol.gov/sites/dolgov/files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a
violation of this section for a prime contractor to require a
subcontractor to provide full Social Security numbers and last
known addresses, telephone numbers, and email addresses to
the prime contractor for its own records, without weekly
submission by the subcontractor to the contracting agency.
3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the
contractor' s or subcontractor' s agent who pays or supervises
the payment of the persons working on the contract, and must
certify the following:
i) That the certified payroll for the payroll period contains
the information required to be provided under paragraph 3.b.
of this section, the appropriate information and basic records
are being maintained under paragraph 3.a. of this section,
and such information and records are correct and complete;
ii) That each laborer or mechanic ( including each helper
and apprentice) working on the contract during the payroll
period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
iii) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification( s) of work actually
performed, as specified in the applicable wage determination
incorporated into the contract.
4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse
side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by
paragraph 3.b.(3) of this section.
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5) Signature. The signature by the contractor,
subcontractor, or the contractor' s or subcontractor' s agent
must be an original handwritten signature or a legally valid
electronic signature.
6) Falsification. The falsification of any of the above
certifications may subject the contractor or subcontractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
7) Length of certified payroll retention. The contractor or
subcontractor must preserve all certified payrolls during the
course of the work and for a period of 3 years after all the work
on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or
subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and
extensions. The contractor or subcontractor must preserve
these contracts, subcontracts, and related documents during
the course of the work and for a period of 3 years after all the
work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other
documents that the contracting agency, the State DOT, the
FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of
any of the applicable statutes referenced by § 5.1, available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on
the job.
2) Sanctions for non-compliance with records and worker
access requirements. If the contractor or subcontractor fails to
submit the required records or to make them available, or
refuses to permit worker interviews during working hours on
the job, the Federal agency may, after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs
such workers, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records
upon request or to make such records available, or to permit
worker interviews during working hours on the job, may be
grounds for debarment action pursuant to § 5.12. In addition,
any contractor or other person that fails to submit the required
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative
proceeding under 29 CFR part 6 any of the required records
that were not provided or made available to WHD. WHD will
take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other
things, the location of the records and the volume of
production.
3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number
and last known address, telephone number, and email address
of each covered worker, and must provide them upon request
to the contracting agency, the State DOT, the FHWA, the
contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or other compliance
action.
4. Apprentices and equal employment opportunity ( 29 CFR
5.5)
a. Apprentices ( 1) Rate of pay. Apprentices will be permitted
to work at less than the predetermined rate for the work they
perform when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship ( OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is
not individually registered in the program, but who has been
certified by the OA or a State Apprenticeship Agency ( where
appropriate) to be eligible for probationary employment as an
apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90
days of probationary employment as an apprentice in such a
program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to use apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
2) Fringe benefits. Apprentices must be paid fringe benefits
in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringe benefits must be paid in accordance with that
determination.
3) Apprenticeship ratio. The allowable ratio of apprentices to
journeyworkers on the job site in any craft classification must
not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio
applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph 4.a.(1) of this section, must
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in
excess of the ratio permitted under this section must be paid
not less than the applicable wage rate on the wage
determination for the work actually performed.
4) Reciprocity of ratios and wage rates. Where a contractor
is performing construction on a project in a locality other than
the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker' s
hourly rate) applicable within the locality in which the
construction is being performed must be observed. If there is
no applicable ratio or wage rate for the locality of the project,
the ratio and wage rate specified in the contractor' s registered
program must be observed.
b. Equal employment opportunity. The use of apprentices
and journeyworkers under this part must be in conformity with
7
the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees ( programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be
greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert
FHWA-1273 in any subcontracts, along with the applicable
wage determination( s) and such other clauses or contract
modifications as the contracting agency may by appropriate
instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination( s) in any
lower tier subcontracts. The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In
the event of any violations of these clauses, the prime
contractor and any subcontractor( s) responsible will be liable
for any unpaid wages and monetary relief, including interest
from the date of the underpayment or loss, due to any workers
of lower-tier subcontractors, and may be subject to debarment,
as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract,
the contractor certifies that neither it nor any person or firm
who has an interest in the contractor' s firm is a person or firm
ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or §5.12(a).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b) or §5.12(a).
c. The penalty for making false statements is prescribed in
the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the DBA, Related
Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under the DBA, Related
Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
100, 000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to
the United States ( in the case of work done under contract for
the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
8
mechanic, including watchpersons and guards, employed in
violation of the clause set forth in paragraph 1. of this section,
in the sum currently provided in 29 CFR 5.5(b)(2)* for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph 1. of this section.
31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may
be adjusted annually by the Department of Labor, pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the contractor so
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime
contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages
required by the clauses set forth in this section on this
contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to
the Contract Work Hours and Safety Standards Act that is held
by the same prime contractor ( as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to the Contract Work Hours and Safety Standards Act
and is held by the same prime contractor, regardless of
whether the other contract was awarded or assisted by the
same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with Section IV
paragraph 2.a. or paragraph 3.a. of this section, or both, over
claims to those funds by:
1) A contractor' s surety( ies), including without limitation
performance bond sureties and payment bond sureties;
2) A contracting agency for its reprocurement costs;
3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor' s
bankruptcy estate;
4) A contractor' s assignee( s);
5) A contractor' s successor( s); or
6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert
in any subcontracts the clauses set forth in paragraphs 1.
through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1. through 5. In the
event of any violations of these clauses, the prime contractor
and any subcontractor( s) responsible will be liable for any
unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower-
tier subcontractors, and associated liquidated damages and
may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the Contract
Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under
CWHSSA or this part;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under CWHSSA or this
part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent ( or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor' s own organization
23 CFR 635.116).
a. The term “ perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: ( based on longstanding interpretation)
1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
2) the prime contractor remains responsible for the quality
of the work of the leased employees;
9
3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph ( 1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations ( regardless of who performs the
work) and ( b) such other of its own organizational resources
supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. ( based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation ( 23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards ( 29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act ( 40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926. 3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act ( 40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project ( 23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 11, 1916, ( 39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
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IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT ( 42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act ( 42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended ( 33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $ 25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180. 220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency' s
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms " covered transaction," " debarred,"
suspended," " ineligible," " participant," " person," " principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant ( such as the prime or general contract).
Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction ( such as
subcontracts). “ First Tier Participant” refers to the participant
who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). “ Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants ( such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph ( f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
11
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public ( Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity ( Federal, State or
local) with commission of any of the offenses enumerated in
paragraph ( a)(2) of this certification, 2 CFR 180.700 and
180.800; and
4) Have not within a three-year period preceding this
application/ proposal had one or more public transactions
Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
6) Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability ( USDOT Order 4200. 6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
3. Instructions for Certification -Lower Tier Participants:
Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more -2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180. 365.
d. The terms " covered transaction," " debarred,"
suspended," " ineligible," " participant," " person," " principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “ First Tier Covered Transactions” refers to any
covered transaction between a recipient or subrecipient of
Federal funds and a participant ( such as the prime or general
contract). “ Lower Tier Covered Transactions” refers to any
covered transaction under a First Tier Covered Transaction
such as subcontracts). “ First Tier Participant” refers to the
participant who has entered into a covered transaction with a
recipient or subrecipient of Federal funds ( such as the prime or
general contractor). “ Lower Tier Participant” refers any
participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants ( such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200. 220 and 1200. 332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
12
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180. 325.
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
2) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal ( USDOT Order 4200. 6 implementing
appropriations act requirements); and
3) is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
USDOT Order 4200. 6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
100, 000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $ 100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments ( or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal-aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
on-board’ commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph ( b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier' s (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
13
ATTACHMENT A -EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS ( 23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph ( 1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph ( 4) below.
2. The contractor shall place a job order with the State
Employment Service indicating ( a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, ( b) the number of employees required in
each classification, ( c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor' s permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph ( 1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
14
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Page 1 of 1
FHWA-1273 SUPPLEMENTAL SPECIFICATION
EQUAL EMPLOYMENT OPPORTUNITY – NOTICE TO CONTRACTORS
Elsewhere in this contract are three Supplemental Specifications on Equal Employment Opportunity
designated as PR-1273 Supplements. They are ( 1) Specific Equal Employment Opportunity Responsibilities
23 U.S.C. 140), ( 2) Equal Employment Opportunity – Goals and Timetables, and ( 3) Equal Employment
Opportunity – Federal Standards. This notice is to clarify the responsibilities for review of compliance and
enforcement for these separate supplemental specification requirements.
The first of the Supplemental Specifications cited above covers the requirements for the equal
employment opportunity program under Title 23 for which the sponsor is responsible. The sponsor performs the
necessary compliance review and enforcement of this supplemental Specification which is applicable to all
contractors holding Federal-aid highway contracts.
The latter two Supplemental Specifications are for the specific equal opportunity requirements for
Executive Order 11246 which is the sole responsibility of the Office of Federal Contract Compliance Programs
OFCCP), Department of Labor. Review and enforcement under these Supplemental Specifications is
performed by OFCCP.
OFCCP has, under Paragraph 8 of the EEO Federal Standards Supplemental Specification, recognized the
Arkansas AGC Heavy Highway Affirmative Action Plan as meeting the provisions of that Supplemental
Specification and Supplemental Specification (2) cited above. With this recognition, those contractors signatory
to the AGC Plan have been waived from individual review by OFCCP. However, OFCCP retains the right to
review any such contractors whenever circumstances warrant. Also, contractors non-signatory to the AGC Plan
are subject to OFCCP review under EO 11246.
AHTD and OFCCP have agreed to work towards eliminating duplicative reviews on individual
contractors; however, each agency may make reviews at any time notwithstanding the cited agreement.
7-26-96 FHWA-1273 Supplement
Page 1 of 5
FHWA-1273 SUPPLEMENTAL SPECIFICATION
SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES
23 U.S.C. 140)
1. General.
a. Equal employment opportunity
requirements not to discriminate and to take
affirmative action to assure equal employment
opportunity as required by Executive Order 11246
and Executive Order 1137S are set forth in Required
Contract Provisions ( Form FHWA-1273 and
Supplements) and these Special Provisions which
are imposed pursuant to Section 140 of Title 23,
U.S.C., as established by Section 22 of the Federal-
Aid Highway Act of 1968. The requirements set
forth in these Special Provisions shall constitute the
specific affirmative action requirements for project
activities under this contract and supplement the
equal employment opportunity requirements set
forth in the Required Contract Provisions. The
initial measure of the contractor's good faith efforts
to comply with these Special Provisions shall be its
efforts to meet the goals set forth in the ' Notice of
Requirement for Affirmative Action to Ensure Equal
Employment Opportunity ( Executive Order 11246)'
for minority and female participation expressed in
percentage terms for the contractor's work force in
each trade on this project.
b. The contractor will work with the sponsor
and the Federal Government in carrying out equal
employment opportunity obligations and in their
review of his/her activities under the contract.
c. The contractor and all his/her
subcontractors holding subcontracts not including
material suppliers, of $10,000 or more, will comply
with the following minimum specific requirement
activities of equal employment opportunity: ( The
equal employment opportunity requirements of
Executive Order 11246, as set forth in Volume 6,
Chapter 4, Section 1, Subsection I of the Federal-
Aid Highway Program Manual, are applicable to
material suppliers as well as contractors and
subcontractors.) The contractor will include these
requirements in every subcontract of $ 10,000 or
more with such modification of language as is
necessary to make them binding on the
subcontractor.
2. Equal Employment Opportunity Policy.
The contractor will accept as his operating policy the
following statement which is designed to further the
provision of equal employment opportunity to all
persons without regard to their race, color, religion,
sex, age, disability, or national origin, and to
promote the full realization of equal employment
opportunity through a positive continuing program:
It is the policy of this Company to assure that
applicants are employed, and that employees are
treated during employment without regard to their
race, color, religion, sex, age, disability, or national
origin. Such action shall include: employment,
upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection
for training, including apprenticeship,
preapprenticeship, and/or on-the-job training.
3. Equal Employment Opportunity Officer.
The contractor will designate and make known to the
sponsor contracting officers an equal employment
opportunity officer ( hereinafter referred to as the
EEO Officer) who will have the responsibility for
and must be capable of effectively administering and
promoting an active contractor program of equal
employment opportunity and who must be assigned
adequate authority and responsibility to do so.
4. Dissemination of Policy.
a. All members of the contractor's staff who
are authorized to hire, supervise, promote, and
discharge employees, or who recommend such
action, or who are substantially involved in such
action, will be made fully cognizant of, and will
implement, the contractor's equal employment
opportunity policy and contractual responsibilities to
provide equal employment opportunity in each grade
and classification of employment. To ensure that the
above agreement will be met, the following actions
will be taken as a minimum:
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FHWA-1273 SUPPLEMENTAL SPECIFICATION
SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES
23 U.S.C. 140)
1) Periodic meetings of supervisory
and personnel office employees will be conducted
before the start of work and then not less often than
once every six months, at which time the contractor's
equal employment opportunity policy and its
implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer
or other knowledgeable company official.
2) All new supervisory or personnel
office employees will be given a thorough
indoctrination by the EEO Officer or other
knowledgeable company official covering all major
aspects of the contractor's equal employment
opportunity obligations within thirty days following
their reporting for duty with the contractor.
3) All personnel who are engaged in
direct recruitment for the project will be instructed
by the EEO Officer or appropriate company official
in the contractor's procedures for locating and hiring
minority and female employees.
b. In order to make the contractor's equal
employment opportunity policy known to all
employees, prospective employees and potential
sources of employees, i.e., schools, employment
agencies, labor unions ( where appropriate), college
placement officers, etc., the contractor will take the
following actions:
1) Notices and posters setting forth the
contractor's equal employment opportunity policy
will be placed in areas readily accessible to
employees, applicants for employment, and potential
employees.
2) The contractor's equal employment
opportunity policy and the procedures to implement
such policy will be brought to the attention of
employees by means of meetings, employee
handbooks, or other appropriate means.
5. Recruitment
a. When advertising for employees, the
contractor will include in all advertisements for
employees the notation: ' An Equal Opportunity
Employer.' All such advertisements will be
published in newspapers or other publications
having a large circulation among minority groups in
the area from which the project work force would
normally be derived.
b. The contractor will, unless precluded by a
valid bargaining agreement, conduct systematic and
direct recruitment through public and private
employee referral sources likely to yield qualified
minority and female applicants, including, but not
limited to, State employment agencies, schools.
colleges, and minority group organizations. To meet
this requirement, the contractor will, through his
EEO Officer, identify sources of potential minority
and female employees, and establish with such
identified sources procedures whereby minority and
female applicants may be referred to the contractor
for employment consideration.
In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall
referrals, he is expected to observe the provisions of
that agreement to the extent that the system permits
the contractor's compliance with equal employment
opportunity contract provisions. ( The U.S.
Department of Labor has held that where
implementation of such agreements has the effect of
discriminating against minorities or women, or
obligates the contractor to do the same, such
implementation violates Executive Order 11246, as
amended.)
c. The contractor will encourage his present
employees to refer minority and female applicants
for employment by posting appropriate notices or
bulletins in areas accessible to all such employees.
In, addition, information and procedures with regard
to referring minority and female applicants will be
discussed with employees.
6. Personnel Actions.
Wages, working conditions, and employee benefits
shall be established and administered, and personnel
actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and
termination, shall be taken without regard to race,
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Page 3 of 5
FHWA-1273 SUPPLEMENTAL SPECIFICATION
SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES
23 U.S.C. 140)
color, religion, sex, age, disability, or national
origin. The following procedures shall be followed:
a. The contractor will conduct periodic
inspections of project sites to insure that working
conditions and employee facilities do not indicate
discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate
the spread of wages paid within each classification
to determine any evidence of discriminatory wage
practices.
c. The contractor will periodically review
selected personnel actions in depth to determine
whether there is evidence of discrimination. Where
evidence is found, the contractor will promptly take
corrective action. If the review indicates that the
discrimination may extend beyond the actions
reviewed, such corrective action shall include all
affected persons.
d. The contractor will promptly investigate
all complaints of alleged discrimination made to the
contractor in connection with his obligations under
this contract, will attempt to resolve such
complaints, and will take appropriate corrective
action within a reasonable time. If the investigation
indicates that the discrimination may affect persons
other than the complainant, such corrective action
shall include such other persons. Upon completion
of each investigation, the contractor will inform
every complainant of all of his avenues of appeal.
7. Training and Promotion.
a. The contractor will assist in locating,
qualifying, and increasing the skills of minority
group and women employees and applicants for
employment.
b. Consistent with the contractor's work
force requirements and as permissible under Federal
and State regulations, the contractor shall make full
use of training programs, i.e., apprenticeship and on-
the-job training programs for the geographical area
of contract performance. Where feasible, 25 percent
of apprentices or trainees in each occupation shall be
in their first year of apprenticeship or training, In the
event the Optional Training Special Provision is
provided under this contract, this subparagraph will
be superseded by that Special Provision.
c. The contractor will advise employees and
applicants for employment of available training
programs and entrance requirements for each.
d. The contractor will periodically review the
training and promotion potential of minority group
and women employees and will encourage eligible
employees to apply for such training and promotion.
8. Unions.
If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will
use his/her best efforts to obtain the cooperation of
such unions to increase opportunities for minority
groups and women within the union and to effect
referrals by such unions of minority and female
employees. Actions by the contractor either directly
or through a contractor's association acting as agent
will include the procedures set forth below,
a. The contractor will use best efforts to
develop, in cooperation with the unions, joint
training programs aimed toward qualifying more
minority group members and women for
membership in the unions and increasing the skills
of minority group employees and women so that
they may qualify for higher paying employment.
b. The contractor will use best efforts to
incorporate an equal employment opportunity clause
into each union agreement to the end that such union
will be contractually bound to refer applicants
without regard to their race, color, religion, sex, age,
disability, or national origin.
c. The contractor is to obtain information as
to the referral practices and policies of the labor
union, except that to the extent such information is
within the exclusive ion of the labor union and such
labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the
sponsor and shall set forth what efforts have been
made to obtain such information.
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FHWA-1273 SUPPLEMENTAL SPECIFICATION
SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES
23 U.S.C. 140)
d. In the event the union is unable to provide
the contractor with a reasonable flow of minority
and women referrals within the time limit set forth in
the collective bargaining agreement, the contractor
will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color,
religion, sex, age, disability, or national origin,
making full efforts to obtain qualified and/or
qualifiable minority group persons and women. (The
U.S. Department of Labor has held that it shall be no
excuse that the union with which the contractor has a
collective bargaining agreement providing for
exclusive referral failed to refer minority
employees.) In the event the union referral practice
prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and
these special provisions, such contractor shall
immediately notify the sponsor.
9. Subcontracting.
a. The contractor's attention is called to the
Special Provision on Disadvantaged Business
Enterprises in Federal-Aid Highway Construction.
b. The contractor will use his best efforts to
ensure subcontractor compliance with their equal
employment opportunity obligations.
10. Records and Reports.
a. The contractor will keep such records as
are necessary to determine compliance with the
contractor's equal employment opportunity
obligations. The records kept by the contractor will
be designed to indicate:
1) the number of minority and non-
minority group members and women employed in
each work classification on the project,
2) the progress and efforts being made
in cooperation with unions to increase employment
opportunities for minorities and women ( applicable
only to contractors who rely in whole or in part on
unions as a source of their work force),
3) the progress and efforts being made
in locating, hiring, training, qualifying, and
upgrading minority and female employees, and
4) the progress and efforts being made
in securing the services of Disadvantaged Business
Enterprises or subcontractors or subcontractors with
meaningful minority and female representation
among their employees.
b. All such records must be retained for a
period of three years following completion of the
contract work and shall be available at reasonable
times and places for inspection by authorized
representatives of the sponsor and the Federal
Highway Administration.
c. The contractors will submit an annual
report to the State Highway agency each July for the
duration of the project, indicating the number of
minority, women, and non-minority group
employees currently engaged in each work
classification required by the contract work. Ibis
information is to be reported on Form PR 1391.
11. Corrective Action Plans.
The contractor understands that a designated
representative of the sponsor will periodically
review compliance by the contractor with all
contractual provisions incorporated pursuant to
Executive Order 11246, as amended, and Federal
Highway Administration Equal Employment
Opportunity Special Provisions implementing the
Federal-Aid Highway Act of 1968, where
applicable.
In the event that the designated representative of the
sponsor finds that the contractor has failed to comply
with any of the aforementioned contractual
provisions, he will notify the contractor of this
finding in writing A declaration of default will result
in the suspension of all future payments. No
declaration of default will be made if the sponsor
and the contractor formally agree to enter into a
corrective action plan setting out the specified steps
and timetables the contractor will be contractually
obligated to perform in order to re-establish his
7-26-96 FHWA-1273 Supplement
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FHWA-1273 SUPPLEMENTAL SPECIFICATION
SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES
23 U.S.C. 140)
compliance. ' Ibis collective action plan, in order to
be accepted by the sponsor, shall include the
following mandatory enforcement language:
If, at any time in the future, the Office of Federal
Contract Compliance Programs or the Federal
Highway Administration or the Arkansas State
Highway Commission or their successor(s) believe
that (name of contractor) has violated any portion of
this agreement, ( name of contractor) shall be
promptly notified of the fact in writing. This
notification shall include a statement of the facts and
circumstances relied upon in forming that belief. In
addition, the notification shall provide ( name of
contractor) with 15 days to respond in writing to the
notification except where the Office of Federal
Contract Compliance Programs, the Federal
Highway Administration or the Arkansas State
Highway Commission alleges that such delay would
result in irreparable injury. It is understood that
enforcement proceedings for violation of this
agreement may be initiated at any time after the 15-
day period has elapsed ( or sooner if irreparable
injury is alleged) without issuance of a show cause
notice.”
It is recognized that where the Office of Federal
Contract Compliance Programs and/or the Federal
Highway Administration and/or the Arkansas State
Highway Commission believes that ( name of
contractor) has breached this agreement, evidence
regarding the entire scope of ( name of contractor)
alleged noncompliance from which this agreement
resulted, in addition to evidence regarding (name of
contractor) alleged violation of this agreement, may
be introduced at the enforcement proceeding.”
Violation of this agreement may subject ( name of
contractor) to sanctions pursuant to the Arkansas
State Highway Commission contract administration
procedures. It is further recognized that liability for
violation of this agreement may also subject ( name
of contractor) to sanctions set forth in Section 209 of
Executive Order 11246, as amended, and/or
appropriate relief.”
The contractor will submit quarterly reports to the
sponsor as a result of any deficiencies cited during
an equal employment opportunity compliance
review. The reports will indicate the affirmative
action steps taken to correct the deficiencies.
Instructions for submission of the reports will be
furnished by the Equal Employment Opportunity
Section.
7-26-96 FHWA-1273 Supplement
Page 1 of 2
FHWA-1273 SUPPLEMENTAL SPECIFICATION
EQUAL EMPLOYMENT OPPORTUNITY – GOALS & TIMETABLES
NOTICE OF REQUIREMENT FOR AFFIRMATIVE
ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY (EXECUTIVE ORDER 11246)
1. The Bidder' s attention is called to the ' Equal Opportunity Clause' and the ‘ Standard Federal Equal
Employment Specifications’ set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the
contractor’ s aggregate workforce in each trade on all construction work in covered area, are as follows:
MINORITIES
COUNTY
Arkansas 16.4% Lee 26.5%
Ashley 16.4% Lincoln 16.4%
Baxter 3.3% Little River 19.7%
Benton 3.3% Logan 6.6%
Boone 3.3% Lonoke 16.4%
Bradley 16.4% Madison 3.3%
Calhoun 16.4% Marion 3.3%
Carroll 3.3% Miller 19.7%
Chicot 16.4% Mississippi 26.5%
Clark 16.4% Monroe 16.4%
Clay 26.5% Montgomery 16.4%
Cleburne 16.4% Nevada 20.2%
Cleveland 16.4% Newton 3.3%
Columbia 20.2% Ouachita 16.4%
Conway 16.4% Perry 16.4%
Craighead 26.5% Phillips 26.5%
Crawford 5.6% Pike 20.2%
Crittenden 32.3% Poinsett 26.5%
Cross 26.5% Polk 6.6%
Dallas 16.4% Pope. 16.4%
Desha 16.4% Prairie 16.4%
Drew 16.4% Pulaski 15.7%
Faulkner 16.4% Randolph 26.5%
Franklin 6.6% Saline 15.7%
Fulton 16.4% Scott 6.6%
Garland 16.4% Searcy 3.3%
Grant 16.4% Sebastian 5.6%
Greene 26.5% Sevier 20.2%
Hempstead 20.2% Sharp 16.4%
Hot Spring 16.4% Stone 16.4%
Howard -20.2% St. Francis 26.5%
Independence 16.4% Union 16.4%
Izard 16.4% Van Buren 16.4%
Jackson 16.4% Washington 3.3%
Jefferson 31.2% White 16.4%
Johnson 16.4% Woodruff 16.4%
Lafayette 20.2% Yell 16.4%
Lawrence 26.5%
FEMALES
Statewide – 6.9%
7-26-96 FHWA-1273 Supplement
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FHWA-1273 SUPPLEMENTAL SPECIFICATION
EQUAL EMPLOYMENT OPPORTUNITY – GOALS & TIMETABLES
NOTICE OF REQUIREMENT FOR AFFIRMATIVE
ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY (EXECUTIVE ORDER 11246)
These goals are applicable to all the Contractor' s construction work ( whether or not it is Federal or federally
assisted) performed in the covered area. If the contractor performs construction work in a geographical area
located outside of the covered area, it shall apply the goals established for such geographical area where the work
is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its
federally involved and nonfederally involved construction.
The Contractor’ s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on
its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female
employment and training must be substantially uniform throughout the length of the contract, and in each trade,
and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.
The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project
for the sole purpose of meeting the Contractor’ s goals shall be a violation of the contract, the Executive Order and
the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours
performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance
Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier
for construction work under the contract resulting from this solicitation. The notification shall list the name,
address, and telephone number of the subcontractor; employer identification number of the subcontractor;
estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the
geographical area in which the subcontract is to be performed.
4. As used in the Notice, and in the contract resulting from this solicitation, the ‘ covered area’ is as described in
the Proposal Form for this project.
7-26-96 FHWA-1273 Supplement
Page 1 of 4
FHWA-1273 SUPPLEMENTAL SPECIFICATION
EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
EXECUTIVE ORDER 11246)
1. As used in these specifications:
a.“ Covered area” means the geographical
area described in the solicitation from which this
contract resulted;
b. “ Director” means Director, Office of
Federal Contract Compliance Programs United
States Department of Labor, or any person to whom
the Director delegates authority;
c.“ Employer identification number” means
the Federal Social Security number used on the
Employer’ s Quarterly Federal Tax Return, U.S.
Treasury Department Form 941.
d. “ Minority” includes:
i. Black (all persons having origins in any
of the Black African racial groups not
of Hispanic origin);
ii. Hispanic ( all persons of Mexican,
Puerto Rican, Cuban, Central or South
American or other Spanish Culture or
origin, regardless of race);
iii. Asian and Pacific Islander ( all persons
having origins in any of the original
peoples of the Far East, Southeast Asia,
the Indian Subcontinent, or the Pacific
Islands); and
iv. American Indian or Alaskan Native (all
persons having origins in any of the
original peoples of North America and
maintaining identifiable tribal
affiliations through membership and
participation or community
identification).
2. Whenever the Contractor, or any
Subcontractor at any tier, subcontracts a portion of
the work involving any construction trade, it shall
physically include in each subcontract in excess of
10,000 the provisions of these specifications and
the Notice which contains the applicable goals for
minority and female participation and which is set
forth in the solicitations from which this contract
resulted.
3. If the Contractor is participating ( pursuant to
41 CFR 60-4.5) in a Hometown Plan approved by
the U.S. Department of Labor in the covered area
either individually or through an association, its
affirmative action obligations and on all work in the
Plan area (including goals and timetables) shall be in
accordance with that Plan for those trades which
have unions participating in the Plan. Contractors
must be able to demonstrate their participation in
and compliance with the provisions of any such
Hometown Plan. Each Contractor or Subcontractor
participating in an approved Plan is individually
required to comply with its obligations under the
EEO clause, and to make a good faith effort to
achieve each goal under the Plan in each trade in
which it has employees. The overall Good Faith
performance by other Contractors or subcontractors
toward a goal in an approved Plan does not excuse
any covered Contractor’ s or Subcontractor’ s failure
to take good faith efforts to achieve the Plan goals
and timetables.
4. The Contractor shall implement the specific
affirmative action standards provided in paragraphs
7a through p of these specifications. The goals set
forth in the solicitation from which this contract
resulted are expressed as percentages of the total
hours of employment and training of minority and
female utilization the Contractor should reasonably
be able to achieve in each construction trade in
which it has employees in the covered area.
Covered construction contractors performing
construction work in geographical areas where they
do not have a Federal or federally assisted
construction contract shall apply the minority and
female goals established for the geographical area
where the work is being performed. Goals are
published periodically in the Federal Register in
notice form, and such notices may be obtained from
any Office of Federal Contract Compliance
Programs office or from Federal procurement
contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its
goals in each craft during the period specified.
5. Neither the provisions of any collective
bargaining agreement, nor the failure by a union
with whom the Contractor has a collective
7-26-96 FHWA-1273 Supplement
Page 2 of 4
FHWA-1273 SUPPLEMENTAL SPECIFICATION
EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
EXECUTIVE ORDER 11246)
bargaining agreement, to refer either minorities or
women shall excuse the Contractor’ s obligations
under these specifications, Executive Order 11246,
or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of
apprentices and trainees to be counted in meeting the
goals, such apprentices and trainees must be
employed by the Contractor during the training
period, and the Contractor must have made a
commitment to employ the apprentices and trainees
at the completion of their training, subject to the
availability of employment opportunities. Trainees
must be trained pursuant to training programs
approved by the U. S. Department of Labor.
7. The Contractor shall take specific affirmative
actions to ensure equal employment opportunity.
The evaluation of the Contractor's compliance with
these specifications shall be based upon its effort to
achieve maximum results from its actions. The
Contractor shall document these efforts fully, and
shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working
environment free of harassment, intimidation,
and coercion at all sites, and in all facilities at
which the Contractor's employees are assigned
to work. The Contractor, where possible, will
assign two or more women to each construction
project. The Contractor shall specifically ensure
that all foremen, superintendents, and other on-
site supervisory personnel are aware of and carry
out the Contractor's obligation to maintain such
a working environment, with specific attention
to minority or female individuals working at
such sites or in such facilities.
b. Establish and maintain a current list of
minority and female recruitment sources,
provide written notification to minority and
female recruitment sources and to community
organizations when the Contractor or its unions
have employment opportunities available, and
maintain a record of the organizations'
responses.
c. Maintain a current file of the names,
addresses and telephone numbers of each
minority and female off-the-street applicant and
minority or female referral from a union, a
recruitment source or community organization
and of what action was taken with respect to
each such individual. If such individual was
sent to the union hiring hall for referral and was
not referred back to the Contractor by the union
or, if referred, not employed by the Contractor,
this shall be documented in the file with the
reason therefor, along with whatever additional
actions the Contractor may have taken.
d. Provide immediate written notification to
the Director when the union or unions with
which the Contractor has a collective bargaining
agreement has not referred to the Contractor a
minority person or woman sent by the
Contractor, or when the Contractor has other
information that the union referral process has
impeded the Contractor's efforts to meet its
obligations.
e. Develop on-the-job training opportunities
and/or participate in training programs for the
area which expressly include minorities and
women, including upgrading programs and
apprenticeship and trainee programs relevant to
the Contractor's employment needs, especially
those programs funded or approved by the
Department of Labor. The Contractor shall
provide notice of these programs to the sources
compiled under 7b above.
f. Disseminate the Contractor's EEO policy
by providing notice of the policy to unions and
training programs and requesting their
cooperation in assisting the Contractor in
meeting its EEO obligations; by including it in
any policy manual and collective bargaining
agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific
review of the policy with all management
personnel and with all minority and female
employees before the start of work and then not
less often than once every six months; and by
posting the company EEO policy on bulletin
7-26-96 FHWA-1273 Supplement
Page 3 of 4
FHWA-1273 SUPPLEMENTAL SPECIFICATION
EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
EXECUTIVE ORDER 11246)
boards accessible to all employees at each
location where construction work is performed.
g. Review the company's EEO policy and
affirmative action obligations under these
specifications with all employees having any
responsibility for hiring, assignment, layoff,
termination or other employment decisions
including specific review of these items with on-
site supervisory personnel such as
Superintendents, General Foreman, etc., prior to
the initiation of construction work at any job site
and then not less often than once every six
months. A written record shall be made and
maintained identifying the time and place of
these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy
externally by including it in any advertising in
the news media, specifically including minority
and female news media, and providing written
notification to and discussing the Contractor's
EEO policy with other Contractors and
Subcontractors with whom the Contractor does
or anticipates doing business.
i. Direct its recruitment efforts, both oral
and written, to minority, female and community
organizations, to schools with minority and
female students and to minority and female
recruitment and training organizations serving
the Contractor's recruitment area and
employment needs. Not later than one month
prior to the date for the acceptance of
applications for apprenticeship or other training
by any recruitment source, the Contractor shall
send written notification to organizations such as
the above describing the openings, screening
procedures, and test to be used in the selection
process.
j. Encourage present minority and female
employees to recruit other minority persons and
women and, where reasonable, provide after
school, summer and vacation employment to
minority and female youth both on the site and
in other areas of a Contractor's workforce.
k. Validate all tests and other selection
requirements where there is an obligation to do
so under 41 CFR Part 60-3.
l. Conduct, at least annually, an inventory
and evaluation at least of all minority and female
personnel for promotional opportunities and
encourage these employees to seek or to prepare
for, through appropriate training, etc., such
opportunities.
m. Ensure that seniority practices, job
classifications, work assignments and other
personnel practices, do not have a discriminatory
effect by continually monitoring all personnel
and employment related activities to ensure that
the EEO policy and the Contractor's obligations
under these specifications are being carried out.
n. Ensure that all facilities and company
activities are nonsegregated except that separate
or single-user toilet and necessary changing
facilities shall be provided to assure privacy
between the sexes.
o. Document and maintain a record of all
solicitations of offers for subcontracts from
disadvantaged business enterprise construction
contractors and suppliers, including circulation
of solicitations to minority and female contractor
associations and other business associations.
p. Conduct a review, at least annually, of all
supervisors' adherence to and performance under
the Contractor's EEO policies and affirmative
action obligations.
8. Contractors are encouraged to participate in
voluntary associations which assist in fulfilling one
or more of their affirmative action obligations ( 7a
through p). The efforts of a contractor association,
joint contractor-union, contractor community, or
other similar group of which the contractor is a
member and participant, may be asserted as fulfilling
any one or more of its obligations under 7a through
p of these Specifications provided that the contractor
actively participates in the group, makes every effort
to assure that the group has a positive impact on the
7-26-96 FHWA-1273 Supplement
Page 4 of 4
FHWA-1273 SUPPLEMENTAL SPECIFICATION
EQUAL EMPLOYMENT OPPORTUNITY – FEDERAL STANDARDS
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
EXECUTIVE ORDER 11246)
employment of minorities and women in the
industry, ensures that the concrete benefits of the
program are reflected in the Contractor's minority
and female workforce participation, makes a good
faith effort to meet its individual goals and
timetables, and can provide access to documentation
which demonstrates the effectiveness of actions
taken on behalf of the Contractor. The obligation to
comply, however, is the Contractor's and failure of
such a group to fulfill an obligation shall not be a
defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate
single goal for women have been established. The
Contractor, however, is required to provide equal
employment opportunity and to take affirmative
action for all minority groups, both male and female,
and all women, both minority and non-minority.
Consequently, the Contractor may be in violation of
the Executive Order if a particular group is
employed in a substantially disparate manner ( for
example, even thou-h the Contractor has achieved its
goals for women generally, the Contractor may be in
violation of the Executive Order if a specific
minority group of women is underutilized).
10. The Contractor shall not use the goals and
timetables or affirmative action standards to
discriminate against any person because of race,
color, religion, sex, national origin, age or disability.
11. The Contractor shall not enter into any
Subcontract with any person or firm debarred from
Government contracts pursuant to Executive
Order 11246.
12. The Contractor shall carry out such sanctions
and penalties for violation of these specifications
and of the Equal Employment Opportunity Clause,
including suspension, termination and cancellation
of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as
amended, and its implementing regulations, by the
Office of Federal Contract Compliance Programs.
Any Contractor who fails to carry out such sanctions
and penalties shall be in violation of these
specifications and Executive Order 11246, as
amended.
13. The Contractor, in fulfilling its obligations
under these specifications, shall implement specific
affirmative action steps, at least as extensive as those
standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results
from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with
the requirements of the Executive Order, the
implementing regulations, or these specifications,
the Director shall proceed in accordance with
41 CFR 60-4.8.
14. The Contractor shall designate a responsible
official to monitor all employment related activity to
ensure that the company EEO policy is being carried
out, to submit reports relating to the provisions
hereof as may be required by the Government and to
keep records. Records shall at least include for each
employee the name, address, telephone numbers,
construction trade, union affiliation if any, employee
identification number when assigned, social security
number, race, sex, status (e.g., mechanic, apprentice,
trainee. helper, or laborer), dates of changes in
status, hours worked per week in the indicated trade,
rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the
degree that existing records satisfy this requirement,
contractors shall not be required to maintain separate
records.
15. Nothing herein provided shall be construed as
a limitation upon the application of other laws which
establish different standards of compliance or upon
the application of requirements for the hiring of local
or other area residents ( e.g., those under the Public
Works Employment Act of 1977 and the
Community Development Block Grant Program).
16. In addition to the reporting requirements set
forth elsewhere in this contract, the contractor and
the subcontractors holding subcontracts not
including material suppliers, of $ 10,000 or more,
shall submit for every month of July during which
work is performed employment data as contained
under Form PR-1391 ( Appendix C to 23 CFR,
Part 230), and in accordance with the instructions
included thereon.
7/26/96 FHWA-1273 Supplement
Rev. 2/11/98 Page 1 of 3
Rev. 2/20/03
Rev. 7/27/06
Rev. 10/24/06
Rev. 9/16/13
Rev. 8/22/17
Rev. 12/13/23
FHWA-1273 SUPPLEMENTAL SPECIFICATION
POSTERS AND NOTICES REQUIRED FOR FEDERAL-AID PROJECTS
POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN
1. Equal Employment Opportunity – Know Your Rights U.S. Department of Labor ARDOT Resident Engineer
OFCCP)
2. Company EEO Policy U. S. Department of Labor Contractor to Prepare:
prepared by the Contractor on the Company’ s letterhead) OFCCP)
a. EEO policy statement.
b. Notice encouraging employees to refer
minority and female applicants for
employment.
c. Notice informing employees of an
available training program and the
entrance requirements.
d. Complaint procedures.
e. Notice identifying company EEO officer by name,
including address and telephone number where EEO
officer can be located.
f. Work environment statement.
g. Certification of nonsegregated facilities.
h. Notice to unions disseminating EEO commitments and
responsibilities and requesting their cooperation.
Union Contractors Only
3. Current Wage Rates (PR-1273 Supplement) U. S. Department of Labor Contained in contract. Extra copies may be obtained
or SS Revisions of PR-1273 for Off-System from Program Management -ARDOT
Projects
7/26/96 FHWA-1273 Supplement
Rev. 2/11/98 Page 2 of 3
Rev. 2/20/03
Rev. 7/27/06
Rev. 10/24/06
Rev. 9/16/13
Rev. 8/22/17
Rev. 12/13/23
FHWA-1273 SUPPLEMENTAL SPECIFICATION
POSTERS AND NOTICES REQUIRED FOR FEDERAL-AID PROJECTS
POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN
4. “ Employee Rights Under the Davis-Bacon Act” U. S. Department of Labor ARDOT Resident Engineer
WH 1321)
5. “ Employee Rights Under the Davis-Bacon Act” U. S. Department of Labor ARDOT Resident Engineer
WH 1321 SPA)
6. Minimum Wage Rate (WH 1088) U. S. Department of Labor ARDOT Resident Engineer
7. “ NOTICE” Federal Aid Projects U. S. Department of Transportation ARDOT Resident Engineer
PR-1022) FHWA)
8. Job Safety and Health Protection U. S. Department of Labor ARDOT Resident Engineer
OSHA 3165 OSHA)
9. Job Safety and Health Protection U. S. Department of Labor ARDOT Resident Engineer
OSHA 3167 SPA OSHA)
10. Emergency Phone Numbers of Doctors, Hospital and U. S. Department of Labor ARDOT Resident Engineer
Ambulance near Job Site for referring injured employees. OSHA)
11. WCC Form AR-P State of Arkansas Insurance Carrier
Workers Compensation Notice and Instructions to Employers
and Employees
Self-Insurer State of Arkansas Administrator -Self-Insured Group
7/26/96 FHWA-1273 Supplement
Rev. 2/11/98 Page 3 of 3
Rev. 2/20/03
Rev. 7/27/06
Rev. 10/24/06
Rev. 9/16/13
Rev. 8/22/17
Rev. 12/13/23
FHWA-1273 SUPPLEMENTAL SPECIFICATION
POSTERS AND NOTICES REQUIRED FOR FEDERAL-AID PROJECTS
POSTER OR DOCUMENT REQUIRED REQUIRED BY WHERE TO OBTAIN
12. Log and Summary of Occupational Injuries and Illnesses U. S. Department of Labor ARDOT Resident Engineer
OSHA Form 300) OSHA)
The Summary portion must be posted from February 1 to Public Law 91-596
April 30, of the year following the year covered by the form.
13. Family and Medical Leave Act of 1993 U. S. Department of Labor ARDOT Resident Engineer
WH-1420)
Employers who employ 50 or more employees for at least 20
workweeks in the current or preceding calendar year.
14. Employee Polygraph Protection Act (WH-1462) U. S. Department of Labor ARDOT Resident Engineer
15. Your Rights Under USERRA (The Uniformed Services U. S. Department of Labor ARDOT Resident Engineer
Employment and Reemployment Rights Act)
16. Arkansas Department of Labor Notice to Employer & Arkansas Department of Labor ARDOT Resident Engineer
Employee
17. Pay Transparency Nondiscrimination Provision U. S. Department of Labor ARDOT Resident Engineer
OFCCP)
12/15/11 Page 1 of 2
SPONSOR
SUPPLEMENT TO PROPOSAL
ANTI-COLLUSION AND DEBARMENT CERTIFICATION
FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID
NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION.
As a condition precedent to the acceptance of the bidding document for this project, the bidder shall file
this Affidavit executed by, or on behalf of the person, firm, association, or corporation submitting the
bid. The original of this Affidavit shall be filed with the SPONSOR at the time proposals are
submitted.
AFFIDAVIT
I hereby certify, under penalty of perjury under the laws of the United States and/or the State of
Arkansas, that the bidder listed below has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in
connection with the submitted bid for this project, is not presently barred from bidding in any other
jurisdiction as a result of any collusion or any other action in restraint of free competition, and that the
foregoing is true and correct.
Further, that except as noted below, the bidder, or any person associated therewith in the capacity of
owner, partner, director, officer, principal investigator, project director, manager, auditor, or any
position involving the administration of Federal funds:
a. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility
by any Federal agency;
b. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal
agency within the past 3 years;
c. does not have a proposed debarment pending; and
d. has not been indicted, convicted, or had an adverse civil judgment rendered by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
12/15/11 Page 2 of 2
SPONSOR
SUPPLEMENT TO PROPOSAL
ANTI-COLLUSION AND DEBARMENT CERTIFICATION
FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID
NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION.
EXCEPTIONS:
APPLIED TO INITIATING AGENCY DATES OF ACTION
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. Providing false information may result in criminal prosecution or administrative
sanctions.
Job No.
Name of Bidder)
F.A.P. No.
Signature)
Date Executed) ( Title of Person Signing)
The following Notary Public certification is OPTIONAL and may or may not be completed at the
contractor's discretion.
State of ___________________________ )
County of ___________________________ )ss.
being duly sworn, deposes and says that he is
of __________________________________________
Title) ( Name of Bidder)
and that the above statements are true and correct.
Subscribed and Sworn to before me this _____ day of ____________________,20_____.
My commission expires:______________________________________
Notary Public)
NOTARY SEAL)
7/26/96 Page 1 of 2
SPONSOR
SUPPLEMENT TO PROPOSAL
C E R T I F I C A T I O N
The prospective contractor certifies, by signing and submitting this proposal, to the best of his or her
knowledge and belief, that:
1 No Federal appropriated funds have been paid or will be paid, by or on his or her behalf, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal-Aid contract, the prospective contractor shall complete and submit
Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
Available from Arkansas State Highway and Transportation Department, Programs and Contracts
Division).
This Certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. This Certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U. S. Code.
During the period of performance of this contract, the contractor and all lower tier subcontractors must
file a Form-LLL at the end of each calendar year quarter in which there occurs any event that requires
disclosure or that materially affects the accuracy of the information contained in any previously filed
disclosure form. Any person who fails to file the required Certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each failure.
The prospective contractor also agrees by submitting his or her proposal that he or she shall require that
the language of this Certification be included in all lower tier subcontracts which exceed $ 100, 000 and
that all such subcontractors shall certify and disclose accordingly.
7/26/96 Page 2 of 2
SPONSOR
SUPPLEMENT TO PROPOSAL
C E R T I F I C A T I O N
THIS CERTIFICATION SHALL BE COMPLETED BY THE BIDDER AS
PART OF THIS PROPOSAL
The bidder _______________________________,proposed subcontractor _______________________,
hereby certifies that he has ________, has not ________, participated in a previous contract or
subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or
11246, and that he has ________, has not ________, filed with the Joint Reporting Committee, the
Director of the Office of Federal Contract Compliance, a Federal Government contracting or
administering agency, or the former President's Committee on Equal Employment Opportunity, all
reports due under the applicable filing requirements.
Currently, Standard Form 100 [ EEO-1] is the only report required by the Executive Orders or their
implementing regulations.)
JOB NO.
Company)
F.A.P. NO. By:
Signature)
Date Executed) ( Title of Person Signing)
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary of Labor ( 41 CFR 60-1.7 ( b) ( 1)), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are
set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note that
41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a
report covering the delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor.
ARKANSAS DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL SPECIFICATION FHWA-1273 Supplemental
WAGE RATE DETERMINATION Page 1 of 5
ARKANSAS DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL SPECIFICATION FHWA-1273 Supplemental
WAGE RATE DETERMINATION Page 2 of 5
ARKANSAS DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL SPECIFICATION FHWA-1273 Supplemental
WAGE RATE DETERMINATION Page 3 of 5
ARKANSAS DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL SPECIFICATION FHWA-1273 Supplemental
WAGE RATE DETERMINATION Page 4 of 5
ARKANSAS DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL SPECIFICATION FHWA-1273 Supplemental
WAGE RATE DETERMINATION Page 5 of 5
City of Fayetteville, AR
Bid 2 6 -3 7 , Addendum 1
Page 1 | 2
Bid 26-37, Addendum 1
Date: Friday, May 29, 2026
To: All Prospective Vendors
From: Kenny Fitch – 479.575.8258 – kfitch@fayetteville-ar.gov
RE: Bid 26-37, Construction – Millsap/College Intersection & Hemlock Improvements
This addendum is hereby made a part of the contract documents to the same extent as though it were
originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of
the Bid.
BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
1. CLARIFICATIONS:
a. Hemlock will be constructed and open prior to starting on Millsap in order to facilitate the
maintenance of traffic.
b. Due to lowering a portion of the road on the east side of College Ave, a section of waterline
replacement is included in the project.
c. A gravity block retaining wall is included in the project with a maximum height of 7’. This will
require coordination with the block manufacturer.
d. Easement and right of way acquisition has been completed.
e. Utility relocation is ongoing in the area. Pending relocations include Cox Communications
moving to new SWEPCO poles, Black Hills relocating a gas line, and AT&T lowering fiber duct.
This will be coordinated during the construction of the roadway.
f. Stormwater improvements will be included on Hemlock and Millsap (east of College). This will
include new pipes, inlet structures, junctions, etc.
g. Traffic control will be critical. The City anticipates one stage of construction for Hemlock, one
stage for the eastern portion of Millsap, and two stages for the western portion of Millsap.
Message boards are included in the bid and will be utilized throughout construction.
h. The Bank of Oklahoma Financial site at the northeast corner of Front St and Millsap has plans for
redevelopment. Existing buildings will be removed and new buildings will be constructed. The
exact timing of the project is unknown at this time but could overlap with this project to some
extent. The development plans have not yet been approved by the City.
i. Coordination with ARDOT will be required. Most of the scope exists within the City’s right of
way, but the project is being funded by grants administered by ARDOT.
j. The drainage scope for the Hemlock connection includes a drainage swale with landscape rock
to convey runoff around the existing University of Arkansas Maintenance Building.
k. The pavement section for Hemlock is concrete due to steep grades.
l. The Table of Contents from the Project Manual has been updated and reissued as an
attachment to this addendum to include Special Provision # 21 (SP # 21) – Relocation of Traffic
Signal Head.
m. Plan sheets C-500 and C-505 have been revised and included as an attachment to this
addendum to reflect the changes made to the item descriptions and quantities.
2. QUESTIONS:
a. Could a line item be added for Traffic Signal Pedestal Poles?
Line item 3.80 has been updated. See the description of the change in the Line Item section
below.
b. The is a line item for a 40’ traffic signal pole and mast arm, but all the arms appear to be 42’
according to the plans. Also, the line item for the 42’ mast arm structures has a quantity of 2
each. Can you provide clarification?
The line item for the 40’ traffic signal pole and mast arm was incorrect. All arms shall be 42’.
The line items and quantities have been updated to reflect the correct items and quantities.
See the description of the change in the Line Item section below.
c. Could a line item be added for traffic signal head relocation?
Yes, a line item for this has been added. See the description of the change in the Line Item
section below. Additionally, Special Provision 21 (SP # 21) has been reissued as an
attachment to this addendum to provide more detailed information for this line item.
3. LINE ITEMS:
a. 3.80) Traffic Signal Pedestal Pole with Foundation ( ARDOT SS & 711): This line item description
has been updated from “ Traffic Signal Mast Arm and Pole with Foundation ( 40’) and the quantity
has been updated from 1EA to 6EA.
b. 3.81) Traffic Signal Mast Arm and Pole Foundation ( 42’) ( ARDOT SS & 711): This line item
quantity has been updated from 2EA to 3EA.
c. 3.92) Relocation of Traffic Signal Head ( SP # 21): This line item has been added with a quantity of
1EA.
4. ATTACHMENTS:
a. Attachment A: Pre-Bid Meeting Sign-In Sheet
b. Attachment B: Revised Table of Contents
c. Attachment C: Revised Special Provision # 21 (SP # 21)
d. Attachment D: Revised Plan Sheets C-500 and C-505
City of Fayetteville, AR
Bid 2 6 -3 7 , Addendum 1
Page 2 | 2
Attachment A:Pre-Bid Meeting Sign-In Sheet
Attachment B: Revised Table of Contents
TABLE OF CONTENTS
MILLSAP RD./COLLEGE AVE. INTERS. IMPVTS. & N. HEMLOCK AVE. IMPVTS.
CONTRACT DOCUMENTS
INTRODUCTORY INFORMATION
00010 TABLE OF CONTENTS 00010-1 of 2
00100 BID SOLICITATION
00140 BIDDER’ S QUALIFICATION STATEMENT 00140-1 of 4
00200 INSTRUCTIONS TO BIDDERS 00200-1 of 11
00400 BID FORMS AND SUPPLEMENTS
00400 BID FORM 00400-1 of 6
00410 BID BOND 00410-1 of 2
00430 LIST OF SUBCONTRACTORS 00430-1 of 2
00500 AGREEMENT FORM
00500 AGREEMENT FORM 00500-1 of 9
00550 NOTICE TO PROCEED 00550-1 of 2
00600 BONDS AND CERTIFICATES
00610 PERFORMANCE BOND 00610-1 of 2
00611 LABOR AND MATERIAL PAYMENT BOND 00611-1 of 4
00700 CONTRACT GENERAL CONDITIONS 00700-1 of 50
00800 SUPPLEMENTARY CONDITIONS 00800-1 of 1
29 CFR Part 1926 Subpart P, OSHA Standards
DIVISION 1 -GENERAL REQUIREMENTS
01110 SUMMARY OF WORK 01110- 1 of 4
01250 CONTRACT MODIFICATION PROCEDURES 01250-1 of 2
01270 UNIT PRICES 01270- 1 of 2
01271 MEASURMENT AND PAYMENT 01271-1 of 6
01290 PAYMENT PROCEDURES 01290-1 of 2
01290. 01 APPLICATION FOR PAYMENT 01290. 01-1 of
01290. 12 CERTIFICATE OF SUBSTANTIAL COMPLETION 01290. 12-1 of 2
01290. 14 CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 01290. 14-1 of 2
01290. 15 SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 01290. 15-1 of 2
01320 PROJECT MEETINGS, SCHEDULES, AND REPORTS 01320- 1 of 2
01321 SCHEDULE 01321-1 of 2
01325 CONSTRUCTION PHOTOS 01325-1 of 4
01420 DEFINITIONS AND STANDARDS 01420-1 of 4
01530 BARRIERS AND TEMPORARY CONTROLS 01530-1 of 6
01560 TEMPORARY UTILITIES AND FACILITIES 01560-1 of 8
01580 PROJECT IDENTIFICATION SIGNS 01580-1 of 2
TECHNICAL SPECIFICATIONS
CITY OF FAYETTEVILLE STANDARD SPECIFICATIONS FOR STREET AND DRAINAGE
CONSTRUCTION
CITY OF FAYETTEVILLE STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION
OF WATER LINES AND SEWER LINES, 2022 EDITION
ARKANSAS DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR
HIGHWAY CONSTRUCTION, 2014 EDITION ( REFERENCE ONLY. GO TO
https:// ardot. gov/ divisions/ construction/ standard-specifications/ FOR FULL DOCUMENTS)
ERRATA FOR THE 2014 ARKANSAS DEPARTMENT OF TRANSPORTATION SPECIFICATIONS
FOR HIGHWAY CONSTRUCTION, 2014 EDITION ( REFERENCE ONLY. GO TO
https:// ardot. gov/ divisions/ construction/ standard-specifications/ FOR FULL DOCUMENTS)
SPECIAL PROVISIONS
SP # 1 COORDINATION OF WORK
SP # 2 TRENCH AND EXCAVATION SAFETY SYSTEMS
SP # 3 STORM WATER POLLUTION PREVENTION PLAN
SP # 4 MAINTENANCE OF TRAFFIC
SP # 5 SHORING FOR CULVERTS
SP # 6 DRAINAGE STRUCTURE BACK OPENING
SP # 7 CONCRETE FLUME
SP # 8 SELECT PIPE BACKFILL ( CLASS 67)
SP # 9 PEDESTRIAN REFUGE ISLANDS
SP # 10 GRAVITY BLOCK RETAINING WALL
SP # 11 REMOVE AND REPLACE TREES
SP # 12 IRRIGATION SYSTEM ADJUSTMENT
SP # 13 LANDSCAPE ROCK DRAINAGE SWALE
SP # 14 SCOUR TRANSITION MAT
SP # 15 P.C.C. PAVEMENT ( 6” UNIFORM THICKNESS), INCLUDING MONLITHIC CURB ( TYPE A)
SP # 16 U OF A PROPERTY CONSTRUCTION
SP # 17 McCAIN ATC eX2 NEMA CONTROLLER TS2-TYPE 2
SP # 18 HYBRID VIDEO/ RADAR DETECTION SYSTEM
SP # 19 EMERGENCY BATTERY BACKUP SYSTEM INSTALLATION
SP # 20 LED TRAFFIC SIGNAL HEAD
SP # 21 RELOCATION OF TRAFFIC SIGNAL HEAD
SP # 22 LED COUNTDOWN PEDESTRIAN SIGNAL HEAD
SP # 23 ELECTRICAL CONDUCTORS-IN-CONDUIT ( TRAFFIC SIGNAL)
SP # 24 LED LUMINAIRE ASSEMBLY
SP # 25 SERVICE POINT ASSEMBLY ( TRAFFIC CONTROL DEVICES)
SP # 26 REMOVAL OF TRAFFIC SIGNAL EQUIPMENT
SP # 27 STREET NAME SIGN ( MAST ARM MOUNTED)
SP # 28 VIDEO DETECTOR ROTATION
SP # 29 ELECTRICAL CONDUCTORS FOR LUMINAIRES ( TRAFFIC SIGNAL)
SP # 30 RETROREFLECTIVE BACKPLATES
SP # 31 ACCESSIBLE PEDESTRIAN SIGNAL ( APS)
SP # 32 CABINET DRAWER ASSEMBLY
00010-Table of Contents 00010 -2
SP # 33 PREEMPTION SYSTEM
SP # 34 DIFFERING SITE CONDITIONS AND TEMPORARY SUSPENSIONS OF WORK
SP # 35 BUY AMERICA – CONSTRUCTION MATERIALS
SP # 36 DOCUMENTATION OF PAYMENTS MADE TO DBE
SP # 37 NOT USED
SP # 38 PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT
ARDOT/ FHWA SPECIAL PROVISIONS
TITLE VI CONTRACT PROVISIONS, APPENDIX A
TITLE VI CONTRACT PROVISIONS, APPENDIX E
FHWA-1273 – REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION
CONTRACTS
FHWA-1273 SUPPLEMENTAL SPECIFICATION, EQUAL EMPLOYMENT OPPORTUNITY
NOTICE TO CONTRACTORS
FHWA-1273 SUPPLEMENTAL SPECIFICATION, SPECIFIC EQUAL EMPLOYMENT
OPPORTUNITY RESPONSIBILITIES
FHWA-1273 SUPPLEMENT SPECIFICATION, EQUAL EMPLOYMENT OPPORTUNITY –
GOALS & TIMETABLES
FHWA-1273 SUPPLEMENTAL SPECIFICATION, EQUAL EMPLOYMENT OPPORTUNITY
FEDERAL STANDARDS
FHWA-1273 SUPPLEMENTAL SPECIFICATION, POSTERS AND NOTICES REQUIRED
FOR FEDERAL-AID PROJECTS
SUPPLEMENT TO PROPOSAL – ANTI-COLLUSION AND DEBARMENT
CERTIFICATION
SUPPLEMENT TO PROPOSAL – CERTIFICATION
MINIMUM WAGE RATE REQUIREMENTS – WASHINGTON COUNTY
END OF DOCUMENT 00010
00010-Table of Contents 00010 -3
01- 14-1994 Page 1 of 1Attachment C: Revised Special Provision # 21 (SP #21)
04- 02-1998 Rev.
02-27-2014 Rev.
11-16-2017 Rev.
12-06-2018 Rev.
SPECIAL PROVISION # 21
JOB NO. 040943
MILLSAP / COLLEGE INTERSECTION IMPROVEMENT PROJECT
RELOCATION OF TRAFFIC SIGNAL HEAD
DESCRIPTION. This item consists of removing and reinstalling a mast arm pole mounted
signal head as shown in the plans or as directed by the Engineer.
MATERIALS. Contractor shall be paid the unit price bid for furnishing and installing signal
cable necessary for relocation of the designated signal head.
CONSTRUCTION REQUIREMENTS. Contractor shall be allowed to splice signal cable inside
pole bases. A separate multiple conductor traffic signal cable shall be installed from the pole
base to each signal head on the pole unless otherwise directed.
METHOD OF MEASUREMENT. Signal head relocation shall be measured by the unit.
BASIS OF PAYMENT. Work completed, accepted and measured as provided above will be
paid for at the contract unit price bid for each signal head removed and reinstalled; which price
shall be full compensation for furnishing equipment, tools, labor and incidentals necessary to
complete the work.
Payment will be made under:
Pay Item Pay Unit
Relocation of Traffic Signal Head Each
1 1312111098765432
no. date ckddescriptionby
00 04-24-26 TRN JME ISSUED FOR BIDAttachment D: Revised Plan Sheets C-500 and C-505 01 05-28-26 EMW JME REVISION 1
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6576 LYNCH'S PRAIRIE COVE, STE B
SPRINGDALE, AR 72762
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CITY OF FAYETTEVILLE
MILLSAP/ COLLEGE
INTERSECTION IMPROVEMENTS
SUMMARY OF TRAFFIC
SIGNAL QUANTITIES I
SIGNAL PLANS -1
project contract
136268 040943
drawing rev.
C-500 01
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file 136268_TRF.dwg
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6576 LYNCH'S PRAIRIE COVE, STE B
SPRINGDALE, AR 72762
date detailed
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CITY OF FAYETTEVILLE
MILLSAP/ COLLEGE
INTERSECTION IMPROVEMENTS
TRAFFIC SIGNAL QUANTITIES
ISIGNAL PLANS -6
project contract
136268 040943
drawing rev.
C-505 01
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file 136268_TRF.dwg
City of Fayetteville, AR
Bid 2 6 -3 7 , Addendum 2
Page 1 | 1
Bid 26-37, Addendum 2
Date: Monday, June 8, 2026
To: All Prospective Vendors
From: Kenny Fitch – 479.575.8258 – kfitch@fayetteville-ar.gov
RE: Bid 26-37, Construction – Millsap/College Intersection & Hemlock Improvements
This addendum is hereby made a part of the contract documents to the same extent as though it were
originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of
the Bid.
BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
1. CLARIFICATIONS:
a. Asphalt mix designs shall be submitted after the project has been awarded. The following
asphalt mixes will be utilized on this project.
Millsap (Refer to Section 403.04(a) in City of Fayetteville’s Standard Specifications for
Street and Drainage Construction):
i. ACHM Surface- PG70-22, Surface Course 12.5mm(1/2”), ArDOT 2014 Spec
ii. ACHM Binder - PG70-22, Binder Course 25.0mm(1”), ArDOT 2014 Spec
iii. ACHM Base – PG70-22, Base Course 37.5mm(1.5”), ArDOT 2014 Spec
UofA Parking Lot and Driveways (Refer to Section 503.03(e) in City of Fayetteville’s
Standard Specifications for Street and Drainage Construction):
i. Type II Surface Course (1/2”)
2. QUESTIONS:
a. Can the City confirm the quantities for Unclassified Excavation? The plans indicate 1,000CY for
Millsap and 1,833 for Hemlock.
The quantities for Line Item 2.3 and Line Item 3.3 have been confirmed to be correct. Please
note that both quantities are considered “Plan Quantity”. Refer to Section 202.04(c) in City
of Fayetteville’s Standard Specifications for Street and Drainage Construction.
b. An ARDOT specified barrier wall will be needed in all phases due to a drop off height greater that
24”. Will this be a Line Item or should it be included with MOT?
The pricing should be included within Line Item 3.45 – Traffic Control and Maintenance.
Please refer to Section 510 in City of Fayetteville’s Standard Specifications for Street and
Drainage Construction.
CITY COUNCIL MEMO
2026-2045
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Chris Brown, Public Works Director
Justin Bland, City Engineer
FROM: Paul Libertini, Staff Engineer
SUBJECT: Millsap Rd & College Ave Intersection Improvements – Design Supplemental
Agreement No. 1 with Burns & McDonnell Engineering Company, Inc.
RECOMMENDATION:
A Resolution to approve Supplemental Design Agreement No. 1 with Burns & McDonnell Engineering
Company in the amount of $93,785.00 for additional engineering services associated with the Millsap Rd &
College Ave Intersection and Hemlock Ave Improvement project.
BACKGROUND:
The original design agreement with Burns & McDonnell Engineering Company, Inc. in the amount of $300,000
was executed on July 20, 2021. This project includes improvements to Millsap Road near the intersection with
College Avenue. The improvements to Millsap Road include an additional lane west of College Avenue to
provide additional left turning capacity, realignment of lanes on both sides of College Avenue, signalization
timing and phasing improvements and installation of crosswalks and pedestrian signals. It also includes the
design of the new 2-lane road extension of N. Hemlock Ave. from Sain St. to Millsap Rd.
DISCUSSION:
The design was finally completed in 2026, and the City held a bid opening on July 10, 2026. This has been a
very difficult project working with the Arkansas Department of Transportation ( ARDOT) and reacting to the
many different levels of review comments especially in acquiring right of way. This project was required to
obtain a second set of land appraisals and subsequent additional land acquisition from the same property
owners. This supplemental design agreement covers redoing the legal descriptions, the land acquisition
exhibits, coordinating with property owners, relocating a traffic signal pole, providing a water line relocation
plan, and additional coordination with 5 franchise utilities which was not anticipated in the original scope.
BUDGET/STAFF IMPACT:
The additional professional services will be paid from the Street Projects 2024 Bonds fund.
ATTACHMENTS: 3. Staff Review Form, 4. 2026-2045 Burns McDonnell Supp Agr #1
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2045
A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 1 TO THE
CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE
AMOUNT OF $ 93,785.00 FOR ADDITIONAL ENGINEERING SERVICES ASSOCIATED
WITH THE MILLSAP ROAD & COLLEGE AVENUE INTERSECTION AND HEMLOCK
AVENUE IMPROVEMENT PROJECT
WHEREAS, on July 20, 2021, the City entered into the original design Agreement with Burns &
McDonnell Engineering Company, Inc. to develop improvements to Millsap Road near the intersection
with College Avenue; and
WHEREAS, this project was required to obtain a second set of land appraisals and subsequent
additional land acquisition from the same property owners; and
WHEREAS, Supplemental Agreement No. 1 will cover redrafting the legal descriptions and land
acquisition exhibits, coordinating with property owners, relocating a traffic signal pole, providing a
water line relocation plan, and additional coordination with 5 franchise utilities which was not
anticipated in the original scope.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to
sign Supplemental Agreement No. 1 to the agreement with Burns & McDonnell Company, Inc. in the
amount of $93,785.00 for additional engineering services associated with the Millsap Road & College
Avenue Intersection and Hemlock Avenue Improvement project.
Page 1
City of Fayetteville Staff Review Form
2026-2045
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Paul Libertini 6/ 16/ 2026 ENGINEERING ( 621)
Submitted By Submitted Date Division / Department
Action Recommendation:
A Resolution to approve Supplemental Design Agreement No. 1 with Burns & McDonnell Engineering Company in
the amount of $93,785.00 for additional engineering services associated with the Millsap Rd & College Ave
Intersection and Hemlock Ave Improvement project.
Budget Impact:
4802. 860. 7227- 5860. 02 Street Projects 2024 Bonds
Account Number Fund
46020. 7227 Millsap/ College Intersection Improvements
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 584, 106. 00
Expenses ( Actual+ Encum)$ 263, 491. 00
Available Budget $ 320, 615. 00
Does item have a direct cost? Yes Item Cost $ 93, 785. 00
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget $ 226, 830. 00
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 189-21
Change Order Number: Approval Date:
Original Contract Number:
Comments:
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
AMENDMENT No. 1 Date: April 20, 2026
THIS AMENDMENT modifies the Agreement dated July 20, 2021, made by and between Burns &
McDonnell Engineering Company, Inc., ( hereinafter called ENGINEER), and City of Fayetteville,
Arkansas ( hereinafter called CITY OF FAYETTEVILLE) for the following Project: MILLSAP ST/COLLEGE
AVE INTERSECTION IMPROVEMENTS. For good and valuable consideration, the sufficiency of which
is acknowledged, the parties agree to make the following changes to their Agreement.
1. The parties agree that the ENGINEER’ s Scope of Services is amended to include the following
additions to Appendix A of the original Agreement:
WATERLINE RELOCATION DESIGN & PLANS
A. ENGINEER will develop construction documents to relocate approximately 300’ of 8”
water main along Millsap Rd, east of College Avenue. Documents to include the
following:
i. Plan and Profile sheet of the new water main, detailing extents of relocation.
Services, valves, hydrants and other appurtances needed to relocate the water
main to remove conflicts with the roadway construction.
ii. Standard details relative to the scope of relocation work.
iii. Update bid documents and project manual to include water main relocation
scope of work.
iv. Update opinion of probable construction cost to include water main relocation
scope of work.
TRAFFIC SIGNAL DESIGN CHANGES
A. ENGINEER will update the construction documents to remove and replace the existing
traffic signal pole and equipment loated in the SW quadrant of the intersection between
Millsap and College. Updates will include revisions to 15 traffic signal sheets consisting
of 3 different stages of construction and the permanent signal plans as well as updating
the project manual, and opinion of probable construction cost.
PROJECT COORDINATION
The following scope items are hereby added due to coordination and project oversight by
Arkansas Department of Transportation ( ARDOT) now that the project has been awarded grant
funds which will be administered by ARDOT.
A. ENGINEER will support CITY OF FAYETTEVILLE in project reviews by ARDOT,
including but not limited to:
i. Plan reviews – Revise drawings ( as directed by the CITY OF FAYETTEVILLE),
and provide responses to comments received from ARDOT.
ii. Project manual updates – Revise and coordinate updates to project manual
regarding items such as: ARDOT standard forms and special regulations, DBE
goals, etc.
B. ENGINEER will support the CITY OF FAYETTEVILLE in resolution of ARDOT’ s
comments regarding permanent easements and right of way by:
i. Attend meetings with the CITY OF FAYETTEVILLE and ARDOT to discuss
requriements and potential options to resolve comments.
ii. Providing plan views of the project that show limits and areas of new permanent
easements and right of way.
iii. Provide cross section views of the project that support limits of new permanent
easements and right of way.
C. ENGINEER will provide updated legal descriptions and exhibits for permanent easement
and right-of-way acquisition resulting from the changes required by ARDOT. Legal
descriptions and exhibits will be provided to CITY OF FAYETTEVILLE Land Agents for
use in acquisition documents.
D. Project schedule and duration extended to accommodate Environmental Clearance
comp, and ARDOT project reviews)
FRANCHISE UTILITY RELOCATION – ADMINISTRATION ASSISTANCE
The following scope items are hereby added at the request of CITY OF FAYETTEVILLE.
A. ENGINEER will assist the CITY OF FAYETTEVILLE in administration of franchise utility
relocations associated with this project by performing the following tasks:
i. ENGINEER will communicate with 5 (five) franchise utility providers ( AT&T, Cox
Communications, Ritter Communications, AEP/SWEPCO, and Black Hills
Energy), which have facilities that, based on what is readily visible at the
ground surface, may require relcoation associated with this project.
ii. ENGINEER will provide each franchise utility provider with a copy of the plans
and DWG files for the project for use by the franchise utility provider to review
and determine whether relocation of its facilities are necessary. ENGINEER is
not responsible for a franchise utility provider failing to notify ENGINEER of a
need for its facilities to be relocated.
iii. ENGINEER will review relocation plans prepared by the franchise utility providers
for general conformance with the project. ENGINEER will not perform a
detailed review nor exhaustive conflict detection of the franchise utility
provider’ s plans. CITY OF FAYETTEVILLE agrees that each franchise utility
provider is solely responsible to design the relocation of their facilities in order
to fully accommodate the project and ENGINEER is not liable for any conflicts
discovered during construction.
iv. ENGINEER will collect information from franchise utility providers regarding cost
of relocations, reimbursement amounts, and schedules for work. ENGINEER
assumes no liability for the accuracy of the cost estimates or schedules
provided.
v. ENGINEER will communicate with franchise utility providers to develop relocation
agreements, and utility relocation work orders for the CITY OF FAYETTEVILLE
review and authorization.
vi. ENGINEER will perform monthly check-in with each franchise utility
representative to determine status/ progress of utility relocations for up to 6 (six)
months, following issuance of work orders and Notice to Proceed by the CITY
OF FAYETTEVILLE.
2. The following adjustments are made to the ENGINEER’ s compensation. The Lump Sum amount
shall be increased by $93,785, to a total of $393,785.
3. The period of service and project schedule shall be extended to July 31, 2026, to accommodate
project delays associated with project funding changes, ARDOT oversight, and additional services
performed. It is anticipated that all scope of work, including project procurement, will be completed within
this timeframe.
4. The terms of this AMENDMENT supersede any contrary terms of the Agreement. This
AMENDMENT will be deemed a part of, and be subject to, all other terms and conditions of the
Agreement. Except as modified above, the Agreement will remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this AMENDMENT on the day and year first written
above.
OWNER: City of Fayetteville, Arkansas ENGINEER: Burns & McDonnell Engineering
Company, Inc.
By: By:
Name: Molly Rawn Name: Steven Beam, P.E.
Title: Mayor Title: Director
2
Attachment A-2A -Justification of Costs and Fees
April 20, 2026
Millsap St / College Ave Intersection Improvements
DESIGN CHANGES and ADDITIONAL TITLE I SCOPE
MANHOURS
TASK PD PM SE STFE DES ASST TOTAL
1 -Design, Relocation of 8" Water main on Millsap ( east of College Ave) ( Approx. 300 LF) 8 12 40 60
2 -Design change to remove and replace existing traffic signal pole @ SW Quadrant of Intersection 24 48 24 96
After completion of 90% design, changes were requested to remove and replace the existing signal pole located in the
SW corner of the intersection where previous design direction was to preserve it. This includes updates to 15 traffic
signal sheets, consisting of 3 different stages, and permanent signal plans. Updating project manual, and opinion of
probable construction cost.
2 -ARDOT Coordination and Project Oversight ( Reviews, Comments, Responses, Design Changes, Project Manual, etc) 12 12 48 72
When the project was awarded grant funds, the project requirements were also changed. In support of this
coordination with CITY OF FAYETTEVILLE, and ARDOT, ENGINEER performed multiple design updates and
reviews, and produced supporting documents, etc.
3 -ARDOT Additional Right of Way and Permanent Easement Coordination ( Responses, markups, meetings) 16 24 40
After ROW documents were approved, and acquisition was complete, ARDOT required acquisition of permanent
grading easements along the corridor. This is the scope of work associated with supporting the city in these
discussions regarding the new right of way requirements and permanent easements for the project. Multiple meetings,
emails, phone calls, markups, responses, etc.
4 -ARDOT Additional Right of Way and Permanent Easement Legals and Esmt Exhibits) 8 40 48
This scope of work is associated with producing new easement exhibits and some new legal descriptions for areas
where there was originally no TCE planned, such as the area along frontage of Raising Canes.
5 -Extended Schedule and project duration ( original Project Duration 10 months) 20 20 40
The original project schedule was 10 months. The receipt of grant funds for the project, then subsequent
environmental clearance and additional project reviews caused significant delays for the project, resulting in a current
project duration of 4 years. This scope of work represents the additional project management and project
administration needed to maintain and coordinate the project over that extended duration.
6 -Franchise Utility Relocation -Admin Assistance ( 5 Utility companies required to relocate) 75 50 125
Review Relocation Plans, Adapt ARDOT standard forms for use by CITY OF FAYETTEVILLE for Reimbursement.
Reimbursement Breakdown, Relocation Agreement, Relocation Permit/ Work Order ( estimating 25 hours per utility)
TOTAL MH -DESIGN CHANGES and ADDITIONAL TITLE I SCOPE 0 163 48 74 176 20 481
LABOR COSTS
Category -Description Rate MH Amount
PD -Project Director $ 275. 00 0 $ 0
PM -Project Manager $ 245. 00 163 $ 39, 935
SE -Senior Civil Engineer $ 205. 00 48 $ 9,840
STFE -Staff Civil Engineer $ 175. 00 74 $ 12, 950
DES -Designer $ 160. 00 176 $ 28, 160
ASST -Project Assistant $ 145. 00 20 $ 2,900
Subtotal Labor Costs $ 93, 785
EXPENSES
ITEM Quantity Unit Rate Amount
Subtotal Expenses $
TOTAL COSTS -DESIGN CHANGES and ADDITIONAL TITLE I SCOPE $ 93, 785
BASIS OF ESTIMATE
Description
A2-1
0
CITY COUNCIL MEMO
2026-2068
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs
Ted Jack, Park Planning Superintendent
FROM: Zach Foster, Park Planner II
Melissa Evans, Park Planner
SUBJECT: Approval to waive competitive bidding and authorize the Mayor to sign a tender
agreement to transfer project completion responsibilities for Bryce Davis Park
Phase 1.
RECOMMENDATION:
Staff recommends waiving competitive bidding and authorizing Mayor Rawn to sign a tender agreement with
U.S. Specialty Insurance Company to transfer project completion responsibilities from SSI Incorporated of
NWA to ACS Playgrounds (ACS), to designate ACS as the new contractor, to authorize additional contract
days to complete work, and approve a budget adjustment to receive funds from the bonding agency, U.S.
Specialty Insurance Company, for Phase 1 Improvements work for Bryce Davis Park.
BACKGROUND:
SSI Incorporated of NWA was awarded Bid 25-24 for Phase 1 Improvements at Bryce Davis Park, with an
initial contract of $902,670.13. Two subsequent change orders increased the total contract amount to
910,446.56.
In February 2026, SSI and its subcontractors ceased work on the project. Parks Staff worked with the City
Attorney’s Office to engage U.S. Specialty Insurance Company (USSIC), SSI's Bonding Surety, and determine
a path toward project completion. In March 2026, the City issued a Notice of Default to SSI for failing to meet
contractual obligations. After multiple attempts, a response to the Notice of Default was not received, as SSI
Incorporated of NWA was no longer in business.
The project is approximately 90% complete. Most remaining work involves the playground subcontractor, ACS
Playgrounds, who ceased work in February due to nonpayment by SSI. In addition to ACS’s incomplete scope,
several items installed by SSI require correction before the project can reach substantial completion. Some of
the more significant line items for remaining work include grading and drainage in and around the dog park and
correcting rock placement at the wetland pavilion.
USSIC evaluated the project and recommended that ACS Playgrounds assume the role of primary contractor
to complete both the original subcontracted work and the remaining work previously assigned to SSI.
DISCUSSION:
USSIC offered the City a tender agreement in which USSIC will provide the funds necessary to complete the
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
project while the City administers the remaining work directly. Under this arrangement, the bonding agency
requires ACS Playgrounds to assume the role of primary contractor responsible for completing all outstanding
items, including both their original subcontracted scope and the unfinished or corrective work left by SSI.
This approach allows the City to retain day-to-day oversight of the project while ensuring that all remaining
work is fully funded by USSIC, who will also continue handling claims from SSI’s unpaid subcontractors. The
City does not anticipate any additional legal or financial risk under this arrangement.
This path also provides the most efficient route to project completion, avoiding the delays associated with
USSIC managing the project or rebidding the project. Because ACS was previously engaged as a
subcontractor, they are already familiar with the project site, scope, and remaining work, which should help
streamline construction and reduce delays. The remaining work is anticipated to take about two (2) months.
Of the original contract’s $910,446.56 cost, the City is currently holding $139,420.72 for remaining contract
work. USSIC determined completion costs to total $206,931.93. Since the cost for completion exceeds the
remaining balance held by the City, USSIC has agreed to make payment to the City for the difference, which
totals $67,511.21.
BUDGET/STAFF IMPACT:
Funds received from USSIC in the amount of $67,511.21 will be deposited into the Bryce Davis Park project.
ATTACHMENTS: 3. Staff Review Form, 4. Budget Amendment, 5. Tender Agreement -Bryce Davis Park -
Executed by USSIC
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2068
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A TENDER
AGREEMENT WITH U.S. SPECIALTY INSURANCE COMPANY AND ACS PLAYGROUND
ADVENTURES TO TRANSFER PROJECT COMPLETION RESPONSIBILITIES FOR PHASE
1 IMPROVEMENTS FOR BRYCE DAVIS PARK TO ACS PLAYGROUND ADVENTURES,
TO AUTHORIZE ADDITIONAL CONTRACT DAYS TO COMPLETE WORK, AND TO
APPROVE A BUDGET AMENDMENT
WHEREAS, on April 1, 2025, City Council approved Resolution 87-25 authorizing a contract with SSI
Incorporated of NWA for Phase 1 Improvements at Bryce Davis Park in the total amount of
910,446. 56; and
WHEREAS, in February 2026, SSI ceased work on the project and filed for bankruptcy protection; and
WHEREAS, in March 2026, the City issued a Notice of Default to SSI Incorporated of NWA for failing
to meet contractual obligations and began coordinating with U.S. Specialty Insurance Company, the
surety on the project; and
WHEREAS, most remaining work involves the playground subcontractor, ACS Playground
Adventures, which ceased work in February due to nonpayment by SSI; and
WHEREAS, in addition to ACS’s uncompleted scope, several items installed by SSI Incorporated of
NWA require correction before the project can reach substantial completion; and
WHEREAS, U.S. Specialty Insurance Company evaluated the project and prepared a Tender
Agreement that allows ACS to assume the role of primary contractor to complete both the original
subcontracted work and the remaining work previously assigned to SSI Incorporated of NWA and
provides for payment of an additional amount of $67,511.21 which, with the $ 139,420.72 still being
held by the City from the original contract, will fund the remainder of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding and authorizes Mayor Rawn to sign a Tender Agreement
with U.S. Specialty Insurance Company and ACS Playground Adventures to: 1) transfer project
completion responsibilities for Phase 1 Improvements for Bryce Davis Park from SSI Incorporated of
NWA to ACS Playgrounds; 2) authorize a payment in the additional amount of $67,511.21 to fund the
remainder of the project; and 3) approve additional contract days for ACS Playgrounds to complete
Phase 1 Improvements for Bryce Davis Park.
Page 1
Resolution:
File Number: 2026-2068
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
amendment, a copy of which is attached to this Resolution.
Page 2
City of Fayetteville Staff Review Form
2026-2068
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Zach Foster 6/ 10/ 2026 PARKS & RECREATION ( 520)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends waiving competitive bidding and authorizing Mayor Rawn to sign a tender agreement with U.S.
Specialty Insurance Company to transfer project completion responsibilities from SSI to ACS Playgrounds ( ACS), to
designate ACS as the new contractor, to authorize additional contract days to complete work, and approve a
budget adjustment to receive funds from the bonding agency, U.S. Specialty Insurance Company, for the unfinished
Phase 1 Improvements work for Bryce Davis Park.
Budget Impact:
2250. 520. 9255- 5806. 00 Parks Development
Account Number Fund
46050. 7580
Park Improvements ( 2019/ 2022/ 2024 Bonds),
Underwood Improvements
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 9,216, 776. 00
Expenses ( Actual+Encum)$ 7,423,362. 89
Available Budget $ 1,793,413.11
Does item have a direct cost? Yes Item Cost $ 67,511.21
Is a Budget Adjustment attached? No Budget Adjustment $-
331.00 Remaining Budget $ 1,725,901.90
V20221130
Purchase Order Number: 2025- 00000480 Previous Ordinance or Resolution # Bid 25-24
Change Order Number: Approval Date:
Original Contract Number: Bid 25-24
Comments:
City of Fayetteville, Arkansas -Budget Amendment/ Adjustment
Agenda)
Budget Year Division BA Number
Org2
PARKS & RECREATION ( 520)
2026
Requestor: Alan Bearden
BUDGET AMENDMENT/ ADJUSTMENT DESCRIPTION:
Budget adjustment to receive funds from the bonding agency, U.S. Specialty Insurance Company (USSIC) for completion of
Phase 1 construction work at Bryce Davis Park and authorize additional contract days to complete the work. The original
contractor went bankrupt and completion of the work is being transferred to ACS Playgrounds to finish the work. Original
purchase order was # 2025-00000480.
COUNCIL DATE: 7/ 7/ 2026
ITEM ID#: 2026-2068
Holly Black 6/15/26
Budget Division Date
D - (City Council)
TYPE:
JOURNAL #:
GLDATE:
RESOLUTION/ ORDINANCE CHKD/ POSTED:/
512 67,512 202658TOTAL67,v.
Increase / ( Decrease) Project. Sub#
Account Number Expense Revenue Project Sub. Detl AT AccountNameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION
2250. 520. 9255-4900. 00 -67, 512 46050 7580 RE Miscellaneous Revenue -base
2250. 520. 9255-5806. 00 67, 512 -46050 7580 EX Improvements -Park
1 of 1
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TENDER AGREEMENT
FOR PERFORMANCE AND COMPLETION OF CONTRACT
AND RELEASE OF BONDS
This Agreement is made and entered into this day of _______,2026, by and between
the City of Fayetteville, Arkansas ( the “ City”), U.S. Specialty Insurance Company (“ USSIC”)
and ACS Playground Adventures ( the “ Completing Contractor”). The City, USSIC, and
Completing Contractor are collectively the “ Parties”.
RECITALS
WHEREAS, SSI Incorporated of Northwest Arkansas ( the “ Original Contractor”) and
the City entered a Construction Contract dated April 1, 2025 (the “Prime Contract”) for a public
works improvement project known as the Bryce Davis Park Improvements, Phase I project located
in Fayetteville, Arkansas (the “ Project”);
WHEREAS, as required by Arkansas law and under the terms of the Prime Contract,
Original Contractor and USSIC made, executed, and delivered to the City Performance Bond No.
1001232478 and Payment Bond No. 1001232478 (collectively, the “ Bonds”), both in the penal
sum of $902,670. 13;
WHEREAS, the City issued a letter dated March 24, 2026 titled “ Notice of Default” to the
Original Contractor with a copy to USSIC notifying the Original Contractor and USSIC that (a)
the City considered the Original Contractor in default of the Prime Contract; and ( b) of its intent
to terminate the Prime Contract ten days from receipt of the notice;
WHEREAS, the Original Contractor failed to cure the default and the City made demand
on USSIC to complete the Project under the terms of the Performance Bond and the Prime
Contract;
WHEREAS, USSIC agreed to obtain proposals for completion of all obligations of the
Prime Contract;
WHEREAS, Completing Contractor submitted a bid to USSIC and the City for the
completion of the remaining scope of work under the Prime Contract and the City has agreed to
accept the bid;
WHEREAS, in fulfillment of the terms of the Performance Bond, USSIC seeks to tender
the Completing Contractor to the City to complete the Prime Contract and Project upon the terms
set forth therein and in this Agreement;
WHEREAS, the City seeks to accept the tender of the Completing Contractor to complete
the Prime Contract and Project upon the terms set forth therein and in this Agreement; and
WHEREAS, all parties hereto agree that this Agreement shall be entered into so that the
remaining work and requirements of the Prime Contract can be completed.
TENDER AGREEMENT ( BRYCE DAVIS PARK IMPROVEMENTS) PAGE 1
CITY COUNCIL MEMO
2026-2003
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Justin Bland, City Engineer
Chris Brown, Public Works Director
Keith Macedo, Chief of Staff
Terry Gulley, Asst Public Works Director -Ops
FROM: Matthew Mihalevich, Active Transportation Manager
SUBJECT: Mission Blvd. Sidewalk Construction (Libby Ln. to Winwood Dr.)
RECOMMENDATION:
Staff recommends award of Bid #26-36 and authorization of a contract with Milestone Construction Company
in the amount of $178,997 for the construction of a sidewalk along the north side of Mission Boulevard from
Libby Lane to Winwood Drive, approval of $17,000 in contingency and approval of a budget amendment to
recognize revenue in the amount of $50,000 from the Whistler Woods Subdivision Property Owners
Association.
BACKGROUND:
Staff was approached by the president of the Whistler Woods Subdivision Property Owners Association
regarding the need for a sidewalk along the north side of Mission Boulevard between Libby Lane and Winwood
Drive. Currently, a 220-foot sidewalk gap forces residents of the Whistler Woods subdivision to cross busy
Mission Boulevard twice in order to access Winwood Drive. Many residents use Winwood Drive as a route for
walking and bicycling to Gulley Park. This project would close the existing sidewalk gap, improve pedestrian
and bicycle connectivity, and provide a safer alternative for traveling along this section of Mission Boulevard.
DISCUSSION:
The Whistler Woods Subdivision Property Owners Association has committed to contributing $ 50,000 toward
the cost of the sidewalk project. A letter formalizing this commitment is attached.
The sidewalk design was completed by city staff, and a permit has been approved by ARDOT. Bid #26-36 was
opened publicly on June 4th, 2026, with five bidders providing bids. Milestone Construction Company being the
lowest responsive bidder and the bid tabulation is included. The bid amount is within the engineers’ estimate
and within the amount of certified funds allowed. The contract time is 120 days for final completion.
BUDGET/STAFF IMPACT:
The total bid amount for the Mission Boulevard sidewalk construction project is $178,997. Including a $17,000
project contingency, the total project cost is $195,997. The Whistler Woods Subdivision Property Owners
Association has committed $50,000 toward the project, leaving $145,997 to be funded from the Capital
Improvement Project Fund for sidewalk improvements, including contingency. Construction will be managed by
City staff.
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: 3. Staff Review Form, 4. Budget Amendment, 5. Mission Blvd. Winwood to Libby Sidewalk
Plan, 6. Bid 26-36, Bid Tab -Final, 7. Whistler Woods Subdivision POA Letter $50k 4-14-26, 8. 00500-
Agreement-Milestone Signed, 9. Bid 26-36, Submittal -Milestone Construction Company, LLC -E, 10. Bid 26-
36, City Issued Bid
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2003
A RESOLUTION TO AWARD BID 26-36 AND AUTHORIZE A CONTRACT WITH
MILESTONE CONSTRUCTION COMPANY IN THE AMOUNT OF $ 178,997.00 FOR
CONSTRUCTION OF A SIDEWALK ALONG THE NORTH SIDE OF MISSION
BOULEVARD FROM LIBBY LANE TO WINWOOD DRIVE, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $17,000.00, AND TO RECOGNIZE REVENUE IN
THE AMOUNT OF $50,000.00 FROM THE WHISTLER WOODS SUBDIVISION PROPERTY
OWNERS ASSOCIATION, AND TO APPROVE A BUDGET AMENDMENT
WHEREAS, staff was approached by the president of the Whistler Woods Subdivision Property
Owners Association regarding the need for a sidewalk along the north side of Mission Boulevard
between Libby Land and Winwood Drive because currently 220-foot gap forces residents of the
Whistler Woods subdivision to cross busy Mission Boulevard twice to access Winwood Drive; and
WHEREAS, the Whistler Woods Subdivision Property Owners Association has committed to
contributing $50,000.00 toward the cost of the sidewalk project; and
WHEREAS, this project will close the existing sidewalk gap, improve pedestrian and bicycle
connectivity, and provide a safer alternative for traveling along this section of Mission Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 26-30 and
authorizes a contract with Milestone Construction Company in the amount of $ 178,997.00 for
construction of a sidewalk along the north side of Mission Boulevard from Libby Lane to Winwood
Drive, and further approves a project contingency in the amount of $17,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby recognizes revenue in the
amount of $50,000.00 from the Whistler Woods Subdivision Property Owners Association.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
amendment, a copy of which is attached to this Resolution.
Page 1
City of Fayetteville Staff Review Form
2026-2003
Item ID
July, 7th 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Matt Mihalevich 6/ 9/ 2026 ENGINEERING ( 621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends award of Bid #26-36 and authorization of a contract with Milestone Construction Company in
the amount of $178,997 for the construction of a sidewalk along the north side of Mission Boulevard from Libby
Lane to Winwood Drive, approval of $17,000 in contingency and approval of a budget adjustment to recognize
revenue in the amount of $50,000 from the Whistler Woods Subdivision Property Owners Association.
Budget Impact:
4470. 410. 8410- 5814. 00 Sales Tax Capital
Account Number Fund
02053. 2601
Sidewalk Improvements -Libby Ln to Winwood
Dr
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 2,146, 621. 00
Expenses ( Actual+Encum)$ 417,191. 65
Available Budget $ 1,729,429.35
Does item have a direct cost? Yes Item Cost $ 195, 997. 00
Is a Budget Amendment attached? Yes Budget Amendment $ 50,000.00
296.00 Remaining Budget $ 1,583,432.35
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas -Budget Amendment/ Adjustment
Agenda)
Budget Year Division BA Number
Org2
TRANSPORTATION SERVICES ( 410)
2026
Requestor: John Nelson
BUDGET AMENDMENT/ ADJUSTMENT DESCRIPTION:
To award Bid #26-36 in the amount of $178,997 for the construction of a sidewalk along the north side of Mission Boulevard
from Libby Lane to Winwood Drive, approval of $17,000 in contingency and to recognize revenue in the amount of $50,000
from the Whistler Woods Subdivision Property Owners Association.
COUNCIL DATE: 7/ 7/ 2026
ITEM ID#: 2026-2003
Holly Black
6/ 10/ 2026 7:37 AM
Budget Division Date
D - (City Council)
TYPE:
JOURNAL #:
GLDATE:
RESOLUTION/ ORDINANCE CHKD/ POSTED:/
000 50,000 202658TOTAL50,v.
Increase / ( Decrease) Project. Sub#
Account Number Expense Revenue Project Sub. Detl AT AccountNameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION
4470. 410. 8410-4420. 00 -50, 000 02053 2601 RE Payments by Property Owners -base
4470. 410. 8410-5814. 00 178, 997 02053 2601 EX Improvements -Sidewalks
4470. 410. 8410-5911. 99 17, 000 02053 2601 EX Contingency -Capital Project
4470.410.8410-5814.00 ( 145,997) 02053 1 EX Improvements -Sidewalks
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BLOCK RETAINING
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PLACE 18" LAYER OF
12" TO 18" SIZE RIP RAP K
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2' X 6' THERMOPLASTIC
CROSSWALK
ADA LANDING WITH
TRUNCATED DOME PANEL
WALL ( REDI-ROCK)
WITH PLATED AMERISTAR
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RETAINING WALL ( REDI-ROCK) P/
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PROPOSED APPROX. 5 LARGE TREES S
6' WIDE
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7'
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R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W D
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4 S
EDGE OF PAVEMENT S
REMOVE 27 LF CURB & GUTTER
AND 15 SY OF SIDEWALK
INSTALL 33 LF 18" CURB & GUTTER
22 SY NEW SIDEWALK RAMPS WITH
14 SAWCUT EXISTING
EDGE OF ASPHALT MISSION BLVD ( HWY. 45)
14 253 LF 18" CURB & GUTTER
TYPE "D"
EXTEND 56 LF OF 18" RCP
AT 6.5% SLOPE
THROUGH RETAINING WALL
FLOWLINE OUT 1433.5
MI
DOMES AND ADA LANDING
EXTEND 3' X 3' RCB ATTACHED
3' TAPER CURB FROM 6 " TO FLUSH TO EXISTING FOOTING
SEE DETAIL SHEET
10' 20 0 20
REMOVE 12' EXISTING CURB
CONSTRUCT RAMP FOR BIKES
PLAN
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REDI-ROCK WALL PROFILE 1 of 3
BID TABULATION
Bid 26-36, Construction -Mission Blvd Sidewalk
Deadline: Thursday, June 4, 2026 at 2:00 PM
Certification of Funds: $ 200,000 ($250,000 maximum allowed)
Rejected
Milestone Construction Ground Zero Construction,
NEC, Inc Steelworx Industrial Group Goodwin & Goodwin, Inc. Company, LLC Inc
Total $ 178, 997. 00 194, 010. 00$ 199, 284. 50$ 203, 487. 00$ 270, 045. 00$
Line # Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
1 Mobilization 1 LS $ 1,463.74 $ 1,463.74 $ 4,100.00 $ 4,100.00 $ 4,500.00 $ 4,500.00 $ 10,174.35 $ 10,174.35 $ 12,000.00 $ 12,000.00
2 Bonds & Insurance 1 LS $ 6,527.96 $ 6,527.96 $ 5,344.00 $ 5,344.00 $ 2,450.00 $ 2,450.00 $ 3,052.31 $ 3,052.31 $ 25,000.00 $ 25,000.00
3 Trench & Excavation Safety 1 LS $ 260.47 $ 260.47 $ 1.00 $ 1.00 $ 2,500.00 $ 2,500.00 $ 3,932.70 $ 3,932.70 $ 2,000.00 $ 2,000.00
4 Construction Control ( Staking) 1 LS $ 3,125.00 $ 3,125.00 $ 2,454.00 $ 2,454.00 $ 5,000.00 $ 5,000.00 $ 3,932.69 $ 3,932.69 $ 2,000.00 $ 2,000.00
5 Traffic Control 1 LS $ 25,000.00 $ 25,000.00 $ 9,927.00 $ 9,927.00 $ 5,000.00 $ 5,000.00 $ 62,750.00 $ 62,750.00 $ 18,000.00 $ 18,000.00
6 Erosion Control 1 LS $ 2,805.69 $ 2,805.69 $ 2,051.00 $ 2,051.00 $ 3,000.00 $ 3,000.00 $ 7,166.00 $ 7,166.00 $ 2,500.00 $ 2,500.00
7 Clearing, Grubbing & Demolition ( Removal of 5 trees) 1 LS $ 14,660.25 $ 14,660.25 $ 16,244.00 $ 16,244.00 $ 10,000.00 $ 10,000.00 $ 7,166.00 $ 7,166.00 $ 18,000.00 $ 18,000.00
8 B-Stone Placement ( As Directed) 50 CY $ 56.57 $ 2,828.50 $ 69.00 $ 3,450.00 $ 70.00 $ 3,500.00 $ 55.00 $ 2,750.00 $ 85.00 $ 4,250.00
9 Unclassified Excavation ( 24" under sidewalk, curb & walls) (Plan Quantity) 217 CY $ 27.76 $ 6,023.92 $ 45.50 $ 9,873.50 $ 15.00 $ 3,255.00 $ 18.00 $ 3,906.00 $ 35.00 $ 7,595.00
10 Select Fill Placement ( under sidewalk, curb, walls and embankment)( Plan Quantity) 493 CY $ 26.43 $ 13,029.99 $ 58.00 $ 28,594.00 $ 28.00 $ 13,804.00 $ 20.00 $ 9,860.00 $ 55.00 $ 27,115.00
11 4" Class 7 Base (Under curb, sidewalk and wall)(Truck tickets) 54 TON $ 77.18 $ 4,167.72 $ 117.50 $ 6,345.00 $ 47.00 $ 2,538.00 $ 48.47 $ 2,617.38 $ 85.00 $ 4,590.00
12 4" Thick 4,000 PSI Concrete Sidewalk with fiber & dowels 158 SY $ 77.50 $ 12,245.00 $ 79.00 $ 12,482.00 $ 100.00 $ 15,800.00 $ 74.59 $ 11,785.22 $ 150.00 $ 23,700.00
13 24" wide truncated dome panels (yellow) 28 SF $ 30.00 $ 840.00 $ 38.50 $ 1,078.00 $ 40.00 $ 1,120.00 $ 60.00 $ 1,680.00 $ 50.00 $ 1,400.00
14 Thermoplastic Crosswalk ( 2' wide by 6" long with 2' gap) 7 EA $ 125.00 $ 875.00 $ 104.00 $ 728.00 $ 575.00 $ 4,025.00 $ 392.86 $ 2,750.02 $ 350.00 $ 2,450.00
15 18" Curb & Gutter ( Type D) 286 LF $ 29.79 $ 8,519.94 $ 60.50 $ 17,303.00 $ 35.00 $ 10,010.00 $ 28.80 $ 8,236.80 $ 65.00 $ 18,590.00
16 Retaining Wall (RediRock)( Arkansas Sandstone Color)( SF Face of Wall) 438 SF $ 112.15 $ 49,121.70 $ 101.00 $ 44,238.00 $ 129.75 $ 56,830.50 $ 71.00 $ 31,098.00 $ 135.00 $ 59,130.00
17 Handrail ( Ameristar Montauge Plus 4' tall with plates) 95 LF $ 100.00 $ 9,500.00 $ 94.50 $ 8,977.50 $ 136.00 $ 12,920.00 $ 133.55 $ 12,687.25 $ 125.00 $ 11,875.00
18 18" Reinforced Concrete Pipe 56 LF $ 138.90 $ 7,778.40 $ 113.50 $ 6,356.00 $ 100.00 $ 5,600.00 $ 35.00 $ 1,960.00 $ 125.00 $ 7,000.00
19 Concrete Collar for RCP through Redi-rock wall 1 LS $ 1,250.00 $ 1,250.00 $ 1,648.00 $ 1,648.00 $ 2,500.00 $ 2,500.00 $ 750.00 $ 750.00 $ 1,500.00 $ 1,500.00
20 3' x 3' Reinforced Concrete Box Culvert Extension ( ARDOT Std. RCB-3) 6 LF $ 562.50 $ 3,375.00 $ 688.00 $ 4,128.00 $ 2,500.00 $ 15,000.00 $ 1,993.38 $ 11,960.28 $ 1,250.00 $ 7,500.00
21 4" thick Topsoil Dress up 386 SY $ 7.50 $ 2,895.00 $ 7.50 $ 2,895.00 $ 42.00 $ 16,212.00 $ 2.50 $ 965.00 $ 15.00 $ 5,790.00
22 Sod (As Directed) 100 SY $ 6.25 $ 625.00 $ 13.50 $ 1,350.00 $ 7.00 $ 700.00 $ 3.50 $ 350.00 $ 15.00 $ 1,500.00
23 Hydroseed with contractors blend 386 SY $ 2.84 $ 1,096.24 $ 2.50 $ 965.00 $ 2.00 $ 772.00 $ 2.50 $ 965.00 $ 10.00 $ 3,860.00
24 12"-18" Shot Rock 8 CY $ 60.31 $ 482.48 $ 359.50 $ 2,876.00 $ 156.00 $ 1,248.00 $ 49.00 $ 392.00 $ 300.00 $ 2,400.00
25 6" Water Valve Riser to Finished Grade 1 EA $ 500.00 $ 500.00 $ 602.00 $ 602.00 $ 1,000.00 $ 1,000.00 $ 600.00 $ 600.00 $ 300.00 $ 300.00
NOTICE: Bid award is contingent upon supplier meeting minimum specifications and formal authorization by City Officials.
Trevel Young, Procurement Agent
Kenny Fitch, Sr Procurement Agent
Bid 26-36 Addendum 3
Milestone Construction Company, LLC
Milestone Construction Company, LLC
Supplier Response
Event Information
Number: Bid 26-36 Addendum 3
Title: Construction -Mission Blvd Sidewalk
Type: Invitation to Bid
Issue Date: 5/10/ 2026
Deadline: 6/4/2026 02:00 PM (CT)
Notes: The City of Fayetteville, AR is accepting sealed bids from properly
licensed professionals for the installation of a sidewalk along the north
side of Mission Blvd. between Winwood Dr. and Libby Ln. in east
Fayetteville. The project includes, but is not limited to, tree removal,
excavation, select fill placement, precast retaining wall, reinforced
concrete pipe extension, reinforced box culvert extension, curb &
gutter, crosswalk striping, sidewalk, and ramps as indicated in the
plans and specifications. Questions regarding this bid should be
addressed to Kenny Fitch, Sr. Procurement Agent at
kfitch@fayetteville-ar.gov.
Contact Information
Contact: Kenny Fitch -Sr Procurement Agent
Address: Procurement
City Hall
Room 306
113 W. Mountain St.
Fayetteville, AR 72701
Phone:( 479) 575-8258
Email: kfitch@fayetteville-ar.gov
1 of 5 pages Vendor: Milestone Construction Company,3PageBid 26-36 Addendum
LLC
Milestone Construction Company, LLC Information
Contact: Kelli Gemmell
Address: 2002 S. 48th Street Suite A
ste A
Springdale, AR 72762
Phone:( 479) 751-3560 x207
Fax:( 479) 751-4841
Email: kgemmell@mstonecc. com
Web Address: mstonecc.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Erin Metcalf emetcalf@mstonecc. com
Signature Email
Submitted at 6/4/2026 11:30:10 AM (CT)
Requested Attachments
Signature Forms for Bid 26-36 Signature Forms. pdf
Please attach your completed forms. These documents can be found in FILE # 01 -PROJECT MANUAL in the
Attachments tab. Please be sure to include ALL required information stated in the Project Manual.
Bid Bond for Bid 26-36 Bid Bond-Signed. pdf
Please attach a signed and completed copy of your bid bond. The Bid Bond must be signed by both the bidder
and the surety company to be considered valid. An invalid Bid Bond shall be grounds for bid rejection.
Bid bonds in the form of a cashier' s check shall be delivered to City Hall, Procurement Division before bid deadline
and have a copy of the cashier' s check uploaded with submittal.
Response Attachments
Contractor License. pdf
Contractor License
COI.pdf
COI
Bid Attributes
1 Arkansas Secretary of State Filing Number:
800044464
2 Arkansas Contractor License Number:
Contractor' s License must have a classification relating to the scope of this project.
0156050427
2 of 5 pages Vendor: Milestone Construction Company,3PageBid 26-36 Addendum
LLC
3 Check Yes or No:
Pursuant Arkansas Code Annotated § 25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
Yes, I agree
No, I don' t agree
4 Check Yes or No:
Pursuant Arkansas Code Annotated § 25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy,
Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in
contract, with any
public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy,
Fossil Fuel,
Firearms, and/ or Ammunition Industries, the contractor must notify the contracted public entity in writing.
Yes, I agree
No, I don' t agree
5 Addendum Acknowledgement:
By selecting " I agree", you acknowledge that you have read and understand any addendums that have been issued
for this bid.
I agree
Bid Lines
1 Mobilization ( Shall not exceed 5% of Total Bid, excluding Bonds & Insurance and Trench & Excavation Safety)
Quantity: 1 UOM: LS Price:$ 1,463. 74 Total:$ 1,463. 74
2 Bonds & Insurance
Quantity: 1 UOM: LS Price:$ 6,527. 96 Total:$ 6,527. 96
3 Trench & Excavation Safety
Quantity: 1 UOM: LS Price:$ 260. 47 Total:$ 260. 47
4 Construction Control ( Staking)
Quantity: 1 UOM: LS Price:$ 3,125. 00 Total:$ 3,125. 00
5 Traffic Control
Quantity: 1 UOM: LS Price:$ 25, 000. 00 Total:$ 25, 000. 00
6 Erosion Control
Quantity: 1 UOM: LS Price:$ 2,805. 69 Total:$ 2,805. 69
7 Clearing, Grubbing & Demolition ( Removal of 5 trees)
Quantity: 1 UOM: LS Price:$ 14, 660. 25 Total:$ 14, 660. 25
8 B-Stone Placement ( As Directed)
Quantity: 50 UOM: CY Price:$ 56.57 Total:$ 2,828.50
3 of 5 pages Vendor: Milestone Construction Company,3PageBid 26-36 Addendum
LLC
9 Unclassified Excavation ( 24" under sidewalk, curb & walls) (Plan Quantity)
Quantity: 217 UOM: CY Price:$ 27.76 Total:$ 6,023.92
1 Select Fill Placement ( under sidewalk, curb, walls and embankment)( Plan Quantity)
0
Quantity: 493 UOM: CY Price:$ 26. 43 Total:$ 13, 029. 99
1 4" Class 7 Base ( Under curb, sidewalk and wall)( Truck tickets)
1
Quantity: 54 UOM: TON Price:$ 77.18 Total:$ 4,167.72
1 4" Thick 4,000 PSI Concrete Sidewalk with fiber & dowels
2
Quantity: 158 UOM: SY Price:$ 77.50 Total:$ 12,245.00
1 24" wide truncated dome panels (yellow)
3
Quantity: 28 UOM: SF Price:$ 30. 00 Total:$ 840. 00
1 Thermoplastic Crosswalk ( 2' wide by 6" long with 2' gap)
4
Quantity: 7 UOM: EA Price:$ 125. 00 Total:$ 875. 00
1 18" Curb & Gutter (Type D)
5
Quantity: 286 UOM: LF Price:$ 29.79 Total:$ 8,519.94
1 Retaining Wall (RediRock)( Arkansas Sandstone Color)(SF Face of Wall)
6
Quantity: 438 UOM: SF Price:$ 112. 15 Total:$ 49, 121. 70
1 Handrail ( Ameristar Montauge Plus 4' tall with plates)
7
Quantity: 95 UOM: LF Price:$ 100. 00 Total:$ 9,500. 00
1 18" Reinforced Concrete Pipe
8
Quantity: 56 UOM: LF Price:$ 138. 90 Total:$ 7,778. 40
1 Concrete Collar for RCP through Redi-rock wall
9
Quantity: 1 UOM: LS Price:$ 1,250. 00 Total:$ 1,250. 00
2 3' x 3' Reinforced Concrete Box Culvert Extension ( ARDOT Std. RCB-3)
0
Quantity: 6 UOM: LF Price:$ 562. 50 Total:$ 3,375. 00
2 4" thick Topsoil Dress up
1
Quantity: 386 UOM: SY Price:$ 7.50 Total:$ 2,895. 00
2 Sod (As Directed)
2
Quantity: 100 UOM: SY Price:$ 6.25 Total:$ 625. 00
2 Hydroseed with contractors blend
3
Quantity: 386 UOM: SY Price:$ 2.84 Total:$ 1,096. 24
2 12"-18" Shot Rock
4
Quantity: 8 UOM: CY Price:$ 60. 31 Total:$ 482. 48
4 of 5 pages Vendor: Milestone Construction Company,3PageBid 26-36 Addendum
LLC
2
5
6" Water Valve Riser to Finished Grade
Quantity: 1 UOM: EA Price:$ 500. 00 Total:$ 500. 00
Response Total: $ 178,997.00
5 of 5 pages Vendor: Milestone Construction Company,3PageBid 26-36 Addendum
LLC
City of Fayetteville, Arkansas
Procurement Division – Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8258
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID
Bid 26-36, Construction – Mission Blvd Sidewalk
DEADLINE: Tuesday, June 2, 2026 before 2:00 PM, Local Time
PRE-BID MEETING: Tuesday, May 19, 2026 at 10:00 AM
SR. PROCUREMENT AGENT: Kenny Fitch, kfitch@fayetteville-ar.gov
DATE OF ISSUE & ADVERTISEMENT: 05/10/2026 & 05/17/2026
No late bids shall be accepted. Bids shall be submitted in one of the following methods: (1) through the City’s third-party
electronic bidding platform or (2) delivering in person via sealed envelope to the City of Fayetteville Procurement Division.
Submitting through the City’s electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance
with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in
every blank and shall supply all information requested; failure to do so may be used as basis of rejection.
NOTICE TO ALL BIDDERS:
All interested parties can obtain files for this project by going to http://fayetteville-ar.gov/bids. Bid documents shall be
distributed electronically from the City of Fayetteville Procurement Division only.
BID PACKAGE INCLUDES THE FOLLOWING FILES WHICH SHALL BE LISTED UNDER “ATTACHMENTS”:
FILE #01: PROJECT MANUAL – 187 Total Pages
FILE #02: PLANS – 8 Plan Sheets
Additional files added as addendums are issued. Addendums will be uploaded and posted to the City’s electronic bidding
platform.
PLAN HOLDER LISTINGS: A listing of vendors who have received documents can be found in the City’s electronic bidding
platform under the project section tab titled ‘Plan Holders’.
Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring
http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection.
THIS PAGE INTENTIONALLY LEFT BLANK
Project Check List
This checklist is for the Bidder’s use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a
bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder
from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders
are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement.
5%Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.)
o In lieu of a bid bond, the bidder may submit a cashier’s check from a bank located in the State of Arkansas for at
least five percent (5%)of the amount bid (inclusive of any deductive alternates). Cashier’s checks shall be made
payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in-person delivery
appointment with the City Procurement Division.
All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums
or marking acknowledgement on other bid pages).
All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid
documents
All bids shall be received before the stated deadline utilizing the City’s electronic bidding platform or submitting a physical
sealed bid to the City Procurement Division. Submitting a bid electronically is strongly encouraged. A public bid opening
will be conducted shortly after the deadline at City Hall and livestreamed on Zoom. Late or misdirected bids shall not be
accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder’s technical
equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated
in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder
contractor) on the sealed envelope as well as the bidders Arkansas Contractor’ s License Number.
Additional Information Requested:
AR Secretary of State Filing #: _______________________ OR submit electronically.
Arkansas Contractor License #: _______________________ OR submit electronically.
SAM Unique Entity Identifier #: ________________________OR submit electronically.
Pursuant Arkansas Code Annotated § 25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
o Submit electronically or circle applicable answer: YES or NO
Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering
into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the
contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must
notify the contracted public entity in writing.
o Submit electronically or circle applicable answer: YES or NO
Advertisement
City of Fayetteville, Arkansas
INVITATION TO BID
Bid 26-36, Construction – Mission Blvd Sidewalk
The City of Fayetteville, AR is accepting sealed bids from properly licensed professionals for the installation of a sidewalk
along the north side of Mission Blvd. between Winwood Dr. and Libby Ln. in east Fayetteville. The project includes, but is
not limited to, tree removal, excavation, select fill placement, precast retaining wall, reinforced concrete pipe extension,
reinforced box culvert extension, curb & gutter, crosswalk striping, sidewalk, and ramps as indicated in the plans and
specifications. Questions regarding this bid should be addressed to Kenny Fitch, Sr. Procurement Agent at
kfitch@fayetteville-ar.gov.
A non-mandatory pre-bid meeting will be held Thursday, May 21, 2026, at 10:00 AM. Details regarding the pre-bid
meeting are available on the project page on the City’s electronic bidding platform. All interested parties are encouraged
to attend.
Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Procurement Division’s
electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Tuesday, June 2, 2026, before
2:00 PM local time, utilizing the electronic bidding software or submitting a sealed bid to the City of Fayetteville
Procurement Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted
shortly after the deadline and livestreamed on Zoom.
Each bid exceeding $50,000 shall be accompanied by a cashier’s check from a bank doing business in the State of Arkansas
or a corporate bid bond for five (5) percent of the amount bid. In the event a bidder opts to submit a cashier’s check for a
bid bond, the actual physical cashier’s check shall be delivered to the City prior to the deadline. One hundred percent
100%) performance and payment bonds are required after the contract award. This amount includes any approved
contingency.
Bidders shall have a valid State of Arkansas Contractors License prior to the bid submission deadline and a registration in
good standing with the Arkansas Secretary of State prior to the contract award.
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and
women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of
Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and
women business enterprises.
The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a
period which shall not exceed beyond ninety (90) days from the bid opening date.
City of Fayetteville
By: Kenny Fitch
Sr. Procurement Agent
479.578.8258 kfitch@fayetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 05.10.26 & 05.17.26
This publication was paid for by the Procurement Division of the City of Fayetteville, Arkansas.
Amount paid: $445.88
TABLE OF CONTENTS
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
SECTION 00 – COVER PAGE, CHECKLIST, ADVERTISEMENT, TABLE OF CONTENTS ………...………… 1 - 6
SECTION 01 – INSTRUCTIONS TO BIDDERS ………………………………………………………………….…………7 -17
PART ONE
PART TWO
PART THREE
PART FOUR
PART FIVE
PART SIX
PART SEVEN
PART EIGHT
PART NINE
PART TEN
PART ELEVEN
PART TWELVE
PART THIRTEEN
PART FOURTEEN
PART FIFTEEN
PART SIXTEEN
PART SEVENTEEN
PART EIGHTEEN
PART NINETEEN
PART TWENTY
PART TWENTY-ONE
PART TWENTY-TWO
PART TWENTY-THREE
PART TWENTY-FOUR
PART TWENTY-FIVE
PART TWENTY-SIX
PART TWENTY-SEVEN
PART TWENTY-EIGHT
DEFINED TERMS 1
COPIES OF BIDDING DOCUMENTS 1
EXAMINATION OF SITE AND CONTRACT DOCUMENTS 2
AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 3
INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 3
APPROXIMATE ESTIMATE OF QUANTITES 4
UNIT PRICES 4
BID FORM 4
SIGNATURE ON BIDS 5
BID BOND 5
PERFORMANCE BOND AND PAYMENT BOND 6
INSURANCE REQUIREMENTS 7
CONTRACT TIME 7
LIQUIDATED DAMAGES 7
SUBCONTRACTORS, SUPPLIERS, AND OTHERS 8
SUBSTITUTE AND “ OR EQUALS” ITEMS 8
QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 8
DISQUALIFICATIONS OF BIDDERS 9
OPENING OF BIDS 9
EVALUATION OF BIDS 9
RIGHT TO REJECT BIDS 10
AWARDING OF CONTRACT 10
RETAINAGE 10
SIGNING OF AGREEMENT 11
MATERIALS GUARANTY 11
FAMILIARITY WITH LAWS 11
INDEMNIFICATION 11
MISCELLANEOUS 11
SECTION 02 – BID FORM ………………………………….…………………………………………………………………..18 - 22
SECTION 03 – LIST OF SUBCONTRACTORS ………………………………………………………….………..……………….23
SECTION 04 – CONTRACTOR REFERENCES ……………………………………………….………………….………………. 24
SECTION 05 – BID BOND ……………………………………………………………………………………….………………25 -26
SECTION 06 – PERFORMANCE BOND 27 -28……………………………………………………….…………………………..
SECTION 07 – PAYMENT BOND ……………………………………………………………………….…….……………..29 -31
SECTION 08 – AGGREMENT ….…………………………………………..……………………….…………….…………..32 -42
SECTION 09 – PROJECT SPECIFICATIONS ….…………………………………………..……………….…………..43 – 187
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
SECTION 01
INSTRUCTIONS TO BIDDERS
PART ONE -DEFINED TERMS
1.1. Terms used in these Instructions to Bidders which are defined in the General Conditions have the
meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions
to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.
1.2 Bidder – One who submits a Bid directly to City of Fayetteville as distinct from a sub-bidder, who submits
a bid to a Bidder.
1.3 Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding
procedures are to be administered.
1.4 Successful Bidder – The lowest, responsible, and responsive Bidder to whom the City of Fayetteville ( on
the basis of the City of Fayetteville' s evaluation as hereinafter provided) makes an award.
1.5 Local Time – Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline.
Bids shall be received before the deadline time as shown by the atomic clock located in the Procurement
Division Office.
1.6 Substitution – Item(s) of material, equipment, or substrate that differs in application method, material,
warranty, and/ or performance as outlined in the specifications. Substitution requests shall be submitted
to the Procurement Division by bid question deadline. Substitution requests will be addressed via
addendum.
1.7 Equivalent (or Equal) – Item(s) of material, equipment, or substrate that meets the application method,
material, and performance but may differ in manufacturer and/or warranty from what is specified. Item(s)
meeting these criteria shall be considered equal at time of bid.
Named manufacturers within the specifications shall be used as a basis of design in regard to
establishing a minimum performance standard.
PART TWO -COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the
Advertisement for Bids may be obtained from the Issuing Office.
2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither City of Fayetteville nor
Project Manager assumes any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
2.3 City of Fayetteville and Project Manager in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for
any other use.
SECTION 01 – INSTRUCTIONS TO BIDDERS
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
PART THREE -EXAMINATION OF SITE AND CONTRACT DOCUMENTS
3.1 Bidders are advised that the Drawings and Specifications shall constitute all the information which the
City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville
or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the
contract, drawings, specifications, and estimates, or be binding on City of Fayetteville.
a. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and
Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions;
inform themselves by their independent research and sounding of the difficulties to be encountered,
and all attending circumstances affecting the cost of doing the work, and the time specified for its
completion; and obtain all information required to make an intelligent bid.
3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are
necessary for full and complete information upon which the bid may be made and for which a contract is
to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a
statement that all bids are made with the full knowledge of the difficulties and conditions that may be
encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials
required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions
of the contract and Bonds.
3.3 Bidders shall promptly notify the Procurement Division of all conflicts, errors, ambiguities, or
discrepancies which Bidder has discovered in or between the Contract Documents and such other related
documents.
3.4 Information and data shown or indicated in the Contract Documents with respect to existing underground
facilities at or contiguous to the site is based upon information and data furnished to City of Fayetteville
and Project Manager by City of Fayetteville’ s of such underground facilities or others, and City of
Fayetteville and Project Manager do not assume responsibility for the accuracy or completeness thereof
unless it is expressly provided otherwise in the Supplementary Conditions.
3.5 On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations,
investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid.
Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of
such explorations, investigations, tests, and studies.
3.6 Reference is made to the General Requirements for the identification of the general nature of work that
is to be performed at the site by City of Fayetteville or others (such as utilities and other prime contractors)
that relates to the work for which a Bid is to be submitted. On request, and as available, City of Fayetteville
will provide to each Bidder, for examination, access to or copies of Contract Documents ( other than
portions thereof related to price) for such work.
3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has
complied with every requirement of this Article 3, that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and applying the specific means,
SECTION 01 – INSTRUCTIONS TO BIDDERS
2
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
methods, techniques, sequences, or procedures of construction ( if any) that may be shown or indicated
or expressly required by the Contract Documents, that Bidder has given Project Manager written notice
of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract
Documents and that the written resolutions thereof by Project Manager are acceptable to Bidder, and
that the Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performing and furnishing the Work.
3.8 Mobilization shall not exceed 5% of bid total, excluding Bonds & Insurance and Trench & Excavation
Safety.
3.9 Any dumpsters needed for this project shall be procured from Fayetteville Recycling & Trash. No third
party dumpsters shall be used.
3.10 Open burning and blasting are not allowed on City projects.
3.11 Contractor is responsible for obtaining all applicable permits; however, fees for City-issued permits shall
be waived.
PART FOUR -AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
4.1 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and
other lands designated for use by Contractor in performing the Work are identified in the Contract
Documents. All additional lands and access thereto required for temporary construction facilities,
construction equipment, or storage of materials and equipment to be incorporated in the Work are to be
obtained and paid for by Contractor. Easements for permanent structures or permanent changes in
existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the
Contract Documents.
PART FIVE -INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true
meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any
part of the proposed Contract Documents, he should submit a written request for interpretation thereof
to the Project Manager not later than seven days before the date set for bid opening. The person
submitting the request shall be responsible for its prompt delivery.
5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum through
the City’ s online bidding portal. Only questions answered by formal written Addenda will be binding. Oral
and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be
responsible for any other explanations or interpretations of the proposed Contract Documents.
5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville
or Project Manager.
SECTION 01 – INSTRUCTIONS TO BIDDERS
3
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
SECTION 01 – INSTRUCTIONS TO BIDDERS
4
5.4 Bidder assumes all responsibility for checking the City’s online bidding portal at www.fayetteville-
ar.gov/bids for updates and addenda issued to this project.
PART SIX - APPROXIMATE ESTIMATE OF QUANTITIES
6.1 Estimated quantities are approximate only and shall be the basis for receiving unit price bids for each item
but shall not be considered by Bidders as actual quantities that may be required for the completion of the
proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall
determine the amount of each bid for comparison of Bids and aid in determining the low and responsive
Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the
required Bonds.
PART SEVEN - UNIT PRICES
7.1 Bidders must state a price for each item of work named in the Bid. Unit and Lump Sum prices shall include
amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every
description to construct, erect, and finish completely all the work as called for in the Specifications or
indicated on the Drawings.
7.2 Prices bid shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced
and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of
City of Fayetteville.
7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work
required and has reviewed the Drawings and Specifications to verify the full scope of the Work.
PART EIGHT - BID FORM
8.1 Bids are due as indicated in the Advertisement for Bids.
8.2 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for,
erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to
Bidders may be rejected as informal or non-responsive at the option of City of Fayetteville. However, City
of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and to
make the award in the best interest of City of Fayetteville.
8.3 Acceptance of alternate bids is at the City of Fayetteville’s discretion, as best services the City of
Fayetteville’s interest. Each deductive alternate is provided for on the Bid Form (if applicable). The price
of the Bid for each alternate will be the amount to be deducted from the price of the Total Base Bid if the
City of Fayetteville selects any of the alternates. The unit price amount for each alternate shall be the
same as the unit price amount listed in the Bid.
8.4 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a
partnership or other financial interest with him in the Bid, until after the bids have been opened.
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
8.5 All bids shall include all costs including but not limited to sales tax, use tax, permits, insurance, etc. The
contractor on this project is defined by the Arkansas Revenue Laws as the user and is responsible for the
appropriate taxes. There are NO provisions in this bid for a contractor to avoid taxes. The City of
Fayetteville is not a tax-exempt entity.
PART NINE -SIGNATURE ON BIDS
9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual
or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each
member must be given, and the Bid signed by a member of the partnership, or a person duly authorized.
If the Bid is made by a company or corporation, the company or corporate name must be given, and the
Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the
secretary or an assistant secretary. The corporate address and state of incorporation must be shown
below the signature.
9.2 All names must be typed or printed below the signature.
9.3 The address and telephone number for communications regarding the Bid must be shown.
9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with
City of Fayetteville.
9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda.
9.6 A State of Arkansas Contractor’ s License is required prior to the bid deadline and registration with the
Arkansas Secretary of State shall be valid and current at the time of Contract award.
9.7 Vendor shall not be debarred from doing business with any government entity.
PART TEN -BID BOND
10.1 A five percent ( 5%) bid security, in the form of a bid bond, or cashier’ s check from a bank located in the
State of Arkansas, as stated in the Advertisement for Bids, shall accompany each bid. Bid bonds for the
difference in price between low bidder and second low bidder shall not be acceptable. The Successful
Bidder' s security will be retained until City of Fayetteville receives a signed Agreement and required Bonds
and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and
furnish the required contract security within fifteen days after the Notice of Selection, City of Fayetteville
may annul the Notice of Selection and the Bid security of that Bidder will be forfeited.
10.2 The City of Fayetteville reserves the right to retain the security of the three low bidders until the Successful
Bidder enters into the Contract or until sixty ( 60) days after bid opening, whichever is sooner. Cash
equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after
bid tabulations are complete or thirty ( 30) days after bid opening, whichever is sooner. If any Bidder
refuses to enter into an Agreement, City of Fayetteville may retain Bidder' s bid security as liquidated
damages but not as a penalty.
SECTION 01 – INSTRUCTIONS TO BIDDERS
5
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
PART ELEVEN -PERFORMANCE BOND AND PAYMENT BOND
11.1 NOTICE TO PROCEED, BONDS AND ORDERING PROCEDURES
a. After contract award, the Contractor will provide the City with separate 100% performance and
payment bonds, as required in the contract.
b. Upon the City receiving and accepting the 100% Performance and Payment Bonds, the City will issue
a Purchase Order along with a Notice of Award (NOA).
c. The Notice of Award shall serve as permission for the Contractor to order any materials needed to
complete the project, specifically those with a long lead time.
d. The City will coordinate with the Contractor on the timing of the Notice to Proceed being issued, which
shall take into consideration the expected delivery of items with a long lead time.
e. Calendar days for substantial and final completion shall not start until the day following the issuance
of a Notice to Proceed.
f. The City will make progress payments for materials delivered on site, after verification of delivered
materials by City.
11.3 If Required --Contractor shall include provisions in the bonds which will guarantee the faithful
performance of the prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law,
Arkansas Code Annotated § 22-9-308(d).
11.4 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be
conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor
and materials furnished or performed in the construction of such alterations and additions as prescribed
in this contract.
11.5 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List"
issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater
than the underwriting limitations for the surety company as set out therein.
11.6 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall
be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the
surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority.
The mere countersigning of the Bonds will not be sufficient.
11.7 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At
least two originals of the Bonds shall be furnished, each with Power of Attorney attached. The
performance and payment bond shall be furnished to the City of Fayetteville accompanied by a receipt
stamped by the Washington County Circuit Clerk’ s Office. Before any work is performed under this
contract, the bond shall be filed with the clerk of the circuit court of Washington County, Arkansas and
accepted by the City of Fayetteville Project Manager.
SECTION 01 – INSTRUCTIONS TO BIDDERS
6
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
11.8 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or
unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being
notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein
specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the
discretion of Contractor.
PART TWELVE – INSURANCE REQUIREMENTS
12.1 The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines,
prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker’s Compensation,
and General Automotive, if applicable. SUCH CERTIFICATE SHALL LIST THE CITY OF FAYETTEVILLE AS AN
ADDITIONAL INSURED. LISTING THE CITY OF FAYETTEVILLE AS A CERTIFICATE HOLDER ONLY IS NOT AN
ACCEPTABLE SUBSTITUTE. CERTIFICATE OF INSURANCE MUST INCLUDE THE ENDORSEMENT SHOWING
THE CITY OF FAYETTEVILLE LISTED AS AN ADDITIONAL INSURED. Insurance shall remain valid, when
applicable, throughout project completion.
12.2 This bid is considered a public improvement bid. Public improvement bids shall submit certificates of
insurance within 10 days of notice to proceed, after City Council approval. Certificates of insurance are
to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance
which shall be maintained throughout the term of the bid. Any work sublet; the contractor shall require
the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in
work on the project is not protected under Workers’ Compensation, the Contractor shall provide, and
shall cause each subcontractor to provide, adequate employer’ s liability insurance for the protection of
such of his employees as are not otherwise protected.
PART THIRTEEN -CONTRACT TIME
13.1 Bidder agrees that the Work shall be substantially completed within __90__ consecutive calendar days
from the date established in the written notice to proceed. Total completion ( completed and ready for
final payment) shall be __120__ consecutive calendar days from the date established in the written notice
to proceed. The bidder agrees to pay liquidated damages for each consecutive calendar day thereafter
the total completion time.
13.2 Except in connection with the safety or protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the Site shall
be performed during regular working hours, and Contractor will not permit overtime work or the
performance of Work on Saturday, Sunday, or any legal holiday without City of Fayetteville’ s written
consent.
PART FOURTEEN -LIQUIDATED DAMAGES
14.1 Bidder accepts the provisions as to liquidated damages in the event of failure to complete the Work within
the total completion time. Liquidated damages in the sum of __$250.00__ for each consecutive day
thereafter will be assessed.
SECTION 01 – INSTRUCTIONS TO BIDDERS
7
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
SECTION 01 – INSTRUCTIONS TO BIDDERS
8
PART FIFTEEN – SUBCONTRACTORS, SUPPLIERS, AND OTHERS
15.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of
City of Fayetteville nor shall Contractor allow such subcontractor to commence work until approval of
workman's compensation insurance and public liability insurance as may be required. Approval of each
subcontract by City of Fayetteville will in no manner release Contractor from any obligations as set out in
the Drawings, Specifications, contract, and Bonds.
PART SIXTEEN - SUBSTITUTE AND "OR EQUAL" ITEMS
16.1 Any reference to a particular brand or manufacture is in an effort to establish an acceptable level of quality
for this purchase and are used as a basis of design in regard to establishing a minimum performance
standard. Brands or manufacturers that are included in a bid that are of at least equal quality, size, and
specification as to what has been specified, will be acceptable for consideration. All requests for approved
substitutions shall be submitted by e-mail. Such request to obtain an acceptable substitution shall be
made in writing to Kenny Fitch, Sr. Procurement Agent, at kfitch@fayetteville-ar.gov. The Sr. Procurement
Agent will forward any such requests to the responsible City Department for review. Approval of all
submittals will be made only by Addendum issued by the City of Fayetteville Procurement Division.
PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS
17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five
days after bid opening, upon City of Fayetteville's or Project Manager’s request, detailed written evidence
such as financial data, present commitments, and other such data as may be called for. Each Bid must
contain evidence of Bidder's qualification to do business in the State of Arkansas.
17.2 CERTIFICATION OF FUNDS:
Notice: bidders are required to provide pricing for all line items. Failure to provide deductive alternate
pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive
responsible bidder based on the lump sum bid as long as such bid falls within the amount of funds certified
for the project, plus 25%.
a. In the event no bid falls within the amount of funds certified for the project, plus 25%, the City will
utilize the deductive alternates in order until bids can be compared within the amount certified, plus
25%. In the event all deductive alternates are subtracted and no bid falls within the amount certified,
plus 25%, all bids will be rejected.
b. The City shall have the authority to negotiate an award with the apparent responsive responsible low
bidder but only if the low bid is within twenty-five present (25%) of the certification of funds.
17.3 DEDUCTIVE ALTERNATES:
This bid does not include deductive alternate(s).
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
PART EIGHTEEN -DISQUALIFICATIONS OF BIDDERS
18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and
the rejection of Bids.
18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under
the same or different names.
18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders
for any future work.
18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other
items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of
work for which a bid price is required by the Bid Form, or failure to include all required contract
documents.
18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements
submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and
progress.
18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt
completion of additional work if awarded.
18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a
previous contract.
PART NINETEEN -OPENING OF BIDS
19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be
designated by City of Fayetteville the day of the bid opening. A bid tabulation of the amounts of the base
Bids and major alternates ( if any) will be made available to Bidders after the opening of Bids.
PART TWENTY -EVALUATION OF BIDS
20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the
bid prices of the accepted Bids. This review of the Bids will confirm the low bidder.
20.2 In evaluating Bids, City of Fayetteville will consider the qualifications of Bidders, whether or not the Bids
comply with the prescribed requirements, and such alternates, unit prices, and other data as may be
requested in the Bid Form or prior to the Notice of Selection.
SECTION 01 – INSTRUCTIONS TO BIDDERS
9
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
20.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other
persons and organizations proposed for those portions of the Work as to which the identity of
Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the
Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance
requirements, performance data, and guarantees of major items of materials and equipment proposed
for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection.
PART TWENTY-ONE -RIGHT TO REJECT BIDS
21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise
for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide
which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the
reputation, financial ability, experience and equipment of the Bidder.
21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the
Work and to negotiate contract terms with the Successful Bidder.
PART TWENTY-TWO -AWARDING OF CONTRACT
22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time
from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful
Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim
against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the
contracting parties. The letting of a contract shall not be complete until the contract is executed, and the
necessary Bonds approved.
PART TWENTY-THREE -RETAINAGE
23.1 The City of Fayetteville shall make progress payments within two (2) weeks after Architect/ Engineer’ s
Certification of Payment. All such payments will be measured by the schedule of values established as
provided in the General Requirements.
a. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously made and
less such amounts as Engineer/ Architect shall determine, or The City of Fayetteville may withhold, in
accordance with the General Requirements.
b. Retainage will be with-held from each pay request in the amount of 5%. After Substantial Completion
has been issued by the Architect, Payments can be made for 100% less the value of remaining punch
list items as identified by the Architect on the Certificate of Substantial Completion.
c. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and
accompanied by documentation satisfactory to The City of Fayetteville as provided in the General
Requirements.
SECTION 01 – INSTRUCTIONS TO BIDDERS
10
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
PART TWENTY-FOUR -SIGNING OF AGREEMENT
24.1 When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by
the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions,
with all other written Contract Documents attached. Within five (5) days thereafter, the Contractor shall
execute the contract and return to the City to submit to City Council for approval. Within 21 days, the City
of Fayetteville shall return the fully executed contract to Contractor. Contractor will have five (5) days to
provide the Performance and Payment Bonds for the project.
PART TWENTY-FIVE -MATERIALS GUARANTY
25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin,
composition, or manufacture of any or all materials proposed to be used in the construction of the Work,
together with samples, which may be subjected to tests provided for in the Specifications to determine
their quality and fitness for the Work.
PART TWENTY-SIX -FAMILIARITY WITH LAWS
26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that
in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No
claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the
provisions of the contract. No representations shall be binding unless embodied in the contract.
PART TWENTY-SEVEN -INDEMNIFICATION
27.1 To the extent of the limits of the Contractor’ s Commercial General Liability Insurance, the Contractor shall
indemnify and hold harmless the City of Fayetteville against any and all liability, claims, demands,
damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage
or alleged damage to any of the City’ s existing adjacent property, including personal property, that may
arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful
acts or omissions of the Contractor, Subcontractor, Supplier, Sub subcontractor, or anyone employed
directly or indirectly by any of them or by anyone for whose acts any of them may be liable.
PART TWENTY-EIGHT -MISCELLANEOUS
28.1 Contractor shall provide weekly updates to City staff throughout the duration of the project following the
Notice to Proceed. Each update shall include all reports, photographs, schedules, and any other
documentation as may be requested or specified by the City. The Contractor shall submit such updates in
the format and manner directed by the City and within the deadlines established by City staff.
END OF SECTION 01 – INSTRUCTIONS TO BIDDERS
SECTION 01 – INSTRUCTIONS TO BIDDERS
11
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
SECTION 02
BID FORM
Bid Number: 26-36, Construction – Mission Blvd Sidewalk
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder: _______________________________________________
ARTICLE 1 -INTENT
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with
Owner in the form included in the Contract Documents to perform and furnish all Work as specified or
indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and
in accordance with the other terms and conditions of the Contract Documents.
ARTICLE 2 -TERMS AND CONDITIONS
2.01 Bidder accepts all terms and conditions of the Invitation to Bid and Instructions to Bidders, including
without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to
acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number
of counterparts of the Agreement with the Bonds and other documents required by the Bidding
Requirements within 15 days after the date of Owner’ s Notice of Award.
SECTION 02 – BID FORM
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
ARTICLE 3 -BIDDER’ S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda,
receipt of all which is hereby acknowledged:
Number Date
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, performance, and furnishing of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, performance, and furnishing of the Work.
D. Bidder is aware of the general nature of work to be performed by Owner and others at the Site
that relates to Work for which this Bid is submitted as indicated in the Contract Documents.
E. Bidder has correlated the information known to Bidder, information and observations obtained
from visits to the Site, reports, and drawings identified in the Contract Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract
Documents.
F. Bidder has given Purchasing Division written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Contract Documents, and the written resolution
thereof by Purchasing Division is acceptable to Bidder.
G. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performing and furnishing the Work for which this Bid is submitted.
H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm,
or corporation and is not submitted in conformity with any agreement or rules of any group,
association, organization, or corporation; Bidder has not directly or indirectly induced or
SECTION 02 – BID FORM
2
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced
any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by
collusion to obtain for himself any advantage over any other Bidder or over Owner.
I. Upon receipt of written notice of acceptance of this bid, bidder will execute the formal contract
attached within 10 days and deliver a Surety Bond or Bonds as required by the General
Conditions.
J. 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 set forth above, as liquidated damages for the delay and additional expense to
the Owner caused thereby.
ARTICLE 4 -CONTRACT TIMES
5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment
90__ consecutive calendar days from the date established in a written notice to proceed. Total
completion shall be __ 120__ consecutive calendar days from the date established in a written notice to
proceed. The bidder agrees to pay liquidated damages for each consecutive calendar day thereafter the
total completion time.
5.02 Bidder accepts the provisions as to liquidated damages in the event of failure to complete the Work within
the total completion time. Liquidated damages in the sum of $__250.00__ for each consecutive calendar
day thereafter will be assessed.
ARTICLE 5 – TERMINOLOGY
6.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders
will have the meanings assigned to them.
SUBMITTED on _____________________________, 20______.
Arkansas State Contractor License No. _______________________________
SECTION 02 – BID FORM
3
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
If Bidder is:
An Individual
Name (type or printed): ___________________________________________
By: __________________________________________________(SEAL)
Individual’ s Signature)
Doing business as: ___________________________________________________
Business address: ____________________________________________________
Phone No.: ___________________________FAX No.: _____________________
Tax ID No.: ___________________________UEI No.: _____________________
A Partnership
Partnership Name: ______________________________________( SEAL)
By: _________________________________________________________
Signature of general partner – attach evidence of authority to sign)
Name (type or printed): _______________________________________________
Business address: ______________________________________________________
Phone No.: ____________________________FAX No.: ____________________
Tax ID No.: ___________________________UEI No.: _____________________
SECTION 02 – BID FORM
4
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
A Corporation
Corporation Name: ______________________________________(SEAL)
State of Incorporation: __________________________________________
Type (General Business, Professional, Service, Limited Liability): _______
By: _________________________________________________________
Signature – attach evidence of authority to sign)
Name (type or printed): __________________________________________
Title: _________________________________________________________
CORPORATE SEAL)
Attest: ________________________________________________________
Signature of Corporate Secretary)
Business address: _________________________________________________
Phone No.: ________________________FAX No.: ___________________
Tax ID No.: ________________________UEI No.: ___________________
END OF SECTION 02 – BID FORM
SECTION 02 – BID FORM
5
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
SECTION 03 – LIST OF SUBCONTRACTORS
In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the
following names of Subcontractors to be used in performing the Work for:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor’ s Work Subcontractor’ s Name Expected Percentage
and Address or Value
Clearing/ Demolition ___________________________________ __________________
Mechanical ___________________________________ __________________
Plumbing ___________________________________ __________________
Electrical ___________________________________ __________________
Roofing/ Sheet Metal ___________________________________ __________________
Other (designate) ___________________________________ __________________
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
Bidder’ s Signature
SECTION 03 – LIST OF SUBCONTRACTORS
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
Section 04
CONTRACTOR REFERENCES
The following information is required from all Bidders so all bids may be reviewed and properly evaluated:
COMPANY NAME: ________________________________________________________________________________
NUMBER OF YEARS IN BUSINESS: ___________________ HOW LONG IN PRESENT LOCATION: ____________________
TOTAL NUMBER OF CURRENT EMPLOYEES: _________________ FULL TIME _______________ PART TIME
NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: ____________ FULL TIME ____________ PART TIME
PLEASE LIST FOUR ( 4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN
THE PAST FIVE ( 5) YEARS ( All fields must be completed):
1. ___________________________________________ 2. _________________________________________
COMPANY NAME COMPANY NAME
CITY, STATE, ZIP CITY, STATE, ZIP
CONTACT PERSON CONTACT PERSON
TELEPHONE TELEPHONE
DATE COMPLETED DATE COMPLETED
E-MAIL ADDRESS E-MAIL ADDRESS
3. ___________________________________________ 4. _________________________________________
COMPANY NAME COMPANY NAME
CITY, STATE, ZIP CITY, STATE, ZIP
CONTACT PERSON CONTACT PERSON
TELEPHONE TELEPHONE
DATE COMPLETED DATE COMPLETED
E-MAIL ADDRESS E-MAIL ADDRESS
SECTION 04 -CONTRACTOR REFERENCES
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
SECTION 05
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we
as Principal, hereinafter called the Principal, and
a corporation duly organized under the laws of the State of _____________________as Surety, hereinafter
called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Obligee, hereinafter called Owner, in the sum of __________________________________________________
Dollars ($____________________), for the payment of which sum, well
and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted a Bid for:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with
the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the
Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the
failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner
the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger
amount for which the Owner may in good faith contract with another party to perform the Work covered by
said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
SECTION 05 -BID BOND
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
Signed and sealed this ____________day of __________________20_____.
PRINCIPAL ( CORPORATE SEAL)
By ____________________________________
SURETY
By _____________________________________
ATTORNEY-IN-FACT ( CORPORATE SEAL)
This Bond shall be accompanied with
Attorney-in-Fact’ s authority from Surety)
END OF SECTION 05
SECTION 05 -BID BOND
2
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
SECTION 06
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, hereinafter called Contractor, and
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Obligee, hereinafter called Owner, in the amount of $____________________,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 ____________________, 20______, entered into a
contract with Owner for BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK 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:
A. Complete the Contract in accordance with its terms and conditions, or
B. 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
SECTION 06 -PERFORMANCE BOND
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
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 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 ____________________20______.
CONTRACTOR ( CORPORATE SEAL)
By ____________________________________
SURETY COUNTERSIGNED: Resident Agent
State of Arkansas
By _____________________________________ By ____________________________________
ATTORNEY-IN-FACT ( CORPORATE SEAL)
This Bond shall be accompanied with
Attorney-in-Fact’ s authority from Surety) Approved as to Form:
Attorney for ____________________________
SECTION 06 -PERFORMANCE BOND
2
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
SECTION 07
LABOR AND MATERIAL PAYMENT BOND
This Bond is issued simultaneously with the Performance Bond in favor of Owner conditioned on the full and
faithful performance of the Contract.
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, hereinafter called Contractor, and
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount
of $_________________________,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 ____________________, 20______, entered into a
contract with Owner for BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK 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 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:
SECTION 07 -LABOR AND MATERIAL PAYMENT BOND
1
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of
the Contractor 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.
B. The above-named Contractor 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 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.
C. No suit or action shall be commenced hereunder by any claimant:
1. Unless claimant other than one having a direct contract with Principal, shall have given
written notice to any two of the following: the Contractor, the Owner, or the Surety within 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 Contractor,
Owner or Surety, at any place where an office is regularly maintained for the transaction of
business, or served in any manner in which 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.
2. After the expiration of one year following the date on which Contractor ceased Work on the
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.
3. 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.
D. 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.
SECTION 07 -LABOR AND MATERIAL PAYMENT BOND
2
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-36, CONSTRUCTION – MISSION BLVD SIDEWALK
Signed and sealed this ______________day of ____________________20______.
CONTRACTOR ( CORPORATE SEAL)
By ____________________________________
SURETY COUNTERSIGNED: Resident Agent
State of Arkansas
By _____________________________________ By ____________________________________
ATTORNEY-IN-FACT ( CORPORATE SEAL)
This Bond shall be accompanied with
Attorney-in-Fact’ s authority from Surety) Approved as to Form:
Attorney for ____________________________
SECTION 07 -LABOR AND MATERIAL PAYMENT BOND
3
DOCUMENT 00500 – AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/ Title: MISSION BLVD. SIDEWALK ( WINWOOD DR. TO LIBBY LN.)
LIGHTING
Contract No.: _______________ ( to be assigned after City Council approval)
THIS AGREEMENT is dated as of the ___________ day of ______________in the year 2026
by and between The City of Fayetteville, Arkansas and _________________________
hereinafter called Contractor).
ARTICLE 1 -WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract
Documents. The work under this Contract includes, but is not limited to:
1. Mobilization/ Demobilization
2. Traffic control and lane closures according to MUTCD and ARDOT
3. Tree Removal & Trimming where necessary
4. Excavation and select fill placement
5. Installation of precast block retaining wall
6. Installation of curb and gutter
7. Installation of reinforced concrete pipe
8. Installation of crosswalk thermoplastic
9. Extension of box culvert
10. Installation of sidewalk and ADA ramps
11. Complete site restoration including, topsoil, select grading, sod and seed.
City of Fayetteville 00500 -1
Mission Blvd. Sidewalk
DOCUMENT 00500 – AGREEMENT ( continued)
ARTICLE 2 -ENGINEER
2.01 The Project has been designed by the City of Fayetteville, who is hereinafter called
Engineer. The Engineer assumes all duties and responsibilities, and has the rights
and authority assigned to Engineer in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
ARTICLE 3 -CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract
Documents are of the essence of the Contract.
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within 90 calendar days after the
date when the Contract Times commence to run as provided in the
GENERAL CONDITIONS, and completed and ready for final payment in
accordance with the GENERAL CONDITIONS within 120 calendar days
after the date when the Contract Times commence to run.
3.03 LIQUIDATED DAMAGES:
A. Owner and Contractor recognize that time is of the essence of this
Agreement and that The City of Fayetteville will suffer financial loss if the
Work is not completed within the time specified above, plus any extensions
thereof allowed in accordance with the GENERAL CONDITIONS. The
parties also recognize the delays, expense, and difficulties involved in
proving the actual loss suffered by The City of Fayetteville if the Work is not
Substantially Completed on time. Accordingly, instead of requiring any such
proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay ( but not as a penalty) Contractor shall pay The City of
Fayetteville Two Hundred Dollars ($ 250.00) for each calendar day that
expires after the time specified above in Paragraph 3.02 for Substantial
City of Fayetteville 00500 -2
Mission Blvd. Sidewalk
DOCUMENT 00500 – AGREEMENT ( continued)
Completion until the Work is Substantially Complete. After Substantial
Completion, if Contractor shall neglect, refuse, or fail to complete the
remaining Work within the time specified in Paragraph 3.02 for completion
and readiness for final payment or any proper extension thereof granted by
The City of Fayetteville, Contractor shall pay The City of Fayetteville Two
Hundred Dollars ($ 250.00) for each calendar day that expires after the time
specified for completion and readiness for final payment.
ARTICLE 4 -CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to
accept, as full and final compensation for all work done under this agreement, the
amount based on the prices bid in the Proposal ( BID FORM) which is hereto
attached, for the actual amount accomplished under each pay item, said payments to
be made in lawful money of the United States at the time and in the manner set forth
in the Specifications.
4.02 As provided in the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER
as provided in the General Conditions. Unit prices have been computed as provided
in the General Conditions.
4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor
and the City Council in advance of the change in scope, cost or fees.
ARTICLE 5 -PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Engineer as provided in the GENERAL CONDITIONS.
City of Fayetteville 00500 -3
Mission Blvd. Sidewalk
DOCUMENT 00500 – AGREEMENT ( continued)
5.02 PROGRESS PAYMENTS, RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the
Contract Price on the basis of Contractor' s Applications for Payment as
recommended by Engineer, on or about the 15th day of each month during
construction. All such payments will be measured by the schedule of values
established in the GENERAL CONDITIONS ( and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as Engineer
shall determine, or The City of Fayetteville may withhold, in accordance
with the GENERAL CONDITIONS.
a. 95% of Work Completed ( with the balance being retainage). If
Work has been 50% completed as determined by Engineer, and
if the character and progress of the Work have been satisfactory
to The City of Fayetteville and Engineer, The City of
Fayetteville on recommendation of Engineer, may determine that
as long as the character and progress of the Work subsequently
remain satisfactory to them, there will be no additional retainage
on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion
will be an amount equal to 100% of the Work Completed less the
aggregate of payments previously made; and
b. 100% of Equipment and Materials not incorporated in the Work
but delivered, suitably stored, and accompanied by
documentation satisfactory to The City of Fayetteville as
provided in the GENERAL CONDITIONS.
City of Fayetteville 00500 -4
Mission Blvd. Sidewalk
DOCUMENT 00500 – AGREEMENT ( continued)
2. Upon Substantial Completion, The City of Fayetteville shall pay an amount
sufficient to increase total payments to Contractor to 95% of the Contract
Price (with the balance being retainage), less such amounts as Engineer shall
determine, or The City of Fayetteville may withhold, in accordance with the
GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the
GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder
of the Contract Price as recommended by Engineer and as provided in the
GENERAL CONDITIONS.
ARTICLE 6 -CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor
makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents
including the Addenda and other related data identified in the Bid
Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to
the general, local, and Site conditions that may affect cost, progress,
performance, and furnishing of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, performance, and
furnishing of the Work.
D. Contractor has carefully studied all:
1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous
to the Site; and
City of Fayetteville 00500 -5
Mission Blvd. Sidewalk
DOCUMENT 00500 – AGREEMENT ( continued)
2) reports and drawings of a Hazardous Environmental Condition, if
any, at the Site. Contractor acknowledges that The City of
Fayetteville and Engineer do not assume responsibility for the
accuracy or completeness of information and data shown or indicated
in the Contract Documents with respect to Underground Facilities at
or contiguous to the Site.
E. Contractor has obtained and carefully studied ( or assumes responsibility of
having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions
surface, subsurface, and Underground Facilities) at or contiguous to the Site
or otherwise which may affect cost, progress, performance, and furnishing of
the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor and
safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the
performing and furnishing of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the
Contract Documents.
G. Contractor is aware of the general nature of work to be performed by The
City of Fayetteville and others at the Site that relates to the Work as indicated
in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information
and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
I. Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the Contract
City of Fayetteville 00500 -6
Mission Blvd. Sidewalk
DOCUMENT 00500 – AGREEMENT ( continued)
Documents and the written resolution thereof by Engineer is acceptable to
Contractor.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
ARTICLE 7 -CONTRACT DOCUMENTS
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The
City of Fayetteville and Contractor concerning the Work consist of the
following and may only be amended, modified, or supplemented as provided
in the GENERAL CONDITIONS:
1. This Agreement.
2. Exhibits to this Agreement ( enumerated as follows):
a. Notice to Proceed ( issued after City Council approval and when
the City is ready to start).
b. Contractor' s Bid.
c. Documentation submitted by Contractor prior to Notice of
Award.
3. Performance, Payment, and other Bonds. ( Required after City Council
approval).
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table of
contents of Project Manual.
City of Fayetteville 00500 -7
Mission Blvd. Sidewalk
DOCUMENT 00500 – AGREEMENT ( continued)
7. Drawings consisting of a cover sheet and sheets as listed in the table of
contents thereof, with MISSION BLVD. SIDEWALK
8. The following which may be delivered or issued after the Effective Date of
the Agreement and are not attached hereto: All Written Amendments and
other documents amending, modifying, or supplementing the Contract
Documents pursuant to the GENERAL CONDITIONS.
ARTICLE 8 -MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
8.02 ASSIGNMENT OF CONTRACT:
A. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but without
limitation, moneys that may become due and moneys that are due may not be
assigned without such consent ( except to the extent that the effect of this
restriction may be limited by Law), and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds himself, his partners,
successors, assigns, and legal representatives to the other party hereto, its
partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
City of Fayetteville 00500 -8
Mission Blvd. Sidewalk
DOCUMENT 00500 – AGREEMENT ( continued)
8.04 SEVERABILITY:
A. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon The City of
Fayetteville and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
8.05 FREEDOM OF INFORMATION ACT:
A. City contracts and documents prepared while performing city contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom
of Information Act request is presented to the City of Fayetteville, the
contractor will do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act
A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
OTHER PROVISIONS: Not Applicable.
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement
in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two
counterparts each has been delivered to The City of Fayetteville. All portions of the Contract
Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or
identified by Engineer on their behalf.
City of Fayetteville 00500 -9
Mission Blvd. Sidewalk
DOCUMENT 00500 – AGREEMENT ( continued)
This Agreement will be effective on ____________________________, 2026, which is the
Effective Date of the Agreement.
CITY OF FAYETTEVILLE
Name Written: Name Written: Molly Rawn
Signature: Signature:
Title: Title: Mayor
SEAL) ( SEAL)
Attest Attest
City of Fayetteville 00500 -10
Mission Blvd. Sidewalk
DOCUMENT 00500 – AGREEMENT ( continued)
Address for giving notices Address for giving notices
113 W. Mountain Street
Fayetteville AR, 72701
License No. __ ( attach evidence of authority to
sign and resolution or other documents
Agent for Service of process authorizing execution of Agreement)
If Contractor is a corporation, Approved As to Form:
attach evidence of authority to
sign.) By:
Attorney For:
END OF DOCUMENT 00500
City of Fayetteville 00500 -11
Mission Blvd. Sidewalk
STANDARD
SPECIFICATIONS
FOR
STREET AND DRAINAGE
CONSTRUCTION
City of Fayetteville
DIVISION 100. GENERAL PROVISIONS ................................................... 5
Section 101. Definitions and Terms ........................................................................ 5
Section 102. ARDOT Standard Specifications by Reference (Current Edition) ....15
Section 103. Insurance and Bonding .................................................................... 15
Section 104. Scope of Work ................................................................................. 16
Section 105. Control of Work ................................................................................ 17
Section 106. Control of Material............................................................................ 27
Section 107. Quality Control Requirements .......................................................... 30
Section 108. Legal Relations and Responsibility to the Public ............................. 34
Section 109. Prosecution and Progress ................................................................ 41
Section 110. Measurement and Payment ............................................................. 48
Section 111. Roadway Construction Control ........................................................ 51
Section 112. Trench and Excavation Safety Systems .......................................... 52
DIVISION 200. EARTHWORK .................................................................. 54
Section 201. Clearing, Grubbing, and Demolition ................................................. 54
Section 202. Excavation and Embankment .......................................................... 55
Section 203. Subgrade Preparation ...................................................................... 61
Section 204. Select Grading and Topsoil ..............................................................62
Section 205. Undercut and Stone Backfill ............................................................. 64
DIVISION 300. STORM DRAINAGE ........................................................ 66
Section 301. Storm Drainage Pipe........................................................................ 66
Section 302. Drop Inlets and Junction Boxes ....................................................... 69
Section 303. Concrete Box Culverts ..................................................................... 71
Section 304. Vacant .............................................................................................. 73
ST-2
Standard Street and Drainage Specifications
Section 305. Open Channels ................................................................................ 73
Section 306. Filter Blanket and Riprap ................................................................. 75
Section 307. Flowable Select Material .................................................................. 77
DIVISION 400. BASE AND PAVING ........................................................ 79
Section 401. Aggregate Base Course................................................................... 79
Section 402. Prime and Tack Coats ..................................................................... 80
Section 403. Asphalt Concrete Hot Mix ................................................................82
Section 404. Asphalt Concrete Hot Mix Base Course ........................................... 88
Section 405. Asphalt Concrete Patching for Maintenance of Traffic .....................90
Section 406. Asphalt Concrete Hot Mix Patching of Existing Roadway ................ 91
DIVISION 500. MISCELLANEOUS CONSTRUCTION ............................. 92
Section 501. Concrete Curb and Gutter ................................................................92
Section 502. Concrete Sidewalks ......................................................................... 93
Section 503. Driveway Construction or Reconstruction ........................................ 95
Section 504. Headwalls and Retaining Walls ....................................................... 96
Section 505. Seeding and Sodding ...................................................................... 98
Section 506. Mailboxes ....................................................................................... 103
Section 507. Pavement Markings ....................................................................... 104
Section 508. Street Signs ................................................................................... 107
Section 509. Erosion Control .............................................................................. 108
Section 510. Traffic Control and Maintenance .................................................... 111
Section 511. Mobilization .................................................................................... 114
Section 512. Fences ........................................................................................... 115
Section 513. Handicap Ramps ........................................................................... 120
Section 514. Project Signs .................................................................................. 121
ST-3
City of Fayetteville
Section 515. Handrail ......................................................................................... 122
Section 516. Cold Milling Pavement ................................................................... 123
Section 517. Tree Protection Fencing ................................................................. 124
DIVISION 600. MATERIALS .................................................................. 125
Section 601. Cast-in-Place Concrete .................................................................. 125
Section 602. Reinforcing Steel ........................................................................... 139
DIVISION 700. SPECIAL PROVISIONS ................................................. 143
Special Provision 701. AHTD Standard Specifications by Reference .................143
Special Provision 702. Overcut Pavement Restoration ..................................... 143
Special Provision 703 Remove and Reinstall Apartment Sign ............................144
Special Provision 704 RCP Concrete Collar……………………………………….. 144
Special Provision 705 Asphalt/Concrete T-Patch………………………………….. 145
Special Provision 706 6” to 4” Roof Drain Extension through curb...…………..... 145
ST-4
Standard Street and Drainage Specifications
DIVISION 100. GENERAL PROVISIONS
Section 101. Definitions and Terms
101.01 Abbreviations and Definitions. Whenever the following abbreviations are used in
these specifications or on the plans, they are to be construed the same as the respective
expressions represented:
a) Industry Abbreviations.
ACI American Concrete Institute
AASHTO American Association of State Highway and Transportation Officials
ADPCE Arkansas Department of Pollution Control and Ecology
AGC Associated General Contractors of America
AIA American Institute of Architects
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
ARA American Railway Association
ARDOT Arkansas Department of Transportation
AREA American Railway Engineering Association
ARTBA American Road and Transportation Builders Association
ASCE American Society of Civil Engineers
ASTM American Society for Testing and Materials
ATSSA American Traffic Safety Service Association
AWPA American Wood Preservers Association
AWS American Welding Society
AWWA American Water Works Association
CoE U.S. Army Corps of Engineers
CRSI Concrete Reinforcing Steel Institute
FHWA Federal Highway Administration
FSS Federal Specifications and Standards, General
ITE Institute of Traffic Engineers
MIL Military Specifications
MUTCD Manual on Uniform Traffic Control Devices for Streets and Highways
NEMA National Electrical Manufacturers Association
OSHA Occupational Safety and Health Administration
SAE Society of Automotive Engineers
SSPC Steel Structures Painting Council
UL Underwriter’ s Laboratory
USC United States Code
ST-5
City of Fayetteville
b) Contract Abbreviations for Construction Work
AC Asphalt Cement ACHM Asphalt Concrete Hot Mix
ACTD Actuated ADJ Adjusted
AGG Aggregate( s) ALUM Aluminum
APPL Application APPR Approach
ASPH Asphalt ASSY Assembly
AST Asphalt Surface Treatment AUTO Automatic
BIND Binder BIT Bituminous
BLDG Building(s) BLDG Building(s)
BLKT Blanket BNG( S) Bearing( s)
BR Bridge(s) BST Bituminous Surface
Treatment
C & G Curb and Gutter CA Corrugated Aluminum
cc cubic centimeter( s) CD Compacted Depth
CEM Cement CL Class
CLVT( S) Culvert( s) CM Corrugated Metal
CMBN Combination CNTL Control, Controller
COMP Compaction, CONC Concrete
Controller CONST Construction
CONT Continuous, CORR Corrugated
Continuously CR Crushed
CRS Course( s) CS Corrugated Steel
CTD Coated CU,cu Cubic
DBL Double DI Drop Inlet( s)
DWY(S) Driveway(s)
EMUL Emulsified EWK Earthwork
EXC Excavation EXP Expansion
F & I Furnish and Install FDN Foundation
FES Flared End Section(s) FNC Fence(s)
FURN Furnish, Furnishing
GA Gage, Gauge GALV Galvanized
GR Grade, Graded GRVL Gravel
ha hectare(s) HI High Intensity
HM Hot Mix HMA Hot Mix Asphalt
HMAS Hot Mix Asphalt Stabilized
INST Install, Installing, Installation
j joule(s)
kg kilogram( s) kL kilometer( s)
km/h kilometers per hour KPa kilopascal(s)
L liter( s) LAB Laboratory
m meter(s) mm millimeter(s)
MA Mineral Aggregate MAINT Maintenance
MATL Material(s) MES Mitered End Section(s)
MET Metal MG 1000 Gallons
MIN Mineral MOB Mobilization
ST-6
Standard Street and Drainage Specifications
MOD Modified MPa MegaPascal( s)
MRK Marking(s) msta metric station
mton 1000 kilograms
NO Number(s) NON MET Non-Metallic
NON REINF Non-Reinforced NPDES National Pollutant Discharge
Elimination System
OCT Octagonal OFF Office
Pa Pascal(s) PC Portland Cement
PIL Piles, Piling PM Plant Mixed
ppm parts per million PRCST Precast
PRFMD Preformed PROC Process, Processing
PVC Polyvinylchloride PVMT Pavements(s)
PVNG Paving
QPL Qualified Products List QUAD Quadruple
QUINT Quintuple
R & D Removal and Disposal RC Reinforced Concrete
RDWY Roadway( s) RECOMP Recompact( ed),
RECON Reconstruct(ed) Recompaction
REFL Reflectorized REHAB Rehabilitate, Rehabilitation
RELOC Relocate, Relocation REMV Removal, Removing,
RELP Replace, Replacing Removed
RESTOR Restoration RESTEEL Reinforcing Steel
RMC Rigid Metallic Conduit RNMC Rigid Non-Metallic Conduit
SCAR Scarify, Scarifying SGNL(S) Signal(s)
SHLD( S) Shoulder( s) SPEC Special
sq Square Sta Station (100 feet)
STAB Stabilized, Stabilization STKPL Stockpile, Stockpiling
STL Steel STN Stone
STR( S) Structure( s) STRL Structural
SURF Surface, Surfacing SWPPP Storm Water Pollution
SYS System, Systems Prevention Plan
TEMP Temporary TERM Terminal
THERMPL Thermoplastic TMBR Timber
TRAF Traffic TRPL Triple
TRMT Treatment TRTD Treated
TY Type
UNCL Unclassified UNTRTD Untreated
UT Uniform Thickness VAR Variable
VEH Vehicle( s)
µm micrometer ( 1 x 10-6 m )
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City of Fayetteville
c) Definitions. Whenever in these specifications or in other contract documents the following
terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as
follows:
Addenda. Written or graphic instruments issued prior to the opening of Bids which clarify,
correct or change the bidding documents or the Contract Documents.
Advertisement. The public announcement, as required by law, inviting bids for work to be
performed or materials to be furnished.
ARDOT Standard Specifications. The Standard Specifications for HIGHWAY
CONSTRUCTION, Arkansas Department of Transportation, Edition of 2014 or latest version,
unless version date indicated otherwise.
Agreement. The written agreement between Owner and Contractor covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part thereof as
provided therein. The terms Agreement and Contract are used interchangeably.
Award. The acceptance by the City of a proposal.
Bid. The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices
for the Work to be performed. The terms Bid and Proposal are used interchangeably.
Bid Bond. The security furnished with a bid to guarantee that the bidder will enter into the
Contract if the bid is accepted.
Bidder. An individual, partnership, corporation or joint venture submitting a bid for the
advertised work. (The terms “ Bidder” and “ Contractor” are frequently used synonymously.)
Bid Proposal Form. The approved form on which the Owner requires bids to be prepared and
submitted for the work.
Business Day. Any calendar day except Saturdays, Sundays, and City recognized holidays. If a
holiday falls on Saturday or Sunday, the observed day shall be the Friday preceding the Saturday
or the Monday following the Sunday.
Calendar Day. Any day shown on the calendar, beginning and ending at midnight. If a day is
not identified by any other modifier, it shall be considered a calendar day.
Change Order. A written order issued by the Owner to the Contractor, covering changes in the
plans or quantities or both, within the scope of the Contract and establishing the basis of payment
and time adjustments for the work affected by the changes.
City. The City of Fayetteville, Arkansas, including authorized representatives.
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Standard Street and Drainage Specifications
City Engineer. An Engineer employed by the City responsible for construction administration
and inspection of projects for which the City is the Owner.
Construction Field Change. A written order issued by the Owner covering minor changes in
the work, but which does not involve a change in the Contract Price or the Contract Time.
Construction Observer. The Engineer’ s or City’ s designated personnel appointed to observe the
Work. Multiple construction observers may be designated.
Contract. The written agreement between the City and the Contractor setting forth the
obligations of the parties thereunder, including, but not limited to, the performance of the work,
the furnishing of labor and materials, and the basis of payment. ( The Contract includes the
contract form; the contract schedule of prices; the payment and performance bonds;
specifications, supplemental specification, and special provisions; general and detailed plans; and
any change orders and agreements that are required to complete the construction of the work in
an acceptable manner, including authorized extensions thereof, all of which constitute one
instrument.)
Contract Documents. The Contract Documents includes the executed Agreement; Addenda
which pertain to the Contract Documents); Advertisement for Bids; Information for Bidders,
Contractor’ s Bid ( including documentation accompanying the Bid and any Post-Bid
documentation submitted prior to the Notice of Award) when attached as an exhibit to the
Agreement; List of proposed Subcontractors; the Bonds; the Specifications; Special Provisions,
Supplementary Conditions, Certificates of Insurance; the Plans (Drawings) as the same are more
specifically identified in the Agreement; together with all written modifications, Change Orders
and Engineer’ s written interpretations and clarifications issued on or after the Effective Date of
the Agreement. Approved Shop drawings and the reports and drawings of subsurface and
physical conditions are not Contract Documents. Only printed or hard copies of the items listed
in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics
and the like that may be furnished by Owner to Contractor are not Contract Documents.
Contract Item ( Pay Item). A specifically described unit of work for which a price is provided
in the Contract.
Contract Time. The number of working days allowed for completion of the Contract. If a fixed
date of completion is shown in the proposal, the Contract shall be completed by that calendar
date.
Contractor. The individual, partnership, corporation, or any combination thereof, or joint
venture contraction with the City for the prescribed work. (The terms “ Contractor” and “ Bidder”
are frequently used synonymously.)
Culvert. Any structure not classified as a bridge that provides an opening under the roadway.
Defective. An adjective which when modifying the word Work refers to Work that is
unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not
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City of Fayetteville
meet the requirements of any inspection, test or approval referred to in the Contract Documents,
or has been damaged prior to final payment.
Effective Date of Agreement. The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated it means the date on which the Agreement is signed and
delivered by the last of the two parties to sign and deliver.
Engineer. The Engineer of record, acting directly or through duly authorized representatives,
whose engineering seal appears on the plans and specifications.
Equipment. All machinery and equipment, together with the necessary supplies for upkeep and
maintenance, and tools and apparatus necessary for the proper construction and acceptable
completion of the work.
Extra Work. An item of work not provided for in the Contract as awarded but found essential to
the satisfactory completion of the Contract within its intended scope.
Extra Work Order. A change order concerning the performance of work or furnishing of
materials involving extra work. ( Such extra work may be performed at agreed prices or on a
force account basis as provided elsewhere in these specifications.)
Holidays. The City observes the following legal holidays: New Year’ s Day, Martin Luther King
Jr. Day, President’ s Day, Memorial Day, Independence Day, Labor Day, Veteran’ s Day,
Thanksgiving Day and the following day, Christmas Eve, December 24; and Christmas Day,
December 25. If a holiday falls on Saturday or Sunday, the observed day shall be the Friday
preceding the Saturday or the Monday following the Sunday.
Incidental item. Work shown on the plans but for which there is no bid item included. This
work shall not be paid for separately; rather the cost of the work is considered to be included in
the contract amount bid for the project.
Laboratory. The Quality Control Testing Laboratory of the City or any other testing laboratory
that may be designated by the City.
Materials. Any substances specified for use in the construction of the project and its
appurtenances.
Milestone. A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work for which liquidated
damages may or may not apply.
Notice of Award. The written notice by Owner to the apparent successful Bidder stating that
upon timely compliance by the apparent successful Bidder with the conditions listed therein,
Owner will sign and deliver the Agreement.
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Standard Street and Drainage Specifications
Notice to Contractors. The advertisement for proposals for all work or materials on which bids
are required indicating with reasonable accuracy the quantity and location of the work to be
done, or the character and quantity of the materials to be furnished; and the time and place of the
opening of proposals.
Notice to Proceed. A written notice given by Owner to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform his
obligation under the Contract Documents. Notice to Proceed is also referred to as Work Order.
Observer. See Construction Observer.
Owner. The City of Fayetteville, Arkansas, and/or the duly authorized agent of the City of
Fayetteville, Arkansas, with whom Contractor has entered in the Agreement and for whom the
Work is to be performed.
Pavement Structure. The combination of subbase, base course, and surface course placed on a
subgrade to support the traffic load and distribute it to the roadbed.
Payment Bond. The approved form of security, executed by the Contractor and his/ her Surety or
Sureties, guaranteeing the payment of all legal debts of the Contractor pertaining to the
construction of the project.
Performance Bond. The approved form of security, executed by the Contractor and his/ her
Surety or Sureties, guaranteeing complete performance of the Contract and all supplemental
agreements thereto.
Plans. The approved plans, profiles, typical cross-sections, working drawing, and supplemental
drawings, or exact reproductions thereof, which show the location, character, dimensions, and
details of the work to be done. ( The Title Sheet of the plans is provided for general information
only and is not to be taken as an all-inclusive description of the work. Other work and/or
locations may be included in the Project as described by the plans, specifications, supplemental
specifications, and special provisions.) The term Drawings and Plans are used interchangeably.
Profile Grade. Unless otherwise shown on the plans, the trace of a vertical plane intersecting the
top surface of the proposed wearing surface, usually along the longitudinal centerline of the
roadbed. ( Profile grade means either the elevation or gradient of such trace according to the
context.)
Project. The specific section of the highway together with all appurtenances and construction to
be performed thereon under the Contract.
Proposal. The offer of a bidder, on the prescribed form, to perform the work and to furnish the
labor and materials at the unit prices quoted.
Proposal Form. The approved form on which the City requires bids to be prepared and
submitted for the work.
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City of Fayetteville
Proposal Guaranty. The security furnished with a bid to guarantee that the bidder will enter into
the Contract if the bid is accepted.
Prospective Bidder. An individual, partnership, corporation, or joint venture who has requested
and been issued a proposal form from the City.
Qualified Products List. A list of products that are approved for use in Highway Contracts with
the Arkansas Department of Transportation. The QPL is maintained by ARDOT.
Registered Professional Engineer. An Engineer registered in the State of Arkansas by the
Arkansas State Board of Registration for Professional Engineers and Land Surveyors. All details,
drawings, calculations, and reports submitted by the registrant as required by these specifications
shall be certified, signed, and stamped with the seal or facsimile thereof as authorized by the
Board.
Registered Professional Land Surveyor. A Land Surveyor registered in the State of Arkansas
by the Arkansas State Board of Registration for Professional Engineers and Land Surveyors. All
details, drawings, calculations, and reports submitted by the registrant as required by these
specifications shall be certified, signed, and stamped with the seal or facsimile thereof as
authorized by the Board.
Registered Scale Mechanic. A person registered with the Arkansas Bureau of Standards,
Division of Weights and Measures, as being qualified by training and experience to make
adjustments and repairs to commercial scales and performs such work as a skilled trade.
Right-of-Way. A general term denoting land, property, or interest therein, acquired for or
devoted to highway purposes.
Road. A general term denoting a public way for purposes of vehicular travel, including the entire
area within the right-of-way.
Roadbed. The graded portion of a highway within top and side slopes, prepared as a foundation
for the pavement structure and shoulders.
Roadside. A general term denoting the area adjoining the outer edge of the roadway. (Extensive
areas between the roadways of a divided highway may also be considered roadside.)
Roadway. The portion of a highway within limits of construction, or as defined in other sections.
Shop Drawings. All drawings, diagrams, illustration, schedules and other data which are
specifically prepared by Contractor, Subcontractor, manufacturer, fabricator, supplier or
distributor to illustrate some portion of the Work.
Shoulder. The portion of the roadway contiguous with the traveled way for accommodation of
stopped vehicles for emergency use, and for lateral support of base and surface courses.
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Standard Street and Drainage Specifications
Sidewalk. That portion of the roadway constructed primarily for the use of pedestrians.
Sieve. U.S.A. Standard Series, as defined in AASHTO M 92. Percent passing or retained is by
weight.
Special Provisions. Additions and revisions to the standard and supplemental specifications
covering conditions peculiar to an individual project.
Specifications. A general term applied to all directions, provisions, and requirements pertaining
to performance of the work.
Standard Specifications. This printed book of Standard Specifications for Street and Drainage
Construction. Unless otherwise noted, the Edition in effect on the date of advertisement.
Station. A station when used as a definition or term of measurement will be 100 linear feet
measured horizontally.
Street. A general term denoting a public way for purposes of vehicular travel, including the
entire area within the right-of-way.
Structures. Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes,
endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and other features that
may be encountered in the work and not otherwise classed herein.
Subcontractor. An individual, firm, or corporation to whom the Contractor sublets part of the
work.
Subgrade. The top surface of a roadbed upon which the pavement structure and shoulders are
constructed.
Substantial Completion. A condition upon which the work has progressed to the point that it
can be utilized for the purposes intended; as evidenced by a Certificate issued by the Engineer
under the authority of the City. If no such certificate is issued, Substantial Completion shall be
when the work is complete and ready for final payment.
Substantial Completion Date. The time at which the Work has progressed to the point where,
in the opinion of the Owner, it is sufficiently complete, in accordance with the Contract
Documents, so that the Work ( or specified part) can to utilized for the purposes for which it was
intended without further disruption to the public or occupants of the facility.
Substructure. All of that part of the structure below the bearings of simple and continuous
spans, skewbacks of arches and tops of footings of rigid frames, together with the backwalls,
wingwalls, and wing protection railings.
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City of Fayetteville
Superintendent. The Contractor’ s authorized representative in responsible charge of the work,
present at the work site at all times during the progress to supervise and direct construction, to
receive and fulfill instructions from the Owner’ s representative, and to accept orders for changed
and extra work.
Superstructure. The entire structure except the substructure.
Supplemental Agreement. A written negotiated agreement constituting a modification of the
originally executed Contract and covering the performance of work beyond its general scope.
The items of work contained therein will be included in an approved Change Order.)
Supplemental Specifications. Revisions to the Standard Specifications that are adopted
subsequent to issuance of the printed book of Standard Specifications.
Surety. The company, other than the Contractor, executing a bond furnished by the Contractor.
Titles ( Or Headings). The titles or headings of the sections and subsections herein are intended
for convenience of reference and shall not be considered as having any bearing on their
interpretation.
Ton. 2000 pounds.
Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders
and auxiliary lanes.
Unit Price Work. Work to be paid for on the basis of unit prices.
Work. The furnishing of all materials, labor, equipment, tools, and incidentals necessary or
convenient to the successful completion of the project and the carrying out of the duties and
obligations imposed by the Contract.
Working Day. A calendar day during which normal construction operations could proceed;
normally excludes Saturdays, Sundays, and City recognized holidays.
Working Drawings. Stress sheets, shop drawings, erection plans, falsework plans, framework
plans, cofferdam plans, or any other supplementary plans or similar data that the Contractor is
required to submit to the Engineer for informational and record purposes or for approval.
Work Order. Written notice from the Engineer directing the Contractor to begin prosecution of
the work.
101.02 Specification Language. To avoid cumbersome and confusing repetition of
expressions in these specifications, it is provided that whenever anything is, or is to be, done, if,
as, when, or where “ contemplated, required, determined, directed, specified, authorized, ordered,
given, designated, indicated, considered necessary, deemed necessary, permitted, reserved,
suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable,
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Standard Street and Drainage Specifications
accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned,” it shall be
understood as if the expression were followed by the words “ by the Engineer/City Engineer” or
to the Engineer/ City Engineer”.
Section 102. ARDOT Standard Specifications by Reference ( Current
Edition)
102.01 ARDOT Standard Specifications. The standard specifications of the Arkansas
Department of Transportation ( ARDOT) are bound in a book titled Standard Specifications for
Highway Construction. These specifications are referred to herein as “ Standard Specifications”
or “ ARDOT Specifications”. The latest edition, as well as all Supplemental Specifications, shall
apply. A copy of these Standard Specifications can be obtained from the Arkansas Department of
Transportation, Little Rock, Arkansas, at their customary charge.
102.02 Purpose. The Standard Specifications, including Supplemental Specifications, shall be
used for description, quality control and acceptance testing, material specifications, construction
methods, method of measurement, and basis of payment unless otherwise stated in these City of
Fayetteville Standard Specifications for Street and Drainage Construction.
102.03 Modifications. Reference in the ARDOT Standard Specifications to the “ Department”
are herein changed to the “ Owner”.
Section 103. Insurance and Bonding
103.01 Requirements of Bonds and Insurance.
a) Bonds. At the time of execution of the Contract, the successful Bidder shall furnish
performance and payment bonds, each in the amount at least equal to the Contract Price, as
security for the faithful performance and payment of all Contractors obligations under the
contract documents.
b) Liability Insurance. The Contractor shall procure and maintain its own General Public
Liability Insurance in accordance with Subsection 105. 02.
103.02 Method of Measurement. Insurance and Bonding will be measured as a complete
unit.
103.03 Basis of Payment. Insurance and Bonds completed and accepted as provided above
will be paid for at the contract lump sum price bid for Insurance and Bonding, which price shall
be full compensation for furnishing all necessary insurance and bonds required by the contract
documents.
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City of Fayetteville
Payment will be made under:
Pay Item Pay Unit
Insurance and Bonding LS
Section 104. Scope of Work
104.01 Intent of Contract. The intent of the Contract is to provide for the construction and
completion in every detail of the work described. The Contractor shall furnish all labor,
materials, equipment, tools, transportation, and supplies required to complete the work according
to the plans, specifications, and terms of the Contract.
104.02 Alteration of Plans or Character of Work.
a) General. The City shall have the right to increase or decrease the extent of the work or to
change the location, gradient, or the dimensions of any part of the work, provided that the length
of the improvement is not increased or decreased in excess of 25% of the contract length, or that
the quantities of work to be done or the materials to be furnished are not increased or decreased
in money value in excess of 25% of the total Contract. Such changes shall not be considered as a
waiver of any conditions of the Contract nor invalidate any of the provisions thereof. The
Contractor shall perform the work as increased or decreased within the qualifying limits named
and no allowance will be made for anticipated profits on increases or decreases so incurred.
If changes in the work require an adjustment in unit prices already established, or if additional
work for which unit prices have not already been established by the contract is necessary, the
contract price shall be adjusted according to the General Conditions of the Contract and this
Section. If additional work is performed before an adjustment is made in the contract, the
additional work will be paid for at unit prices already established for similar work, if such
additional work is deemed necessary by the Engineer/ City Engineer. If the Contractor performs
additional work without authorization from the City and without an agreed Contract adjustment
for such work, no payment for such additional work will be made.
b) Significant Changes in the Character of Work. The City reserves the right to make, in
writing, at any time during the work, such changes in quantities and such alterations in the work
as are necessary to satisfactorily complete the project. Such changes in quantities and alterations
shall not invalidate the Contract nor release the Surety, and the Contractor agrees to perform the
work as altered.
If the alterations or changes in quantities significantly change the character of the work under the
Contract, whether or not changed by any such different quantities or alterations, an adjustment,
excluding loss of anticipated profits, will be agreed upon prior to the performance of the work. If
a basis cannot be agreed upon, then an adjustment will be made either for or against the
Contractor in such amount as the Engineer/ City Engineer may determine to be fair and equitable.
If the alterations or changes in quantities do not significantly change the character of the work to
be performed under the Contract, the altered work will be paid for as provided elsewhere in the
Contract.
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Standard Street and Drainage Specifications
The term " significant change" shall be construed to apply only to the following circumstances:
1) When the character of the work as altered differs materially in kind or nature from that
involved or included in the original proposed construction, or
2) When a major item of work is increased in excess of 125 percent or decreased below 75
percent of the original contract quantity. Any adjustment due to an increase in quantity
shall apply only to that portion in excess of 125 percent of original contract item quantity,
or in case of a decrease below 75 percent, to the actual amount of work performed. A
major item of work is defined as any bid item for which the original contract value is
more than 10 percent of the total original contract value.
104.03 If and Where Directed Items. The plans and the proposal may specify one or more
items to be incorporated into the project " if and where directed" by the Engineer/ City Engineer.
The Engineer/City Engineer shall have discretion in determining whether and to what extent
such items will be incorporated into the project. The Engineer/ City Engineer may order
incorporation of such items at any location within the project and at any time during the work.
These items may or may not be located on the plans. The estimated quantities set out in the
proposal for such items are presented solely for the purpose of obtaining a representative bid
price. The actual quantities employed may be only a fraction of, or many times the estimated
quantities. The Contractor shall make no claim for additional compensation because of any
increase, decrease, or elimination of such items.
Section 105. Control of Work
105.01 Authority and Direction.
a) Direction and Control by the Contractor.
1) General. The detailed manner and method of performing the work shall be under the direction
and control of, and by, the Contractor, but all work performed shall at all times be subject to the
observation of the Engineer/ City Engineer or his authorized representative to ascertain its
conformance with the Contract Documents. The Contractor shall furnish all reasonable aid and
assistance required by the Engineer for the proper observation and examination of the work and all
parts thereof.
The Engineer and Owner are not responsible for the Contractor's means, methods, techniques,
sequences, or procedures of construction, or safety precautions and programs incident thereto.
The Contractor shall be responsible for the proper fitting of all work and for the coordination of the
operations of all trades, Subcontractors, or materialmen engaged upon this Contract. He shall be
prepared to guarantee to each of his Subcontractors the locations and measurements which they may
require for the fitting of their work to all surrounding work.
Observers may be appointed by the Engineer or Owner. Observers shall have no authority to permit
any deviation from the Plans and Specifications except on written order from the Engineer/ City
Engineer and the Contractor will be liable for any deviation except on such written order. Observers
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City of Fayetteville
shall have authority, subject to the final decision of the Engineer/ City Engineer, to condemn and
reject any defective work and to suspend the work when it is not being performed properly.
The observer shall in no case act as superintendent or foreman or perform other duties for the
Contractor, nor interfere with the management of the work by the latter. Any advice which the
observer may give the Contractor shall in no way be construed as binding to the Engineer/City
Engineer or Owner in any way or releasing the Contractor from fulfilling all of the terms of the
Contract.
Any defective work may be rejected by the Engineer/City Engineer at any time before final
acceptance of the work, even though the same may have been previously overlooked and estimated
for payment and payment therefore made by the Owner.
2) Accident Prevention. The Contractor shall exercise proper precaution at all times for the
protection of persons and property and shall be responsible for all damages to persons or property,
either on or off the site, which occur as a result of his prosecution of the work. The safety provisions
of applicable laws and building and construction codes, including applicable parts of the Arkansas
Department of Labor Safety Code, shall be observed. The Contractor shall take or cause to be taken
such safety and health measures, additional to those herein required, as he may deem necessary or
desirable. Machinery, equipment, and all hazards shall be guarded in accordance with the safety
provisions of the " Manual of Accident Prevention in Construction" published by the Associated
General Contractors of America, Inc., to the extent that such provisions are not in conflict with
applicable local laws.
The Contractor shall maintain an accurate record of all cases of death, occupational disease, and
injury requiring medical attention or causing loss of time from work, arising out of and in the course
of employment on work under the Contract. The Contractor shall promptly furnish the Owner with
reports concerning these matters.
The Contractor shall indemnify and save harmless the Owner, and the Engineer, from any claims
for damages resulting from personal injury and/ or death suffered or alleged to have been suffered by
any person as a result of any work conducted under this Contract.
b) Authority of the Engineer. As the direct representative of the Owner, the Engineer has
immediate charge of the engineering details of each construction project; is responsible for the
general administration of the Project; and has the authority to reject unacceptable material or
work and to suspend any work that is being improperly performed.
The Owner, with input from the Engineer, will decide all questions that may arise as to the
quality and acceptability of materials furnished and work performed and as to the rate of
progress of the work; all questions that may arise as to the interpretation of the plans and
specifications; and all questions as to the acceptable fulfillment of the Contract by the
Contractor.
The Engineer, with concurrence by Owner, will have the authority to suspend the work wholly or
in part due to the failure of the Contractor to correct conditions unsafe for the workers or the
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Standard Street and Drainage Specifications
general public; for failure to carry out provisions of the Contract; for failure to carry out orders;
for such periods as deemed necessary due to unsuitable weather; for conditions considered
unsuitable for the prosecution of the Work; or for any other condition or reason deemed to be in
the public interest.
Any unresolved disputes arising under the Contract shall be submitted by the Contractor in
writing to the Engineer. Disputes claiming additional compensation shall contain the information
set forth in Subsection 109.10 “ Claims for Adjustment and Disputes.” The Engineer shall render
a written decision within 60 calendar days of receipt of the Contractor’ s letter and information.
Should a dispute not be resolved by the written decision of the Engineer, subsequent appeal by
the Contractor shall be submitted in writing within 60 calendar days of the decision of the
Engineer, and shall be addressed directly to the Owner.
105.02 Plans and Submittals.
a) Plans. Plans will show lines, grades, details of all structures, typical cross sections, and a
summary of items appearing on the proposal. Work may be provided for on the Plans that is not
located within the limits of the project as shown on the plan sheets. Work of this nature may
include but is not limited to removal of existing items, obliteration, grading, base and surfacing,
transitions, etc., and is considered a part of the project. The Plans will be supplemented by such
working drawings or sketches issued by the Engineer as are necessary to adequately control the
Work.
b) Submittals. Shop drawings, mix designs, vendor data, testing reports, certifications,
calculations and working drawings for structures shall be furnished by the Contractor as required
herewith. They shall consist of such data and detailed plans as may be required to adequately
control the work and are not included on the plans furnished by the Owner. They shall include
stress sheets, shop drawings, erection plans, falsework plans, cofferdam plans, or any other
supplementary plans or similar data required of the Contractor.
Where calculations, plans or design are a requirement of any submittal, such shall be prepared
and sealed by a Professional Engineer competent in the applicable field of practice and Licensed
in the State of Arkansas.
All submittals shall be submitted to the Engineer for informational and record purposes or for
approval as specified for the item of work involved. Contractor shall, in writing, call Engineer’ s
attention to any deviation that the Submittal may have from the requirements of the Contract
Documents. The Contractor should anticipate a review period of 15 - 30 calendar days from
receipt by the Engineer of submittals. The review of submittals by the Engineer will be limited to
checking for general agreement with the plans and specifications, and shall in no way relieve the
Contractor of responsibility for errors and omissions contained therein, nor shall such review or
approval operate to waive or modify any provisions contained in the Specifications or Drawings.
It is mutually agreed that the Contractor shall be responsible for agreement of dimensions and
details as well as conformity of its submittal with the Contract plans and specifications.
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City of Fayetteville
1) Where a Shop Drawing or sample is required by the Specifications, no related work shall
commence until the submittal has been reviewed and approved by Engineer.
Any Shop Drawings submitted without the Contractor's stamp of approval will not be considered
and will be returned to him for proper resubmission. If any Drawings show variations from the
requirements of the Contract because of standard shop practice or other reason, the Contractor shall
make specific mention of such variation in his letter of transmittal in order that, if acceptable,
suitable action may be taken for proper adjustment of Contract price and/or time; otherwise, the
Contractor will not be relieved of the responsibility for executing the work in accordance with the
Contract even though the Drawings have been reviewed.
The review of Shop Drawings by the Engineer shall be considered an accommodation to the
Contractor to assist him in the execution of the Contract. The Engineer' s review of such Drawings
shall not relieve the Contractor of his responsibility to perform the work in strict accordance with
the Plans and Specifications, and approved changes.
If the Shop Drawing is in accordance with the Contract or involves only a minor adjustment in the
interest of the Owner not involving a change in Contract price or time, the Engineer shall so stamp
the Drawing and shall contain in substance the following:
Corrections or comments made on the shop drawings during this review do not relieve
Contractor from compliance with requirements of the drawings and specifications. This
check is only for review of general conformance with the design concept of the project and
general compliance with the information given in the contract documents. The Contractor is
responsible for: confirming and correlating all quantities and dimensions; selecting
fabrication processes and techniques of construction; coordinating his work with that of all
other trades; and performing his work in a safe and satisfactory manner."
2) The Contractor shall submit all material, product, or equipment samples, descriptions,
certificates, affidavits, etc., as called for in the Contract Documents or required by the Engineer,
promptly after award of the Contract and acceptance of the Contractor' s bond. No such material or
equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until
the required samples or certificates have been approved in writing by the Engineer. Any delay in the
work caused by late or improper submission of samples or certificates for approval shall not be
considered just cause for an extension of the Contract time. Submit four ( 4) copies of data for
Engineer's review.
Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the
project for which it is intended, and the name of the producer. The accompanying certificate or letter
from the Contractor shall state that the sample complies with Contract requirements, shall give the
name and brand of the product, its place of origin, the name and address of the producer, and all
specifications or other detailed information which will assist the Engineer in passing upon the
acceptability of the sample promptly. It shall also include the statement that all materials or
equipment furnished for use in the project will comply with the samples and/or certified statements.
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Standard Street and Drainage Specifications
Approval of any materials shall be general only and shall not constitute a waiver of the Owner' s
right to demand full compliance with Contract requirements. After actual deliveries, the Engineer
will have such check tests made as he deems necessary in each instance and may reject materials
and equipment and accessories for cause, even though such materials and articles have been given
general approval. If materials, equipment or accessories which fail to meet check tests have been
incorporated in the work, the Engineer will have the right to cause their removal and replacement by
proper materials or to demand and secure such reparation by the Contractor as is equitable, at the
Contractor's expense.
Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be
divided as follows:
1) The Contractor shall furnish without extra cost, including packing and delivery charges, all
samples required for testing purposes, except those samples taken on the project by the
Engineer;
2) The Contractor shall assume all costs of re-testing materials which fail to meet Contract
requirements;
3) The Contractor shall assume all costs of testing materials offered in substitution for those
found deficient.
The contract price will include the cost of furnishing all required working drawings, record
drawings and other submittals.
105.03 Conformity with Plans and Specifications. All work performed and all materials
furnished shall be in reasonably close conformity with the lines, grades, cross sections,
dimensions, and material requirements, including tolerances, shown on the plans or indicated in
the specifications.
Unless otherwise specified, in the event the materials or the finished product in which the
materials are used is not within reasonably close conformity with the plans and specifications but
reasonably acceptable work has been produced, the Engineer/ City Engineer shall determine if the
work shall be accepted and remain in place. If the work is accepted, the Engineer/City Engineer
will document the basis of acceptance by Contract modification that will provide for an
appropriate adjustment in the contract cost for such work or materials.
In the event the materials or the finished product in which the materials are used or the work
performed is found not to be in reasonably close conformity with the plans and specifications
and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed
and replaced or otherwise corrected at no cost to the City.
105.04 Coordination of Plans, Specifications, and Special Conditions. These
Specifications including General Provisions and Technical Specifications, the Plans,
Supplementary Conditions, Special Provisions and all other supplementary documents are
essential parts of the Contract, and a requirement occurring in one is as binding as though
occurring in all. They are intended to be complementary and to describe and provide for a
complete work.
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City of Fayetteville
The Contractor shall be responsible for the proper fitting of all work and for the coordination of the
operations of all trades, Subcontractors, or materialmen engaged upon this Contract. He shall be
prepared to guarantee to each of his Subcontractors the locations and measurements which they may
require for the fitting of their work to all surrounding work.
In addition, the Specifications include references to the Arkansas Department of Transportation’ s
Standard Specifications for Highway Construction Edition of 1996, 2003, and 2014 ( ARDOT
Standard Specifications). The portions of the ARDOT Standard Specifications, which are
referenced in these specifications, are hereby incorporated by reference.
All work shall conform to applicable sections of the City of Fayetteville Code of Ordinances and
to the City of Fayetteville Minimum Street Standards. In case of discrepancy, the most stringent
requirements will apply. The City of Fayetteville Code of Ordinances and Minimum Street
Standards are hereby incorporated by reference.
The Contractor shall not take advantage of any apparent error or omission on the plans or in the
Contract Documents. The party discovering such error or omission shall notify the other party
when the discovery is made. The Engineer will then make such corrections and interpretations as
may be deemed necessary for fulfilling the intent of the plans and specifications.
105.05 Cooperation by Contractor. The Contractor will be supplied with a minimum of two
sets of approved plans and Contracts, one set of which shall be kept available on the project at all
times.
The Contractor shall give the work the attention necessary to facilitate the progress thereof and
shall cooperate fully with the Engineer/ City Engineer, inspectors, and other Contractors.
The Contractor shall have on the project at all times an agent who is a competent superintendent
capable of reading and thoroughly understanding the plans and specifications and thoroughly
experienced in the type of work being performed. The Superintendent shall be satisfactory to the
Owner and the Engineer, on the project at all times during working hours with full authority to
supervise and direct the work and who shall be the Contractor' s agent responsible for the faithful
discharge of the Contractor's obligations under the Contract. During working hours, the Contractor’ s
superintendent shall be equipped with a mobile phone or other communication device suitable to the
Engineer for contact by the Engineer or Owner. The superintendent shall receive instructions from
the Engineer/ City Engineer and shall have full authority to execute orders or directions of the
Engineer/City Engineer without delay and to promptly supply such materials, labor, equipment,
tools, and incidentals as may be required. Such superintendent shall be furnished regardless of
the amount of work sublet.
The Owner shall have the authority to require the Contractor to remove from the work any
incompetent or insubordinate superintendent.
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Standard Street and Drainage Specifications
105.06 Coordination and Cooperation Between Contractors. The Owner reserves the
right at any time to contract for and perform other or additional work on or near the work
covered by the Contract.
When separate contracts are let adjacent to or within the limits of any one project, the work of
each Contractor shall be conducted so as not to interfere with or hinder the progress or
completion of the work being performed by other Contractors. Contractors working on the same
project shall cooperate with each other.
It is understood and agreed that the Contractor considered in the bid the status of the existing
Contract or Contracts at the time of bidding and will arrange to coordinate and schedule the work
jointly with the other affected Contractors in order to complete the work within the time allowed
in the Contract.
If, through acts of neglect or through failure to comply with any applicable Government regulations
by the Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the
work, the Contractor shall settle with such other Contractor or Subcontractor by agreement or
arbitration, if such other Contractor or Subcontractor will so settle. If such other Contractor or
Subcontractor shall assert any claim against the Owner on account of any damage alleged to have
been so sustained, the Owner will notify this Contractor, who shall defend at his own expense any
suit based upon such claim, and, if any judgment or claims against the Owner shall be allowed, the
Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection
therewith.
Contractors involved shall assume all liability, financial or otherwise, in connection with their
own Contracts and shall protect and save harmless the City of Fayetteville from any and all
damages or claims that may arise because of inconvenience, delay, or loss experienced because
of the presence and operations of other Contractors working within the limits of the same project.
Contractors shall arrange their work and shall place and dispose of the materials being used so as
not to interfere with the operations of the other Contractors within the limits of the same project,
and shall join their work with that of the others in an acceptable manner, and shall perform it in
proper sequence with that of the others.
105.07 Cooperation with Utilities. The Plans indicate various utility items, some of which
are to be relocated or adjusted by the utility owner, and others that are to be relocated or adjusted
by the Contractor. The City will notify all known utility companies, all known pipeline owners,
or other known parties affected, and endeavor to have all necessary adjustments of the public or
private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of
construction made before construction begins.
Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas
valve boxes, light standards, cableways, signals, and all other utility appurtenances within the
limits of the proposed construction that are to be relocated or adjusted are to be moved by the
owners of such facilities except as otherwise provided for in the Contract or as noted on the
plans.
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City of Fayetteville
The Contractor shall consider in the bid all of the permanent and temporary utility facilities and
appurtenances in their present, relocated, or proposed positions. No additional monetary
compensation will be allowed for any delays, inconveniences, or damages sustained due to any
interference from the utilities or appurtenances or from the operations of relocating them.
It is the Contractor’ s responsibility to have all utility lines located before construction begins.
Any costs incurred due to damaged utility lines shall be borne by the Contractor with no
exceptions.
All work in this contract shall be in accordance with the Arkansas Underground Facilities
Damage Prevention Act. The Contractor shall abide by the most current edition of this Act.
105.08 Inspection and Observation of Work. All materials and each part or detail of the
Work shall be subject to inspection by the Owner. All materials and each part or detail of the
Work shall be subject to observation by the Engineer. The Engineer and Owner and their
designated representatives shall be provided acceptable access to all parts of the Work and shall
be furnished with such information and assistance by the Contractor as is necessary to for the
Engineer’ s observation and/or the Owner’ s observation and inspection. Neither observations by
Engineer/ City Engineer nor inspection, tests or approvals by others shall relieve Contractor from
his obligation to perform the work in accordance with the Contract Documents.
The Contractor shall notify the Engineer sufficiently in advance of backfilling or concealing any
facilities to permit proper observation. If the facilities are concealed without approval or consent of
the Engineer, the Contractor shall uncover for observation and recover such facilities all at his own
expense, when so requested by the Engineer.
Observation of materials and appurtenances to be incorporated in the Improvements embraced in
this Contract may be made at the place of production, manufacture or shipment, whenever the
quantity justifies it, and such observation and acceptance, unless otherwise stated in the Technical
Specifications, shall be final, except as regards ( 1) latent defects, ( 2) departures from specific
requirements of the Contract, ( 3) damage or loss in transit, or ( 4) fraud or such gross mistakes as
amount to fraud. Subject to the requirements contained in the preceding sentence, the observation of
materials as a whole or in part will be made at the project site.
All condemned or rejected work shall be promptly taken out and replaced by satisfactory work.
Should the Contractor fail or refuse to comply with the instructions in this respect, the Owner may,
upon certification by the Engineer, withhold payment, proceed to terminate the Contract, or perform
work as provided herein.
When requested by the Engineer/City Engineer at any time before acceptance of the Work, the
Contractor shall remove or uncover such portions of the finished work as may be directed. After
examination, the Contractor shall restore said portions of the work to the standard required by the
specifications.
Should the work thus exposed or examined prove acceptable, the uncovering or removing and
the replacing of the covering or making good of the parts removed will be paid for as extra work.
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Standard Street and Drainage Specifications
Should the work so exposed or examined prove unacceptable, the uncovering or removing and
the replacing of the covering or making good of the parts removed shall be at the Contractor’ s
expense.
Any work performed or materials used without inspection by the Engineer/ City Engineer may be
ordered exposed, and/or removed and replaced, at no cost to the Owner unless the Engineer/City
Engineer or inspector failed to inspect after having been given reasonable notice that the work
was to be performed.
When any unit of government, political subdivision, railroad corporation, or other agency is to
pay a portion of the cost of the Work covered by the Contract, its respective representatives shall
have the right to inspect the Work. Such inspection shall in no sense make any unit of
government, political subdivision, railroad corporation, or other agency a party to the Contract,
and shall in no way interfere with the rights of either party thereunder.
105.09 Removal of Unacceptable or Unauthorized Work. All work that does not comply
with the requirements of the Contract will be considered unacceptable. Unacceptable work,
whether the result of poor workmanship, use of unacceptable materials, damage through
carelessness, negligence, or any other cause, found to exist before the final acceptance of the
Work, or during the warranty period specified in Subsection 109.18 “ Warranty and Guarantee”,
shall be removed and replaced in an acceptable manner at no cost to the Owner. Work performed
contrary to any instructions of the Engineer/City Engineer; work performed beyond the lines
shown on the plans or as established, except as herein specified; or any extra work performed
without authority will be considered as unauthorized and will not be paid for under the
provisions of the Contract. Work so performed may be ordered removed or replaced at no cost to
the Owner.
Should the Contractor fail to comply with any order of the Engineer/City Engineer, the
Engineer/ City Engineer will have the authority to cause unauthorized work to be removed and
unacceptable work to be corrected or removed and replaced and to deduct the costs from any
moneys due or to become due the Contractor.
105.10 Authorized Changes. All changes to the Plans performed in the field shall be
reviewed, approved and authorized by the Owner prior to proceeding with the work. Any
changes to the Plans without authorization may result in removal of such item at the Contractor’ s
expense and/ or nonpayment for the work, at the discretion of the Owner.
Verbal authorized changes to the Plans in the field will not be considered for additional
quantities or compensation, unless they are followed by written documentation within 24 hours.
Any authorized changes to the Plans which are approved by the Owner for additional
compensation shall be in written form indicating all items of work involved and the cost for each
item, and will be submitted to the Owner prior to proceeding with the work involved.
105.11 Substitution of Materials and Equipment. If the Contractor desires to use a
material, method or type of equipment other than those specified in the Contract, authority from
the Engineer/ City Engineer to do so must be requested. The request shall be in writing and shall
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City of Fayetteville
include a full description of the materials, methods and equipment proposed to be used and an
explanation of the reasons for desiring to make the change.
Prior to proposing any substitute material, method or type of equipment, the Contractor shall
satisfy itself that the material, method or type of equipment proposed is, in fact, equal to that
specified, that such material or type of equipment will fit into the space allocated, that such
material or type of equipment affords comparable ease of operations, maintenance and service,
that the appearance, longevity and that by reason of cost savings, reduced construction time, or
similar demonstrable benefit, the substitution material, method or type of equipment will be in
Owner’ s interest.
The burden of proof of equality of a proposed substitution for a specified material, method or
type of equipment shall be upon the Contractor. Contractor shall support its request in writing
with sufficient test data and other means to permit the Owner to make a fair and equitable
decision on the merits of the proposal. Contractor shall submit drawings, samples, data and
certificates for proposed substitute materials. Any material or type of equipment by a
manufacturer other than those specified or brand name or model number or of generic species
other than those specified will be considered a substitution. The Owner will be the sole judge of
whether or not the substitution is equal in quality, utility and economy to that specified.
Approval of a substitution shall not relieve the Contractor from responsibility for compliance
with all requirements of the Contract. Contractor shall bear the expense for any changes in the
parts of the Work caused by any substitutions.
Substitutions will not be permitted in those instances where the product is intended to
accommodate artistic design, specific function or economy of maintenance.
No change will be made in basis of payment for the construction items involved nor in contract
time as a result of an authorized change in methods or equipment under these provisions.
105.12 Construction Layout. The Engineer/City Engineer will establish a limited number of
control points and associated benchmarks for the contractor’ s use in establishing lines, grades,
profiles, structures, and other associated items of work. In general, the control points will be
located approximately 500 feet apart along the project. All other construction staking will be the
responsibility of the Contractor. The Contractor shall provide a sufficient workforce skilled in
construction layout to establish all lines, slopes, profiles, and structure locations necessary to
construct the project according to the plans.
When Section 111, “ Roadway Construction Control” is included in the proposal then the
Contractor shall comply with the requirements and provisions of such.
105.13 Maintenance During Construction. The Contractor shall maintain the work during
construction and until the project is accepted. This maintenance shall constitute continuous and
effective work prosecuted day by day, with adequate equipment and forces, to the end that the
roadway or structures are kept in satisfactory condition at all times.
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Standard Street and Drainage Specifications
The Contractor shall be responsible for the maintenance of existing drainage ditches and
channels within the right-of-way limits, including construction easements if any, from the date
all work is begun on the project to the date of its final acceptance. This is not a requirement that
the Contractor improve existing drainage ditches and channels, except as shown on the plans or
directed by the Engineer/ City Engineer. The Contractor shall maintain waterways in such
condition that damage to the work or to abutting property will not result from the Contractor’ s
operations. Obstruction of natural flow in waterways by stockpiling or storing materials, or by
placement of equipment or supplies without provision for adequate bypassing of such natural
flow, will not be permitted. Collections of sediment or debris that prohibits or inhibits normal
function of drainage facilities shall be removed promptly.
All costs of maintenance work during construction and before the project is accepted will not be
paid for separately, but full compensation therefore will be considered included in the contract
unit prices bid for the various items in the Contract.
If the Contractor, at any time, fails to comply with the provisions of this subsection, the City will
immediately notify the Contractor of such noncompliance. If the Contractor fails to remedy
unsatisfactory maintenance within 24 hours after receipt of such notice, the City may
immediately proceed to maintain the project and the entire cost of this maintenance will be
deducted from moneys due or to become due the Contractor on the Contract.
All roadway cuts shall be temporarily or permanently repaired in accordance with Section 405,
Asphalt Concrete Patching for Maintenance of Traffic” within 24 hours of the completion of
trench backfill for the work, or segment of work, which required the excavation and/or cut.
Section 106. Control of Material
106.01 Quality Requirements. The materials used in the work shall meet all quality
requirements of the Contract. Quality control, to ensure that materials and workmanship, prior to
and after, being incorporated into the work meets the requirements of the Contract, is the sole
responsibility of the Contractor. Testing required for Contractor’ s quality control, certificates of
compliance, mix designs and manufacturing of materials, and as needed for Contractor’ s
operations shall be provided by the Contractor and the costs therefore will not be paid separately
but full compensation will be considered included in the contract unit prices bid for associated
items.
All Quality Assurance testing, to ensure that the materials and workmanship as a final product
meets the requirements of the Contract, will be accomplished and paid for by the Owner. The
costs for any retesting required in areas failing to meet the specified requirements shall be paid
for by the Contractor.
The materials furnished and used shall be new, except as may be provided elsewhere in these
specifications, on the plans or in the Special Conditions. The materials shall be manufactured,
handled, and used in a workmanlike manner to ensure completed work in accordance with the
plans and specifications.
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City of Fayetteville
106.02 Sources of Supply. To expedite the inspection and testing of materials, the
Contractor shall notify the Engineer/City Engineer of proposed sources of materials before
delivery. The Contractor shall furnish without charge such samples as may be required.
Inspection and tests may be performed by the Engineer or Owner’ s designated testing firm, but it
is understood that such inspections and tests, if made at any point other than the point of
incorporation in the work, in no way shall be considered as a guarantee of acceptance of such
materials nor of continued acceptance of material presumed to be similar to that upon which
inspections and tests have been made.
The Contractor shall assume full responsibility for ordering materials of the quality and quantity
required and for the delivered costs of such materials. Materials needed in the work shall be
furnished by the Contractor unless otherwise stated in the Contract.
106.03 Samples, Tests, and Cited Specifications. All materials will be inspected and
tested by the supplier or Contractor as required by these specifications before incorporation in
the Work. Work in which untested materials are used without the approval or written permission
of the Engineer/City Engineer shall be treated as provided in Subsection 105.09 “ Removal of
Unacceptable or Unauthorized Work.”
Whenever a reference is made in the specifications to a Federal Specification, or to a
specification or test designation of the American Association of State Highway and
Transportation Officials, the American Society for Testing and Materials, American Water
Works Association, or any other recognized national organization, it shall mean the year of
adoption or latest revision of the specification or test designation in effect on the day the
advertisement for bids is dated. When a specific reference is made to a dated specification or test
designation, the revision in effect on that date shall apply.
When requested, the Contractor shall furnish a complete certified statement of the origin,
composition, and/or manufacture of materials that are to be used in the Work.
106.04 Certification of Compliance. The Engineer/ City Engineer may permit use of certain
materials or assemblies prior to sampling and testing if accompanied by a Certificates of
Compliance stating that such materials or assemblies fully comply with the requirements of the
Contract. The certificate shall be signed by the manufacturer. Each lot of such materials or
assemblies delivered to the Project must be accompanied by a Certificate of Compliance and
clearly identified.
Materials or assemblies used on the basis of Certificates of Compliance may be sampled and
tested and if found not in conformity with Contract requirement will be subject to rejection
whether in place or not.
The form and distribution of Certificates of Compliance shall be as approved by the
Engineer/City Engineer.
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Standard Street and Drainage Specifications
106.05 Plant Inspection. The Engineer/City Engineer may undertake the observation of
materials at the source. In the event plant observation is undertaken the following conditions
shall be met:
1) The Engineer/ City Engineer shall have the cooperation and assistance of the Contractor
and of the producers of materials for the Work.
2) The Engineer/ City Engineer shall have full entry at all times to such parts of the plant as
may concern the manufacture or production of the materials being furnished.
Adequate safety measures shall be provided and maintained.
It is understood that the Engineer/City Engineer reserves the right to retest all materials prior to
incorporation into the Work which have been tested and accepted at the source of supply after
the sample have been delivered and to reject all materials which, when retested, do not meet the
requirements of these specifications or contract documents.
106.06 Storage of Materials. Materials shall be so stored as to assure the preservation of
their quality and fitness for the work and in accordance with requirements of the Specifications;
or if not covered in the Specifications, in accordance with the manufacturer’ s recommendations.
Stored materials, even though approved before storage, may again be inspected before their use
in the work. Stored materials shall be located so as to facilitate their prompt inspection. Portions
of the right-of-way not required for public travel may be used for storage purposes and for the
placing of the Contractor's plant and equipment, if approved by the Engineer, but any additional
space required therefore must be provided by the Contractor, and at no cost to the Owner. Private
property shall not be used for storage purposes without written permission of the owner or lessee,
and if requested by the Engineer, copies of such written permission shall be furnished. All
storage sites shall be restored to their original condition by Contractor at his expense.
Construction materials may not be stored in the roadway for more than five ( 5) days after
unloading.
106.07 Handling Materials. All materials shall be handled in such manner as to preserve their
quality and fitness for the work. Aggregates shall be transported from the storage site to the
Work in tightly covered vehicles so constructed as to prevent loss or segregation of materials
after loading and measuring so that there may be no inconsistencies in the quantities of materials
intended for incorporation in the Work as loaded and the quantities as actually received at the
place of operations.
106.08 Unacceptable Material. All materials not conforming to the requirements of the
specifications at the time they are used shall be considered as unacceptable and all such materials
will be rejected and shall be removed immediately from the site of the work unless otherwise
instructed by the Engineer/City Engineer. No rejected material, the defects of which have been
corrected, shall be used until approval has been given.
106.09 Owner-Furnished Material. The Contractor shall furnish all materials required to
complete the Work, except those specified to be furnished by the Owner. Material furnished by
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City of Fayetteville
the Owner will be delivered or made available to the Contractor at the points specified in the
Special Provisions.
The cost of handling and placing all materials after they are delivered to the Contractor will not
be paid for separately, but full compensation therefore will be considered included in the contract
unit price(s) bid for the item(s) with which they are used.
The Contractor will be held responsible for all material delivered by the Owner through this
arrangement. Deductions will be made from any moneys due the Contractor to make good any
shortages and deficiencies, from any cause whatsoever; for any damage that may occur after
such delivery; and for any demurrage charges.
106.10 Salvaged Materials. All salvaged materials in reusable condition, including pavement
millings, water and drainage pipe, valves, fittings and other items, remain the property of the
City of Fayetteville. Contractor shall deliver items to location directed by Engineer/ City
Engineer or designated in specifications. Items not considered of value shall be disposed of by
the Contractor at his expense.
106.11 Automatically Controlled Equipment. Whenever a breakdown or malfunction of
the automatic controls occurs on scales, scale printers, batch plants, or mixing plants, the
equipment may be operated manually or by other methods for a period not to exceed two
working days, provided that such alternate methods of operation produce results otherwise
meeting the Specifications.
Section 107. Quality Control Requirements
107.01 Description. This section shall set forth the requirements for Quality Control,
including material testing and submittal requirements.
107.02 Submittal Requirements. Submittals shall comply with subsection 105.02, “ Plans
and Submittals” and the following:
All submittals required by the contract shall be submitted and approved before associated work is
begun. Sufficient copies shall be submitted for the Engineer to retain two copies, the City to
receive two copies and the Contractor to receive a minimum of one approved copy.
The following submittals are required:
1) Project Schedule
2) Concrete Mix Design(s)
3) Asphalt Mix Design( s)
4) Concrete Pipe Certifications
5) Precast Box Culvert Shop Drawings and Hydraulic Design
6) Listings of Project Personnel and Contact Phone Numbers
7) Traffic Control Plan
8) Striping Material
9) Reinforcing Steel Fabrication Drawings
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Standard Street and Drainage Specifications
10) Signal Equipment
11) Other Submittals as requested by the Engineer/City Engineer
The Engineer/City Engineer will review all submittals promptly and notify the contractor of their
approval or denial. The contractor shall have approved submittals before beginning any
associated work. Any work accomplished before approved submittals are received is subject to
rejection and removal from the job at the contractor’ s expense.
107.03 Material Submittals. As a minimum, the following material submittals will be
required:
1) Samples of on-site soils, if these soils are to be used as fill in the roadway. The
Engineer/ City Engineer will determine the number of samples to be taken.
2) Samples of soils to be used as borrow material.
3) Samples of material to be used as aggregate base under the roadway. One sample will be
required initially. Additional samples will be taken during placement of aggregate base if
deemed necessary by the Engineer/ City Engineer.
4) Samples of material to be used as topsoil. Alternatively, the Engineer/City Engineer will
inspect the site from which the topsoil is to be taken to determine its acceptability. All
material samples shall be taken in the presence of a representative from the Quality
Assurance ( QA)/ Quality Control ( QC) Laboratory. Other submittals may be required as
determined by the Engineer/City Engineer.
107.04 Testing, Observation and Inspection Requirements
a) Field Observations and Inspections. The Construction Observer will be on-site during all
work which is to be paid for under the contract. The contractor shall provide one person as its
on-site representative to receive instructions from the Engineer/ City Engineer. This person shall
be qualified and experienced in job superintendence.
The Contractor’ s representative shall be on-site during all work that is to be paid for under the
contract. If the Contractor’ s representative is not on-site, the Engineer/ City Engineer may order
all work be stopped until such time as the contractor’ s superintendent returns to the job site.
The Contractor shall provide at least 24 hours of advance notice for any concrete placement.
Unless otherwise specified, the City will provide, at its expense, an independent quality
assurance/ quality control ( QA/ QC) laboratory to accomplish quality assurance testing. All
testing will be scheduled with the QA/ QC lab and the Contractor by the City or Engineer. The
Contractor shall provide or make available samples of all material as required by these
specifications as well as any other materials deemed necessary by the Engineer/ City Engineer.
b) Testing Requirements. The Contractor shall inform the Construction Observer at least 24
hours in advance of any required testing. The following is the minimum sampling and testing
frequency required:
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City of Fayetteville
1) Cross Drain Backfill: minimum of one density test per layer of material placed per pipe
or box culvert location.
2) Storm drain/ utility pipe backfill: minimum of one density test per 500 lineal feet of
pipe or portion thereof when the pipe is located in the street or under the curb and gutter.
3) Embankment: minimum of one density test per layer per 500 lineal feet of roadway or
portion thereof.
4) Subgrade: minimum of one density test per 500 feet of roadway with a minimum of
three density tests per project, and one sieve analysis and plasticity index test per project
per material type for subgrade soil classification.
5) Imported Embankment and Subgrade Materials.
1) One moisture/ density relationship test ( AASHTO T-99 with Note 7, or AASHTO
T-180 with Note 8) shall be taken at the beginning of the project, and one
additional moisture/ density relationship test shall be taken for every 5000 cubic
yards of imported material. ASTM testing methods for moisture/density
relationships may not be used for embankment and subgrade materials.
2) For every 20 density tests performed in accordance with the testing frequency for
subgrade and embankments, a one-point moisture/ density test shall be taken per
AASHTO T 272.
6) Aggregate base course: minimum of one density test and one depth measurement ( depth
sounding) per 500 lineal feet of roadway, with a minimum of three density tests and three
depth measurements per project; minimum of one gradation test per project.
7) Asphalt Concrete Hot Mix. Testing shall be as specified in Section 403. Core holes
shall be filled with non-shrink grout mix by the Contractor. All holes shall be protected
from traffic until the grout has cured.
8) Concrete for Drainage Structures and Sewer Manholes. A minimum of one set of
three concrete cylinders per day’ s concrete placement will be required for drop inlets,
junction boxes, and manholes. Other placements will be sampled at the rate of 1 set of
cylinders per 30 cubic yards of concrete placed. Slump and air entrainment tests will be
conducted at the time of cylinder preparation. One cylinder will be broken at seven days
and the other two will be broken at 28 days.
9) Concrete for Curb and Gutter. A minimum of one set of three concrete cylinders per
500 lineal feet of curb and gutter or portion thereof. One cylinder will be broken at seven
days and the other two will be broken at 28 days.
10) Concrete Pavement. A minimum of one set of three concrete cylinders per 500 lineal
feet of pavement or portion thereof, with a minimum of one set per project. The set shall
be broken in seven and 28 days as described above. Also, one core and depth
measurement per 500 lineal feet of complete pavement with a minimum of one per
project. Core holes shall be filled with non shrink grout mix. All holes shall be protected
from traffic until the grout has cured.
c) Provisions for Acceptance of Nonspecification Materials. This section provides for
corrective actions to be taken when test results indicate nonspecification materials or
workmanship have been incorporated into the project. Any penalties, which are assessed, will be
deducted from the contract price.
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Standard Street and Drainage Specifications
1) Density for Embankment, Subgrade, Pipe Backfill, and Crushed Stone Base Course:
Recompact until the minimum density is obtained.
2) Depth of Crushed Stone Base Course: The depth of the crushed stone base shall be
within plus or minus one-half inch (± ½”) of the required depth. If the deficient depth is
greater than one-half inch (½”), additional material shall be added to reach the required
depth. This material shall be incorporated into the existing material by the use of rippers
or other equipment extending a minimum of 3 inches into the existing material.
3) Depth and Density of ACHM Binder and Surface: Depth and density requirements
shall be as specified in Section 403 “ Asphalt Concrete Hot Mix” of these specifications.
4) Surface Tolerance of ACHM Surface: Surface tolerance of ACHM Surface shall be as
specified in Section 403 “ Asphalt Concrete Hot Mix” of these specifications.
5) Concrete Strength: The average 28-day compressive strength of the two cylinders of a
set shall be at least the required strength of the concrete specified. If the average strength
is lower, the following penalties will be assessed:
of Minimum Strength % Reduction in Contract Price
92-100 10
85-92 25
Below 85% Remove and Replace
6) Concrete Pavement Depth: The concrete pavement depths shall be within plus or minus
three-eighths inch (± 3/8”) of the required depth plus any additional depth required as a
result of a deficient subbase depth. The average of all depth measurements shall not be
less than the required depth, and any depth in excess of plus three-eighths inch (± 3/8”)
will not be used in computing the average depth. If the average depth is less than the
required depth, the following penalties shall be assessed:
Deficient Depth % Reduction in Contract Price
Req. depth to 1/8 inch 1
1/8 inch to 1/4 inch 3
1/4 inch to 3/8 inch 7
3/8 inch to 1/2 inch 15
1/2 inch to 5/8 inch 25
5/8 inch to 3/4 inch 40
More than 3/4 inch Remove and Replace
7) Concrete Pavement Surface: The finished pavement surface shall have a maximum
deviation of ¼” when tested with a 10’ straight edge parallel to the flow of traffic.
Pavement cross slope shall vary by no more than 1/8” in 10’ when tested with a
straightedge.
Grinding shall be performed, if necessary, to remove any deviations in excess of ¼”. The
grinding equipment shall be power driven and specifically designed to smooth and texture
portland cement concrete by means of diamond blades. Areas that have been ground shall be re-
grooved by grooving in accordance with subsection 601. 16 for Class 7 surface finish, to provide
a uniform texture equal in roughness to the surrounding pavement.
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City of Fayetteville
In addition to these requirements, if any individual test falls below the minimum requirements,
the area represented by this test shall be assessed the appropriate penalty under the applicable
section above.
107.05 Testing and Material Specification. These Specifications reference AASHTO
Standards for testing and material. Unless specifically stated otherwise, the corresponding
ASTM Standard will be allowed in lieu of the AASHTO Standard.
Section 108. Legal Relations and Responsibility to the Public
108.01 General. The Contractor shall keep fully informed of all Federal and State laws, all
local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having
any jurisdiction or authority which in any manner affect those engaged or employed on the work,
or which in any way affect the conduct of the work. Further, the Contractor shall at all times
observe and comply with all such laws, ordinances, regulations, quarantines, orders, and decrees.
All work pertaining to Electrical, Plumbing, and/ or Building Crafts shall be performed in strict
accordance with governing Federal, State, City, and Local Codes and Ordinances, with particular
attention to the current editions of the Arkansas State Plumbing Code and the National Electrical
Code as adopted by the National Fire Protection Association.
The Contractor shall comply with applicable Federal, State, and local laws governing safety,
health, and sanitation. The Contractor shall provide safeguards, safety devices, and protective
equipment and take any other action necessary to protect the life and health of employees on the
project and the safety of the public and to protect property in connection with the performance of
the work covered by the Contract.
Unless specified elsewhere in these specifications, the work involved or the delay or cost
incident to compliance with these regulations will not be paid for separately, but full
compensation therefore will be considered included in the contract unit prices bid for the various
items of the Contract.
108.02 Hazardous Substance. If the release of a suspect hazardous substance has occurred,
the Contractor shall notify the Engineer/ City Engineer. This will not relieve the Contractor or
responsible parties of the obligation to notify other appropriate agencies and will not relieve
responsible parties of any liability.
Commonly used materials which could be potentially hazardous substances if they are spilled or
enter waterbodies are: asphalt materials, concrete, cement, paint, solvents, petroleum products,
fertilizers, concrete curing compound, lime, linseed oil, asphalt additives, and concrete additives.
This list is not all inclusive.
Notification should be made if, at any time, there is an indication of a spill. Indicators could be:
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Standard Street and Drainage Specifications
1) Leaking or empty containers, surface staining, chemical odors, vegetation damage, etc.
2) Oil, grease or petrochemical substances, which produce residue, coat the banks and/ or
bottoms of a waterbody, or produce a visible, colored film on the surface.
3) Distinctly visible solids, scum, or foam of a persistent nature, or slime, bottom deposits,
or sludge banks in a waterbody.
108.03 Permits, Licenses, and Taxes. Unless specified otherwise in these Specifications,
the Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all
notices necessary and incidental to the due and lawful prosecution of the work. These costs will
not be paid for directly, but will be considered included in the contract unit prices bid for the
various items of the Contract.
The Owner will obtain any railroad and Arkansas Department of Transportation permits when
required.
The Contractor shall obtain and pay for all permits, design fees and related costs resulting from a
request by the Contractor to substitute materials or designs for those shown on the drawings or
specified in these specifications.
108.04 Patented Devices, Materials, and Process. Contractors employing any design,
device, material, or process covered by letters of patent or copyright shall provide for such use
by suitable legal agreement with the patentee or owner. Contractors and their Sureties shall
indemnify and save harmless the Owner, any affected third party, or political subdivision from
any and all claims for infringement by reason of the use of any such patented design, device,
material, or process, or any trademark or copyright.
108.05 Restoration of Surfaces Opened by Permit. The right to construct or reconstruct
any utility service in the highway or street, or to grant permits for such work, at any time, is
hereby expressly reserved by the City of Fayetteville or the proper authorities of the political
entity in whose jurisdiction the work is done and the Contractor shall not be entitled to any
damages either for the digging up of the street or for any delay occasioned thereby.
Any individual, firm, or corporation wishing to make an opening in the roadway must secure a
permit from the proper authority. The Contractor shall allow parties bearing such permits, and
only those parties, to make openings in the roadway. When ordered by the Owner, the Contractor
shall make in an acceptable manner all necessary surface repairs due to such openings and such
necessary work will be paid for as extra work, or as provided in these specifications, and will be
subject to the same conditions as original work performed.
108.06 Sanitary Provisions. The Contractor shall provide and maintain in a neat, sanitary
condition such accommodations for the use of the employees as may be necessary to comply
with the requirements of the State and local Boards of Health, or of other bodies or tribunals
having jurisdiction. Drinking water shall be provided from an approved source, so piped
or
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City of Fayetteville
transported as to keep it safe and fresh and served from single service containers or satisfactory
types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in
strict accordance with existing and governing health regulations.
108.07 Public Safety and Convenience. The Contractor’ s work shall at all times be
conducted so as to assure the least possible obstruction to traffic. The safety and convenience of
the general public and the residents along the street and the protection of persons and property
shall be provided for by the Contractor as specified by these Specifications and as directed by the
Owner.
All roadway cuts shall be temporarily or permanently repaired in accordance with Section 405,
Asphalt Concrete Patching For Maintenance of Traffic” within 24 hours of the completion of
trench backfill for the work, or segment of work, which required the excavation and/ or cut.
The Contractor shall be responsible for providing a fence to control livestock and pets in areas
where existing fencing is altered under the Contract. The City may elect to include temporary
fencing as a pay item under subsection 512, “ Fences” of these Specifications. If temporary
fencing is not included as a pay item within the proposal, then temporary fencing that is suitable
for the required use shall be supplied, shall be a subsidiary item, and no separate payment shall
be made for this temporary fencing. Additionally, if temporary fencing is not included as a pay
item within the proposal then permanent fence if included within the plans and/ or the proposal
may be constructed initially, or in lieu of temporary fencing.
The Contractor shall not create a public nuisance while performing the various operations of the
work. Excessive noise between the hours of 10 P.M. and 6 A.M., dust from haul roads, County
roads, or State roads, and mud tracked onto City, County or State roads or streets by equipment
may be considered by the City to be a public nuisance.
The Contractor will be responsible for maintaining U.S. mailboxes within the project limits in
such a manner that the public may receive continuous mail service according to U.S. Postal
Service regulations. Unless otherwise provided, upon completion of the project, mailboxes will
be replaced as near as practicable to their original location.
108.08 Railway Provisions. All work on railroad property shall be accomplished in strict
compliance with the plans, these specifications, and such Special Provisions as are appropriate to
the Contract. If the work near the railway requires a permit, the Contractor shall be responsible
for acquiring this permit and adhering to the permit requirements.
All work to be performed by the Contractor in construction on the railroad right-of-way shall be
performed at such times and in such manner as not to unnecessarily interfere with the movement
of trains or traffic upon the track of the Railway Company. The Contractor shall use all care and
precaution to avoid accidents, damage, or unnecessary delay or interference with the Railway
Company’ s trains or other property.
Plans for all sheeting or cofferdams for foundation work adjacent to operated track, and plans of
falsework, staging, protective sheeting, or other temporary construction near the operated track
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Standard Street and Drainage Specifications
shall be approved by the Railway Company. The Contractor shall construct the work according
to the approved plans.
108.09 Work Within Regulated Floodways. All work within regulated floodways shall be
accomplished within the requirements of all permits issued by the Federal Emergency
Management Agency ( FEMA), Corps of Engineers ( COE), The State of Arkansas, the City, or
other applicable agencies, and with Section 110 of the ARDOT Standards “ Protection of Water
Quality and Wetlands.”
a) Responsibility for FEMA Permit. Within regulatory floodways all permanent and
temporary fills/ structures must be in accordance with FEMA and local governmental
requirements. The Owner obtains all required permits and/or variances for essential work in the
regulated floodway before the Contract is awarded. The Owner will apply for Contractor
requested variances which it determines are necessary. The Contractor should be aware that
requested temporary fills/ structures may not be approved or may require mitigation.
b) Corps of Engineers Section 404 Permit Requirements. Placement of temporary
fills/structures within a regulatory floodway may also require alteration of the existing COE 404
Permit.
c) Compensation and Extension of Contract Time. The Contractor will not be granted
additional compensation or contract time due to requested floodway variances that are
considered by the Engineer/ City Engineer to be for the convenience of the Contractor. If,
however, due to no fault of the Contractor, a floodway variance is deemed by the Engineer/City
Engineer to be necessary, additional contract time and/ or compensation may be considered
according to the provisions of Subsection 109.10 “Claims for Adjustment and Disputes.”
All permits issued to the Contractor by the U.S. Army Corps of Engineers, or other applicable
agencies, for the convenience of the Contractor in accomplishing the Work, shall be complied
with in full and the Project will not be accepted until the permittor has accepted the work
covered by permit. The Contractor will be responsible for obtaining a release from the permittor
before acceptance.
108.10 Use of Explosives. When the use of explosives is necessary for the prosecution of the
work, the Contractor shall exercise the utmost care not to endanger life or property, including
new work. The Contractor shall comply with all laws and ordinances regarding the use of
explosives; further, the Contractor shall be responsible for all damage resulting from the use of
explosives.
All explosives shall be stored in a secure manner in compliance with all laws and ordinances,
and all such storage places shall be clearly marked. Where no local laws or ordinances apply,
storage shall be provided satisfactory to the City and in accordance with the Occupational Safety
and Health Act of 1970, and the Safety and Health Regulations for Construction promulgated
thereunder, but not closer than 1,000’ from the road or from any building or camping area or
place of human occupancy.
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City of Fayetteville
The Contractor shall notify the Fire Marshal of any explosive storage sites.
The Contractor shall notify each public utility company having structures in proximity to the site
of the work of any intention to use explosives. Such notice shall be given sufficiently in advance
to enable the companies to take such steps as they may deem necessary to protect their property
from injury.
108.11 Protection and Restoration of Property and Landscape. The Contractor shall
be responsible for the preservation of all public and private property and shall protect carefully
from disturbance or damage all land monuments and property marks until the Engineer/City
Engineer has witnessed or otherwise referenced their location, and shall not move them until
directed.
The Contractor shall be responsible for all damage or injury to property of any character:
1) during the prosecution of the work, resulting from any act, omission, neglect, or
misconduct in the manner or method of executing the work, or;
2) at any time, due to defective work or materials, and said responsibility will not be
released until the project has been completed and accepted.
Property shall include but not be limited to street and roadway signs, right-of-way monuments,
roadway lighting, traffic signal equipment, and any conduits and wiring. Should it become
evident that any item, such as listed above, is in conflict with the proposed work, the Contractor
will notify the Engineer/City Engineer so that proper steps can be taken to adjust, remove, or
otherwise eliminate the conflict.
Trees located outside of the easements or as indicated on the plans shall be retained and
protected. Any roots 2” or larger in diameter are to be clean cut with a hand saw where they
conflict with excavation work.
When or where any direct or indirect damage or injury is done to public or private property by or
as a result of any act, omission, neglect, or misconduct in the execution of the work, or in
consequence of the non-execution thereof, the Contractor shall restore, or bear the expense of
restoring, such property to a condition similar or equal to that existing before such damage or
injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or shall
make good such damage or injury in an acceptable manner. Failure to do so within a period of
time deemed reasonable by the Owner shall constitute noncompliance, and the City may cause
the entire cost of the restoration to be deducted from moneys due or to become due the
Contractor on the Contract.
108.12 Load Restrictions. The Contractor shall comply with all legal load restrictions in the
hauling of materials on public roads being maintained for the traveling public. A special permit
will not relieve the Contractor of liability for damage that may result from construction
equipment operations. The operation of equipment of such weight or so loaded as to cause
damage to structures or the roadway or to any other type of construction will not be permitted.
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Standard Street and Drainage Specifications
When hauling materials over the base or surface courses under construction, the Contractor shall
limit the hauling as necessary to prevent damage. No loads will be permitted on bases,
pavements, or structures before the expiration of the specified curing period controlling such
operations. The Contractor shall be responsible for repair of all damage resulting from
construction operations. No separate payment will be made for such repairs.
108.13 Opening Section of Roadway to Traffic. Whenever any roadway, or portion
thereof, is in an acceptable condition for travel, it shall be opened to traffic, as may be directed,
and such opening shall not be held to be in any way an acceptance of the roadway, or any part of
it, or as a waiver of any of the provisions of these specifications and the Contract. Necessary
repairs or renewals made on any section of the roadway opened to travel under instructions from
the Engineer/City Engineer, due to defective material or work, or to natural causes, other than
normal wear and tear, pending completion and acceptance of the roadway, shall be performed at
no cost to the Owner.
If the Contractor is dilatory in completing shoulders, drainage structures, or other features of the
work, the Engineer may give notification in writing and establish therein a reasonable period of
time in which the work should be completed. If the Contractor is dilatory or fails to make a
reasonable effort toward completion in this period of time, the Engineer/ City Engineer may take
action as provided in subsection 105.01 “ Authority of the Engineer.” On such sections that are so
ordered to be opened, the Contractor shall conduct the remaining construction operations so as to
cause the least obstruction to traffic and shall not receive any added compensation due to the
added cost of the work by reason of opening such section to traffic.
108.14 Contractor’ s Responsibility for Work. Until final acceptance of the project by the
City, the Contractor shall have the charge and care thereof and shall take every precaution
against injury, theft, or damage to any part thereof by the action of the elements or from any
other cause, whether arising from the execution or from the non-execution of the work. The
Contractor shall rebuild, repair, restore, and make good all injuries, thefts, or damages to any
portion of the work occasioned by any of the above causes before final acceptance, and shall
bear the expense thereof except damage to the work due to unforeseeable causes beyond the
control of and without the fault or negligence of the Contractor, including but not restricted to
acts of God, of the public enemy, or of governmental authorities.
In case of suspension of work from any cause whatever, the Contractor shall be responsible for
the project and shall take such precautions as may be necessary to prevent damage to the project,
provide for normal drainage and maintenance of the traveled way, and shall erect any necessary
temporary structures, signs, or other facilities. During such period of suspension of work, the
Contractor shall properly and continuously maintain in an acceptable growing condition all
living material in newly established plantings, seedings, and soddings furnished under the
Contract, and shall take adequate precautions to protect new tree growth and other important
vegetative growth against injury.
The protection of the work shall be accomplished at no cost to the City.
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City of Fayetteville
In case of errors or negligence on the part of the Contractor, any expenses incurred by the City
for engineering, observation, inspection, testing, design, or evaluation relative to correction of
the work will be assessed against the Contractor.
108.15 Contractor’ s Responsibility for Utility Facilities and Services. At points where
the Contractor’ s operations are adjacent to railroad or utility facilities, damage to which may
result in loss or inconvenience, work shall not begin until all arrangements necessary for the
protection thereof have been made.
The Contractor shall cooperate with the owners of any utility facilities in their removal and
rearrangement operations so that these operations may progress in a reasonable manner, that
duplication of rearrangement work may be reduced to a minimum, and that services rendered by
those parties will not be unnecessarily interrupted.
In the event of interruption of utility services, as a result of accidental breakage or as a result of
being exposed or unsupported, the Contractor shall promptly notify the proper authority and shall
cooperate with the said authority in the restoration of service. If utility service is interrupted,
repair work shall be continuous until the service is restored. No work shall be undertaken around
fire hydrants until provisions for continued service have been approved by the Owner.
108.16 Furnishing Right-of-Way. The City will be responsible for the securing of all
necessary rights of way in advance of construction within the limits indicated on the plans.
Acquisition of right-of-way by the City does not include areas required by the Contractor for
material sources ( borrow, gravel, topsoil, sod, etc.), plant sites, equipment storage, stockpiles,
disposal of waste or excess material, or any other areas required for the proper prosecution of the
work. The Contractor is responsible for obtaining, at no cost to the City, areas outside the right-
of-way required for such purposes and shall, at the City’s request, furnish copies of agreements
with the property owners. The Contractor may, with the approval of the City, use areas within
the right-of-way that are outside the construction limits for these purposes. Erosion control,
prevention of water pollution, and restoration of all such areas, both inside and outside the right-
of-way, shall be performed by the Contractor according to the specifications and at no cost to the
City.
108.17 Personal Liability of Public Officials. In carrying out any of the provisions of these
specifications, or in exercising any power or authority granted to them by or within the scope of
the Contract, there shall be no liability upon the City or its authorized representatives, either
personally or as officials of the City, it being understood that in all such matters they act solely
as agents or representatives of the City of Fayetteville.
108.18 No Waiver of Legal Rights. Final acceptance according to Subsection 109.15(b)
Final Acceptance” shall not preclude the City from correcting any measurement, estimate, or
certificate made before or after completion of the work, nor shall the City be precluded from
recovering from the Contractor or the Surety, or both, such overpayment as it may sustain, or by
failure on the part of the Contractor to fulfill obligations under the Contract. A waiver on the part
of the City of any breach of any part of the Contract shall not be held to be a waiver of any other
or subsequent breach.
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Standard Street and Drainage Specifications
The Contractor, without prejudice to the terms of the Contract, shall be liable to the City for any
or all of the following: fraud or such gross mistakes as may amount to fraud, the City’ s rights
under any warranty or guaranty, or any latent defects in the work.
Section 109. Prosecution and Progress
109.01 Subletting of Contract. The Contractor will be permitted to sublet a portion of the
Contract, except that work amounting to not less than 40% of the total Contract amount must be
performed by the Contractor’ s organization. If the Bidder intends to sublet any portion of the
Work, the Bidder shall furnish a list of subcontractors as a material part of his sealed proposal on
the form provided, listing the description of work to be performed by each subcontractor. The
experience, past performance, and ability of each proposed Subcontractor will be considered in
the evaluation of bids. Upon request, the bidder shall furnish experience statements, with
reference to any requested Subcontractor, prior to Notice of Award. If there being no objection in
writing by the Owner to the listed subcontractors prior to the award of the Contract, the
subcontractors will be deemed acceptable to the Owner. If bidder does not intend to sublet any
part of the work, he shall insert the word “ NONE” on the form provided. The Contractor shall
not sublet, sell, transfer, assign, or otherwise dispose of the contract or any portion thereof, of his
right, title, or interest therein, without prior written consent of the Owner and of the surety. The
Contractor shall not remove and/ or substitute the listed subcontractors without prior written
consent of the Owner.
Consent to sublet, assign, or otherwise dispose of any portion of the contract shall not be
construed to relieve the Contractor of his liability under the contract and bonds.
The Contractor shall perform with his own organization, unless otherwise authorized by the
Special Conditions, work amounting to not less than 40% of the total Contract amount. No
subcontractor shall further subcontract any portion of the work without the written consent of the
Contractor and acknowledgement of the Owner.
The Owner will not recognize any subcontractor on the Work as a party to the contract. Nothing
contained in any subcontract shall create any contractual relation between the subcontractor and
the Owner. The Contractor will be held responsible for the progress of the sublet work in
accordance with the contract progress required.
109.02 Prosecution and Progress. Contractor shall be responsible for planning, scheduling
and reporting the progress of the work to ensure timely completion of the Contract. For Contracts
under $ 2 million, or where specified in the Special Conditions, the following schedule
requirements shall apply: Prior to or at the Preconstruction Conference, the Contractor shall
submit two copies of his proposed schedule of operations for acceptance by the Engineer/City
Engineer. The proposed Schedule shall be a bar chart or schematic ( arrow) diagram showing the
work stages and operations for all major activities required by the Contract, including the starting
and completion of date of each part, and shall include dates of any proposed road closure, and
any significant or required milestone events. Unless approved by the Engineer/City Engineer,
activities shown on the Schedule shall not exceed 15 working days in length. The Schedule shall
be of sufficient detail to allow day-to-day monitoring of Contractor’ s progress.
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City of Fayetteville
For Contracts over $ 2 million, the following Critical Path Schedule requirements shall apply:
Prior to or at the Preconstruction Conference, the Contractor shall submit a preliminary network
analysis system defining the Contractor’ s planned operations during the first sixty calendar days
after the date of the Notice to Proceed. The Contractor’ s general approach to the remainder of the
Project shall be indicated. Within 30 calendar days of the Notice To Proceed, the Contractor
shall submit a complete network analysis system, consisting of logic diagrams, computer
mathematical analysis, calendar, and narration, to cover the Contractor’ s anticipated time
schedule for the complete Project. As a minimum, the network analysis system shall include the
following features:
1) Shall be time-scaled in calendar days with activities plotted on their early start and finish
dates. Unless approved by the Engineer/ City Engineer, activities shown on the Schedule
shall not exceed 30 working days in length.
2) Network diagram shall show the order and interdependence of activities and the proposed
sequence in which the work is to be accomplished as planned by the Contractor in
coordination with all subcontractors. The sequence and logic shall be clear. The critical
path activities shall be prominently distinguished.
3) Network diagram shall show for each activity the preceding and following activity,
activity description, the total float, and the duration of the activity.
4) Activities shown shall include, in addition to construction activities, such tasks as
submittal review and delivery times for long-lead time items, franchise utility work,
subcontractor work, and owner-furnished equipment delivery.
The Contractor shall submit monthly updated Schedules with their pay estimate requests. The
Contractor shall indicate on such updated Schedule actual construction progress, extra work
added to Contract, and any proposed changes to the operation sequence. If the progress of the
Work is significantly behind schedule, the updated Schedule shall also reflect any revised
operation sequence, changes in equipment, labor forces, or working shifts, or other pertinent
factors by which insufficient progress will be made up to allow the Contract completion within
the time set forth in the Contract, including time extensions granted to date.
All submitted schedules and updated schedules shall be reviewed and accepted by the
Engineer/City Engineer. If after review, the Engineer/City Engineer determines that the schedule
is not acceptable per the requirements listed above, the Contractor shall make adjustments and
resubmit the schedule within 30 calendar days. Failure of the Contractor to submit an acceptable
Schedule or monthly updated Schedule as required will be grounds for Owner to withhold an
additional ten percent on the monthly progress payments, in addition to the normal retention,
until Contractor is in compliance. Additional money withheld will be paid, upon compliance, in
the next scheduled monthly estimate.
Acceptance of Contractor’ s schedules by Engineer/City Engineer shall not be construed as
relieving Contractor of the obligation to complete the Work within the Contract Time; or as
granting, rejecting, or in any other way acting on Contractor’ s requests for adjustments to the
date for completing Contract Work, or claims for additional compensation. Such requests shall
be processed in strict compliance with other relevant provisions of the Contract.
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Standard Street and Drainage Specifications
No measurement or direct payment will be made for Contractor costs relating to preparation and
submission of schedules, updates and revisions thereto, the cost being considered as included in
the prices paid for Contract items.
Contractor shall carry on the work and maintain the progress schedule during all disputes or
claims with Engineer/ City Engineer. No work shall be delayed or postponed pending resolution
of any disputes or claims, except as Contractor and the Owner may otherwise agree in writing.
Float time is not for the exclusive use or benefit of either the Owner or Contractor. Extension of
time for performance may be granted, as allowed in subsection 109. 08, for delays caused solely
by action or inaction by the Owner to the extent that equitable time adjustment for the activity
affected exceeds the total float of the project, or where an impact on the contract completion date
can be shown.
109.03 Limitations of Operations. The Contractor shall conduct the work at all times in
such a manner and in such sequence as will assure the least interference with traffic and utility
services. Due regard shall be given to the location of detours, bypasses, and to the provisions for
handling traffic and utility services. No work shall be opened up to the prejudice or detriment of
work already started. The Engineer/City Engineer may require the Contractor to finish a section
on which work is in progress before work is started on any additional sections if the opening of
such section is essential to public convenience. For roadway overlay projects and drainage
projects, each individual street or section of drainage must be completed, including all site
restoration, within 45 days of the start of work operations within that street or section, unless
otherwise authorized by the Engineer/ City Engineer.
Except in connection with the safety or protection of persons or the work or property at the site,
and except as otherwise indicated in the Contract Documents, all work that requires inspection
shall be performed during City of Fayetteville regular working hours, and Contractor will not
permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday as
designated in Subsection 101( c) “ Definitions” without Engineer/ City Engineer’ s written consent.
Contractor to submit a written request to the Engineer/City Engineer for non-regular working
hours 48 hours in advance of the start of such work.
109.04 Character of Workers, Methods, and Equipment. The Contractor shall at all
times provide sufficient materials, equipment, and labor to guarantee the completion of the
Project according to the Plans and Specifications within the contract time. The Contractor shall
advance the Work so that the available time is appropriately utilized in order to complete the
Work within the contract time.
All workers shall have sufficient skill and experience to perform properly the work assigned to
them. Workers engaged in special work or skilled work shall have sufficient experience in such
work and in the operation of the equipment required to perform all work properly and
satisfactorily.
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City of Fayetteville
Any person employed by the Contractor or by any subcontractor who, in the opinion of the
Engineer, does not perform work in a proper and skillful manner, or is intemperate, belligerent or
disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor
or subcontractor employing such person, and shall not be employed again in any portion of the
work without the approval of the Engineer.
Should the Contractor fail to remove such person or persons as required above, or fail to furnish
suitable and sufficient personnel for the proper prosecution of the Work, the Owner may suspend
the work by written notice and withhold moneys due until such orders are complied with.
All equipment that is proposed to be used on the Work shall be of sufficient size and in such
mechanical condition as to meet requirements of the work and to produce a satisfactory quality
of work. Equipment used on any portion of the project shall be such that no injury to the
roadway, adjacent property, or other facilities will result from its use.
When the methods and equipment to be used by the Contractor in accomplishing the construction
are not prescribed in the Contract, the Contractor is free to use any methods or equipment that
are demonstrated to the satisfaction of the Engineer as being capable of accomplishing the
Contract work in conformity with the requirements of the Contract.
When the Contract specifies that the construction be performed by using certain methods and/ or
equipment, such methods and/or equipment shall be used unless others are authorized by the
Engineer in accordance with Subsection 105. 11 “ Substitution of Materials and Equipment.”
109.05 Determination of Contract Time.
a) General. The time allowed for the completion of the Work included in the Contract will be
stated in the Proposal and Contract, and will be known as the "Contract Time". The contract time
will be specified as a fixed completion date or as calendar days.
The Contractor shall take into consideration all normal conditions considered unfavorable to the
normal progress of the Work and place a sufficient work force and equipment on the project to
ensure completion of the Work within the contract time.
The Engineer/ City Engineer will determine the date upon which the Contract is substantially
complete and time assessment will cease. In the event cleanup is necessary or items found at the
final inspection are to be corrected, the Contractor shall complete this work in a timely manner
or the Engineer/City Engineer will resume time charges.
b) Fixed Completion Date. When the contract time is specified as a fixed date, it will be the
date on which all work on the project shall be substantially complete.
c) Calendar Day. Calendar day contract time includes delays for normal weather-related
events, such as rain, snow, and freezing temperatures that may affect the progress of the
construction in the following amounts on a per-month basis as hereinafter set out. Only weather-
related delays in excess of these amounts will be considered for time extensions, if requested by
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Standard Street and Drainage Specifications
the Contractor. Days Included in Contract Times for Normal Weather-Related Events, on a
monthly basis, are:
Month Days
January 11
February 9
March 8
April 8
May 8
June 8
July 7
August 7
September 7
October 7
November 7
December 8
No changes in contract times will be allowed for any reason without a request in writing from the
contractor. This request shall include reasons for the request with supporting documentation as
proof of extraordinary delays beyond the contractor’ s control. Normal rainfall amounts and soil
conditions will not be considered as reasons for extensions of time, nor will workload of the
Contractor. The request must be submitted for to the Engineer/ City Engineer within 5 days of the
end of the month to be considered. No compensation will be made for monetary damages due to
weather delay( s).
d) Working Day. Only when the contract time is specified in working days, the provisions of
Section 109.08(d) shall apply.
Time will be assessed for each day on which, in the judgment of the Engineer/City Engineer and
subject to the limitations below, conditions allow the Contractor to effectively utilize 60% of
normal forces and equipment to prosecute the work required at that time, for at least 60% of the
Contractor’ s normal working hours, regardless of whether the Contractor actually works.
The Engineer/ City Engineer will not assess a working day when conditions exist beyond the
control and without the fault of the Contractor that prevent the utilization of forces and
equipment as defined above. Also, for the purpose of assessment of working days, inaccessibility
to a portion of the work due to utility conflict or utility work, either of which prevents utilization
of forces and equipment as defined above, will be considered as an adverse working condition
for the time exceeding that specified in the Contract for the utility adjustment. The ability of
vendors, suppliers, and subcontractors to provide materials and/ or services is considered within
the Contractor’ s control for the purpose of assessment of working days.
Time from December 21 through January 15, inclusive, will not be assessed against the contract
time.
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City of Fayetteville
Saturdays and City recognized holidays, other than those designated above, which may be
declared by the City for certain special or unusual circumstances, will be optional to the
Contractor as working days, and time will not be assessed unless work is performed that requires
inspection. If work is performed, contract time assessment will be based upon the same
conditions as a normal working day.
Contract time will not be assessed during a full suspension of the work as ordered by the
Engineer/City Engineer. During a partial suspension of the work as ordered by the Engineer/City
Engineer, the contract time will be assessed in direct proportion to the ratio of the money value
of the items not suspended to the total contract amount.
Each pay estimate will state the each working day charged during the preceding period and the
total number of working days charged to date. If the Contractor disagrees with the working days
charged by the Engineer/City Engineer, then the Contractor shall, within 10 calendar days of
signing the pay estimate, give the Engineer/ City Engineer written notice of such disagreement
and the reasons therefore. If the Contractor does not provide written notice within 10 calendar
days of signing the pay estimate, no subsequent request for review will be considered.
109.06 Rights in and Use of Materials Found on the Work. The Contractor, with the
approval of the Engineer, may use on the Project such stone, gravel, sand, or other material,
determined suitable by the Engineer, as may be found in the planned excavation and will be paid
both for the excavation of such materials at the corresponding contract unit price and for the pay
item for which the excavated material is used. However, the Contractor shall replace with other
acceptable material at no cost to the Owner all of that portion of the excavation material so
removed and used that was needed for use in the embankments, backfills, approaches, or
otherwise. No charge for the material so used will be made against the Contractor. The
Contractor shall not excavate or remove any material from within the roadway location that is
not within the grading limits, as indicated by the slope and grade lines, without written
authorization from the Engineer.
Planned excavation, for the purposes of this subsection, is defined as all excavation shown on the
plans and/or as changed by the Engineer for any purpose other than obtaining additional material
lying within the planned typical sections and slopes. Planned excavation also includes any
excavation made beyond the ends of the Project for the purpose of blending the new construction
into the existing roadway.
Unless otherwise provided, any material from any existing structures designated salvageable that
is to remain the property of the owner, may be used temporarily by the Contractor in the erection
of the new structure. Such material shall not be cut or otherwise damaged. Material thus used and
subsequently cut or damaged by the Contractor's action or inaction shall be replaced in kind with
new material of like dimension at no cost to the Owner.
109.07 Final Clean Up. Upon completion of the Work and before acceptance and final
payment will be made, the Contractor shall remove from the right-of-way, from any temporary
plant sites, and from any temporary equipment and material storage sites, all construction
equipment, falsework, discarded material, rubbish, debris, temporary structures, footings, and all
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Standard Street and Drainage Specifications
surplus material. The Contractor shall restore in an acceptable manner all property, both public
and private, that has been damaged during the prosecution of the work and shall leave the
waterways unobstructed and the roadway in a neat and presentable condition throughout the
length of the work under contract.
No burning will be permitted on City of Fayetteville property, right-of-way, or easement without
permission granted directly from the Mayor' s office and in coordination with the Fayetteville Fire
Department. It is the Contractor’ s responsibility to determine prior to bidding whether or not a
burn permit will be approved and issued. When perishable material is burned, it shall be under
the constant care of a competent watcher. Burning shall be accomplished at such times and in
such manner that the surrounding vegetation, adjacent property, or anything designated to remain
on the right-of-way will not be jeopardized. Contractor shall cease all burning when
meteorological conditions are unsuitable for burning operations. Materials and debris that cannot
be burned shall be removed from the right-of-way and disposed of at locations off the project.
Contractor shall have proposed dump sites for waste material approved by the City of
Fayetteville prior to disposition of any waste onto these sites.
The materials, labor, equipment, and expense of the final cleaning up of the Project will not be
paid for separately, but full compensation therefore will be considered included in the contract
unit prices bid for the various items in the Contract.
109.08 Failure to Complete Work on Time. Time is an essential element of the Contract
and it is important that the Work be pressed vigorously to completion. The cost to the Owner of
the administration of the Contract, including engineering, inspection, and supervision, will be
increased as the time occupied in the Work is lengthened. The public is subject to detriment and
inconvenience when full use cannot be made of the Project.
The Owner shall be entitled to recover from the Contractor all ascertainable damages arising
from the delay in completion. Said damages shall include, without limitation, all engineering,
inspection, supervision, and legal expenses directly incurred by the Owner because of such
delay.
Additionally, Contractor agrees that the Owner and/ or public will suffer other damage or
financial loss if the Work is not completed on time or within any time extensions allowed in
accordance with the Contract Documents. Contractor and Owner agree that proof of the exact
amount of any such damage or loss is difficult to determine. Accordingly, Contractor agrees to
pay the sums stated in the proposal and Contract as liquidated damages and not as penalty for
each calendar day or part thereof that the Work remains uncompleted after the contract time has
expired.
Should the amount otherwise due the Contractor be less than the amount of such damages
provided above, the Contractor and the Surety shall be liable to the Owner for such deficiency.
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City of Fayetteville
Permitting the Contractor to continue and finish the Work or any part of it after the time fixed for
its completion, or after the date to which the time for completion may have been extended, will
in no way operate as a waiver on the part of the Owner of any of its rights under the Contract.
Section 110. Measurement and Payment
110.01 Measurement of Quantities. Work acceptably completed under the Contract will be
measured by the Engineer/ City Engineer according to United States Standard measures. Only
actual quantities will be paid for unless otherwise specified. Unless otherwise specified, the
following listed methods will be used:
1) For computing volumes of excavated materials specified for measurement by the cubic
yard, the average end area method will be used.
2) Structures will be measured to the neat lines as shown on the plans or as finally
constructed at the direction of the Engineer/ City Engineer.
3) Items that are measured by the linear foot, such as pipe culverts, guardrail, underdrains,
etc., will be measured parallel to the base or foundation upon which such structures are
placed.
4) In determining the area for items bid on a square yard or acre basis, except as noted
below, the longitudinal measurement will be made along the actual surface of the item
and not horizontally, and transverse measurements shall conform to the dimensions
shown on the plans or as directed by the Engineer/City Engineer.
5) In determining the area for all seeding and mulch cover items bid on an acre basis, when
the area is a strip of varying width running approximately parallel to the centerline of the
roadway, the longitudinal dimension will be measured horizontally and the transverse
dimension will be measured parallel to the surface of the area seeded and/or mulched. For
other areas of seeding and mulch cover items, all measurements will be made parallel to
the surface of the area seeded and/or mulched. The area will be computed to the nearest
0.01 acre.
6) Materials that are specified for measurement by the ton shall be hauled in approved
vehicles bearing a plainly legible identification number and weighed on accurate,
approved scales furnished by the Contractor and inspected by a registered scale mechanic
at least once a year and before their use after each move. Scales shall be located at the
loading point or other approved location.
7) The scales shall be an automatic weighing system, with digital or springless dials, and
equipped with an automatic ticket printer. An automatic ticket printer is defined as a
device connected to the weighing system in such manner that it automatically detects the
weight determined by the system. It shall store and recall the TARE weight when the
operator enters the truck identification. It shall print the following information on the
ticket:
a) Gross, Tare, and Net weights.
b) Identification of the truck.
c) Current date.
d) For asphalt mixtures, the time of loading or weighing.
e) A unique ticket number (may be preprinted on the tickets).
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Standard Street and Drainage Specifications
The NET weight should be computed by the weighing system; however, it may be
computed manually and keyed in for printing. When the net weight of the material is
determined by batch weights, the scales used shall meet all applicable requirements
specified for truck scales, including automatic ticket printing, except that the GROSS and
TARE weights will not be required. The ticket shall accompany each load delivered to
the project. In addition to the items shown above that must be printed by the ticket
printer, the following information shall also be shown on each ticket:
a) Identification of the project.
b) Identification of the material being delivered, including mix design numbers for
asphalt mixtures. The ton shall be the short ton of 2000 pounds. Vehicles used to
haul materials measured by weight shall be weighed empty for each load, or shall
be weighed daily or from time to time during the day as the Engineer may direct,
to establish the tare weight of each load. The scales furnished shall be capable of
weighing the entire loaded vehicle at one time. Deduction will be made for the
weight of moisture in aggregates in excess of 5% of the oven-dry weight of the
material.
8) A station when used as a definition or term of measurement will be 100 linear feet
measured horizontally.
9) The term " lump sum" when used as an item of payment will mean complete payment for
the work described in the Contract.
10) When a complete structure or structural unit ( in effect, " lump sum" work) is specified as
the unit of measurement, the unit will be construed to include all necessary fittings and
accessories.
11) When mutually agreed, the plan quantity of any item may be taken as the Final Contract
Quantity. Items to be paid at plan quantity shall be agreed upon in writing before work
begins.
When standard manufactured items are specified such as fence, wire, plates, rolled
shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section
dimensions, etc., such identification will be considered to be nominal weights or
dimensions. Unless more stringently controlled by tolerances in cited specifications,
manufacturing tolerances established by the industries involved will be accepted.
Of necessity the items described and shown as components are discussed in a general manner only,
describing the major pieces of equipment and/ or materials. Any item and/ or appurtenance not
specifically mentioned shall be considered a portion of the bid item to which, in the opinion of the
Engineer, its function is most directly related. Failure to list all items and/ or appurtenances does
not relieve the Contractor from furnishing all apparatus, devices, labor or materials of whatever
nature required for a complete installation in accordance with the intent of the Drawings, approved
Shop Drawings and these Specifications.
The successful Contractor shall, as soon as possible after award of the Contract, submit a list
itemizing the components of each lump sum bid item and their respective costs to be used as an aid
in the preparation of partial payments.
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City of Fayetteville
110.02 Scope of Payment. Payments to the Contractor will be made for the actual quantities
of contract items completed and accepted according to the plans and specifications and if, upon
completion of the construction, these actual quantities show either an increase or decrease from
the quantities given in the proposal schedule, the contract unit prices will still prevail, except as
provided in Subsection 110.03, “ Payment and Compensation for Altered Quantities” below.
The Contractor will receive and accept the compensation herein provided as full payment for
furnishing all materials, labor, equipment, tools, and incidentals necessary to the completed
work; for performing all work contemplated and embraced under the Contract; for all loss or
damage arising out of the nature of the work, or from the action of the elements, or from any
unforeseen difficulties or obstructions that may arise or be encountered during the prosecution of
the work until its final acceptance by the City; for all risks of every description connected with
the prosecution of the work; for all expenses incurred by, or in consequence of, the temporary
suspension or discontinuance of the work as herein specified; for any infringement of patent,
trade mark, or copyright; for all costs of permits, licenses, fees, and taxes; and for completing the
work in an acceptable manner according to the plans and specifications. The payment of current
or final estimate, or of retained percentage, shall in no degree prejudice or affect the obligation of
the Contractor, at no cost to the City, to repair, correct, renew, or replace any defects or
imperfections in the construction of the roadway and its appurtenances, or in the strength of or
quality of materials used therein or thereabouts, or relieve the Contractor from the payment of all
damages due to such defects; provided such defects, imperfections, or damages shall be
discovered on or before the final inspection or acceptance of the entire work. No retained
percentage payable under the Contract, or any part thereof, shall become due and payable, if the
City so elects, until the City is satisfied that the Contractor has fully settled or paid for all
materials and equipment used in or upon the work, and for all labor done in connection
therewith, and the City, if it so elects, may pay any or all such accounts wholly or in part and
deduct the amount or amounts so paid from the final estimate.
Any overpayments made to the Contractor or Surety, from whatever cause, are due and payable
to the City upon receipt by the Contractor or Surety of a request setting forth the particulars,
regardless of pending claims or intention of the Contractor or Surety to file a claim.
110.03 Payment and Compensation for Altered Quantities. When alterations in plans
or quantities of work not requiring a change order are ordered and performed as provided in
Subsection 104. 02, “ Alterations of Plans or Character of Work” or 104. 03, “ If and Where
Directed Items” and when such alterations result in an increase or a decrease of the quantity of
work to be performed, the Contractor shall accept payment in full at the contract unit prices for
the actual quantities of work accomplished, except as provided in Subsection 104. 02,
Alterations of Plans or Character of Work” or 104.03, “ If and Where Directed Items”, and no
allowance will be made for anticipated profits, organization or overhead expense, or interest.
Increased or decreased work involving change orders will be paid for as stipulated in such
change orders.
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Standard Street and Drainage Specifications
Section 111. Roadway Construction Control
111.01 Description. When this item is included in the proposal, it shall consist of furnishing
and maintaining all lines, grades, and measurements necessary for the proper execution of the
roadway work under the Contract, all according to the plans and specifications.
111.02 Materials. The Contractor shall furnish all stakes, templates, straightedges, surveying
equipment, and other devices necessary for establishing, setting, checking, marking, and
maintaining points, lines, grades, and layout of the work called for on the plans and in the
specifications.
111.03 Construction Requirements.
a) City Responsibilities. The Engineer/ City Engineer will establish the benchmarks and
horizontal control points referenced on the plans, certified correct by the Engineer, and furnish
the data to the Contractor at the beginning of work.
Any additional information provided by the Engineer shall be verified by the Contractor before
use and the Contractor shall accept full responsibility for any costs incurred as the result of the
use of such additional information. Any checking performed by the Engineer/ City Engineer will
not relieve the Contractor of the responsibility for the final results.
The City will be responsible for taking all measurements to establish both current estimate and
final estimate pay quantities, including any horizontal and vertical control points necessary to
complete such measurements. When making these measurements, the Engineer/City Engineer
may use any points, stakes, lines, or elevations that have been set by the Contractor.
b) Contractor Requirements. Roadway Construction Control shall include use by the
Contractor of the plans and the vertical and horizontal control points established by the City as
described above to perform all required construction surveying and layout. The Contractor shall
make all necessary calculations and set all stakes including, but not limited to: centerline stakes;
offset stakes; reference point stakes; additional bench marks as needed; slope stakes; pavement
lines; curb lines; grade stakes; roadway drainage; pipe culverts; box culverts; underdrains;
clearing and grubbing limits; guardrail; fence; blue tops for subgrade, subbase, and base courses;
and any other points, lines, or elevations deemed necessary for proper control of the work.
On projects that include an ACHM overlay and/or Asphalt Surface Treatment, the Contractor
shall mark the stationing by setting a stake at least every 200 feet along the roadway. These
stakes shall be placed on the shoulder or slope so that they will not interfere with the
construction operations, but will be usable for determining locations along the roadway. On
projects with widening sections where a grade line is not shown on the plans, the Contractor
shall profile the existing pavement at the centerline and edges of pavement. This profile data
shall be furnished to the Engineer/City Engineer for use in the establishment of the finished
grade line. This finished grade line will be furnished to the Contractor for use in computing and
setting all grades required to construct the finished roadway section. The Contractor shall be
responsible for joining the work to contiguous roadways and/ or bridges in an acceptable manner.
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City of Fayetteville
This shall include making minor adjustments to the plan grade and/ or typical section as
necessary to construct a smooth transition from the new work to match the existing roadway.
The Contractor shall provide sufficient qualified personnel to complete the work accurately. The
supervision of the Contractor' s surveying and personnel shall be the responsibility of the
Contractor, and any errors resulting from the operations of such personnel shall be adjusted or
corrected by the Contractor at no cost to the City.
The Contractor shall maintain adequate survey notes as the work progresses and make them
available to the Engineer/City Engineer on request. Copies of survey notes designated by the
Engineer/ City Engineer shall be provided for the City’ s permanent project records. The
Contractor shall be responsible for the accuracy and uniformity of the construction stakes, lines,
grades, and layouts. Any errors in the work constructed due to errors in the Contractor' s
Roadway Construction Control shall be adjusted or corrected by the Contractor at no cost to the
City.
111.04 Method of Measurement. Roadway Construction Control will be measured as a
complete unit.
111.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract lump sum price bid for Roadway Construction Control, which
price shall be full compensation for furnishing and maintaining all necessary lines, grades, and
measurements; and for furnishing all engineering personnel, equipment, materials, tools, and
incidentals necessary to complete the work.
No adjustments in the lump sum price bid will be made for Roadway Construction Control
required due to normal increases or decreases in Contract quantities. However, if the amount of
Roadway Construction Control required is increased or decreased in connection with a Change
Order, compensation will be adjusted accordingly.
Partial payments for Roadway Construction Control will be made in proportion to the amount of
work accomplished on this item. No additional payment will be made for re-staking needed to
maintain the control.
Payment will be made under:
Pay Item Pay Unit
Roadway Construction Control LS
Section 112. Trench and Excavation Safety Systems
112.01 Description. This item covers trench and excavation safety systems required for
constructing improvements that necessitate open excavations on the project. All work under this
item shall be in accordance with the current edition of the “ Occupational Safety and Health
Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P”,
a copy of which may be purchased from the Superintendent of Documents, U.S. Government
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Standard Street and Drainage Specifications
Printing Office, Washington, D.C. 20402. This document is hereby incorporated into the
Specifications.
112.02 Notifications Required. The Contractor, prior to beginning any excavation, shall
notify the State Department of Labor ( Safety Division) that work is commencing on a project
with excavations greater than five feet.
The contractor shall notify all Utility Companies and Owners in accordance with OSHA
Administration 29 CFR 1926. 651( b)( 2) for the purpose of locating utilities and underground
installations.
112.03 Existing Structures and Utilities. Where the trench or excavation endangers the
stability of a building, wall, street, highway, utilities or other installation, the Contractor shall
provide support systems such as shoring, bracing, or underpinning to ensure the stability of such
structure or utility.
The Contractor may elect to remove and replace or relocate such structures or utilities with the
written approval of the owner of the structure or utility and the Engineer/ City Engineer.
112.04 Method of Measurement. After award of the contact, the Contractor shall submit to
the Engineer/City Engineer a breakdown of costs for work involved in the lump sum price bid
for “ Trench and Excavation Safety Systems” and shall, with each periodic payment request,
submit a certification by the Contractor’ s “ competent person” as defined in Subpart P
1926. 650( b) that the Contractor has complied with the provisions of “ Occupational Safety and
Health Administration Standard for Excavation and Trenches Safety System”, 29 CFR 1926
Subpart P for work which payment is requested.
112.05 Basis of Payment. The work required by this item will be paid for at the lump sum
price for “Trench and Excavation Safety Systems”.
Payment will be made under:
Pay Item Pay Unit
Trench and Excavation Safety Systems LS
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City of Fayetteville
DIVISION 200. EARTHWORK
Section 201. Clearing, Grubbing, and Demolition
201.01 Description. This work consists of clearing, grubbing, removing, and disposing of all
vegetation, obstructions and debris within designated limits of the Right-of-Way and easement
areas. Vegetation and objects designated to remain shall be preserved free from injury or
damage.
201.02 Definitions. Clearing, Grubbing, and Demolition shall be defined as follows:
Clearing shall consist of cutting, removing, and disposing of trees, snags, stumps, shrubs, brush,
limbs, and other vegetative growth. Clearing shall also include the preservation of trees, shrubs,
and vegetative growth, which are not designated for removal.
Grubbing shall consist of the removal and disposal of wood or root matter below the ground
surface remaining after clearing and shall include stumps, trunks, roots, or root systems greater
than 2 inches in diameter to a depth of two feet below the natural ground surface.
Demolition shall consist of removal and disposal of existing fences, drainage structures,
abandoned pipelines or utilities, paving, curbs and gutters, which are not designated to remain.
The work may also include demolishing and/or removing from the site building structures or
portions thereof, which are more particularly described in the plans and Special Provisions,
together with all appurtenances, including canopies, porches, and awnings.
201.03 Construction Requirements. All surface objects, trees, stumps, roots, and other
protruding obstructions designated for removal shall be cleared and grubbed, including required
mowing. Trees not shown for removal on the plans, but are in direct conflict of construction,
shall also be cleared and grubbed. Undisturbed and sound stumps and nonperishable solid objects
located more than two feet below subgrade and slope of embankments may remain in place.
When authorized, stumps and nonperishable solid objects that are located more than 1 foot below
the ground line may remain if they are located outside the construction limits of excavation and
embankment areas.
Trees and other vegetation to be preserved shall be carefully protected from abuse, marring, or
damage during construction operations. Repair of damage to bark, limbs, or roots of trees or
vegetation designated to remain shall be repaired by corrective pruning or other appropriate
methods.
Low hanging, unsound, or unsightly branches shall be removed from trees or shrubs designated
to remain. Trees extending over the roadway shall be trimmed to provide a clear height of 18 feet
about the pavement elevation. All trimming shall be accomplished with skilled workers and in
accordance with good tree surgery practices. Before cutting, removing, or trimming any tree
within the City of Fayetteville, the owner and supervisory personnel of each business performing
commercial tree work shall obtain a city issued commercial tree pruner/ service certificate.
Parking and servicing equipment under branches of trees designated to remain is not allowed.
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Standard Street and Drainage Specifications
Existing pipes, culverts, bridges, and other drainage structures shall be removed to the natural
stream bottom and those parts outside the stream shall be removed to 1 foot below natural
ground surface. Materials designated as City salvaged material shall be dismantled without
damage and stored at designated locations. All other structures shall be removed from the Right-
of-Way.
All concrete pavement, base course, sidewalks, curbs, gutters, buildings, foundations, slabs,
ballast, gravel, bituminous material, and pavement materials shall be disposed of unless
specifically stated otherwise in the Plans or by the Engineer/City Engineer.
Moveable buildings to be demolished may be removed from the right-of-way intact if the
contractor so elects.
Concrete designated for use as rip rap shall be broken into pieces not to exceed 150 pounds and
stockpiled at designated locations or promptly placed where specified on the project.
Ballast, gravel, bituminous material, or other surfacing or pavement materials designated for
salvage shall be stockpiled at designated locations without contaminating the material with dirt
or foreign materials. Old concrete pavement, sidewalks, curbs, gutters, and similar structures to
be left in place shall be sawed to a straight and true vertical line or removed to an existing joint
as shown on the plans or as directed by the Engineer/City Engineer.
In embankment areas, cavities resulting from removal of obstructions shall be backfilled and
compacted with suitable material under Subsection 202. 03.
Disposal of material and debris shall be done under applicable Federal, State, County, and City
laws, ordinances, and regulations. Perishable material if burned shall be under constant care of a
watchman so the surrounding vegetation, adjacent property, and anything designated to remain is
not jeopardized.
Materials and debris may be disposed of by burial at locations acceptable to the City within the
project limits, if at least 12 inches of cover material is provided and the area is graded, shaped,
and seeded according to these specifications or otherwise restored to present a pleasing
appearance. Said burial and restoration shall be at the Contractor’ s expense.
201.04 Measurement and Payment. No measurement of this item will be made. Payment
will be made on a lump sum basis.
Pay Item Pay Unit
Clearing, Grubbing, and Demolition LS
Section 202. Excavation and Embankment
202.01 Description. This work consists of excavation, hauling, disposal, placement,
consolidation and compaction of all materials encountered within the limits of the work that is
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City of Fayetteville
not covered under another item. For purposes of this section, roadway shall be defined as all
locations within 1 foot of the back of curbs and gutters that define the edges of public streets.
Excavation will be classified as one of the following:
a) Unclassified Excavation. Unclassified Excavation consists of the removal and disposal of all
material of whatever character encountered in the work not covered under other items. This shall
include removal of material in existing ditch lines along roadways to a depth of 1 foot below
existing grade in the ditches. This shall also include stripping and excavation of existing material
as required up to a depth of one (1) foot below existing grade in embankment areas.
b) Rock Excavation. Rock Excavation includes removal and disposal of rock material that by
actual demonstration cannot be excavated with a Caterpillar Model No. 215D LC track-mounted
hydraulic excavator equipped with two rippers or similarly approved equipment. Rock
excavation also includes boulders one-half cubic yard or more in volume.
c) Undercut Excavation. Undercut excavation includes removal and disposal of material not
suitable for use as embankment material that is below the proposed subgrade elevation and that
is more than one foot ( 1’) below existing ground within the roadway.
Embankment will be classified as one of the following:
1) Select Embankment. Select Embankment includes all material placed within the limits
of the proposed roadway within 24 inches of the top of subgrade elevation. Select
Embankment material may include approved on-site or approved off-site material
meeting the requirements of section 202. 02 ( c) below.
2) Embankment. Embankment includes material other than select embankment that is
placed within the limits of construction to achieve planned grades.
202.02 Materials.
a) General. Samples of material to be used as embankment material shall be submitted for
approval per the requirements of these specifications. All material shall meet the requirements
The City of Fayetteville Code of Ordinances.
b) Stone backfill. Stone backfill shall be as defined and specified in subsection 205, Undercut
and Stone Backfill.
c) Embankment. Embankment shall consist of soil, or a mixture of soil and stone or gravel or
other acceptable material, reasonably free from sod, stumps, logs, roots or other perishable or
deleterious matter, and shall be capable of forming a stable embankment when compacted.
Material placed within 24 inches of the proposed top of subgrade elevation shall meet the
following requirements.
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1) Material classified by the AASHTO Soil Classification System as A-1, A-2, or A-3,
having a maximum of 35 percent of the material passing the number 200 sieve, and
having a CBR equal to or greater than 8.
2) Material not meeting the above requirements for AASHTO Classification and
gradation, but having a CBR equal to or greater than 8 and a Liquid Limit and Plasticity
Index of less than or equal to 40 and 15, respectively.
3) Material not meeting the above requirements for liquid limit and plasticity index may
be used if chemically modified by the use of lime, fly ash, or cement. The type and
amount of treatment shall be determined by a material testing lab approved by the City.
The chemically modified soil must meet all requirements of Section 2 above.
202.03 Construction Requirements.
a) General. Excavations and embankments shall be finished to smooth and uniform surfaces.
No excavation material shall be wasted without permission of the Engineer/ City Engineer.
Excavation and embankment operations shall be conducted without disturbing material outside
the staked construction limits. Before beginning excavation, grading, and embankment
operations, all necessary clearing, grubbing and top soil removal in that area shall be completed.
Excess or unsuitable excavated material, including topsoil, rock and boulders, shall be disposed
of at locations acceptable to the Engineer/ City Engineer. All approved surplus material shall be
used to uniformly widen embankments and flatten slopes within the Right-of-Way. Rocks and
boulders shall be covered with a minimum of one ( 1) foot of embankment material.
Demolition of old roadways shall include filling of all ditches and grading to restore the original
contour of the ground producing a pleasing appearance by forming natural, rounded slopes.
Removal and disposal of pavements and base courses shall be performed under Section 201.
b) Rock Excavation. Material classified as rock shall be excavated to a minimum depth of 6
inches and a maximum depth of 12 inches below proposed subgrade within the limits of the
roadbed. The excavation shall be backfilled and compacted with material designated in the
Contract or approved by the Engineer/City Engineer. Rock excavation removed in excess of 12
inches below subgrade will not be measured and paid for. Rock excavation backfill of the depth
in excess of 12 inches below proposed subgrade is at the Contractor’ s expense.
Undrained pockets shall not be left in the rock surface. Depressions shall be drained. Bore holes
shall be drilled along the slope line, maintaining the drill holes at the angle designated on the
plans and ensuring that all drill holes are in the same plane. The diameter, spacing, and loading
of presplit holes shall result in a neat break. The presplitting holes shall be drilled for the full
depth of the ledge. The initial presplitting of a geological formation shall be accomplished
utilizing a 100-foot test section. After drilling, loading, and shooting this test section, the
material shall be removed to determine if the diameter, spacing, and loading of the presplit holes
are adequate to give an acceptable backslope. If the results are determined to be acceptable, the
presplitting may continue throughout the geological formation using those methods and
procedures. If the presplitting is determined to be unsatisfactory, adjustments shall be made in
the spacing, diameter and loading of the presplit holes utilizing another 100-foot test section.
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City of Fayetteville
Presplitting holes shall be loaded with explosives as per the manufacturer’ s recommendations.
The cost of presplitting shall be included in the unit bid price for rock excavation.
c) Undercut Excavation. If and where directed by the Engineer/ City Engineer, unsuitable
material encountered at the proposed subgrade elevation shall be removed to the depth specified
or directed by the Engineer/ City Engineer and backfilled and compacted with approved off-site
material, in accordance with this section or in accordance with subsection 205, Stone Backfill as
indicated or directed. Excavation operations shall be conducted so necessary measurements can
be taken before replacing unsuitable material with approved backfill.
No payment will be made for this item if:
1) The contractor does not notify the Engineer/City Engineer of potential areas requiring
undercut before excavating these areas.
2) An area that was previously stable becomes unstable due to actions of the contractor.
These causes include, but are not limited to, ponding of water and construction traffic.
3) The Contractor does not allow the Engineer/City Engineer sufficient time to measure the
undercut excavation volume before placing backfill material.
In addition, no payment will be made to remove and replace any embankment material placed on
unsuitable soil that subsequently requires removal and replacement.
d) Embankment Construction. Embankment construction includes the preparation of the areas
where embankments are placed, placement and compaction of approved embankment material
for replacement of unsuitable material, and placement and compaction of embankment material
in all cavities and depressions within the roadway area.
Rocks, broken concrete, and other solid materials shall not be placed in embankment areas where
piling is to be placed or driven.
Benching shall be required when embankment is placed on hillsides or against existing
embankment with slopes that are steeper than 6-to-1 when measured at right angles to the
roadway and shall be continuously benched in loose lifts not to exceed 12 inches. Benching shall
be wide enough to permit the operations of placement and compaction equipment. All horizontal
cuts shall begin at the intersection of the ground line and the vertical side of the previous bench.
Existing slopes shall also be stepped to prevent wedging action of the embankment against
structures. Excavation from benching shall be compacted with the new embankment material and
the cost for benching and recompaction shall be included in the unit bid price for excavation.
When natural ground is within 4 feet of the subgrade, all sod and vegetable matter shall be
removed from the surface where embankment is placed. The cleared surface shall be completely
broken up by plowing, scarifying, or stepping to a minimum depth of 6 inches and shall then be
compacted to the specified embankment density. Sod not requiring removal shall be thoroughly
disked prior to embankment construction. Wherever a compacted road surface containing
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Standard Street and Drainage Specifications
granular material lies within 3 feet of the subgrade, the old road surface shall be scarified to a
minimum depth of 6 inches and compacted to the specified embankment density.
If embankment can only be placed on one side of abutments, wing walls, piers, or culvert
headwalls, compaction shall be accomplished without overturning of or placing excessive
pressure against the structure. The fill adjacent to the end bent of a bridge shall not be placed
higher than the bottom of the backwall until the superstructure is in place. When embankment is
placed on both sides of a concrete wall or box-type structure, the embankment shall be brought
up equally on both sides of the structure. Embankment that is adjacent to structures or
inaccessible to normal compaction equipment shall be placed in 4” loose lifts and compacted
with mechanical equipment to 95% of maximum density as determined by AASHTO T99.
Roadway embankment shall be placed in horizontal lifts not to exceed 8 inches ( loose
measurement) and compacted to the specified density before the next lift is placed. Spreading
equipment shall be used to obtain uniform lift thickness prior to compaction. As the compaction
progresses, leveling and manipulating shall be continuous to assure uniform density. Moisture
content shall be increased or decreased as necessary to obtain the required density and stability.
Construction equipment shall be routed uniformly over the entire embankment surface.
When the excavated material consists predominantly of rock too large to be placed in 8-inch lifts,
the material may be placed in thicknesses up to the average rock dimension not to exceed 3 feet.
Each lift shall be leveled and smoothed by distribution of spalls and finer fragments of earth.
Rock shall not be end dumped directly on the previously completed lift of embankment. Rock
shall be dumped in the lift of embankment being constructed and pushed into place. The lifts
shall not be constructed above an elevation 2 feet below the finished subgrade.
A minimum of 2 feet of compacted embankment shall be placed over structures before rock is
placed.
e) Moisture and Density Requirements. All lifts in embankment areas shall be compacted to
not less than 95 percent of the maximum density. The moisture content of the material shall be
uniformly increased or decreased to within 2% of optimum moisture content before compaction.
Maximum density will be determined using AASHTO T99 ( Standard Proctor). In-place field
density measurements shall be determined using AASHTO T 191, T233, or T 310.
Density requirements do not apply to portions of embankments constructed of materials such as
rock that cannot be tested by approved testing methods.
202.04 Method of Measurement.
a) Undercut and Backfill will be measured by the cubic yard of material placed and compacted
according to the specifications and as directed by the Engineer/ City Engineer. Measurements of
the excavated area will be taken by the Engineer/City Engineer after excavation and before
backfilling. The quantity of Undercut and Backfill will be measured as In Place quantities.
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Measurement for undercut will begin at subgrade elevation or one ( 1) foot below existing
ground, whichever is lower.
b) Rock Excavation will be measured by the cubic yard of rock in place actually removed
according to the specifications. Measurements taken after the rock is removed and before any
associated backfilling will be used to calculate rock excavation quantities.
c) Unclassified Excavation will not be measured and the plan quantity will be considered the
final quantity for purposes of final payment, unless changes to the original design are made. In
such case, the revised quantity shall be agreed upon prior to beginning any work associated with
the change.
d) Embankment and Select Embankment will not be measured and the plan quantity will be
considered the final quantity for purposes of final payment, unless changes to the original design
are made. In such case, the revised quantity shall be agreed upon prior to beginning any work
associated with the change.
202.05 Basis of Payment. Quantities of earthwork completed, accepted and measured as
provided above will be paid for at the Contract Price bid as follows:
a) Undercut Excavation shall be paid for at the Contract Price bid per cubic yard ( CY) for
Undercut and Backfill. Said price shall be full compensation for excavation, disposal, furnishing,
hauling, placing, and compacting approved off-site material according to the plans and
specifications. This price shall not include final compaction and finish grading to subgrade
elevation. Final compaction and finish grading will be paid for under the item “ Subgrade
Preparation.”
b) Rock excavation shall be paid for at the Contract Price bid per cubic yard ( CY) for Rock
Excavation. Said price shall be full compensation for rock removal and disposal to the lines and
depths shown on the plans and according to these specifications, and for furnishing, hauling,
placing, and compacting approved material in the excavated area as required.
c) All earthwork not paid for under other items will be paid for under the separate items ( 1)
Unclassified Excavation or (2) Embankment as follows:
1) Excavation shall be paid for at the Contract Price bid per cubic yard (CY) for Excavation.
Said price shall be full compensation for excavation, hauling off, and disposal of all
materials on the project that are not required for completion of the project; and any other
excavation, grading or other miscellaneous earthwork items not included in other items of
work. The plan quantity will be considered the final quantity for purposes of final
payment, unless changes to the original design are made.
2) Embankment shall be paid for at the Contract Price bid per cubic yard ( CY) for
Embankment. Said price shall be full compensation for placement of materials on the
jobsite, whether from on-site or off-site sources, to establish the lines and grades shown
on the plans; placement of embankment as backfill for excavated areas to 1 foot below
existing ground in roadway areas; and any other embankment, grading or other
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Standard Street and Drainage Specifications
miscellaneous earthwork items not included in other items of work. The plan quantity
will be considered the final quantity for purposes of final payment, unless changes to the
original design are made.
Pay Item Pay Unit
Undercut and Backfill CY
Rock Excavation CY
Unclassified Excavation CY (Plan Quantity)
Select Embankment CY ( Plan Quantity)
Embankment CY (Plan Quantity)
Section 203. Subgrade Preparation
203.01 Description. This work consists of preparing the subgrade for placement of the base
course, curb and gutter, and asphalt courses. The intent of this specification is to provide a stable
subgrade consisting of approved material compacted as specified.
203.02 Materials. Materials not specified.
203.03 Construction Requirements. Material at subgrade will receive one or a combination
of the following treatments as directed by the Engineer/City Engineer:
a) Unsuitable material will be excavated to a depth as directed by the Engineer/City Engineer,
disposed of, and replaced with off-site material approved by the Engineer/ City Engineer. This
material shall be placed and compacted to conform to Subsection 202.03.
b) If the material is acceptable for use as subgrade material, the subgrade will be scarified to a
depth of 8 inches and recompacted to conform to Subsection 202. 03 of these Specifications.
c) In areas requiring fill to achieve subgrade elevation, the subgrade shall consist of approved
on-site or off-site material meeting the requirements of Subsection 202.02 and compacted in
accordance with Subsection 202. 03 of these Specifications.
The subgrade shall be shaped for its full width to the required grade and cross section. The
finished subgrade shall not vary at any point by more than .02 foot from the prescribed elevation.
Finished sections damaged by construction operations shall be corrected by the contractor at no
cost to the City.
203.04 Method of Measurement. Measurement for this item will be as follows:
a) Excavation and backfill of any areas of subgrade requiring undercut will be measured as
specified in Section 202. 04.
b) Subgrade Preparation will be measured by the square yard. Measurement will include all
subgrade area including areas up to 1’ behind proposed back of curbs or to the edge of the
roadway pavement where curb is not specified. Measurement will include areas of undercut,
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City of Fayetteville
areas that receive scarification and recompaction of existing acceptable material, and areas where
fill material is required to achieve subgrade elevation. The plan quantity will be considered the
final quantity for purposes of final payment, unless changes to the original design are made. In
such case, the revised quantity shall be agreed upon prior to beginning any work associated with
the change.
c) Fill material required to achieve subgrade elevation will be measured as specified in Section
202.4.
203.05 Basis of Payment. Quantities of earthwork completed, accepted and measured as
provided above will be paid for at the Contract Price bid as follows:
a) Undercut Excavation shall be paid for as stated in Section 202. 5a. This price shall not include
final compaction and finish grading to subgrade elevation. Final compaction and finish grading
will be paid for under the item “ Subgrade Preparation.”
b) Subgrade preparation will be paid for at the Contract Price per square yard ( SY) for Subgrade
Preparation. Said price shall be full compensation for scarification (if required), compaction, and
finish grading of subgrade areas.
Pay Item Pay Unit
Subgrade Preparation SY (Plan Quantity)
Section 204. Select Grading and Topsoil
204.01 Description. This work consists of excavating, placing, and compacting material
between the back of the roadway curb and the limits of the work. It also includes grading and
placing topsoil in this area or other disturbed areas.
204.02 Materials.
a) General. Material used for backfilling curbs and grading for sidewalk shall be free of trash,
organics, and other deleterious materials.
b) Topsoil. Topsoil may be obtained from sources outside the right-of-way limits or from areas
within the project limits that will be occupied by cuts and/or embankments. When topsoil is
furnished from sources outside the right-of-way, the Contractor shall be responsible for locating
and obtaining the material and for performing all work, including erosion control, prevention of
water pollution, and restoration, according to the specifications. The cost of such work will be
considered included in the contract unit price bid for Topsoil Furnished and Placed. At the
request of the City, the Contractor shall furnish copies of agreements with the property owners.
Topsoil shall be good quality, fertile, friable, surface soil and consist of loamy sand, sandy loam,
clay loam, or sandy clay loam and shall be clean, rich, dark soil that contains adequate organic
material. River sand will not be accepted as topsoil. Topsoil shall be reasonably free from
subsoil, slag, weeds, grasses, roots, or stones greater than:
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Standard Street and Drainage Specifications
1) 1/4 inch for residential/ commercial lawn areas, garden areas, or landscaped areas, or;
2) 1 inch for all other areas.
Topsoil shall have a pH suitable for intended use areas. Topsoil shall be obtained only from
naturally well-drained sites where topsoil occurs in depths greater than 4”. Topsoil shall not be
obtained from bogs, marshes or steep clayey slopes. Topsoil shall not be stripped, collected, or
deposited while wet.
In no case shall topsoil be excavated more than 12” from the original ground level. Brush and
other vegetation that will not be incorporated with the soil during handling operations shall be
cut and removed. Ordinary sods and herbaceous growth, such as grass and weeds, shall not be
removed but shall be thoroughly broken up and intermixed with the soil during handling
operations.
204.03 Construction Requirements.
a) Curb Backfill and Grading. After curbs have set sufficiently, they shall be backfilled with
approved material and graded so that no ponding will occur. Areas on which sidewalk or
driveways are to be constructed shall be compacted to 90% of maximum density as measured by
AASHTO T99 or ASTM D698 (Standard Proctor).
Upon completion of the construction of sidewalks, driveways, and other items of construction
within the construction limits, all areas to receive topsoil shall be excavated, graded, backfilled
and compacted as necessary to remove all depressions, ridges, soft areas, waste concrete, and
other items that will interfere with placement of the topsoil layer. All slopes shall be excavated to
a maximum slope of 1 vertical foot in 3 horizontal feet unless otherwise noted in the plans or
directed by the Engineer.
b) Topsoil Placement. After the areas to receive topsoil have been prepared to the satisfaction
of the Engineer/City Engineer, topsoil placement may begin.
Topsoil shall be placed on all earth areas to a minimum depth of 4 inches unless shown
otherwise on the plans or directed by the Engineer/ City Engineer. Topsoil shall be graded to
within 1 inch of finished elevation, and lightly compacted. Before placing seed all topsoiled
areas shall be lightly scarified and raked to remove rocks, sticks, roots, and other undesirable
materials as outlined in Section 204.02b.
204.04 Method of Measurement.
a) Curb Backfill and Grading. Backfilling of curbs and grading of areas between the back of
curb and the construction limits will not be measured and is considered subsidiary to excavation
and embankment items.
b) Topsoil. Topsoil furnished and placed will be measured by the square yard based on the
location. Measurement will be made to the permanent street right-of-way or permanent easement
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City of Fayetteville
or to the toe or top of slopes as shown on the plans. Areas outside these limits disturbed by the
Contractor restored in accordance with these Specifications at no cost to the City.
204.05 Basis of Payment. Quantities completed, accepted, and measured as provided above
will be paid for at the Contract Price bid as follows:
a) Topsoil will be paid for at the unit price bid per square yard ( SY). Said price shall be full
compensation for excavating, stockpiling, hauling, placing, grading, and all other labor, tools,
and equipment to provide a layer of topsoil in accordance with the specifications.
Pay Item Pay Unit
4” Topsoil Placement (Yard Areas) SY
4” Topsoil Placement ( Other Areas) SY
Section 205. Undercut and Stone Backfill
205.01 Description. This item shall consist of excavation and disposal of unsuitable materials
and furnishing, hauling, placing, spreading, consolidating and compacting stone materials as
specified at locations designated on the Plans or as designated by the Engineer/City Engineer.
If and where directed by the Engineer/City Engineer, unsuitable material encountered at the
proposed subgrade elevation shall be removed to the depth specified or directed by the
Engineer/City Engineer and backfilled with Stone Backfill as further defined herein.
205.02 Materials.
a) Stone Backfill. Stone for Stone Backfill shall be hard, durable, crushed stone aggregate, as
manufactured by local quarries, ranging in size from 11/ 2” ( 40mm) minimum to 6” ( 150mm)
maximum. Stone Backfill shall not contain more than 5% by weight of shale, slate or other
deleterious matter. The stone shall be uniformly graded and the amount passing the 11/2” ( 37.5
mm) sieve shall be not more than 10% by weight.
b) Aggregate Base Course Cap. When backfilling with Stone Backfill to subgrade elevation,
or to an elevation below subgrade when directed by the Engineer/ City Engineer, the top 4” to 6”
100 mm to 150 mm) shall be material complying with subsection 401, “ Aggregate Base
Course” for Class 7 Aggregate Base Course.
205.03 Construction Requirements.
a) Excavation. Excavation operations shall be conducted so necessary measurements can be
taken before replacing unsuitable material with approved backfill.
b) Stone Backfill. The area shall be excavated and the Stone Backfill shall be placed within the
limits shown on the Plans or as designated by the Engineer/ City Engineer. The excavated
materials shall be disposed of by the Contractor in compliance with these Specifications. The
stone may be dumped into the areas undercut without regard to depth of layer. The stone shall be
spread, shaped, and consolidated to the line and grade determined in the field by the Engineer to
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Standard Street and Drainage Specifications
provide a firm and unyielding foundation for the subgrade and/ or subbase course and/ or base
course.
c) Aggregate Base Course Cap. The Class 7 Aggregate Base Course Cap shall be compacted
per the requirements of subsection 401, “ Aggregate Base Course”.
205.04 Method of Measurement.
a) Undercut and Stone Backfill will be measured by the ton of material placed and consolidated
or compacted according to the specifications and as directed by the Engineer/City Engineer.
Measurements of the excavated area will be taken by the Engineer/ City Engineer after
excavation and before backfilling. The quantity of Undercut and Backfill will be measured as In
Place quantities. Measurement for undercut will begin at subgrade elevation or one ( 1) foot
below existing ground, whichever is lower.
b) Aggregate Base Course Cap shall not be measured for separate payment but shall be
measured and paid for as Stone Backfill.
205.05 Basis of Payment.
a) Undercut Excavation and Stone Backfill shall be paid for at the Contract Bid Price per ton for
Undercut and Stone Backfill. Said price shall be full compensation for excavation and disposal
of unsuitable material; for furnishing, hauling, placing, shaping and consolidating or compacting
material according to the plans and specifications; and for all labor, equipment, tools, and
incidentals necessary to complete the work. Excavation and backfill authorized by the
Engineer/City Engineer that is in excess of the volume occupied by the Stone Backfill will be
measured and paid for under the appropriate subsections of these Specifications for the
appropriate classifications of material.
b) No payment will be made for this item if:
The contractor does not notify the Engineer/City Engineer of potential areas requiring undercut
before excavating these areas.
An area that was previously stable becomes unstable due to actions of the contractor. These
causes include, but are not limited to, ponding of water and construction traffic.
The Contractor does not allow the Engineer/City Engineer sufficient time to measure the
undercut excavation volume before placing backfill material.
In addition, no payment will be made to remove and replace any embankment material placed on
unsuitable soil that subsequently requires removal and replacement.
Pay Item Pay Unit
Undercut and Stone Backfill Ton
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DIVISION 300. STORM DRAINAGE
Section 301. Storm Drainage Pipe
301.01 Description. This work consists of the construction or reconstruction of pipe culverts,
including excavation and backfill of storm sewer trenches.
301.02 Materials. All materials supplied under the requirements of this section shall meet the
requirements of Section 606 of ARDOT Specifications. All reinforced concrete pipe shall be
Class III unless otherwise shown on the Plans or directed in the Specifications. Sizes and gauges
of corrugated metal pipe shall be as shown on the plans.
301.03 Construction Requirements.
a) General. Unsuitable material excavated for storm sewer placement shall be disposed of
under Subsection 202.03(a). Suitable surplus excavated material shall be used in the construction
of embankments. Unsuitable excavated material below the designed bottom of pipe elevation
shall be replaced and compacted using approved material. Rock, hardpan, and other unyielding
material shall be excavated below the designed grade for a depth of 6 inches minimum and 8
inches maximum. This extra depth excavation shall be backfilled with approved bedding
material. Trenches shall be excavated to a minimum width that allows for proper jointing of the
pipe and compaction of backfill material under and around the pipe. The completed trench
bottom shall be firm for its full length and width.
b) Bedding. All storm sewer pipe shall be bedded with a minimum of 4 inches of approved
granular material. Bedding shall be placed to the required depth and shaped to conform to the
bottom configuration of the pipe.
c) Laying Pipe. Pipe placement shall begin at the downstream end. Pipe shall be in contact with
the shaped bedding throughout its full length. Bell or groove ends of concrete pipe and outside
circumferential laps of flexible pipe shall be placed facing upstream. Flexible pipe shall be
placed with longitudinal laps or seams at the sides.
Paved or partially lined pipe shall be laid so the longitudinal centerline of the paved segment
coincides with the flow line. Elliptical pipe shall be installed so the orientation of a vertical plane
through the longitudinal axis of the conduit does not vary more than 5 degrees from the design
orientation.
Pipe that is not in true alignment or that shows settlement after placement shall be removed and
re-laid at no cost to the City.
d) Joining Pipe. The method of joining pipe sections shall be such that the ends are fully
entered and the inner surfaces are reasonably flush and even.
Pipe protruding through structure walls shall be cut off flush with the inside face of wall and
grouted.
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Standard Street and Drainage Specifications
All surfaces of the joint upon or against which joint seal gaskets may bear shall be smooth, free
of spalls, cracks, fractures, and imperfections that would adversely affect the performance of the
joint. A primer shall be applied if recommended by the manufacturer.
When preformed rubber gasket is selected by the Contractor, the gasket shall be the sole element
depended upon to make the joint flexible and watertight. The gasket shall be a continuous ring
that fits snugly into the annular space between the overlapping surfaces of the assembled pipe
joint to form a flexible watertight seal.
The gasket shall not be stretched more than 30% of its original circumference when seated on the
spigot or tongue end of the pipe.
When bitumen/ butyl plastic gasket is selected by the Contractor, the following procedure shall be
used. The protective wrapping shall be removed from one side of the gasket. The gasket shall be
pressed firmly to the vertical shoulder of the pipe joint, end to end continuing around the entire
circumference of the joint. The remaining protective wrapping shall be removed and the pipe
forced into connection until material fills the joint space.
For either type of gasket used and to ensure an even and well filled joint, the final joining of the
pipe shall be accomplished by either pushing or pulling, by approved mechanical means, each
joint of the pipe as it is laid. In cold weather, when directed, the joint material shall be warmed in
a hot water bath, or by other approved methods, to the extent required to keep the material
pliable for placement without breaking or cracking.
e) Backfilling. The pipe shall be backfilled with bedding material in 4-inch compacted lifts to
the springline. Pipe placed under roadways or driveways will then be backfilled with aggregate
base material meeting the requirements of Section 401 placed in 4-inch lifts compacted to 95%
of maximum density near optimum moisture as determined by AASHTO T180 or ASTM D1557.
Flowable fill in accordance with these specifications may be used as an alternate to the aggregate
base material. For the purpose of this section, roadway shall be defined as back of curb to back
of curb.
All other areas shall be backfilled with material free from lumps or clods placed in layers not to
exceed 6” at or near optimum moisture content and compacted with mechanical equipment to
90% of the maximum density, as determined by AASHTO T 99 or ASTM D698, to the limits
shown on the plans. Pipe damaged during construction operations shall be replaced at no cost to
the City.
When the existing material excavated for the pipe trench is declared by the Engineer/ City
Engineer as unsuitable for pipe backfill, this material shall be placed at other locations on the job
and used to backfill behind curbs and/ or placed on the fill slopes. If the Engineer/ City Engineer
determines that no suitable location exists on the job to utilize this material, the Engineer/City
Engineer may approve the material to be wasted at an appropriate location outside the job limits.
Material declared unsuitable for backfill shall be replaced with suitable material from roadway
excavation and/ or off-site sources.
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f) Curtain walls for Flared End Sections. The foundation for curtain walls shall be prepared to
the required depth. For cast-in-place curtain walls, the forming, placement of reinforcing steel,
and placement, finishing, and curing of concrete shall be according to the applicable
requirements of subsections 601’ “ Cast-in-Place Concrete” and 602, “ Reinforcing Steel”. Precast
curtain walls shall be installed according to the applicable requirements for laying concrete pipe.
Curtain walls shall not be measured for separate payment but shall be included with and
subsidiary to Flared End Sections.
g) Temporary Repairs for Roadway Cuts. All roadway cuts shall be temporarily or
permanently repaired in accordance with Section 405, “ Asphalt Concrete Patching For
Maintenance of Traffic” within 24 hours of the completion of trench backfill for the work, or
segment of work, which required the excavation and/or cut.
301.04 Method of Measurement. Storm drainage pipe of the type and size specified will be
measured by the linear foot ( LF) measured parallel to the flowline of the pipe. Where inlets,
junction boxes, or other structures are included in lines of pipe, that length of pipe extending to
and flush with the inside of the structure wall will be included for measurement but no other
portion of the structure length or width will be so included. Whenever possible, the lengths
shown on the plans may be adjusted by the Engineer/ City Engineer to accommodate the pipe
lengths available from the supplier that most nearly match the plan lengths. Flared end sections
for pipe culverts will be measured by the unit and will include the curtain wall, complete in
place.
301.05 Basis of Payment. Work completed, accepted, and measured as provided above will
be paid for at the Contract Price bid as follows:
a) Pipe will be paid for at the unit price per linear foot (LF) for each type and size of pipe and
type of backfill specified; which price shall be full compensation for furnishing, hauling, and
installing the pipe; for material including joint filler for concrete pipe and connection bands for
metal pipe; for excavation and backfilling, including Class 7 base as required, and for all other
labor, tools, and equipment necessary to complete the work.
b) Flared End Sections ( FES) will be paid for at the unit price per each ( EA) for the type and
size of the flared end section specified; which price shall be full compensation for furnishing,
hauling, and installing the flared end sections; for material including joint filler for concrete pipe
and connection bands for metal flared end sections; for curtain walls complete in place; for
excavation and backfilling, including compacted backfill, and for all other labor, tools, and
equipment necessary to complete the work.
Payment will be made under:
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Standard Street and Drainage Specifications
Pay Item Pay Unit
18” Reinforced Concrete Pipe Class III LF
15” Reinforced Concrete Pipe Class III LF
Under Pavement)
12” Aluminized Corrugated Metal Pipe LF
Under Pavement)
Section 302. Drop Inlets and Junction Boxes
302.01 Description. This item shall consist of the construction of drop inlets, junction boxes,
and drop inlet extensions with rings and covers or grates and frames.
302.02 Materials.
a) All concrete for this section shall conform to the requirements for Class 1 Concrete as
provided in Section 601.
b) Reinforcing steel shall conform to the requirements of Section 602.
c) Steel for welded steel grates and frames shall conform to the requirements of ASTM A 36.
d) Iron castings for rings and covers, grates and frames, and other appurtenances shall conform
to the requirements of ASTM A 48, Class 30A. Bearing surfaces between rings and covers or
grates and frames shall be cast or machined with such precision that uniform bearing shall be
provided throughout the perimeter area of contact. Castings shall be of the weight shown on the
plans. Minimum weight of ring and lid shall be 275 pounds. The lid shall include the standard
City of Fayetteville logo according to the Standard Details.
e) Precast concrete units of the type, size, and designation shown on the plans may not be used
unless written permission is given by the City. Precast units shall be subject to the requirements
of AASHTO M 199. Units so manufactured must be certified by a professional engineer
registered in the State of Arkansas that they have been designed and manufactured according to
AASHTO M199 and that they meet the requirements for HS20 loading. Joint materials shall
conform to Subsection 301.02.
f) Curing Materials. Curing materials shall meet the requirements of Subsection 601.15.
302.03 Construction Requirements. Drop inlets, junction boxes, and drop inlet extensions
shall be constructed with either reinforced or non-reinforced concrete, as shown on the plans.
Concrete shall not be placed until the Engineer/City Engineer has inspected the forms and the
placement of reinforcing steel and rings or frames.
Round monolithic drop inlets may have the floors cast monolithically with the walls. All other
concrete floors shall be placed at least 24 hours before beginning construction of the walls. A
longer period of time may be required if weather conditions make it necessary.
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When completed, the concrete shall be cured as specified in Subsection 601. 15.
Walls shall be constructed to form a tight joint with the floor and around the inlet and outlet
pipes. Pipes shall be cut flush with the inside surfaces of the wall.
Utility lines that are carried through the walls shall be protected in an approved manner to avoid
damage.
Faces of drop inlets and drop inlet extensions shall be placed as a part of the curb in order to
preserve the proper alignment.
Precast concrete drop inlets or junction boxes may be used only by special permission of the
City. Inlet and extension tops and throats will be cast-in-place with no exceptions.
Precast reinforced concrete drop inlet or junction box sections shall be carefully set with joints
conforming to the requirements of Subsection 301.03(d).
Metal rings or frames shall be set accurately to the finished elevations so that no subsequent
adjustments will be necessary. They shall be set in a full mortar bed with firm bearing on the
walls or securely fastened to the forms so that no movement will occur when concrete is placed
around them.
Welded steel grates and frames shall be welded with ¼” fillet welds, and painted in accordance
with the plans.
302.04 Backfilling. Backfill around inlets and junction boxes shall be with approved material
as defined in the following paragraphs. Backfilling of inlets and junction boxes shall not begin
until results of concrete cylinder tests demonstrate that concrete has reached 75% of specified
strength. Backfill material shall be placed in layers not to exceed 4” in depth and shall be
compacted to 98% of maximum density as measured by AASHTO T 99 for soil materials or by
AASHTO T 180 for aggregate base materials.
All structures or parts of structures that fall within the limits of the roadway ( defined as
centerline to 1’ behind the backs of curbs) shall be backfilled with aggregate base material unless
otherwise allowed in writing by the Engineer/ City Engineer.
Structures in other areas shall be backfilled with approved material provided from on-site or off-
site areas.
Structures shall be cleaned of any accumulation of silt, debris, or foreign matter of any kind, and
shall be reasonably free of such accumulations at the time of final inspection.
302.05 Method of Measurement. Drop inlets, junction boxes, and drop inlet extensions will
be measured by the unit. One drop inlet extension unit is measured at a 4’ length. Each unit shall
consist of the concrete frame, the ring and grate, and any pipe required to form the vertical
portion of the drain including a standard elbow or tee.
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Standard Street and Drainage Specifications
302.06 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid each for Drop Inlets, Drop Inlet Extensions, or
Junction Boxes, of the size and type specified, which price shall be full compensation for
constructing drop inlets, drop inlet extensions, or junction boxes; for furnishing, installing, and
painting (if required), of rings and covers or grates and frames; for excavation and backfill; and
for all materials, labor, tools, equipment, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
3’x3’) Drop Inlet (Type C) EA
4’ x4’) Drop Inlet ( Type C) EA
5’x4’) Drop Inlet (Type C) EA
4’) Drop Inlet Extension EA
Section 303. Concrete Box Culverts
303.01 Description. This work consists of constructing reinforced concrete box culverts, in
accordance with the details shown on the plans, and to the lines, grades, and dimensions shown
on the plans. This work also includes associated wingwalls and aprons at the ends of the box
culvert.
303.02 Materials. Concrete for reinforced concrete box culverts shall be Class 1 in accordance
with Section 601 unless specified otherwise. Reinforcing steel shall be in accordance with
Section 602. Precast concrete box culverts shall be subject to the requirements of AASHTO M
259-98 and AASHTO M 273-00. Units so manufactured must be designed and certified by a
professional engineer registered in the State of Arkansas that the precast culvert( s) have been
designed and manufactured according to AASHTO M 259-988 and/or AASHTO M 273-00 for
the site-specific conditions and the requirements for minimum HS20 live load.
303.03 Construction Requirements. Concrete box culverts shall be constructed on firm,
unyielding material. Unsuitable material found at the planned elevation of the box bottom shall
be removed and replaced with material acceptable to the Engineer/City Engineer to provide an
adequate foundation for construction of the box culvert. No concrete shall be placed before
approval of the subgrade by the Engineer/City Engineer.
Reinforcing steel and concrete for box culverts shall be provided and placed in accordance with
Sections 601 and 602 and as detailed on the plans. All concrete shall be placed in the dry unless
otherwise directed by the Engineer/City Engineer.
Precast box culverts shall be placed in accordance with Section 301.03.
Backfill material placed within the roadway limits (defined as centerline of roadway to 1’ behind
the back of curb) or under driveways and parking lots shall be ARDOT Class 7 aggregate base
material or gravelly clay material, generally known as “ hillside”. Aggregate base shall be placed
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City of Fayetteville
in layers not to exceed 4” loose depth and shall be compacted to 95% of maximum density as
determined by AASHTO T 180 or ASTM D1557. “ Hillside” material shall be placed in layers
not to exceed 8” loose depth and shall be compacted to 95% of maximum density as determined
by AASHTO T 99 or ASTM D698.
Backfill material placed in other areas shall be “ hillside” material or other material that may be
approved by the Engineer/ City Engineer. Backfill in these areas shall be placed in layers not to
exceed 8” loose depth and shall be compacted to 90% of maximum density as determined by
AASHTO T 99 or ASTM D698.
No backfill shall be placed against box culvert walls or on box culvert tops until the concrete has
cured for 14 days and until test cylinders show that the minimum specified strength has been
obtained.
Backfill shall be placed and compacted on both sides of the box culvert simultaneously.
Structures shall be cleaned of any accumulation of silt, debris, or foreign matter of any kind, and
shall be reasonably free of such accumulations at the time of final inspection.
303.04 Method of Measurement. Measurement will be by one of the following methods as
detailed below. The method to be used will be stated in the bid form.
a) Lump Sum Method. No measurement will be made for this item. Payment will be on a lump
sum basis.
b) Unit Price Method. Concrete box culverts will be measured by the linear foot (LF) of box
culvert constructed. Measurement will be taken at the centerline of the box culvert. Wingwalls,
headwalls, and other appurtenances will not be measured under this item but will be considered
as a separate lump sum item.
303.05 Basis of Payment.
a) Lump Sum Method. Payment using this method will be on a lump sum basis. The lump sum
price shall include all labor, materials, equipment, and incidentals necessary to completely
construct each box culvert. Payment shall also include construction of all wingwalls, headwalls,
and other appurtenances, as shown on the plans, excavation, backfill, and over excavation as
necessary to provide a stable subgrade for box culvert construction.
b) Unit Price Method. Payment using this method will be made at the per linear foot price ( LF)
for box culvert completed, accepted and measured as provided above. The per lineal foot price
shall include all labor, materials, equipment, and incidentals necessary to completely construct
each box culvert. Payment shall also include excavation, backfill, and over excavation as
necessary to provide a stable subgrade for box culvert construction. This per linear foot price
shall not include construction of headwalls, wingwalls, and other appurtenances. They will be
paid on a lump sum basis for each box culvert.
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Standard Street and Drainage Specifications
Payment will be made under:
Pay Item Pay Unit
Size) Cast-in-Place Concrete Box Culvert LS or LF
Size) Precast Concrete Box Culvert LS or LF
Wingwalls & Appurtenances LS
Section 304. Vacant
Section 305. Open Channels
305.01 Description. This work consists of construction of open channels, including earthen
and concrete channels.
305.02 Channel Excavation. Channels shall be excavated to the lines and grades shown on
the plans. All constructed grades and slopes shall be within ± 0.1 feet of the plan grade. Ponding
or standing water in the constructed channel will not be allowed.
305.03 Earthen Channel Finishes. Earthen channels shall receive a 4” minimum layer of
topsoil meeting the requirements of Section 204. Topsoil shall be firmly compacted, then the
surface scarified in preparation for seed or sod. All rocks and clods larger than 1 inch in diameter
shall be removed before seeding or sodding operations begin. Seeding or sodding as specified on
the plans shall be accomplished according to the requirements of Section 505. Erosion control
fabric, if specified, shall be placed according to manufacturer’ s specifications. Fabric shall be of
the type specified unless an alternate type is approved in writing by the City. The Contractor
shall submit a sample of the alternate fabric type along with specifications before such approval
is granted.
305.04 Concrete Ditch Paving.
a) Materials. Concrete for ditch paving shall be Class 1 concrete in accordance with section
601.
b) Construction Requirements.
1) Subgrade. The subgrade shall be excavated or filled to the required grade. Soft and
yielding material shall be removed and replaced with suitable material and the entire
subgrade shall be thoroughly compacted.
2) Forms. Forms shall be constructed of metal or wood, free from warp, and of sufficient
strength to resist springing during the process of depositing concrete. They shall be
securely staked, braced, set, and held firmly to the required line and grade. Forms shall be
cleaned and oiled before concrete is placed against them.
3) Placing and Finishing. The concrete shall be deposited in the forms upon a wetted
subgrade to such depth that when it is compacted and finished, the flow line shall be at
the required elevation and the sides at required widths, slopes, and thicknesses. The
concrete shall be thoroughly compacted and the edges along the forms spaded to prevent
honeycomb. The flow lines and sides shall be struck off with a straightedge and tamped
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City of Fayetteville
sufficiently to flush mortar to the surface, after which it shall be finished with a wood
float to a smooth and even surface. Edges shall be rounded with a ¼” edger.
Transverse joints ¼” wide shall be tooled or sawed perpendicular to the flow line at
intervals not greater than 15’ measured longitudinally along the flow line. Joints shall
continue across the bottom and up the slope to form a continuous joint. 3” diameter
weepholes shall be spaced at 10’ intervals along the channel. These weepholes shall be
constructed in both channel walls a minimum of 6 inches and a maximum of 1 foot above
the channel flowline. Weepholes will not be required if the channel wall is less than 1’
tall.
When completed, the concrete shall be cured as specified in Section 601.
4) Backfilling. Immediately after the forms have been removed, the spaces on each side of
the paving shall be backfilled with suitable material and compacted with mechanical
equipment. Solid sodding shall be placed in conjunction with backfill when provided on
the plans.
5) Expansion Joints. When a section of ditch paving terminates at a drop inlet or other
structure, a space not less than ½” wide shall be left between the end of the paving and
the structure. This space shall be filled with joint filler conforming to the requirements of
AASHTO M 213. Expansion joints shall also be placed between successive placements
or as directed by the Engineer/ City Engineer
6) Placement on Slopes. Slope paving shall begin at the toe of the slope and be constructed
to the lines and dimensions as shown on the plans or as directed.
7) Toewalls. Concrete toewalls shall be constructed at the ends of all paved channels that do
not terminate at a concrete structure. Toewalls shall be a minimum of 8” thick and 3’
deep below the flowline of the channel, and shall be placed monolithically with the
concrete channel.
305.05 Method of Measurement.
a) Excavation for earthen or concrete channels shall be measured by the cubic yard ( CY) of
material removed. Quantities will be measured by cross sections taken before and after
excavation operations. Payment for plan quantity of channel excavation will be made unless a
change in the channel profile or cross section is made.
b) Concrete channels will be measured by the square yard (SY) of concrete placed.
c) Erosion control fabric will be measured by the square yard (SY) of area covered by fabric.
Overlaps, splices, and other additional fabric required for proper placement of fabric according
to manufacturers’ specifications will not be measured.
305.06 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price per square yard for concrete channels and per square
yard for erosion control fabric. Said price shall be full compensation for placement and finishing
of concrete as specified, placement of erosion control fabric per manufacturer’ s specifications,
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Standard Street and Drainage Specifications
and all other labor, equipment, and materials necessary for a complete installation of each item
as detailed on the plans.
Excavation will be paid on a CY basis. The plan quantity will be considered the final quantity for
purposes of final payment, unless changes to the original design are made. Payment for
excavation shall include excavation and removal of material as required, grading to proposed
elevations, and all other items of work required to prepare proposed channel areas for concrete or
topsoil as required. Topsoil, seeding, and sodding as specified or shown on the plans will be paid
for under other items of work.
Payment will be made under:
Pay Item Pay Unit
Channel Excavation CY (Plan Quantity)
Concrete Channel Paving SY
Erosion Control Fabric SY
Section 306. Filter Blanket and Riprap
306.01 Description. This item consists of a protective layer of riprap, including filter blanket.
306.02 Materials. Stone for riprap shall be from an approved source and shall consist of a
durable material with a percent of wear not greater than 45 by the Los Angeles Abrasion Test
AASHTO T96). Riprap stone shall have angular or fractured faces, and shall not weigh less than
140 pounds per cubic foot.
Riprap stone shall be well graded to produce a minimum of voids. The maximum size of each
piece shall be no greater than 18” in any dimension, and approximately 50% of material shall
consist of pieces weighing 35 pounds or more.
Filter blanket material shall consist of crushed stone reasonably well graded from coarse to fine
as approved by the Engineer/ City Engineer, or shall be a synthetic geotextile filter fabric meeting
the requirements of AASHTO M288 for Erosion Control Class A.
306.03 Construction Requirements.
a) General. Prior to placing filter blanket and riprap, the slopes shall be shaped as shown on the
plans. When rock or hard shale is encountered at the toe of the slope, the riprap shall be keyed
into this material the depth of the riprap.
Riprap shall be placed immediately following construction of the embankment in order to
provide slope protection.
b) Filter Blanket. Granular filter blanket material shall be spread uniformly on the previously
prepared and approved surface to the thickness and location shown on the plans. Placement of
the material by methods that will cause segregation or cause damage to the surface will not be
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City of Fayetteville
permitted. Compaction of filter blanket will not be required, but it shall be finished to present a
reasonably even surface free from mounds or windrows.
When fabric is used in lieu of granular material, it shall be placed directly on the prepared
surface. Fabric sections may be placed vertically or horizontally on the slope. Adjacent fabric
sections shall be joined by overlapping a minimum of 2’ at the edges and pinning the overlapped
strip with U-shaped wire pins, single shaped steel pins with metal disc heads, or similar
fasteners. The fasteners shall be 6” or more in length and shall hold the fabric firmly in place.
Fasteners shall be inserted through both strips of overlapped fabric at intervals of approximately
4’ along the overlap. Additional pins shall be installed as necessary to prevent displacement of
the fabric.
Fabric shall be overlapped in the direction of water flow. The fabric shall be turned down and
buried approximately 12” at the exterior limits.
No construction equipment will be permitted directly on the fabric.
c) Dumped Riprap. Stone or broken concrete for dumped riprap shall be placed in such a
manner as to produce a reasonably well graded mass of rock with the minimum practicable
percentage of voids and shall be constructed to the lines and grades shown on the plans or as
directed by the Engineer/ City Engineer. Unless otherwise specified, the minimum rip-rap depth
shall be 18 inches. Material shall be placed in such a manner as to avoid displacing the
underlying material. The larger pieces shall be well distributed throughout the entire mass and
the finished riprap shall be free from objectionable pockets of small or large pieces. Hand
placing, to a limited extent, may be required, but only to the extent necessary to secure the results
specified above. Placing riprap by dumping into chutes or by similar methods likely to cause
segregation of various sizes will not be permitted.
Riprap stone shall not be deposited in a manner that will cause damage to the filter blanket. Any
damage to fabric during placement of riprap shall be corrected by the Contractor at no cost to the
City prior to proceeding with the work. Damaged fabric shall be repaired by placing a piece of
fabric large enough to cover the damaged area, overlapping, and pinning in accordance with this
section.
306.04 Measurement and Payment. Quantities of 18” thick rip-rap will be measured by the
square yard (SY). Filter blanket will not be measured.
Payment for quantities of rip-rap completed and accepted and measured as provided above will
be paid for at the unit contract price bid per square yard. Said price shall be full compensation for
excavation and grading, placement of filter fabric, and placement of the rip-rap to the lines,
grades, and depth specified.
Payment will be made under:
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Standard Street and Drainage Specifications
Pay Item Pay Unit
Rip Rap SY
Section 307. Flowable Select Material
307.01 Description. This item shall consist of the furnishing, mixing, and placing a flowable
mixture of portland cement, fly ash, sand, and water for backfilling bridge abutments, pipe
culverts, box culverts, structural plate pipe and arches, or other uses as approved by the
Engineer/City Engineer. The material shall be placed in close conformity with the lines, grades,
dimensions, and details shown on the plans or established by the Engineer.
307.02 Materials. The materials used in the flowable select material shall conform to the
applicable requirements of Section 601. The portland cement, fly ash, and chemical admixtures
shall be listed on the QPL.
a) Mix Design. The mix design will be prepared by the Contractor. The mixture will be
proportioned to produce a flowable mixture without segregation. Material for one cubic yard,
absolute volume, shall be as follows:
Cement 80 -100 lbs.
Fly ash 220 - 300 lbs.
Sand Variable to equal one cubic yard
Water Approximately 65 gallons
The minimum flow of the mixture shall be 8" as determined by the test method described herein.
The unit weight shall be a minimum of 110 lbs./ cubic foot. The mix design shall be accompanied
by the following documentation:
1) A listing of the weights of all components of the proposed mix (water and admixtures
may be measured by volume);
2) Certified test results for flow and unit weight.
When unsatisfactory results or other conditions make it necessary, a new mix design will be
established.
b) Sampling and Testing. Sampling and testing will be performed by the City. The flow test
shall consist of filling a 3" diameter x 6" high open-ended cylinder to the top with the flowable
material mixture. If necessary, the top of the mixture will be struck off level. The cylinder will
then be pulled straight up and the flow will be measured by the approximate diameter of the
mixture. There shall be no evidence of segregation in the mixture. The unit weight shall be
determined according to AASHTO T 121, except that rodding and tapping shall not be done.
307.03 Construction Requirements. The Contractor shall provide sufficient supervision,
labor, equipment, tools, and materials to assure proper production, delivery, and placement.
When deemed necessary by the Engineer/City Engineer, the flowable select material shall be
contained within the designated area by metal or wood forms that are sufficiently tight as to keep
the loss of material to a minimum, or by other means as approved by the Engineer/City Engineer.
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City of Fayetteville
The flowable select material shall be discharged from the mixer and conveyed into the space to
be filled according to Section 601. The fill material shall be brought up uniformly to the fill line
shown on the plans or as directed by the Engineer/ City Engineer. Placing of other material over
flowable select material may begin after the flowable select material has taken its initial set, is
stable, and does not displace under equipment.
307.04 Method of Measurement. Flowable Select Material will be measured by the cubic
yard. The quantities shown included in the proposal will be considered the final quantities and no
further measurement will be made unless, in the opinion of the Engineer or upon evidence
furnished by the Contractor, substantial variations exist between the planned quantities and
actual quantities due to changes in alignment or dimensions or to apparent errors.
307.05 Basis of Payment. Work completed, accepted, and measured as provided above will
be paid for at the contract unit price bid per cubic yard for Flowable Select Material, which price
shall be full compensation for designing the mix; for furnishing, mixing, and placing the
material; and for all labor, equipment, tools, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Flowable Select Material CY
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Standard Street and Drainage Specifications
DIVISION 400. BASE AND PAVING
Section 401. Aggregate Base Course
401.01 Description. This work consists of preparing an aggregate base course on a prepared
foundation.
401.02 Materials. Materials for aggregate base course shall meet the requirements of the
ARDOT Standard Specifications ( 2014) Section 303 for Class 7.
401.03 Construction Requirements. The base course material shall be placed on a
completed and approved subgrade or existing base that has been bladed to substantially conform
to the grade and cross section shown on the plans.
The subgrade shall be prepared as specified in Section 203 and shall be free from an excess or
deficiency of moisture at the time of placing base course material. The subgrade shall also
comply, where applicable, with the requirements of other items that may be contained in the
Contract that provide for the construction, reconstruction, or shaping of the subgrade or the
reconstruction of the existing base course. Base course material shall not be placed on a frozen
subgrade or subbase.
The aggregate shall be placed on the subgrade or other base course material and spread
uniformly to such depth and lines that when compacted it will have the thickness, width, and
cross section shown on the plans. Unless otherwise specified or directed, base material shall
extend full depth to 1’ beyond the planned back of curb line.
If the specified compacted depth of the base course exceeds 8” the base shall be constructed in
two or more layers of approximately equal thickness.
The material shall be spread the same day that it is hauled. Spreading shall be performed in such
a manner that no segregation of coarse and fine particles nor nests or hard areas caused by
dumping the aggregate on the subgrade will exist. Care shall be taken to prevent mixing of
subgrade or unspecified material with the base course material in the blading and spreading
operation.
When the base course is placed adjacent to an existing or newly constructed asphalt surface
course or portland cement concrete pavement, the aggregate shall not be dumped or mixed on the
pavement surface. Mechanical spreading equipment shall be used, if necessary, to place the base
course on the subgrade.
Each course shall be thoroughly mixed for the full depth of the course and shall be compacted by
any satisfactory method that will produce the density specified. The aggregate shall be
maintained substantially at optimum moisture during the mixing, spreading, and compacting
operations. The specified grade and cross section shall be maintained by blading throughout the
compaction operation. The material in each course shall be compacted to a density, not less than
98% of the maximum density determined in the laboratory by AASHTO T 180 or ASTM D1557.
The aggregate shall be compacted across the full width of application.
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City of Fayetteville
The compacted base course shall be tested for depth and any deficiencies corrected by scarifying,
placing additional material, mixing, reshaping, and recompacting to the specified density, as
directed. The base course shall be shaped for its full width to the required grade and cross
section. The finished base course layer shall not vary at any point by more than . 02 foot from the
prescribed elevation.
The Contractor shall maintain the base course in a satisfactory condition until accepted.
401.04 Method of Measurement. Aggregate base course will be measured in square yards of
material in place per the plans. Measurement will include areas up to 1’ behind the backs of
curbs if required on the plans. Aggregate base course placed beyond 1’ behind the back of curbs
will not be measured.
401.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per square yard for Aggregate Base Course, which
price shall be full compensation for preparing the subgrade; for furnishing material; for
spreading; finishing, watering, manipulating, and compacting; and for all labor, equipment, tools,
and incidentals necessary to complete the work.
Pay Item Pay Unit
Depth) Aggregate Base Course SY
Section 402. Prime and Tack Coats
402.01 Description. This work consists of preparing and treating an existing surface with
asphalt or emulsified petroleum products and, if required, blotter material.
402.02 Materials.
a) Asphalt. Asphalt cement shall meet the requirements of AASHTO M 20 or M 226.
b) Emulsified Asphalt. Emulsified asphalt shall meet the requirements of AASHTO M 140 or
M 208.
c) Emulsified Petroleum Products. Emulsified petroleum products, “ EPR-1 Prime” or
approved equal, may be used as the Prime Coat when indicated on the Plans or approved by the
Engineer/ City Engineer.
d) Blotter Material. Aggregate for blotter material shall meet the requirements of AASHTO M
43 for size 10.
Asphalt will be conditionally accepted at the source. Blotter material may be accepted in the
stockpile, at the source, or at the roadway prior to placement.
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Standard Street and Drainage Specifications
402.03 Construction Requirements.
a) Weather Limitations. Prime coat shall not be applied on a wet surface, when the surface
temperature is below 45°F, or when weather conditions would prevent the proper construction of
the prime coat.
Tack coat shall not be applied unless weather conditions meet the requirements for laying asphalt
courses.
b) Equipment. The contractor shall provide equipment for heating the asphalt and uniformly
applying the asphalt and blotter material. The distributor shall be capable of uniformly
distributing prime and tack coats at even temperatures on variable surface widths at readily
determined and controlled rates from 0.05 to 2.0 gallons per square yard. Distributor equipment
shall include a tachometer, pressure gages, volume measuring devices or a calibrated tank, and a
thermometer for measuring temperatures of tank contents.
c) Preparation of Surface. Surfaces to be primed shall be shaped to the required grade and
section, free from all ruts, corrugations, segregated material, or other irregularities and uniformly
compacted and broomed. Surfaces to receive tack coat shall be free of dirt, gravel, and other
debris and shall be thoroughly washed and broomed to produce a clean and dry surface.
d) Application of Asphalt. Asphalt shall be applied by a pressure distributor in a uniform,
continuous spread. When traffic is maintained, not more than ½ the width of the section shall be
treated in one application. Care shall be taken so the application of asphalt at the junctions of
spreads is not in excess of the specified amount. Excess asphalt shall be squeegeed from the
surface. Skipped areas or deficiencies shall be corrected. Building paper shall be placed over the
end of the previous applications, and the joining application shall start on the building paper.
Building paper used shall be removed and satisfactorily disposed of.
When traffic is maintained, one-way traffic shall be permitted on the untreated portion of the
roadbed. After the asphalt has been absorbed by the surface and will not pick up, traffic shall be
transferred to the treated portion and the remaining width of the section shall be primed.
The quantities, rate of application, temperatures, and areas to be treated shall be approved before
application of the prime or tack coat.
e) Emulsified petroleum products. Emulsified petroleum products, “ EPR-1 Prime” or
approved equal, where indicated on the Plans or approved by the Engineer/ City Engineer as the
Prime Coat shall be installed per the Manufacturer’ s recommendations and as follows:
1) Required Field Dilution Rate – 3 parts water to 1 part EPR-1 PRIME (Note: Verification
samples will be obtained prior to dilution); ( b) Minimum required Application Rate –
0.30 gallons per square yard.
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f) Application of Blotter Material. If the prime coat fails to penetrate within the time specified
and the roadway must be used by traffic, blotter material shall be spread in the quantities
required to absorb any excess asphalt.
g) Prime Coats not required. Unless indicated or directed otherwise, prime coats will not be
required when the initial asphalt course placed upon the aggregate is a minimum of 4 inches in
thickness.
402.04 Measurement and Payment. Prime coat, when required, will be measured and paid
for per square yard of material placed at the required application rate. Tack coat will not be
measured and will be subsidiary to other items. Blotter material will not be measured but will be
subsidiary to other items.
Pay Item Pay Unit
Prime Coat SY
Section 403. Asphalt Concrete Hot Mix
403.01 Description. This item consists of furnishing and placing asphalt concrete hot mix of
the type specified on a prepared foundation.
403.02 Materials, Design, and Quality Control of Superpave Mixes.
a) Materials. Materials for Asphalt Concrete Binder Course shall meet the requirements of
Section 406 of the ARDOT Standard Specifications Edition of 2014. Materials for Asphalt
Concrete Surface Course shall meet the requirements of Section 407 of the ARDOT Standard
Specifications Edition of 2014, modified as follows:
All surface courses serving as wearing courses shall fully comply with Section 409 of the
ARDOT Standard Specifications Edition 2014. If and where so indicated in the Plans and the Bid
for Unit Price Contract, and where the surface course is installed by two or more lifts, then the
surface course( s) which shall be installed beneath the final lift of the wearing course may be an
all limestone course aggregate mix otherwise complying with Section 409 of the ARDOT
Standard Specifications Edition 2014 and subject to the review and acceptance by the Engineer
and Owner.
b) Design and Quality Control Requirements. Design and quality control of Superpave mixes
shall be as specified in Section 404 of the ARDOT Standard Specifications Edition of 2014.
Marshall mixes may be allowed in certain instances. See Section 6.4.4, Asphalt Concrete Hot
Mix, of the City of Fayetteville Minimum Street Standards for requirements.
c) Materials and Equipment for Asphalt Concrete Plant Mix Courses. Materials and
equipment for asphalt concrete plant mix courses shall meet the requirements of Section 409 of
the ARDOT Standard Specifications Edition of 2003, except for the requirements of Section
409.04(b) is at the contractor’ s option. If a material transfer device is used, the requirements of
Section 409. 04( b) shall apply.
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403.03 Construction Requirements.
a) Description. The methods employed in performing the work shall be at the Contractor’ s
option. When the production and/or placement of the material does not comply with the
specifications, the Contractor shall make the changes necessary to bring the work into
compliance.
b) Pre-Placement Conference. Unless waived by the Engineer, prior to the start of paving
operations the Contractor shall conduct a Pre-Placement Conference involving the Contractor’ s
personnel and the Engineer and City’s personnel. The Contractor’s proposed plant, delivery,
laydown, compaction, and equipment shall be discussed and, if deemed necessary by the City, all
the equipment inspected. The accepted mix designs and materials to be used shall be discussed.
The proposed mixing and compaction temperatures, sampling and testing plan, haul route,
rolling pattern, and other pertinent information shall be discussed. The Pre-Placement
Conference and all items discussed shall be documented by the Contractor and furnished to the
Engineer within ten calendar days after the Pre-Placement Conference.
c) Preparation of Mixture. The aggregates, mineral filler, and asphalt binder shall be measured
separately and accurately mixed in the proper proportions according to the mix design. The
aggregates shall be thoroughly coated and the mixture shall not show an excess or deficiency of
asphalt binder, injury or damage due to burning or overheating, or an improper combination of
aggregates. The continuous production of ACHM shall be within plus or minus 25°F (14°C) of
the mixing temperature shown on the approved mix design. Momentary temperature spikes shall
be kept to a minimum.
d) Preparation of Base or Existing Surface. Newly constructed base courses or subgrade shall
be prepared as set forth in the specification item covering such items.
Prior to placing asphalt base, binder, or surface courses, all required corrections of the existing
pavement or base, such as filling potholes, sags, and depressions, or alterations of the existing
pavement crown, shall be made. Such corrections shall be accomplished by placing asphalt
binder or surface course mixtures at the location and in a manner as directed by the
Engineer/ City Engineer. Asphalt material used for wedging or leveling courses, or for fillings
holes, may be placed by hand, blade grader, or mechanical spreader methods. The mixture shall
be featheredged to a smooth and even surface around the edges of these areas.
Prior to arrival of the mixture on the work, the prepared surface shall be cleaned of all loose and
foreign materials and primed or tack coated as specified. Excessive joint and crack filler shall be
removed before application of the prime or tack coat. The mixture shall not be placed on a
surface that shows evidence of free moisture.
Contact surfaces of curbing, gutters, manholes, and other structures shall be painted with a thin
coating of rapid curing cutback asphalt or emulsified asphalt. No direct compensation will be
made for this work.
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If the earlier course has been contaminated with dirt or other foreign materials, or when the time
lapse between courses is in excess of 8 hours, the earlier course shall be cleaned and given a tack
coat prior to placing the succeeding course. The maximum amount of time between the
application of tack coat and the placement of an asphalt course shall not exceed 8 hours. If more
than 8 hours has lapsed since tack coat application, the surface shall be re-tacked prior to the
placement of any successive asphalt course. If directed by the Engineer/City Engineer, a tack
coat shall be used even though the lapsed time has been less than 8 hours.
e) Transporting. The mixture shall be transported from the mixing plant to the work in vehicles
with clean tight beds.
When the mixture is being hauled more than 15 miles or when the mixture is being placed
between November 1 and April 1, the beds of the vehicles shall be covered with canvas or other
suitable material to retard loss of heat. The cover shall extend over the sides and ends or the
truck bed and shall be securely fastened. When the mixture is being hauled less than 15 miles the
cover shall be stored on the truck at all times to be utilized when overtaken by sudden rains.
No loads shall be sent so late in the day as to interfere with spreading and compacting the
mixture during daylight hours unless adequate artificial lighting is provided.
Sufficient haul vehicles and plant production rate shall be maintained to the project to provide a
continuous operation on the roadway.
Only non-petroleum release agents approved by the Engineer/City Engineer shall be used in haul
trucks.
f) Spreading and Finishing. The mixture shall be placed on an approved surface, spread, and
struck off to the line, grade, and elevation established. The mixture shall be placed only on a base
that shows no evidence of free moisture, and only when weather conditions are suitable.
The mixture from all types of plants should be delivered to the paver within the recommended
compaction temperature range as shown on the approved job mix design. These recommended
temperatures should be used in placing and compacting the material. In addition, surface and
binder course mixtures shall not be placed on the roadway at a temperature lower than 250° F.
The paver shall uniformly distribute and compact the mixture in front of the screed for the full
width being paved. The screed or strike-off assembly shall effectively produce a finished surface
of smooth and uniform texture without tearing, shoving, or gouging the mixture. The paver shall
be operated at forward speeds consistent with satisfactory laying of the mixture. The speed of the
paver shall be matched with the plant production rate and number of hauling units. Stop and go
operation of the paver is to be avoided.
The longitudinal joint in one layer shall offset that in the layer immediately below by
approximately 6”. In general, the joint in the top layer shall be at the centerline of the pavement
if the asphalt is placed in 2 passes or less, or at lane lines if the asphalt is placed in more than 2
passes.
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g) Rolling and Density Requirements and Joints. The mixture, after being spread, shall be
thoroughly compacted by rolling as soon as it will bear the weight of the rollers without undue
displacement.
At the beginning of placement of each mix design, the Contractor shall establish an optimum
rolling pattern that will achieve the specified density for the mix being placed. The Contractor
may continue with paving operations while the optimum rolling pattern is being established. The
established rolling pattern shall be used for compacting all mix placed unless a change in the job
mix formula occurs or unacceptable results are obtained. Whenever a change in the job mix
formula occurs, or when the compaction method or equipment is changed, or when unacceptable
results are obtained, a new optimum rolling pattern shall be established.
The number, weight, and type of rollers, and the optimum rolling pattern shall be such that the
specified density and surface requirements are consistently attained while the mixture is in a
workable condition. Final approval of the rollers and the rolling pattern will be based upon
satisfactory performance and the ability to compact the mixture to the specified density and
surface requirements. Rollers that produce excessive crushing of aggregate particles will not be
permitted.
When using vibratory rollers, the Contractor shall exercise due caution to prevent any
deterioration of the material caused by excessive rolling or vibration. Vibratory rollers shall be
operated in such a manner that overlap of adjacent passes shall be held to a minimum. Vibration
shall not be used on courses less than 1-½” thick.
Rolling shall start longitudinally at the low edge and proceed toward the higher portion of the
mat. When paving in echelon or abutting the previously placed lane, the longitudinal joint shall
be rolled first followed by the regular rolling procedure. Alternate passes of the roller shall be
terminated at least 3’ from any preceding stop. Rolling on superelevated curves shall progress
from the low side. Rollers shall not be stopped perpendicular to the centerline of the traveled
way.
The speed of the roller shall be slow enough to avoid displacement of the hot mixture, and in no
case more than 3 mph. The roller shall be operated in such a manner that no displacement of the
mat will occur. Rolling shall proceed continuously until the required density is attained and all
roller marks are eliminated, leaving the surface smooth and uniform and the required density
attained. To prevent adhesion of the asphalt mixture to the rollers, the rollers shall be kept moist
for the full width of the rollers, but excess water will not be permitted.
Rollers shall not pass over the unprotected end of a freshly laid mixture. Transverse joints shall
be formed by cutting back on the previous run to expose the full depth of the course. A brush
coat of asphalt material shall be used on contact surfaces of transverse joints just before
additional mixture is placed against the previously placed material.
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City of Fayetteville
h) Weather Limitations. Hot mix asphalt materials shall not be mixed or placed when the
surface temperature is below 40° F or when there is frost in the base or subgrade, or at any other
time when weather conditions are unsuitable for the type of material being placed.
Regardless of the temperatures herein specified, paving will not be allowed unless specific
density, either by percent of field mold density or by rolling procedure, can be achieved before
the bituminous mixture cools to 175° F.
403.04 Acceptance of Pavement and Adjustments in Payment.
a) Superpave Mixes Acceptance of asphalt payment designed using Superpave Methods shall
be according to Section 410.09 of the ARDOT Standard Specifications Edition of 2003 except as
modified herein.
403.05 Modifications and Augmentations of ARDOT Standard Specifications.
Modifications and augmentations of ARDOT Standard Specifications detailed in this subsection
apply to 2014 Edition of the Standard Specifications.
Samples for all properties except density, thickness, and the investigation of segregation shall be
obtained from trucks at the plant. The contractor/ testing agency shall clearly mark the load ticket
of each sampled truck to indicate that the load has been sampled.
The Contractor shall provide the straight-edge for use in pavement smoothness testing.
Sublot sizes for density and depth measurements will be 500 tons, and lot sizes will be 3000
tons. Locations for cores to be taken for density and depth testing will be determined using
ARDOT Test Method #465.
Compliance, price reduction, and rejection limits for density will be in accordance with Table
410-1 of the ARDOT Standard Specifications. Calculations of price reductions will be in
accordance with 410.09(d)(5) of the ARDOT Standard Specifications. For asphalt that is outside
the limits shown as lot rejection limits but within the limits shown as sublot rejection limits in
Table 410-1, the City shall determine if that mix shall be removed at the contractor’ s expense or
left in place without pay to contractor.
All asphalt that is outside the limits shown as sublot rejection limits shall be removed in
accordance with this section.
For small projects (less than 1500 tons total) price reduction amounts shall be reduced to 50% of
the amounts specified in Section 410 of the ARDOT Standard Specifications.
Thickness of the finished asphalt will be monitored by measuring the thickness of the density
cores taken. The average of all depth measurements shall not be less than the required depth
shown on the plans. Depth of any core in excess of plus one-quarter inch (+ 1/4”) will not be
used in computing the average depth. If the average depth is less than the required depth, it will
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Standard Street and Drainage Specifications
be corrected by overlaying with additional ACHM surface, or as directed by the Engineer/ City
Engineer.
In addition, thickness of individual cores shall not be greater than 1/4” less than the plan depth.
The absolute minimum pavement thickness for any core shall be 3 inches. When pavement
design thickness is less than 3 inches, the minimum thickness for each core that will be accepted
shall be the design thickness.
The method for determining the limits of removal for density or depth is as follows: If a single
core test falls outside of the limits shown as “ Sublot Rejection Limits” in 410-1, two additional
tests shall be run in close proximity ( within three feet). If the average of these three tests is
within the sublot rejection limits in Table 410-1, then this average shall become the value for the
density of this sublot. If the average of the three tests is still outside of the sublot rejection limits,
tests shall be run at 50-foot intervals in both directions until results are found that are within the
sublot rejection limits.
All asphalt that is outside of the limits shown as sublot rejection limits as determined by the
above method shall be removed and replaced. After replacement, a core shall be taken in the
replacement asphalt and the density determined. The average of this density test and the two
isolation tests shall become the density for the sublot.
The contractor shall do all coring and testing for density and depth at no additional cost to the
City. The City may require additional cores cut for verification of the contractor’ s test.
Verification testing will be paid for by the City.
When lots and sublot divisions for initial and final courses do not coincide, the Contractor may
be required to take additional samples (full-depth) at his expense to determine asphalt thickness.
Locations of such cores shall be approved by the Engineer.
Section 410. 10 of the ARDOT Standard Specifications will not be used under this contract.
403.06 Method of Measurement. Measurement will be by one of the following methods as
detailed below. The method to be used will be stated in the bid form.
Asphalt concrete hot mix (ACHM) will be measured by either the ton or square yard of material
in place and as indicated on the Plans and the Bid for Unit Price Contract.
Asphalt concrete hot mix ( ACHM) where indicated to be measured by the ton will be
substantiated by weight tickets, which shall be submitted to the City at the time of asphalt
delivery. Deductions for asphalt placed in areas not designated in the plans and not directed by
the Engineer/City Engineer or for asphalt placed at depths more than 1/8” over plan depth will be
made at the discretion of the Engineer/ City Engineer. Measurement of these deductions will be
by a method deemed appropriate by the Engineer/City Engineer.
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City of Fayetteville
Asphalt concrete hot mix ( ACHM) where indicated to be measured by the square yard ( SY) will
be substantiated by surface area measurements of asphalt concrete hot mix in place. Deductions
for asphalt placed in areas not designated in the plans and not directed by the Engineer/ City
Engineer will be made at the discretion of the Engineer/City Engineer. Measurement of these
deductions will be by a method deemed appropriate by the Engineer/ City Engineer.
403.07 Basis of Payment. Payment will be based upon the method of measurements and by
one of the following methods as detailed below.
Asphalt concrete hot mix will be paid for by either:
a) Per ton: at the contract unit price bid per ton of material placed in plan locations; said price
shall include furnishing mix designs, furnishing material, for heating, mixing, hauling, placing,
rolling, finishing, and for all other labor, equipment, tools, and incidentals necessary to complete
the work, or
b) Square yard ( SY): at the contract unit price bid per ( depth asphalt concrete hot mix) square
yard (SY) of material placed in plan locations; said price shall include furnishing mix designs,
furnishing material, for heating, mixing, hauling, placing, rolling, finishing, and for all other
labor, equipment, tools, and incidentals necessary to complete the work, as indicated on the Plans
and the Bid for Unit Price Contract.
Payment will be made under:
Pay Item Pay Unit
Asphalt Concrete Hot Mix Binder Course (ACHMBC) Ton
Asphalt Concrete Hot Mix Surface Course ( ACHMSC) Ton
OR
Pay Item Pay Unit
Depth) Asphalt Concrete Hot Mix Binder Course (ACHMBC) SY
Depth) Asphalt Concrete Hot Mix Surface Course ( ACHMSC) SY
Section 404. Asphalt Concrete Hot Mix Base Course
404.01 Description. This item shall consist of a base course constructed on an accepted course
according to these specifications and in substantial conformity with the lines, grades, and typical
cross sections shown on the plans.
404.02 Materials. The materials and equipment shall comply with the requirements of Asphalt
Concrete Hot Mix Base Course ( Section 405 of the ARDOT Standard Specifications).
404.03 Construction Requirements. Construction requirements shall comply with the
requirements of Asphalt Concrete Hot Mix Base Course ( Section 405 of the ARDOT Standard
Specifications).
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404.04 Method of Measurement. Measurement will be by one of the following methods as
detailed below. The method to be used will be stated in the bid form.
Asphalt concrete hot mix base course will be measured by either the ton or square yard of
material in place and as indicated on the Plans and the Bid for Unit Price Contract.
Asphalt concrete hot mix base course where indicated to be measured by the ton will be
substantiated by weight tickets, which shall be submitted to the City at the time of asphalt
delivery. Deductions for asphalt placed in areas not designated in the plans and not directed by
the Engineer/City Engineer or for asphalt placed at depths more than 1/8” over plan depth will be
made at the discretion of the Engineer/ City Engineer. Measurement of these deductions will be
by a method deemed appropriate by the Engineer/City Engineer.
Asphalt concrete hot mix base course where indicated to be measured by the square yard (SY)
will be substantiated by surface area measurements of asphalt concrete hot mix in place.
Deductions for asphalt placed in areas not designated in the plans and not directed by the
Engineer/ City Engineer will be made at the discretion of the Engineer/ City Engineer.
Measurement of these deductions will be by a method deemed appropriate by the Engineer/City
Engineer.
404.05 Basis of Payment. Payment will be based upon the method of measurements and by
one of the following methods as detailed below.
Asphalt concrete hot mix base course will be paid for by either:
a) Per ton: at the contract unit price bid per ton of material placed in plan locations; said price
shall include furnishing mix designs, furnishing material, for heating, mixing, hauling, placing,
rolling, finishing, and for all other labor, equipment, tools, and incidentals necessary to complete
the work, or
b) Square yard (SY): at the contract unit price bid per (depth asphalt concrete hot mix) square
yard ( SY) of material placed in plan locations; said price shall include furnishing mix designs,
furnishing material, for heating, mixing, hauling, placing, rolling, finishing, and for all other
labor, equipment, tools, and incidentals necessary to complete the work, as indicated on the Plans
and the Bid for Unit Price Contract.
Payment will be made under:
Pay Item Pay Unit
Asphalt Concrete Hot Mix Base Course Ton
OR
Pay Item Pay Unit
Depth) Asphalt Concrete Hot Mix Base Course SY
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Section 405. Asphalt Concrete Patching for Maintenance of Traffic
405.01 Description. This item shall consist of an asphalt concrete material composed of
mineral aggregate and asphalt binder for use in patching to maintain traffic including temporary
repairs for roadway cuts. This item shall be placed for all roadway cuts unless directed otherwise
by the Engineer/ City Engineer. This item will be placed for other maintenance of traffic if and
where directed on the plans or by the Engineer/City Engineer.
405.02 Materials and Composition. Materials and equipment shall conform to the
requirements of ACHM Surface Course ( Standard Specification Section 403) or Asphalt
Concrete Cold Plant Mix (Section 411 of ARDOT Standard Specifications).
405.03 Construction Requirements. Construction requirements shall conform, insofar as
possible, to Section 406 and as follows:
All roadway cuts shall be temporarily or permanently repaired within 24 hours of the completion
of trench backfill for the work, or segment of work, which required the excavation and/or cut.
Temporary roadway cut repairs shall be a minimum of two (2) inches and a maximum of three
3) inches of asphalt and shall comply with Specification Section 405 and 406.
Permanent roadway cut repairs shall comply with the plans and specifications and as directed by
the Engineer/City Engineer.
Temporary roadway cut repairs shall be maintained by the contractor.
Temporary roadway cut repairs shall be removed and disposed of by the Contractor as necessary
during installation of permanent roadway cut repairs or new roadway construction.
405.04 Method of Measurement. Asphalt Concrete Patching for Maintenance of Traffic will
be measured by the ton of mix placed as directed by the Engineer/ City Engineer. In no case shall
measurement of the Temporary Repairs for Roadway Cut extend beyond the pay limit shown on
the details on the Plans. Temporary Repairs for Roadway Cut with depths less than two ( 2)
inches and all depths greater than three (3) inches shall not be measured for payment.
405.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per ton for Asphalt Concrete Patching for
Maintenance of Traffic, which price shall be full compensation for furnishing materials; for
heating, mixing, hauling, placing, and compacting; and for all labor, equipment, tools, and
incidentals necessary to complete the work. No payment will be made for:
1) Material placed without authorization of Engineer/City Engineer.
2) Material placed beyond the pay limits shown on the detail for each type of pavement
repair.
3) Material placed to repair previously patched areas unless approved by the Engineer/ City
Engineer.
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Payment will be made under:
Pay Item Pay Unit
Asphalt Concrete Patching for Maintenance of Traffic Ton
Section 406. Asphalt Concrete Hot Mix Patching of Existing Roadway
406.01 Description. This item shall consist of patching the existing roadway using asphalt
concrete material composed of mineral aggregate and asphalt binder.
406.02 Materials and Composition. Materials shall conform to the requirements of Section
402, Tack Coat and Section 403.
406.03 Construction Requirements. Unstable areas in existing roadways and shoulders,
designated by the Engineer/City Engineer to be repaired, shall be removed to provide firm
vertical sides and a firm, stable, bottom generally parallel with the existing surface. All loose or
foreign material shall be removed from the hole. A tack coat of emulsified asphalt shall be
applied to the sides of the hole. Asphalt Concrete Hot Mix Binder or Surface Course shall be
placed in the hole in uniform layers, not to exceed 4 inches loose measurement. Compaction,
satisfactory to the Engineer/ City Engineer, shall be accomplished with a mechanical tamper or
other approved methods. The finished surface shall be smooth and level with the surrounding
surface.
406.04 Method of Measurement. Asphalt Concrete Hot Mix Patching of Existing Roadway
will be measured by the ton of mix.
406.05 Basis of Payment. Work completed and accepted and measured as provided above,
will be paid for at the contract unit price bid per ton for ACHM Patching of Existing Roadway,
which price shall be full compensation for excavation of the existing roadway; for removal and
disposal of excavated material; for compacting and tacking the excavated area; for furnishing
materials; for heating, mixing, hauling, placing, and compacting the materials; and for all labor,
equipment, tools, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Asphalt Concrete Hot Mix Patching of Existing Roadway Ton
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DIVISION 500. MISCELLANEOUS CONSTRUCTION
Section 501. Concrete Curb and Gutter
501.01 Description. This item shall consist of the construction of integral curb, concrete curb,
or concrete combination curb and gutter according to these specifications and in conformity with
the locations, lines, and grades shown on the plans or as directed.
501.02 Materials. The Concrete shall be Class 1 Concrete as provided in Section 601. The
maximum allowable slump shall be 4 inches.
When an extrusion machine is used, the Contractor may modify the concrete mix design, upon
approval of the Engineer/ City Engineer, to improve workability while maintaining the
requirements for Class 1 Concrete.
Material for joint filler shall comply with AASHTO M 213.
501.03 Construction Requirements.
a) Subgrade. The subgrade shall be shaped to the required depth below the finished surface,
according to the dimensions shown on the plans, and shall be compacted to a firm, even surface.
Where curb is to be placed as part of a street, the compaction requirements of the street shall
apply to the subgrade and base course underneath the curb.
b) Placing and Finishing.
1) Integral Curb. After the concrete pavement has been struck off, the curb forms shall be
clamped or otherwise securely fastened in place to the slab form and additional concrete
for the curb shall then be deposited and thoroughly tamped. The concrete shall be placed
within 30 minutes after the pavement slab has been finished and care shall be taken to
secure monolithic construction. The concrete shall be spaded or vibrated sufficiently to
eliminate voids and shall be tamped to bring the mortar to the surface. It shall then be
finished smooth and even with a wood float and given a Class 6 finish according to
Section 601.16. The edges shall be rounded with an approved finishing tool to the radius
shown on the plans.
2) Concrete Curb or Concrete Combination Curb and Gutter. The concrete shall be
deposited in the forms upon wetted subgrade and vibrated and spaded until mortar
entirely covers the surface, after which it shall be finished smooth and even by means of
a wood float and given a Class 6 finish according to Section 601. 16. Edges shall be
rounded as shown on the plans while the concrete is still plastic.
c) Joints. Expansion joints for concrete curb or concrete combination of curb and gutter shall be
installed at stationary structures such as catch basins, drop inlets, etc., and at ends of curb
returns. Where curb and gutter is constructed adjacent to or on rigid pavements, the location and
width of joints shall coincide with those in the pavement, where practicable. Expansion joints
shall have a thickness of ½” and shall be filled with joint filler according to Section 601.11
shaped to the cross section of the curb and constructed at right angles to the curb line.
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Contraction joints for concrete curb or concrete combination curb and gutter shall be 1/8” to 3/8”
wide x 1-½” deep and shall be constructed at 15’ intervals. They shall be constructed at right
angles to the centerline and perpendicular to the surface of the curb and gutter. Where curb and
gutter is constructed adjacent to or on rigid pavements, the location and width of joints shall
coincide with those in the pavement, where practicable. Contraction joints shall be formed by
sawing, unless otherwise specified, and filled according to the requirements for Joint Seals as
specified in Section 601.11, or with a commercially available silicone product approved by the
City.
d) Surface Tests. Before the concrete is given the final finishing, the surface of the gutter and
the top of the curb shall be true to line and grade. The maximum variation in 10’ shall not exceed
3/8”.
e) Curing. When completed, the concrete shall be cured as specified in Section 601. 15.
f) Backfilling. After the concrete has set sufficiently, the space behind the curb shall be refilled
to the required elevation with suitable material, free from topsoil, leaves, twigs, or other organic
material, trash, large rocks, or other deleterious materials. This material shall be firmly
compacted to 90% of the material’ s maximum density as determined by AASHTO T99 or
ASTM D698 by means of approved mechanical equipment and neatly graded.
501.04 Method of Measurement. Curbing will be measured by the linear foot (LF) along the
face of the curb at the gutter line. Integral curb placed with concrete pavement will not be
measured separately, but shall be included in the price bid for concrete pavement. Modified
curbs across driveways and streets will be measured as curb.Curbs placed as part of commercial
asphalt driveway construction will also be measured as curb.
501.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per linear foot ( LF) for Concrete Curb or Concrete
Curb and Gutter, which price shall be full compensation for furnishing materials, including joint
filler; for forms; for mixing, placing, aggregate base and finishing concrete; and for excavation
and backfilling when not included in other items.
Pay Item Pay Unit
18” Concrete Curb and Gutter ( Type A) w/ 6” Class 7 Base LF
Concrete Curb (6”) LF
Section 502. Concrete Sidewalks
502.01 Description. This item shall consist of the construction of concrete walks according to
these specifications and in conformity with the dimensions, locations, lines, and grade shown on
the plans or as directed.
502.02 Materials. Concrete shall comply with the requirements for Class 1 Concrete as
provided in Section 601. The maximum allowable slump shall be 4 inches. Aggregate base shall
meet the requirements of Section 401.
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City of Fayetteville
502.03 Construction Requirements.
a) Subgrade. The subgrade shall be excavated or filled to the required grade. Unacceptable
material shall be removed and replaced with suitable material, free from topsoil, leaves, twigs, or
other organic material, trash, large rocks, or other deleterious materials, and the entire subgrade
shall be thoroughly compacted with approved mechanical equipment to not less than 90% of the
material’ s maximum density as determined by AASHTO T99 or ASTM D698.
b) Aggregate Base Course. Class 7 aggregate base meeting the requirements of Section 401
shall be installed on the approved subgrade to a minimum depth of 4 inches outside of driveway
areas and a minimum depth of 6 inches across driveways, and compacted to 95% of Modified
Proctor Density as determined by AASHTO T 180 or ASTM D1557.
c) Placing and Finishing. The concrete shall be deposited in the forms upon the wetted
aggregate base to such depth that when it is compacted and finished, the top shall be at the
required elevation. It shall be thoroughly consolidated and the edges along the forms spaded to
prevent honeycomb. The top shall then be struck off with a straightedge and tamped or vibrated
sufficiently to flush mortar to the surface, after which it shall be given a Class 6 finish according
to Section 601.16. Edges shall be rounded with a ¼” radius, including edges at joints.
Concrete thickness shall be 4 inches outside of driveway areas and 6 inches across driveways
unless otherwise specified.
Transverse joints in the walks shall be cut with a ¼” jointer at intervals not greater than the width
of the walk being constructed, or as directed. This joint pattern shall be continuous through
driveways.
When completed, the concrete shall be cured as specified in Section 601. 15.
d) Backfilling. After the forms have been removed, the spaces on each side of the walk shall be
backfilled with suitable material, which shall be firmly compacted and neatly graded. Topsoil
meeting the requirements of Section 204 shall be used when areas adjacent to the sidewalk are to
be seeded or sodded.
e) Expansion Joints. A space not less than ½” wide shall be left between the sidewalks and
adjacent structures, except that no space shall be left between the sides of the walks and adjacent
curbs. This space shall be filled with approved joint filler complying with AASHTO M 213.
502.04 Method of Measurement. Concrete sidewalk of the specified thickness will be
measured by the square yard ( SY).
502.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per square yard (SY) for Concrete Sidewalks of the
thickness specified, which price shall be full compensation for furnishing materials, including
concrete, aggregate base, and joint filler; constructing the concrete sidewalk to grade; for
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Standard Street and Drainage Specifications
excavation and backfilling where not included in other contract items; and for all labor,
equipment, tools, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
4” Thick Concrete Sidewalk w/ 4” Class 7 Base SY
6” Thick Concrete Sidewalk w/6” Class 7 Base SY
Section 503. Driveway Construction or Reconstruction
503.01 Description. This work consists of reconstructing existing driveways or constructing
new driveways with concrete, asphalt, aggregate base course, or other materials as shown on the
Plans or as directed by the Engineer/City Engineer.
503.02 Materials. Concrete for driveway reconstruction shall be Class 1 according to the
requirements of Section 601. Asphalt shall be Surface Course per the requirements of Section
403. Aggregate base course shall meet the requirements of Section 401. All other materials shall
be as specified or as directed by the Engineer/ City Engineer.
503.03 Construction Requirements.
a) General. Aprons and driveways shall be constructed in the locations, to the lines and grades,
and of the material type shown on the Plans, or as directed by the Engineer/City Engineer.
Construction of driveways with greater than 12% slope perpendicular to the street will not be
allowed except as approved by the Engineer. Driveway widths shall match widths of existing
driveways, with a minimum driveway width of 10’ and a maximum width of 40’ for commercial
driveways and 24’ for residential driveways. All driveways designated as commercial driveways
shall be constructed with concrete curb and gutter along each side of the driveway.
Driveways and aprons shall be constructed on a compacted subgrade consisting of material
approved by the Engineer/City Engineer.
b) Driveway Removal. Existing driveways shall be removed to the locations shown on the
plans or as directed by the Engineer to create a smooth transition from the roadway to the
adjacent property. The back limit of the driveway shall be sawed if required to produce a neat
line.
c) Concrete Apron. Concrete apron shall be constructed on all driveways beginning at the back
of curbs and extending to the front edge of the sidewalk. Concrete aprons shall be of a residential
or commercial type as shown on the plans. The apron thickness shall be as shown on the Plans,
but not less than six inches ( 6”). Mixing, placement, and finishing of concrete shall be as
required in Section 601. Contraction joints shall be constructed so that slabs are no more than 15’
in any dimension. One half-inch (½”) expansion material meeting the requirements of Section
601. 11 shall be placed between the backs of curbs and the apron. Joints shall be tooled or sawed
at 10’ intervals perpendicular to the street. These saw joints shall be filled with joint sealant
meeting the requirements of Section 601. 11.
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City of Fayetteville
d) Concrete Driveways. Concrete driveways shall be constructed where shown on the Plans or
as directed by the Engineer/ City Engineer. The driveway thickness shall be as shown on the
Plans, but not less than six inches (6”). Mixing, placement, and finishing of concrete shall be as
required in Section 601. Contraction joints shall be constructed so that slabs are no more than 15’
in any dimension. When concrete driveways are constructed monolithically with concrete apron,
a contraction joint shall be constructed at the interface between the apron and the driveway. All
joints shall be sealed according to Section 601.11.
e) Asphalt Driveways. Asphalt driveways shall consist of approved Surface Mix. Construction
of asphalt driveways shall meet the requirements of Section 403. The thickness of the asphalt
driveway section shall be as shown on the Plans, but in no case shall be less than 2” of asphalt
constructed on 6” of aggregate base course.
f) Aggregate Base Driveways. All existing driveways constructed of soil or gravel shall be
reconstructed with aggregate base meeting the requirements of Section 401. Placement of base
material shall be according to the lines and grades shown on the plans or as directed by the
Engineer/City Engineer. Thickness of base shall be as shown on the plans, but in no case shall be
less than 6”. Compaction requirements are as specified in Section 401.
503.04 Method of Measurement. If specifically included as a pay item, asphalt or concrete
driveway removal shall be measured by the square yard (SY) from the existing roadway edge to
the limits of the driveway removal. Removal of other driveways will not be measured. Concrete
aprons and all driveways shall be measured by the square yard (SY). Curb constructed as part of
concrete aprons or concrete driveways will be measured as driveway. Curb for asphalt driveways
will not be measured as part of this item.
503.05 Basis of Payment. Work completed and measured as provided above will be paid for
at the contract unit price bid per square yard for the various items. This price shall be full
compensation for furnishing and placing materials, for excavation and subgrade preparation; for
shaping and finishing; and for all labor, equipment, tools, and incidentals necessary to complete
the work.
Payment will be made under:
Pay Item Pay Unit
Concrete Driveway Aprons SY
Concrete Driveway SY
Asphalt Driveway SY
Aggregate Base Course Driveway SY
Asphalt/ Concrete Driveway Removal SY
Section 504. Headwalls and Retaining Walls
504.01 Description. This item consists of constructing concrete headwalls and retaining walls
at the locations and to the lines and grades shown on the plans. Modular Block retaining walls,
and/ or Mechanically Stabilized Earth retaining structures with facing, when so indicated in the
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Standard Street and Drainage Specifications
plans or the proposal shall be specified in a Special Provision supplemental to these Standard
Specifications.
504.02 Materials. Concrete shall meet the requirements of Section 601 for Class 1 for
headwalls, and Class 1 for retaining walls.
Reinforcing steel shall meet the requirements of Section 602.
504.03 Construction Requirements. The subgrade on which the footing is to be placed
shall be prepared by excavating to the required grade and thoroughly compacting the existing
material. If the existing material at the elevation of the bottom of the footing is soft and yielding,
and the Engineer/ City Engineer so directs, it shall be removed and replaced with suitable
material according to Section 202.
Reinforcing steel shall be placed as shown on the plans. Weepholes of the size shown on the
plans shall be set in the forms before concrete is placed.
Concrete shall be furnished, placed, finished, and cured according to the requirements of Section
601.
504.04 Method of Measurement. Concrete headwalls and concrete retaining walls will be
measured by the cubic yard of concrete placed and accepted. Concrete, reinforcing steel, filter
fabric, compacted drainage stone backfill, expansion joint materials, weepholes, weephole
screens, compacted earth backfill and all other items indicated on the Plans or required for a
complete headwall and/or retaining wall shall not be measured for separate payment but will be
considered subsidiary to the items involved.
Additional undercut excavation as required under footings will be measured by the cubic yard
compacted in place.
504.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per each for Concrete Headwalls and per linear foot
for Concrete Retaining Walls. Said price shall be full compensation for furnishing all materials,
including reinforcing steel; for structural excavation and compaction; for all forming and
bracing; for mixing, transporting, placing, finishing, and curing; and for all equipment, tools,
labor, and incidentals necessary to complete the work.
Additional excavation and embankment under footings will be paid for at the unit price bid for
Undercut Excavation. No payment for additional excavation will be made unless such excavation
is directed by the Engineer/ City Engineer.
Payment will be made under:
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City of Fayetteville
Pay Item Pay Unit
Concrete Headwalls EA
Concrete Retaining Walls LF
Modular Block Retaining Walls SF
Section 505. Seeding and Sodding
505.01 Description. This item shall consist of furnishing and applying lime, fertilizer, seed,
mulch cover, and water according to these Specifications at locations shown on the plans or as
directed.
The work under this item shall be accomplished as soon as practicable after the grading in an
area has been completed in order to deter erosion of the roadway and siltation of streams.
505.02 Materials.
a) Lime. Lime shall be agricultural grade ground limestone or equivalent as approved by the
City.
b) Fertilizer. Fertilizer shall be a commercial grade, uniform in composition, free flowing, and
suitable for application with mechanical equipment. It shall be delivered to the site in labeled
containers conforming to current Arkansas fertilizer laws and bearing the name, trademark, and
warranty of the producer.
c) Seed. Except as modified herein, the seed shall comply with the current rules and regulations
of the Arkansas State Plant Board and the germination test shall be valid on the date the seed is
used. It shall have a minimum of 98% pure seed and 85% germination by weight, and shall
contain no more than 1% weed seeds. A combined total of 50 noxious weed seeds shall be the
maximum amount allowed per pound of seed with the following exceptions: Johnson grass seed,
wild onion seed, wild garlic seed, field bindweed seed, nut grass seed, sickle pod seed, sesbania
seed, indigo seed, morning-glory seed, and cocklebur seed will not be allowed in any amount.
Seed shall be furnished in sealed, standard containers. Seed that has become wet, moldy, or
otherwise damaged in transit or in storage will not be acceptable.
Seed planted between June 16 and August 31 may require more water than that specified in
Subsection 505.03 in order to survive. Therefore, watering shall continue after germination until
growth is established.
The seeding mixture may be altered if authorized or directed by the Engineer/ City Engineer. The
actual mix and varieties used shall be submitted to the City before seed is placed.
Seed shall be provided at the following mix and rates:
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Standard Street and Drainage Specifications
SEED TYPE LB/AC
MARCH 15 – JUNE 15
Turf Fescue 250
Bermuda Grass ( common) unhulled 10
Annual Rye 50
JUNE 15 – AUGUST 31
Turf Fescue 200
Bermuda Grass (common) hulled 5
Bermuda Grass ( common) unhulled 10
AUGUST 31 – MARCH 15
Turf Fescue 250
Annual Rye 50
At the Contractor’ s option, annual rye only may be seeded at a minimum rate of 30 pounds per
acre between the dates of October 31 to March 15. The Contractor shall return between the dates
of March 15 and May 1 and reseed with the mix specified for the March 15 to June 15 time
period. Preparation for reseeding shall be in accordance with Section 204.
d) Sod. Sod shall be composed of either field grown grass or approved nursery grown grass and
shall consist of a densely rooted growth of grass substantially free from noxious weeds and
undesirable grasses. Sod type shall be as specified on the plans. When sod is placed to repair
damaged areas, the sod shall be of the same type and variety as the existing grass.
The sod shall be sufficiently thick to secure a dense stand of live grass. The sod shall be live,
fresh, and uninjured at the time of placing. It shall have a soil mat of sufficient thickness
adhering firmly to the roots to withstand all necessary handling. It shall be placed as soon as
possible after being cut and shall be kept moist from the time it is cut until it is placed in its final
position.
The source of field grown sod shall be inspected and approved by the City before being cut for
use in the work. After approval, the area from which the sod is to be harvested shall be closely
mowed and raked as necessary to remove excessive top growth and debris.
Approved devices, such as sod cutters, shall be used for cutting the sod and due care shall be
exercised to retain the native soil intact. The sod shall be cut in uniform strips approximately 300
mm ( 12”) in width and not less than 300 mm ( 12”) in length, but not longer than can be
conveniently handled and transported.
e) Mulch. Mulch cover shall consist of straw from threshed rice, oats, wheat, barley, or rye; of
wood excelsior; or of hay obtained from various legumes or grasses, such as lespedeza, clover,
vetch, soybeans, bermuda, carpet sedge, bahia, fescue, or other legumes or grasses; or a
combination thereof. Mulch shall be dry and reasonably free from Johnson grass or other
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City of Fayetteville
noxious weeds, and shall not be excessively brittle or in an advanced state of decomposition. All
material will be inspected and approved prior to use.
f) Tackifiers. Tackifiers used in mulch anchoring shall be of such quality that the mulch cover
will be bound together to form a cover mat that will stay intact under normal climactic
conditions.
All tackifiers used shall have prior approval or be listed on the ARDOT Qualified Products List
QPL). The type and brand of tackifier to be used shall be submitted to the City for approval.
g) Water. Water shall be of irrigation quality and free of impurities that would be detrimental to
plant growth.
505.03 Construction Requirements.
a) Seeding. Areas to be seeded shall be dressed to the shape and section shown on the plans. A
4” layer of topsoil, if required, shall be furnished, placed, and prepared as specified in Section
204.
Fertilizer shall be applied at the rate of 800 pounds per acre of 10-20-10, or the equivalent
amount of plant food. Fertilizer shall be uniformly incorporated into the soil alone or in
conjunction with the required lime. If the Contractor so elects, the fertilizer may be combined
with the seed in the hydro-seeding operation.
Broadcast sowing may be accomplished by hand seeders or by approved power equipment.
Either method shall result in uniform distribution and no work shall be performed during high
winds. The area seeded shall be lightly firmed with a cultipacker immediately after broadcasting.
If a hydro-seeder is used for seeding, fertilizer and seed may be incorporated into one operation
but a maximum of 800 pounds of fertilizer shall be permitted for each 1500 gallons of water. If
the Contractor so elects, the fertilizer may be applied during preparation of the seedbed. The area
shall be lightly firmed with a cultipacker immediately before hydro-seeding.
Mulch cover shall be applied immediately after seeding and shall be spread uniformly over the
entire area. If the Contractor so elects, an approved mulching machine may be used whereby the
application of mulch cover and tackifier may be combined into one operation. Mulch shall be
placed so that the ground is completely covered to a thickness of approximately 2 inches. Care
shall be taken to prevent tackifier materials from discoloring or marking structures, pavements,
utilities, or other plant growth. Removal of any objectionable discoloration shall be at no cost to
the City.
Immediately following or during the application of the mulch cover on seeded areas, the mulch
shall be anchored by one of the following methods:
Tracking or Roller Method. The mulch shall be effectively pressed into the soil using steel
cleated track or cleated roller equipment. The anchoring shall be performed so that the grooves
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Standard Street and Drainage Specifications
formed are perpendicular to the flow of water down backslopes and foreslopes. The equipment
and method used shall produce acceptable results.
Other Tackifiers. An approved tackifier shall be applied according to the rates recommended by
the manufacturer. Asphalt tackifier will not be allowed.
The method used shall be at the Contractor’ s option unless otherwise specified or directed. In
lieu of separate application of tackifiers, the Contractor may use equipment that combines the
application of mulch and tackifier into one operation. Application shall be at the specified rates.
After application of the mulch cover, water shall be applied in sufficient quantity, as directed by
the Engineer/City Engineer, to thoroughly moisten the soil to the depth of pulverization and then
as necessary to germinate the seed.
When directed by the Engineer/ City Engineer, the Contractor shall apply water in an amount
such that, in conjunction with any rainfall, the seeded and mulched areas will receive an amount
equivalent to a minimum of 1” of water each week beginning the week after seeding and
continuing for a minimum of three ( 3) weeks. Water applied at this rate will not be paid for
separately but shall be considered subsidiary to seeding. If directed by the Engineer/ City
Engineer, additional water shall be applied to sustain grass growth.
Failure to meet this requirement will result in a partial withholding and/or recovery of payments
for the seeding and mulch cover. Additional work and materials required due to the Contractor’ s
negligence in maintaining completed work or failure to water grass as directed shall be
accomplished at no cost to the City.
For all areas seeded, final acceptance will be delayed until an acceptable stand of grass of
uniform color and density is established to the satisfaction of the City. Before final acceptance,
the Contractor shall repair or replace any seeding or mulching that is defective or damaged. If the
defect or damage is due to the Contractor’ s negligence, the work shall be done at no additional
cost to the City. If the damage or defect is not the Contractor’ s fault, the work will be measured
and paid for according to these Specifications.
b) Sod. Areas to be sodded shall be dressed to the shape and section shown on the plans and the
top and bottom of slopes shall be rounded to a radius of approximately 3’ unless otherwise
directed. The finished slopes shall be prepared with 4” of topsoil meeting the requirements of
Section 204. Water may be applied before, during, and after slope preparation, as directed by the
Engineer/City Engineer, in order to maintain the desired moisture content in the soil
Immediately before placement of sod, fertilizer shall be broadcast at the rate of 250 pounds per
acre of 10-20-10, or the equivalent amount of plant food, and incorporated into the top 1” of soil.
Sod shall be moist and shall be placed on a moist earth bed. Sod strips shall be laid along contour
lines, by hand, commencing at the base of the area to be sodded and working upward. The
transverse joints of sod strips shall be broken, and the sod carefully laid to produce tight joints.
At the top of slopes the sod shall be turned into the embankment slightly and a layer of earth
placed over it and compacted to conduct surface water over and onto the sod. The sod shall be
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City of Fayetteville
firmed, watered, and refirmed immediately after it is placed. The firming shall be accomplished
by use of a lawn roller or approved tamper, with care being taken to avoid tearing end strips of
sod.
When sodding is completed, the sodded areas shall be cleared of loose sod, excess soil, or other
foreign material; a thin application of topsoil shall be scattered over the sod as a top dressing;
and the areas thoroughly moistened. Water shall be applied as necessary at the direction of the
Engineer/City Engineer for a period of at least 3 weeks. The time required for application of
water will not be included in the computation of contract time for completion of the project
provided all other work under the Contract has been completed.
The Contractor shall maintain sodded areas from the time of completion until final acceptance of
the project by the City. Additional work and materials required because of the Contractor’ s
negligence in maintaining the work shall be accomplished at no cost to the City.
505.04 Method of Measurement. Seeding will be measured by the acre of actual area
covered located within the construction limits as shown on the plans. Sod will be measured by
the SY of actual area covered located within the construction limits as shown on the plans.
Additional watering if so directed will be measured by thousands of gallons ( MG) applied.
505.05 Basis of Payment. Seeding completed and accepted and measured as provided above
will be paid for at the contract unit price bid per acre for Seeding, which price shall be full
compensation for seedbed preparation; for furnishing and applying fertilizer, lime, seed, mulch,
and tackifier; and for all labor, equipment, tools, and incidentals necessary to complete the work.
Payments for seeding will be made according to the following schedule:
1) 50 % On the first regularly scheduled estimate after the Seeding and Mulch Cover are
completed.
2) 25% On the next regularly scheduled estimate, provided that the Engineer/ City Engineer
determines that the seeded and mulched areas have received at least the amount of water
specified in Section 505. 03 above.
3) 25% On the succeeding regularly scheduled estimate, provided that the Engineer/City
Engineer determines that a dense lawn of permanent grass has been established.
Sodding completed and accepted and measured as provided above will be paid for at the contract
unit price bid per square yard for Sodding, which price shall be full compensation for bed
preparation; for furnishing and applying fertilizer, topsoil, and sod; and for all labor, equipment,
tools, and incidentals necessary to complete the work.
Additional watering above and beyond the 1” per week for the first three weeks will be paid for
at the unit price per thousand gallons ( M.G.) of water applied. This work will be paid for only
when directed to by the Engineer/ City Engineer. Any watering to be paid for under this item
shall be conducted in the presence of the Engineer/City Engineer.
Payment will be made under:
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Standard Street and Drainage Specifications
Pay Item Pay Unit
Seeding and Mulching Acre
Solid Sod (Bermuda) SY
Additional Watering MG
Section 506. Mailboxes
506.01 Description. This item shall consist of furnishing and erecting mailbox posts and
installing existing mailboxes on the new posts. When required, it shall also include furnishing
and installing new mailboxes. It shall also include maintenance of existing mailboxes during
construction to ensure uninterrupted mail service in the construction limits.
506.02 Materials. The mailbox post shall be either metal or coniferous wood. All mailbox
posts placed under the contract shall be of the same type. Wood posts shall be 4”x 4” square and
shall be pressure treated with creosote, pentachlorophenol or chromated copper arsenate. Metal
posts shall be 2” in diameter and shall be galvanized.
Mailbox support hardware, including shelf, platform and bracket shall be as shown on the plans.
Anti-twist plate, clamps, spacers, nuts, bolts, and washers shall be galvanized steel.
New mailboxes, when specified on the plans or directed by the Engineer/ City Engineer, shall
comply with the U.S. Postal Service and shall be the same size as the existing mailbox.
506.03 Construction Methods. Mailboxes shall be constructed in the same locations as the
existing mailboxes. It is the Contractor’ s responsibility to note the locations of existing
mailboxes before construction begins. The bottom of the box shall be set at an elevation 3’-6”
above the roadway surface. The roadside face of the box shall be 6” from the face of the curb.
Where a mailbox is located at a driveway entrance, it shall be placed on the far side of the
driveway in the direction of the delivery route. Where a mailbox is located at an intersecting
road, it shall be located a minimum of 100’ beyond the center of the intersecting road in the
direction of the delivery route. If requested by the local postmaster, height and placement of
mailboxes may vary slightly as directed by the Engineer/City Engineer.
No more than two mailboxes may be mounted on one post. Post spacing for multiple mailbox
installations shall be a maximum of 36”.
The mailbox post shall be embedded a minimum of 24” into the ground. A metal post shall have
an anti-twist plate that extends no more than 10” below the ground surface.
The existing mailbox shall be separated from the existing post and attached to the new post. If
the existing mailbox is damaged beyond repair by the Contractor, the mailbox shall be replaced
at no cost to the City. If the existing mailbox cannot physically be removed from the existing
post and re-used, the mailbox shall be replaced under the item Mailboxes. When a mailbox is
replaced, the Contractor shall be responsible for placing identification markings on the new
mailbox corresponding to the markings on the original mailbox.
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Unless otherwise specified, all existing mailbox supports shall be removed and replaced with
new supports. If directed by the Engineer/City Engineer, the existing mailbox shall be restored
under the Contract item Remove and Replace Mailboxes. If directed by the Engineer/ City
Engineer, the existing support and mailbox shall be removed and protected until placement in its
planned location. This work shall be paid for under the item Mailbox/ Support Relocation.
506.04 Method of Measurement. Mailbox Supports, Mailboxes, Remove and Replace
Mailboxes, and Mailbox/Support Relocation will be measured by the unit.
506.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per each for Mailbox Supports of the type specified,
for Mailboxes, or for Remove and Replace Mailboxes, or for Mailbox/ Support Relocation; which
price shall be full compensation for furnishing all materials: for setting posts; for removing and
reattaching existing mailboxes; and for all labor, equipment, tools, and incidentals necessary to
complete the work.
Payment will be made under:
Pay Item Pay Unit
Mailbox Supports ( single) EA
Mailbox Supports (double) EA
Mailboxes EA
Remove and Replace Mailboxes EA
Mailbox/ Support Relocation EA
Section 507. Pavement Markings
507.01 Description. This item shall consist of furnishing and placing pavement markings,
including words, arrows, and emblems, of the color, type and material specified, in accordance
with these specifications and to the dimensions and at the locations shown on the plans or as
directed.
The markings are to be placed under existing traffic conditions. The work shall meet the
requirements of the MUTCD except as modified by these specifications.
507.02 Materials.
a) Paint. Paint shall be a ready mixed white and yellow paint suitable for application on
concrete and bituminous pavements. All paints used for this application shall be listed on the
ARDOT Qualified Products List (QPL). The manufacturer shall furnish a certification for each
lot certifying that the materials supplied conform to all the requirements specified and stating
that the material is formulated the same as the material tested for QPL listing.
b) Thermoplastic Material. Thermoplastic material used shall meet all requirements of Section
719. 02 of the ARDOT Standard Specifications.
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c) Pavement Marking Tape. Pavement marking tape shall be a preformed tape conforming to
Section 720.02 of the ARDOT Standard Specifications for Type 5.
507.03 Construction Requirements.
a) General Requirements. All pavement markings shall be applied to clean, dry surfaces. If
necessary, the Contractor shall clean the surface of the pavement to receive markings before
beginning marking operations. Cleaning of the pavement is considered subsidiary to other items
of work and will not be paid for separately.
Pavement markings shall be placed at the locations shown on the plans, or as directed by the
Engineer/City Engineer. All markings shall have well defined edges, shall be uniform in
thickness, and shall be straight and true. No stripe shall be less than the specified width. Any
corrections of variations in width or alignment of the stripes shall not be made abruptly.
Markings that cannot be corrected to meet these requirements shall be removed at the
Contractor’ s expense and will not be paid for.
Removal of markings shall be performed in such a manner that no conflicting pavement marking
will be left in place. Removal of the pavement marking by a means that will gouge the surface
will not be permitted.
b) Reflectorized Paint. Reflectorized paint shall be applied at a minimum wet film thickness of
15 mils ( a minimum of 16.5 gallons per mile of 4” line). The painted line shall be uniform in
thickness and appearance across the width of the stripe. Glass beads shall be placed on the
surface of the wet paint in the amount of not less than 6 pounds per gallon.
c) Thermoplastic Markings. The thermoplastic compound shall be screed or ribbon extruded
to the pavement surface unless a specific application method is specified.
The thermoplastic material shall be dispensed at a temperature recommended by the
manufacturer. The applicator shall include a cutoff device remotely controlled to provide clean,
square stripe ends and to provide a method for applying skip lines.
Beads applied to the surface of the completed stripe shall be applied by an automatic bead
dispenser attached to the pavement marking equipment in such a manner that the beads are
immediately dispensed upon the completed line. The bead dispenser shall be equipped with an
automatic cutoff control, synchronized with the cutoff of the pavement marking equipment.
Thermoplastic markings shall not be applied to the pavement surface when the pavement surface
temperature is less than 50° F or when the pavement shows evidence of moisture.
On pavements where no pavement markings exist or where the existing pavement markings are
paint or thermoplastic and do not conflict with the proposed pavement markings, blasting with
water or sand or a combination thereof will be required to remove any curing compound,
oxidized paint or thermoplastic, or dirt to ensure a good bond. This blasting is considered surface
preparation and will not be paid for separately.
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Conflicting pavement markings that exist shall be removed by blasting with water and/or sand or
by grinding. This blasting or grinding is considered pavement marking removal.
The thickness of all thermoplastic markings above the roadway surface shall be 90 mils ( a
minimum of 1584 pounds per mile of 4” line). The minimum thickness will be measured in the
center of the line. The minimum ½” from the edges shall not be less than 75% of the thickness
required in the center. Maximum thickness of markings is 3/16”.
On concrete pavements, paint pavement markings meeting the requirements of this section shall
be applied as a primer for the thermoplastic markings, except where thermoplastic markings are
to be applied over existing thermoplastic markings. Paint applied to concrete pavement solely as
a primer will not be measured or paid for separately, but full compensation therefore will be
considered included in the contract unit prices bid for the various items of Thermoplastic
Pavement Markings. A primer other than paint may be used when recommended by the
thermoplastic manufacturer.
d) Pavement Marking Tape. The placement of the pavement marking tape shall comply with
the manufacturer’ s recommendations.
Air temperature shall be a minimum of 60° F and rising or the road temperature shall be a
minimum of 70° F before installation of marking tape will be allowed.
The roadway surface shall be cleaned by the Contractor with high pressure air or by sweeping.
The roadway shall then be marked where the pavement marking polymer is to be applied.
The polymer can then be applied by hand or with a manual or mechanical highway tape
applicator designed for that purpose. Only butt splices will be allowed with no overlapping.
After application, the tape shall be firmly tamped with a minimum 200 lb. Load or by slowly (2-
3 mph) driving over the tape with a vehicle tire. The Contractor shall ensure that all edges are
firmly adhered.
507.04 Method of Measurement and Basis of Payment. Pavement markings will be
measured as follows:
a) Center lines, skip lines, lane lines, edge lines, crosswalk bars, and stop bars will be measured
by the linear foot (LF) of markings actually placed.
b) Words, arrows, and other symbols will be measured by the unit.
c) Pavement marking removal, when specified on the plans, will be measured by the square foot
of marking actually removed.
Work completed, accepted, and measured as provided above will be paid for at the contract price
bid per linear foot for lines of widths specified, per each for symbols, and per square foot for
pavement marking removal.
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Standard Street and Drainage Specifications
Payment will be made under:
Pay Item Pay Unit
4” Yellow Painted Pavement Marking LF
Section 508. Street Signs
508.01 Description. This item shall consist of installing new signs and supports, and/or
relocating existing signs, complete with posts, supports, and concrete bases, where required,
according to these Specifications and to the dimensions and details and at the locations shown on
the Plans or as directed by the Engineer/City Engineer.
508.02 Materials and Fabrication.
a) Signs. Materials used in the fabrication of street signs shall comply with the latest edition of
the ARDOT Standard Specifications Section 723, ARDOT Standard Drawings, and the
MUTCD. Signs and equipment manufactured in accordance with the above mentioned
specification will not be required to be submitted for approval.
b) Supports. Materials used for new and relocated street sign supports shall be U-section
channel or galvanized steel pipe as indicated in the plans.
508.03 Construction Requirements. The Contractor shall install new signs at the locations
as shown in the plans or as directed by the Engineer/City Engineer. The Contractor will maintain
existing signs during construction, and relocate the signs to permanent locations as shown in the
plans or as directed by the Engineer/City Engineer. Should the sign or support become damaged
during construction, the Contractor will furnish the replacement.
Any sign not indicated to be relocated as shown on the plans, or as directed by the Engineer/ City
Engineer shall be salvaged and delivered to the City.
Signs shall be erected at the specified location, plumb, and to the specified vertical and
horizontal clearances.
Roadside directional signs shall be erected at a minimum height of 7' above the pavement edge,
measured to the bottom of the sign. If a secondary sign is mounted below the primary sign, the
primary sign shall be erected a minimum of 8' above the pavement edge and the secondary sign
a minimum of 5' above the pavement edge. Route markers, warning signs, and regulatory signs
shall be erected a minimum height of 6' above the pavement edge. All heights measured to the
bottom of the sign.
The minimum horizontal clearance to any ground mounted sign shall be 2' beyond the edge of
the roadway shoulder or unmountable curb face.
Signs shall normally be erected so that the sign face is vertical and at 93° away from the center
of the lane that the sign serves and away from the direction of travel. Where lanes divide, or on
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City of Fayetteville
curves, sign faces shall be oriented so as to be most effective both day and night, and to avoid the
possibility of specular reflection.
Field drilling of holes in any part of the sign support structure shall be done only when
specified on the plans or as directed by the Engineer.
After sign installation is complete, the signs will be inspected at night by the Engineer. If
specular reflection is apparent on any sign, its position shall be adjusted by the Contractor to
eliminate this condition.
508.04 Method of Measurement. Signs that are relocated or installed new shall be measured
by a complete unit in place (including required footings).
No payment will be made for salvaged signs delivered to the City.
508.05 Basis of Payment. Work completed and accepted under this item and measured as
provided above shall be paid for at the Contract unit price bid for each sign, which price shall be
full compensation for the relocation, or erection of each sign, including support and footing; and
for tools, equipment, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Remove and Reinstall Street/ Bus Stop/ P-Lot Signs w/New Supports EA
Section 509. Erosion Control
509.01 Description. This item shall consist of Temporary Erosion Control Measures to limit,
control, and contain fill materials, soil erosion, sedimentation, and other wastes resulting from
construction activities that could result in harm to private properties as well as public properties,
streams and waterways.
This item shall also include the requirement of the Contractor to implement and maintain the
Stormwater Pollution Prevention Plan ( SWP3/ SWPPP) and to comply with all necessary
approvals and permits.
509.02 Standards.
All work for this item shall comply with all Federal and State requirements including the Clean
Water Act ( 33 U.S.C. 1251 et seq.), the National Pollutant Discharge Elimination System
NPDES), and the Arkansas Water and Air Pollution Control Act (Act 472 of 1949 , as amended,
Ark. Code Ann. 8-4-101 et seq.) and the regulations, orders or decrees issues pursuant thereto.
All work for this item shall further comply with all Local and Municipal requirements including
the City of Fayetteville Code Chapter 170, “ STORMWATER MANAGEMENT, DRAINAGE,
AND EROSION CONTROL” except as modified or augmented herein.
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Standard Street and Drainage Specifications
509.03 Application.
The City will develop the SWP3 and will obtain the permit from the Arkansas Department of
Environmental Quality (ADEQ) for discharge of stormwater from construction activities for the
project.
The requirements of this item shall apply to all construction activities under the Contract. The
Contractor shall implement and maintain the SWP3 for all construction activities under the
contract without regard to size of land area disturbance.
The Contractor’ s operations on lands located off the right-of-way, such as borrow pits, plant
sites, waste sites, or other facilities, may require compliance with this specification and/or
NPDES permit, and may require that additional permits be obtained. Any such additional permits
will be the responsibility of the Contractor. Determination may be based upon location,
jurisdiction and area of land disturbance.
509.02 Responsibilities of the Contractor.
a) General. The Contractor shall comply with City of Fayetteville Code Chapter 170, except as
modified or augmented herein.
The Contractor shall comply with all applicable Federal, State, Local and Municipal regulations
and requirements.
The Contractor shall stabilize the land and comply with requirements of all permits issued for the
project including any additions or revisions thereto.
Upon completion of the construction activities, the Contractor shall file a Notice of Termination
with the City.
b) NPDES Requirements. Construction activities that will disturb soil or remove vegetation on
one (1) or more acres of land during the life of the construction project shall also comply with
the applicable NPDES Permit requirements as administrated by ADEQ.
Construction activities authorized under NPDES GENERAL PERMIT NO. ARR150000 with
the ADEQ shall comply with Section 509.02. “ Responsibilities of the Contractor” ( a) General
above), and the following:
The City will prepare and file the appropriate applications, information, Notice of Intent, SWP3
SWPPP) and other information as required by NPDES GENERAL PERMIT NO. ARR150000
with the ADEQ.
The Contractor shall comply with all NPDES Permit requirements, including, but not limited to,
implementation, maintenance, and modification of the SWP3 as circumstances require, and
documented inspections of erosion and sediment control systems.
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City of Fayetteville
The City will submit to the Contractor one copy of the NPDES Permit and/ or other
correspondence received from ADEQ. The Contractor shall post this information on site in
accordance with the NPDES Permit, and have the current SWP3, inspection logs, and other
required information on site at all times and available for inspection by ADEQ, the City, or other
regulatory agencies as applicable.
The Contractor shall file the Notice of Termination with ADEQ when the site has been finally
stabilized and all storm water discharges from construction activities authorized by the NPDES
Permit are eliminated.
509.03 Construction Methods
Where temporary erosion control measures are shown on the plans and in the SWP3, such
temporary erosion control measures are provided to the Contractor as minimum controls and
guidance. The Contractor shall be responsible to incorporate and expand as necessary the
temporary erosion control measures where shown in the plans in accordance with the approved
SWP3. The Contractor shall modify the SWP3 as necessary in order to fully comply with the
NPDES Permit.
All work required due to the violation of provisions of Corps of Engineers ( COE) Section 404
Permits, NPDES Permits, or other requirements of these specifications which results from
Contractor negligence, carelessness, or failure to perform work as scheduled, shall be performed
by the Contractor at no cost to the City. In addition, the Contractor will be assessed the amounts
of any and all fines and penalties assessed against and costs incurred by the City which are the
result of the Contractor’ s failure to comply with a COE Section 404 Permit or NPDES Permit.
The City will not be responsible for any delays or costs due to the Contractor’ s failure to comply
with the conditions of the COE Section 404 Permit or NPDES Permit. The Contractor will not be
granted additional compensation or contract time due to loss of Permits for noncompliance.
In the event that pollutant spills occur which are the result of the Contractor’ s actions or
negligence, the cleanup shall be performed by the Contractor at no cost to the City.
509.04 Method of Measurement and Basis of Payment.
No measurement of this item will be made.
Temporary erosion control acceptably completed will be paid for at the contract lump sum price
bid for “ Erosion Control”, which prices shall be full compensation for furnishing all materials,
tools, equipment, labor, incidentals and all other items necessary to implement, maintain and
complete the work. Payment for “ Erosion Control” shall also include implementing, maintaining,
and complying with the Stormwater Pollution Prevention Plan ( SWP3/SWPPP); including
design, inspections, fees, report preparation, housekeeping practices, cleaning, maintenance and
all other actions necessary to execute the SWP3 ( SWPPP). Periodic payments will be made
under this item in proportion to the amount of work accomplished as determined by the
Engineer/City Engineer.
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Standard Street and Drainage Specifications
Deductions to this item will be made in the amount of any fines levied on the City by ADEQ or
other regulatory agencies as a result of the failure by the Contractor to comply with the
provisions of COE Section 404 or NPDES Permits.
Payment will be made under:
Pay Item Pay Unit
Erosion Control LS
Section 510. Traffic Control and Maintenance
510.01 Description. This work consists of furnishing, installing, and maintaining necessary
traffic signs, barricades, lights, signals, cones, concrete barriers, pavement marking, and other
traffic control devices and shall include flagging, pilot car operations, and other means for
guidance of traffic through the work zone. The work shall be done according to the MUTCD,
ARDOT Standards, the Standard Specifications and the Contractor’ s approved Traffic Control
plan. An approved Traffic Control plan provided by the Contractor shall be required before any
construction begins. This item shall also include maintenance of roadway surface.
This item shall also include the temporary relocation of traffic and street signs, the maintenance of
the temporarily relocated signs through the construction of the project, and the permanent relocation
of any sign relocated due to construction signage after the construction is complete. Permanent
relocation of any salvaged signs shall consist of furnishing new sign post, new support hardware,
and new concrete bases, where required, in accordance with the dimensions and details shown in
the Plans and at the locations shown in the Plans, or as directed by the Engineer. New sign posts
shall comply with the Standard Specifications and Standard Drawings.
a) Contractor’ s Plan. Traffic Control or Maintenance of Traffic when shown in the Plans is
provided to the Contractor as guidance. The Contractor shall prepare and submit for approval a
detailed Traffic Control or Maintenance of Traffic Plan including adherence to the specified
schedule of construction phases when so indicated in the Contract Documents to the Engineer and
Owner. The Contractor’ s Traffic Control or Maintenance of Traffic Plan shall include and expand
as necessary the Traffic Control or Maintenance of Traffic when indicated in the Plans and
Specifications, and shall be complete with all proposed traffic control or traffic maintenance devices
including proposed temporary roadway widening. The Contractor shall prepare and submit the
detailed Maintenance of Traffic Plan to the Engineer and Owner 7 days prior to the preconstruction
conference and in accordance with these Specifications.
Upon approval of the Contractor’ s Maintenance of Traffic Plan by the Owner in writing, the
Contractor shall supply the City Engineer, the Fire Chief and the Police Chief one ( 1) copy each for
their files. Two (2) copies shall be supplied to the Engineer.
The Contractor shall initiate and maintain all necessary labor and materials necessary to construct
the project in a manner which will guarantee public safety with a minimum of inconvenience.
Additional work, at no additional costs to the Owner, shall be performed by the Contractor during
construction as directed by the Owner or Engineer if necessary to insure the above standards.
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City of Fayetteville
b) Contractor Personnel. The Contractor shall designate a traffic control supervisor to furnish
continuous surveillance over traffic control operations. This supervisor shall be available at night
and weekends to respond to calls involving traffic control. The name of the traffic control
supervisor shall be provided at the preconstruction conference and to local police.
The Contractor’ s personnel who are used to maintain traffic flow, such as flagmen or any other
person, who verbally communicates with or gives directions to the motorized public, shall speak
English fluently.
c) Driveways. Maintenance of driveways shall be as approved by the Engineer/ City Engineer.
Unless indicated otherwise, it shall be the Contractor's responsibility to maintain adequate access to
private and commercial property at all times, except as required for construction across the
driveway as approved by the Engineer. During the construction of driveways or at any time that a
property owner cannot use his driveway, the Contractor shall notify the property owner ( one week
in advance, minimum) when the driveway will be closed and the approximate length of time that it
will be closed. The intent of this section of the Specifications is to cause as little inconvenience as
possible to private property owners.
d) Relocation and Replacement of Traffic Signs and Pavement Striping. During the
construction of the project, the temporary relocation of street signs and traffic control signs will be
performed by the Contractor. The Contractor shall maintain the signs at highly visible locations as
near as practicable to the original locations. The latest edition of the Manual of Uniform Traffic
Control Devices published by the Federal Highway Administration shall be used as a guide to the
placement of signs during construction.
Immediately after the construction of any part of the project reaches a stage of completion such that
the relocation of the street signs and traffic control signs is no longer necessary, the Contractor shall
permanently relocate the street signs and traffic control signs. Removing any construction signage
must be approved by the Engineer.
Street signs and traffic control signs shall be removed from such area of work as necessary to permit
work on the project. Each sign shall be temporarily relocated in a secure manner by driving the sign
into the ground with equipment approved by the Engineer, or otherwise installed as approved to
prevent damage to underground utilities. Street signs no longer necessary shall be salvaged in good
condition and restored to their original use or returned to the Owner if no longer needed.
Existing striping shall be removed and new temporary stripes and other pavement markings shall be
provided by the Contractor. Work shall be performed in accordance with SECTION 720 ( for Type
4) -PERMANENT PAVEMENT MARKING TAPE of the Standard Specifications. Pavement
markings not necessary to the phased construction patterns shall be removed or obliterated with
black paint, as approved by the Engineer. Striping shall be maintained and restored as necessary
during construction.
e) Suspension of Work. If the Owner or the Engineer determines that provisions for safe traffic
control are not being provided or maintained, the work will be suspended. In cases of serious or
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Standard Street and Drainage Specifications
willful disregard for safety of the public or construction workers, the Owner will place the traffic
control devices in proper condition and deduct the costs from monies due the Contractor.
510.02 Maintenance Requirements. Unless approved otherwise by the City, the road, while
undergoing improvements, shall be kept open by the Contractor to all traffic. When so provided
on the plans, or the Contractor’ s approved plan, the Contractor may bypass traffic over an
approved detour route. The Contractor shall keep the portion of the project being used by public
traffic, whether it is through or local traffic, in such condition that will permit the safe,
continuous flow of two-way traffic at all times. When a part of the plans or when approved by
the City, areas where the nature of the work restricts or prohibits two-way flow, one-way
operation may be maintained by using flaggers or timed signalization. The Contractor shall also
provide and maintain in a safe condition temporary approaches, crossings and intersections with
trails, roads, streets, businesses, parking lots, residences, garages, farms, etc.
As part of regular traffic maintenance, the Contractor shall remove all snow and ice accumulated
on the traveled roadway. Exposed soil that becomes muddy due to rains or other precipitation
shall be removed or covered with aggregate base material to the satisfaction of the City. Dust
shall be controlled at all times. In the event that watering does not satisfactorily control the dust,
other methods of dust control will be required.
Necessary traffic control devices shall be properly placed and in operation before starting
construction. When work of a progressive nature is involved, such as resurfacing, the appropriate
traffic control devices shall be kept current and placed only in the areas of actual work activities.
All traffic control devices shall meet the requirements of the ARDOT Standard Specifications
Section 604. 02 and the most current version of the MUTCD.
If the City determines that provisions for safe traffic control are not being provided or
maintained, the work will be suspended. In cases of serious or willful disregard for safety of the
public or construction workers, the City will place the traffic control devices in proper condition
and deduct the costs from monies due the Contractor.
Types of barricade supports or devices not specifically described in the MUTCD shall not be
used. The methods used to control traffic for lane changes or other diversions shall meet the
MUTCD and the traffic control plan.
Portable changeable message signs meeting the requirements of Section 604 of the ARDOT
Standard Specifications shall be used if and where directed by the City.
510.03 Method of Measurement. Aggregate base for traffic maintenance, if specifically
included as a bid item, will be measured by the ton of material placed for traffic control. No
payment will be made under this item unless base placement is specifically directed by the
Engineer/City Engineer. No base so directed shall be placed without the Engineer/City Engineer
or authorized representative present. The tonnage of material placed shall be substantiated by
truck tickets delivered along with the base material and presented to the Engineer/City Engineer
at the time of base placement. If an item for aggregate base for traffic control is not included, it
shall be considered subsidiary to other items.
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City of Fayetteville
When directed or approved for use by the City, portable changeable message signs meeting the
requirements of Section 604 of the ARDOT Standard Specifications will be measured for
payment by the number of days each sign is required and authorized by the City. Payment for a
full day will be made for any portion of a day that the panel or sign is used, but the measurement
shall not exceed one per sign on any calendar day.
No other traffic control items will be measured.
510.04 Basis of Payment. Payment for aggregate base for roadway maintenance as measured
above will be made at the unit price bid per ton.
All other traffic control and maintenance materials and activities will be paid for at the lump sum
price bid for traffic control.
Payment will be made under:
Pay Item Pay Unit
Traffic Control and Maintenance LS
Aggregate Base for Roadway Maintenance Ton
Portable Changeable Message Sign Day
Section 511. Mobilization
511.01 Description. This item shall consist of preparatory work and operations, including
those necessary for the movement of personnel, equipment, supplies, and incidentals to the
project site.
This item shall also include other work and operations that must be performed, or for expenses
incurred, before beginning work on the various Contract items on the project site. It shall also
include pre-construction costs which are necessary direct costs to the project and are of a general
nature rather than directly attributable to other pay items under the Contract.
511.02 Measurement and Payment. Mobilization will be measured as a complete unit and
will be paid for at the contract lump sum price bid. In computing the allowable partial payments
from the schedule below, the percentage of the original Contract earned will be based on all
items exclusive of the item of Mobilization, and payment for this item at any of the listed stages
of completion will be made on the basis of the percentage of the item allowed less all payments
made.
PARTIAL PAYMENT SCHEDULE
Percent of Original Contract Percent of Bid Price for
Amount Earned Mobilization Allowed
First Pay Estimate 25%
10% 50%
25% 100%
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Standard Street and Drainage Specifications
This item will be paid for on regular estimates. Payments on percentages of the original Contract
amount other than those set out above will not be considered. No adjustment in the amount bid
for this item will be made for additional quantities or items of work required to satisfactorily
complete the Contract.
IN NO CASE SHALL THE AMOUNT BID FOR THE ITEM OF “ MOBILIZATION”
EXCEED 5% OF THE TOTAL CONTRACT AMOUNT FOR ALL OTHER ITEMS LISTED
IN THE PROPOSAL.
Payment will be made under:
Pay Item Pay Unit
Mobilization LS
Section 512. Fences
512.01 Description. This item shall consist of furnishing and erecting wire fence, chain link
fence, wood privacy fence, decorative metal fence and gates according to the plans and these
specifications, and in reasonably close conformity to the lines, grades, and alignment shown
on the plans or as directed.
512.02 Materials.
a) General. All materials used shall be new and shall comply with the requirements for the
class and type of material specified unless directed otherwise in the plans or by the Engineer.
Previously used materials will be allowed for temporary fencing.
Concrete for setting posts shall comply with Section 601 for Class 1 Concrete.
b) Wire Fence. Wood posts and braces shall be pressure treated, seasoned, sound, and
reasonably straight southern pine or Douglas Fir of the West Coast Region. The posts shall be
round and free from excessive end splits. Before pressure treatment, the posts and braces shall
have the bark removed, the knots trimmed flush, and the ends cut square. Posts that are to be
driven shall have the small end tapered. Posts shall be treated by a standard empty cell or full cell
process according to AWPA practice using creosote and retaining a minimum of 8 pounds per
cubic foot of wood; or using pentachlorophenol, or chromated copper arsenate and retaining a
minimum of 0.4 pounds per cubic foot of wood.
Metal posts and braces shall be of good commercial quality iron or steel and may be tubular, T,
U, Y, or other shape manufactured for use as fence posts or braces.
Woven Wire Farm Fence shall be AASHTO Design Number 1047-6-11 AASHTO M 279 or
ASTM A116, Class 3 galvanizing.
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City of Fayetteville
Barbed wire shall be 12 ½ gauge with 4-point barbs and shall comply with AASHTO M 280,
Class 3 galvanizing.
As an alternate to the barbed wire specified above, high tensile wire having the same galvanizing
and breaking strength as Class 3, 12 ½ gauge wire, and complying with the remaining
requirements of AASHTO M 280 for a four point barb may be used.
The minimum gauge of the high tensile barbed wire shall be as follows:
1) Strand wire gage: 15 ½
2) Barb wire gage: 17
Staples used to attach the wire fencing to wood posts shall be galvanized 9 gauge, 38 mm ( 1-½”)
in length.
Steel line posts shall be galvanized or painted and comply with AASHTO M 281. Tubular steel
posts shall comply with Grade 1 or Grade 2 of AASHTO M 181, or an approved alternate of
Grade 2.
Hardware and fittings shall comply with ASTM F 626. Any miscellaneous hardware or fittings
not mentioned in ASTM F 626 shall be galvanized according to the applicable requirements of
AASHTO M 111 or M 232.
c) Chain Link Fence. Material for chain link fence shall comply with AASHTO M 181 Types
I, II, or III. Steel members for posts, rails, expansion sleeves, and gate frames may be either
Grade 1 or Grade 2. The shape, size, and length of posts and rails, and the height of fabric shall
be as shown on the plans.
Hardware and Fittings shall comply with ASTM F 626. Any miscellaneous hardware or fittings
not mentioned shall be galvanized according to AASHTO M 111 or M 232. Tension wire shall
be minimum 7 gauge.
Aluminum alloy fabric shall be used only with aluminum posts. Aluminum coated steel fabric
and galvanized steel fabric, Class C, shall be used only with Grade 1 or Grade 2 steel posts.
Fence fabric shall be minimum 9 gauge wire for 6’ fencing and 12 gauge wire for 4’ fencing.
Frames for gates shall be galvanized steel or aluminum of the type and length shown on the
plans. Frames shall be Grade 1 or Grade 2. Welds shall be galvanized.
Commercial gates may be used if they are equal to or better than the planned gates as
determined and approved by the Engineer/City Engineer.
The gate fabric shall be of the same type material and be in accordance with the same
specifications as the adjoining fence.
d) Wood Privacy Fence. All pine wood material shall be pressure treated with
pentachlorophenol or chromated copper arsenate and shall retain a minimum of 0.4 pounds per
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Standard Street and Drainage Specifications
cubic foot of wood. Cedar panels shall be reasonably straight and free from knots, warping, and
other defects.
e) Temporary Fencing. Materials for temporary fencing shall be appropriate for the use
intended.
512.03 Construction Requirements.
a) General. The fence shall be erected parallel to the right-of-way line, or as directed. Unless
otherwise specified, the fence shall be a minimum of 6” and a maximum of 1’ behind the right-
of-way line. The fence grade shall generally follow the ground contour, but shall present a
uniform appearance. Minor grading along the fence line may be necessary to obtain the desired
uniformity in fence grade. The fence alignment may be adjusted by the Engineer/ City Engineer
to preserve trees, land monuments, and property corner markers.
b) Wire Fence. Line posts and pull assemblies shall be spaced as shown on the plans. Wood
corner, gate, and pull posts may be driven in place provided the driving does not damage the
post; or they may be set in dug holes and set in concrete. Metal corner, gate, end, and pull posts
shall be set in concrete. Wire shall not be stretched onto posts set in concrete until seven days
after placement of posts. Posts shall be set plumb.
The Contractor has the option of using wood or steel posts and braces unless otherwise specified,
but shall use the same material on the entire project. Wood end, corner, and pull posts may be
used with steel line posts.
When solid rock is encountered, the posts shall be set into the rock a minimum of 10” for line
posts and 16” for end, corner, gate, and pull posts. The hole in the rock shall have a minimum
cross section dimension 1” greater than the post to be set. The posts shall be cut before setting to
give the proper length above ground surface. The hole shall be filled with Concrete or a grout
consisting of 1 part portland cement and 3 parts concrete sand.
Wire tension braces for wood pull, end, and corner assemblies shall consist of a 9 gauge wire
passed around the posts to form a double wire. The wire shall be fastened to each post and the
ends fastened together to form a continuous wire. The wires shall then be twisted together until
the wire is in tension.
Where the new fence joins an existing fence, the two shall be attached in a satisfactory manner,
with end posts being set as directed. Where the proposed fence intersects an existing fence, the
end post shall be set for the existing fence clear of the proposed fence line as shown on the plans.
The wire of the existing fence shall be stapled to the end post.
Pull post assemblies shall be placed at intervals of not more than 300’ in straight alignment on
level or uniformly sloping ground. Pull posts shall also be placed at all sharp vertical angle
points in the line.
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City of Fayetteville
Corner post assemblies shall be placed at all horizontal angle points of 15° or more in the fence.
When the distance from a corner post to the next corner or pull post is less than 165’, one
approach span on the corner assembly may be omitted.
End post assemblies at fence ends, gates, bridge abutments, and on banks of streams shall be
erected in the same manner as corner construction. Extra length posts shall be provided for
crossing small streams, ditches, ravines, or soft ground. Additional depth of set shall be secured
in soft ground as directed.
The wire shall be attached to the face of the post away from the street. The wire shall be attached
to wood line posts with staples driven at right angles to the grain and at a slight downward angle
to attain the best anchorage. The staples shall not be driven tightly against the wire but shall
leave free space for adjustment in tension due to changes in temperature. Wire shall be attached
to steel line posts with approved galvanized clips. All barbed wire and alternate line wires of
woven fabric shall be fastened to each line post. Barbed wire and all line wires of woven fabric
shall be fastened to end, corner, and pull posts by wrapping the wire around the posts and tying
the wire back on itself with not less than 3 tightly wrapped twists. Splicing of barbed wire and
woven wire shall be done according to the plans. Gates of the same width and material type shall
be placed at locations of existing gates as shown on the plans. Gates may be re-used if they have
not been damaged during the construction period. If existing gates are not in satisfactory
conditions for reuse, they shall be replaced at no cost to the City.
c) Chain Link Fence. All posts shall be set in concrete as shown on the plans, plumb, and true
to line and grade. Concrete shall comply with Section 601 for Class 1 and shall be thoroughly
tamped around the posts. The posts shall be equally spaced in the line of fence not to exceed a
spacing of 10 feet. The top of the footing shall be domed to drain water away from the post.
Concrete in post footings shall be at least 7 days old before stretching and securing fabric to
posts, bracing, or hanging gates.
Top rails shall pass through post caps and shall be securely fastened to end, brace, pull, and
corner posts. Joints in top rails shall be made with expansion sleeve couplings to provide a
substantial connection and allow for expansion and contraction of the rail.
Before the fence fabric is placed, the tension wire shall be placed at the proper location; stretched
taut; securely anchored to each end, corner, or intermediate brace post; and satisfactorily
fastened to each line post.
The fence fabric shall be attached to the face of the post facing the street.
The end of the fabric shall be attached to the posts by means of a stretcher bar threaded through
the end loops of the fabric and secured to the posts with clamps and bolts. The fabric shall be
stretched to remove all slack with approved stretching equipment. The stretched fabric shall be
secured to line posts, top rail, braces, and tension wire with specified fabric fasteners. Fabric
fasteners shall be placed on line posts at not greater than 24” centers. Stretching operations shall
be repeated at approximately every 100’ for each run of fence. The use of trucks, tractors, and
similar equipment will not be permitted in the stretching operation, except as anchors.
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Standard Street and Drainage Specifications
Splicing of the fabric shall be done by interweaving a wire picket through each end loop of each
piece of fabric in a manner that will neatly and securely fasten the lengths of fabric together.
d) Wood Privacy Fence. Wood privacy fence shall be constructed at all locations where
existing privacy fence is required to be removed, at other locations shown on the plans, or as
directed by the Engineer/ City Engineer.
Wood privacy fence shall be constructed as shown on the plans or shall match the existing fence
in materials and configuration as closely as possible. Materials and workmanship of wood
privacy fences, including gates, shall be of the same or better quality as the existing fence.
e) Gates. Gates of the length and type of existing gates shall be constructed at the locations
shown on the plans or as directed.
f) Temporary Fencing. Temporary fencing shall be installed as required to contain livestock,
pets, and to maintain safety and security of adjacent properties. Fences shall be installed and
maintained that their intended purpose is accomplished.
g) Remove & Reinstall Wood Privacy Fence. Wood privacy fence required to be relocated
shall be removed in a manner not to damage the fencing material. Any fence material not
suitable for reinstallation shall be replaced with like materials at no cost to the City. The
Engineer/ City Engineer will determine if the material is not suitable for use.
h) Remove & Reinstall Chain Fence. Chain Link fence required to be relocated shall be
removed in a manner not to damage the fencing material. Any fence material not suitable for
reinstallation shall be replaced with like materials at no cost to the City. The Engineer/ City
Engineer will determine if the material is not suitable for use.
i) Remove & Reinstall Decorative Metal Fence. Decorative Metal fence required to be
relocated shall be removed in a manner not to damage the fencing material. Any fence material
not suitable for reinstallation shall be replaced with like materials at no cost to the City. The
Engineer/ City Engineer will determine if the material is not suitable for use.
j)Fence will be measured by the linear foot in place along the midpoint in height of the fence
from outside to outside of the end posts. The lengths of gates will be excluded from this
measurement.
k) Gates will be measured by the Linear Foot.
l) Temporary fencing, if included as a bid item, will be measured by the linear foot ( LF). If this
item is not included as a pay item, temporary fencing will be considered subsidiary to other items
and will not be measured.
512.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for as follows:
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City of Fayetteville
Barbed Wire Fence will be paid for at the contract unit price bid per linear foot for Barbed Wire
Fence. Barbed and Woven Wire Fence will be paid for at the unit contract price per linear foot
for Woven and Barbed Wire Fence. Chain Link Fence will be paid for at the contract unit price
bid per linear foot for Chain Link Fence of the height specified. Wood Privacy Fence will be
paid for at the contract unit price bid per linear foot for Wood Privacy Fence of the height
specified. Decorative Metal Fence will be paid for at the contract unit price bid per linear foot for
Decorative Metal Fence of the height specified. Gates will be paid for at the contract unit price
bid per linear foot for Gates of the type and dimensions specified. Temporary fencing will be for
at the contract price per linear foot for temporary fencing of appropriate materials and heights.
The contract unit prices mentioned above shall be full compensation for clearing, grading, setting
posts, removing fence, erecting fence, and removing temporary fences; for excavation and
backfill; for furnishing materials; and for all labor, equipment, tools, and incidentals necessary to
complete the work.
Payment will be made under:
Pay Item Pay Unit
Barbed Wire Fence LF
Woven and Barbed Wire Fence LF
Woven Wire Fence LF
Chain Link Fence LF
Chain Link Gates LF
Wood Privacy Fence LF
Gates for Wood Privacy Fence LF
Temporary Fencing LF
Remove & Reinstall Wood Privacy Fence LF
Remove & Reinstall Chain Link Fence LF
Remove & Reinstall Decorative Metal Fence LF
Section 513. Handicap Ramps
513.01 Description. This item shall consist of the construction of handicap ramps in
accordance with these specifications and the Standard Drawings at the locations shown on the
plans or as directed by the Engineer/City Engineer.
513.02 Materials. Concrete used shall meet the requirements for Class 1 Concrete as provided
in Section 601. The maximum allowable slump shall be 4 inches. The maximum water-cement
ratio for the mix selected shall not be exceeded.
Cast-in-place detectable warning panels used shall be composed of a vitrified polymer composite
material. The color of the panels shall conform to Federal Color No. 33538, and shall be
homogeneous throughout the product. The panels shall be cast into the wet concrete. Surface
applied products shall not be allowed. The cast-in-place detectable warning panels shall meet the
size and spacing requirements shown in the plans.
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513.03 Construction Requirements. When a ramp is to be constructed on an existing
sidewalk, any items that are planned to be retained but are damaged during the removal or
construction operations shall be repaired at no cost to the City.
Handicap Ramps shall be constructed in accordance with Section 502 and the current City of
Fayetteville Standard Drawings. Cast-in-place detectable warning panels shall be installed into
the wet concrete per the manufacturer’ s specifications.
513.04 Method of Measurement. Cast-in-place detectable warning panels will be measured
by the square foot. Concrete used in Handicap Ramps will be measured by the square yard.
Limits of measurement will be as shown on the Plans.
513.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per square foot for Cast-in-Place Detectable
Warning Panels and per square yard for Handicap Ramp Concrete of the type specified, which
price shall be full compensation for excavation and backfilling; for furnishing materials
including joint filler; for constructing the ramp, for furnishing and placing cast-in-place
detectable warning panels; and for all equipment, tools, labor, and incidentals necessary to
complete the work.
Payment will be made under:
Pay Item Pay Unit
Cast-in-Place Detectable Warning Panel SF
Handicap Access Ramp SY
Section 514. Project Signs
514.01 Description. This item shall consist of installing new project signs and supports
furnished by the Contractor as shown on the plans, or as directed by the Engineer/ City Engineer.
The layout of the sign must be submitted to the Engineer for approval prior to installation.
514.02 Materials and Sign Layout. The structure and frame of project signs shall be wood
or metal and shall structurally adequate to support the sign. Rough hardware shall be galvanized
or aluminum.
The sign surface shall be constructed of minimum ¾-inch thickness exterior grade plywood with
medium density overlay. Panels shall be of size to minimize joints. Overall size shall be 4’ x 8’
unless otherwise specified.
Paint colors will be selected by Owner. Information Content shall be as follows:
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1) Project title, logo, and name of Owner as shown on Contract Documents.
2) Names and titles of authorities.
3) Name, title and address of Engineer.
4) Name of prime Contractor and major Subcontractors.
5) Any additional information requested by Owner.
514.03 Construction Requirements. The Contractor will furnish new project signs and
supports and shall install the signs at the locations as shown in the plans or as directed by the
Engineer/City Engineer. The Contractor will maintain the signs during construction. Should the
sign or support become damaged during construction, the Contractor will furnish the
replacement. The project signs shall be installed within two days after commencement of
mobilization. Project signs are to be removed following the announcement of the project’ s Final
Completion by the Engineer/ City Engineer. Final payment will be withheld until project signs
have been removed.
514.04 Method of Measurement and Basis of Payment. Projects signs will be measured
on a per each basis. Payment will be made for each sign constructed and installed according to
the Plans and Specifications in the locations designated by the City. The price bid for each sign
will be full compensation for all construction, installation, and maintenance of the signs.
Payment will be made under:
Pay Item Pay Unit
Project Signs EA
Section 515. Handrail
515.01 Description. This item shall consist of furnishing and erecting galvanized steel
handrail on box culverts, headwalls, retaining walls, sidewalks, or steps, where shown on the
Plans, or as directed by the Engineer/City Engineer, in accordance with the details shown on the
Plans and with these specifications.
515.02 Materials.
a) General. All materials used shall be new and shall comply with the requirements for the
class and type of material specified.
All handrail materials shall be galvanized, powder coated steel, coated at the rate of 2.0 ounces
of zinc per square foot of surface coated with a 3 mil dry film thickness of powder coating top
coat suitable for exterior application. The powder coating color shall be selected by the owner
from a color chart provided by the contractor.
515.03 Construction Requirements.
a) General. All welding shall be in accordance with current provisions of Specifications for
Welded Highway and Railroad Bridges, American Welding Society. Welding shall be done by
the shielded arc method and shall be done only by certified welders. Welding rods shall be low
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Standard Street and Drainage Specifications
hydrogen suitable for use with the metal being welded. Welds joining sections of handrail shall
be ground smooth prior to touch up painting. All damaged coatings shall be repaired in
accordance with paint manufacturer recommendations and to the satisfaction of the City.
Other galvanizing and painting methods may be used if approved by the Engineer/ City Engineer.
Prior to installation, the Contractor shall contact the Engineer/ City Engineer for his inspection of
the Handrail.
515.04 Method of Measurement.
a) Galvanized steel handrail will be measured by the linear foot, completed and accepted.
515.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for as follows:
Steel handrail acceptably completed and measured as provided above, will be paid for at the
contract unit price per linear foot bid for “Steel Handrail,” which price shall be full compensation
for furnishing and installing all materials, including sleeves with plates, grout; and for all
equipment, tools, labor, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Steel Handrail LF
Section 516. Cold Milling Pavement
516.01 Description. This item shall consist of cold milling the asphalt or concrete pavement at
the locations designated on the plans or by the Engineer/ City Engineer and removing the
resulting material from the street right-of-way. Unless otherwise provided, the reclaimed
pavement shall become the property of the Contractor. The pavement remaining after milling
shall provide a surface suitable for maintaining traffic.
516.02 Equipment. The Contractor shall provide self-propelled equipment with sufficient
power, traction, and stability to maintain an accurate depth of cut and slope. The equipment shall
be capable of accurately and automatically establishing profile grade along each edge of the
machine by referencing from the existing pavement by means of a ski or matching shoe, or from
and independent grade control and shall have an automatic system for controlling cross slope at a
given rate. The milling machine shall have an effective means for preventing dust resulting from
the operation from escaping into the air.
Provision shall be made, either integrally with the milling machine, or by the use of additional
equipment, to remove the material being cut from the surface of the roadway.
516.03 Construction Requirements. The existing pavement shall be cold milled to a
minimum depth as shown on the plans.
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City of Fayetteville
516.04 Method of Measurement. Cold Milling Pavement will be measured by the square
yard ( SY) of pavement milled to the depth specified.
No separate payment will be made for repair or replacement of manholes, valve boxes, or other
appurtenances which are located and identified in advance of the cold milling operation and
which are damaged by the Contractor.
516.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per square yard for Cold Milling Pavement, which
price shall be full compensation for all work as prescribed herein, and for all labor, equipment,
tools, and incidentals necessary to complete the work.
Payment will be made under:
Pay Item Pay Unit
Cold Milling Pavement SY
Section 517. Tree Protection Fencing
517.01 Description. This item shall consist of providing, installing, and maintaining tree
protection fencing per the detail in the Drawings at all the locations indicated on the Drawings
and/or as directed by the Engineer.
517.02 Materials.
517.03 Construction Requirements. Tree protection fencing shall be installed at locations
shown on the Plans, or as directed by the Engineer prior to any construction operations within
the vicinity. Fencing shall be installed in accordance with the details on the plans, and shall be
maintained so that it provides adequate protection throughout the Project. Fencing shall be
removed after all work has been completed or when directed by the Engineer.
517.04 Method of Measurement. Tree Protection Fencing shall be measured by the linear
foot (LF) of Tree Protection Fencing actually installed.
517.05 Basis of Payment. Work completed and accepted and measured as provided above
will be paid for at the contract unit price bid per Linear Foot for Tree Protection Fencing, which
price shall be full compensation for providing, installing, maintaining, and removing tree
protection fencing, and for all labor, equipment, tools, and incidentals necessary to complete the
work.
Payment will be made under:
Pay Item Pay Unit
Tree Protection Fencing LF
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Standard Street and Drainage Specifications
DIVISION 600. MATERIALS
Section 601. Cast-in-Place Concrete
601.01 Description. This item shall consist of concrete in pavements, culverts, and
miscellaneous structures, prepared and constructed in accordance with these specifications and
conforming to the lines, grades, dimensions, and designs shown on the plans. Concrete shall
consist of approved portland cement, fine aggregate, coarse aggregate, water, and any approved
chemical admixtures mixed in the proportions specified for the various classes of concrete. All
concrete shall be from a supplier approved by the Arkansas Department of Transportation.
601.02 Materials. The materials used in concrete shall conform to the requirements of ARDOT
Standard Specifications Section 802. 02. Coarse aggregate gradation shall conform to the
requirements for Class A, S, S(AE), and Seal Concrete in Section 802.02.
Admixtures shall be used to improve certain characteristics of the concrete when specified on the
plans. They may also be used when requested by the Contractor and approved by the City. The
Contractor’ s request shall be supported with the manufacturer’ s certified formulation of the
proposed admixture and with sufficient evidence that the proposed admixture has given
satisfactory results on other similar work. Permission to use the admixture may be withdrawn at
any time by the City when satisfactory results are not being obtained.
Admixtures shall be approved by the City. Admixtures shall be compatible with each other, as
advised by the manufacturer. The admixture dosage rate range as recommended by the
manufacturer shall be used. Should the dosage rate for any admixture not yield desirable
characteristics in the concrete, the dosage of admixture used shall be based on test results
obtained by trial batches.
Admixtures shall be added to the mixing water by means of a mechanical dispenser that will
accurately meter the additive throughout the mix water cycle. The dispenser shall be constructed
and connected so that the Engineer/ City Engineer can readily determine the amount of admixture
entering the mixing water.
Fly ash may be used as a partial cement replacement not exceeding 20% by weight of the cement
when approved by the City. When fly ash is used, the total weight of both cement and fly ash
will be used in design calculations. Fly ash used in concrete shall meet the requirements of
ASTM C 618, Class C or F. Mixing of Class C and Class F fly ashes will not be permitted. Use
of fly ash shall be discontinued immediately, as directed by the Engineer/City Engineer, when
such use is determined to be causing the production of concrete that does not meet
Specifications.
601.03 Classes of Concrete. One class of concrete is provided for in these specifications.
The appropriate class of concrete shall be used as specified below or where designated by the
Engineer/City Engineer.
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City of Fayetteville
The following requirements shall govern unless otherwise shown on the plans:
Class 1 concrete shall be used in curb and gutter, sidewalks, drop inlets, junction boxes, box
culverts, bridges, concrete pavement, and miscellaneous concrete items.
This class of concrete shall not be used if concrete is to be placed underwater. Concrete to be
placed under water shall meet ARDOT Specifications for Seal Concrete.
601.04 Classification and Proportioning. The concrete mixture shall be proportioned to
insure a workable and durable concrete, as specified in the following table:
Characteristic Class 1
Minimum Compressive Strength (psi at 28 days) 4000
Minimum Cement Content ( bags per cu. yd.) 6.5
Maximum Water/Cement Ratio 0.44
Slump Range ( Inches) 1-4*
Air Content Range (%) 4-7
Maximum Fly Ash Content 20%
Maximum slump shall be 2” when slip form paving methods are used.
For all classes of concrete, the concrete materials shall be using the Absolute Volumes method in
accordance with the requirements for the class specified.
The Contractor shall submit a mix design meeting the requirements of these Specifications.
Certification that all materials used in the concrete mix meet the requirements of these
Specifications shall be included with the mix design. No concrete shall be placed until a mix
design is approved by the City.
Compressive strengths for all classes of concrete will be determined from test cylinders made in
accordance with AASHTO T 23. If the strength required for the class of concrete being produced
is not obtained with the minimum cement content specified, additional cement shall be used at no
extra cost to the City.
601.05 Sampling and Testing. During the progress of work, concrete test specimens will be
made by the City or its authorized representative in accordance with American Concrete Institute
testing procedures. Sampling frequency will be as specified in Section 107.
Slump will be determined using AASHTO T 119. Air content will be determined using
AASHTO T 152. Compressive strength specimens will be made in accordance with AASHTO T
23 and tested in accordance with AASHTO T 22.
Specimens for determining when forms may be removed, when a structure may be put in service,
or when concrete piling may be driven will be cured, as nearly as practicable, in the same
manner as the concrete in the structure and in accordance with AASHTO T 23.
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Standard Street and Drainage Specifications
601.06 Measurement of Materials. Materials will be measured by weighing, except as
otherwise specified or where other methods are specifically authorized by the Engineer/City
Engineer. Aggregates shall be measured separately and accurately by weight. Measuring devices
shall be operated in a manner that will consistently weigh the cement within ± 1% and the
individual aggregates within ± 2% of the required weight. Measuring devices shall be so
designed and plainly marked that the weights can be accurately and conveniently verified for the
quantities of each component actually being used.
Cement in standard packages (sack) need not be weighed, but bulk cement shall be weighed.
The mixing water shall be measured by weight or by volume. The water measuring device shall
be accurate to within 1%.
When the aggregates contain more water than the quantity necessary to produce a saturated
surface-dry condition, representative samples shall be taken and the moisture content determined
for each kind of aggregate.
601.07 Mixing Concrete. Concrete shall be thoroughly mixed in a mixer of an approved size
and type that will insure a uniform distribution of the materials throughout the mass.
The concrete shall be mixed only in the quantity required for immediate use. Concrete that has
developed an initial set shall not be used. Re-tempering concrete will not be permitted.
Mixers and agitators shall not be charged in excess of the manufacturer’ s rated capacity.
Concrete shall be delivered and discharged from the truck mixer or agitator into the forms within
1½ hours after the introduction of the mixing water to the cement. In hot weather, or under other
conditions contributing to quick setting of the concrete, the maximum allowable time may be
reduced by the Engineer/ City Engineer. Each mixture shall be accompanied by a truck ticket
issued at the batch plant. This ticket shall include the following information:
1) Unique ticket number.
2) Identification of the truck.
3) Date and time of batching.
4) Total weights and/ or volumes of each component.
5) Total volume of mix.
6) Total quantity of water added after batching.
7) Time of discharge.
Plants and transit mix trucks shall be equipped with adequate water storage and a device for
accurately measuring and controlling the amount of water used in each batch.
Truck mixers shall be capable of combining the ingredients of the concrete into a thoroughly
mixed and uniform mass, and of discharging the concrete within the specified range of
consistency. The concrete shall be mixed not less than 70 nor more than 100 revolutions of the
drum or blades at the rate of rotation specified by the manufacturer as the mixing speed. The
pick-up and throw-over blades in the drum of all mixers shall be maintained in satisfactory
condition to assure thoroughly mixed concrete.
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City of Fayetteville
If additional mixing water is required to maintain the specified slump, approximately 20
revolutions of the mixer drum at mixing speed shall be required before discharge of any
concrete. No additional water shall be added without approval of the Engineer/City Engineer.
601.08 Handling and Placing Concrete.
a) General. The Contractor shall provide sufficient supervision, manpower, equipment, tools,
and materials and shall assure proper production, delivery, placement, and finishing of the
concrete for each placement in accordance with the specifications.
The time interval between batches of concrete in a continuous placement shall not exceed 20
minutes. The minimum placement rate shall be 20 cubic yards per hour in bridges, box culverts,
and retaining walls.
In preparation for the placing of concrete, construction debris and extraneous matter shall be
removed from the interior of forms. Struts, stays, and braces, serving temporarily to hold the
forms in correct shape and alignment pending the placing of concrete, shall be removed when the
concrete placement has reached an elevation rendering their service unnecessary.
b) Conveying. Concrete shall be placed to avoid segregation of the materials and the
displacement of the reinforcement. The use of long troughs, chutes, and pipes for conveying the
concrete to the forms will be permitted only when authorized by the Engineer/ City Engineer. In
case an inferior quality of concrete is produced by the use of such conveyors, the Contractor
shall cease the use of that conveyor until such corrections in procedure are made to insure work
of the quality specified.
Open troughs and chutes shall be of metal or metal lined. Where steep slopes are required, the
chutes shall be equipped with baffles or be in short lengths that reverse the direction of
movement. Aluminum chutes, troughs, and pipes shall not be used for depositing concrete.
Chutes, troughs, and pipes shall be kept clean and free from coatings of hardened concrete by
thoroughly flushing with water after each run. Water used for flushing shall be discharged clear
of the structure.
When placing operations involve dropping the concrete more than 5’, it shall be deposited
through approved pipes. Walls of 10” thickness or less may be placed without the use of pipes,
provided the concrete can be placed without segregation.
c) Placing. Concrete shall be placed in horizontal layers not more than 18” thick except as
hereinafter provided. When less than a complete layer is placed, it shall be terminated in a
vertical bulkhead. Each layer shall be placed and consolidated before the preceding batch has
taken initial set to prevent injury to the green concrete and avoid surfaces of separation between
the batches. Each layer shall be consolidated so as to avoid the formation of a construction joint
with a preceding layer that has not taken initial set.
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Concrete in footings shall be placed in the dry unless natural conditions prohibit. In that case,
concrete shall be placed in accordance with Subsection 601.10. In order to separate water from
the concrete, it will be permissible to utilize polyethylene sheeting or tarpaulins to maintain a
physical barrier between the water and the concrete.
When the placing of concrete is temporarily discontinued, the concrete, after becoming firm
enough to retain its form, shall be cleaned of laitance and other objectionable material to a
sufficient depth to expose sound concrete. To avoid visible joints as far as possible upon exposed
faces, the top surface of the concrete adjacent to the forms shall be smoothed with a trowel.
Where a “ feather edge” might be produced at a construction joint, an inset form shall be used to
produce an edge thickness of not less than 6 inches.
Immediately following the discontinuance of placing concrete, accumulations of mortar splashed
upon the reinforcing steel and the surfaces of forms should be removed. Dried mortar chips and
dust shall not be puddled into the concrete. If the accumulations are not removed prior to the
concrete becoming set, care shall be exercised not to damage or break the concrete-steel bond at
or near the surface of the concrete while cleaning reinforcing steel.
After initial set of the concrete, the forms shall not be jarred and no strain shall be placed on the
ends of projecting reinforcing bars.
Concrete in walls and top slabs of box culverts shall not be placed less than 24 hours after the
concrete in previous placements has set. Provision shall be made for bonding the walls to the
bottom slab or footing and the top slab to the walls by means of roughened longitudinal keys.
Before concrete is placed in the walls or top slabs, the bottom slab, footing, or walls shall be
thoroughly cleaned of extraneous material. No horizontal construction joints will be allowed in
any wall of a box culvert unless provided on the plans or approved by the Engineer/City
Engineer.
d) Consolidating. All concrete, during and immediately after depositing, shall be thoroughly
consolidated. This shall be accomplished by mechanical vibration subject to the following
provisions:
1) The vibration shall be internal unless special authorization of other methods is given by
the Engineer/City Engineer.
2) Vibrators shall be of a type and design approved by the Engineer/ City Engineer. They
shall be capable of transmitting vibration to the concrete at rated frequencies of not less
than 4500 impulses per minute.
3) The intensity of vibration shall be such as to visibly affect a mass of concrete over a
radius of at least 18 inches.
4) The Contractor shall provide a sufficient number of vibrators to properly compact each
batch immediately after it is placed in the forms and shall have in reserve at all times
sufficient vibratory equipment to guard against shut down of the work because of the
failure of the equipment in operation.
5) Vibrators shall be manipulated to thoroughly work the concrete around the reinforcement
and embedded fixtures and into the corners and angles of the forms.
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6) Vibration shall be applied at the point of deposit and in the area of freshly deposited
concrete. The vibrators shall be inserted and withdrawn out of the concrete slowly. The
vibration shall be of sufficient duration and intensity to thoroughly consolidate the
concrete, but shall not be continued so as to cause segregation. Vibration shall not be
continued at any one point to the extent that localized areas of grout are formed.
Application of vibrators shall be at points uniformly spaced and not farther apart than
twice the radius over which the vibration is visibly effective.
7) Vibration shall not be applied directly or through the reinforcement to sections or layers
of concrete that have hardened to the degree that the concrete ceases to be plastic under
vibration. It shall not be used to make concrete flow in the forms over distances so great
as to cause segregation, and vibrators shall not be used to transport concrete in the forms.
8) Vibration shall be supplemented by such spading as is necessary to ensure smooth
surfaces and dense concrete along form surfaces and in corners and locations impossible
to reach with the vibrators.
These provisions shall apply to precast products except that, if approved by the Engineer/City
Engineer, the manufacturer’ s methods of vibration may be used.
601.09 Pumping. Concrete may be placed by pumping. The equipment for pumping shall be
arranged and operated so that no vibrations result that might damage freshly placed concrete.
The Contractor will be permitted to furnish coarse aggregate for concrete that is to be pumped in
a size smaller than that specified provided that a suitable mix can be produced that will conform
to the requirements for the class specified.
Where concrete is conveyed and placed by mechanically applied pressure, the equipment shall be
adequate in capacity for the work. The operation of the pump shall be such that a continuous
stream of concrete without air pockets is produced. When pumping is completed, the concrete
remaining in the pipe, if it is to be used, shall be ejected in such a manner that there will be no
contamination of the concrete or separation of the ingredients.
Concrete for slump and air content requirements shall be obtained at the discharge end of the
pipe.
The use of aluminum pipe as a conveyance for the concrete will not be permitted.
601.10 Depositing Concrete Under Water. Concrete shall not be deposited in water except
when shown on the plans or with the approval of the Engineer/ City Engineer. No concrete shall
be placed underwater without an approved mix design which meets the ARDOT requirements
for Seal Concrete.
The supply of concrete shall be maintained at the rate necessary to raise the elevation over the
entire seal by a minimum of 1’ per hour or an approved retarder shall be used as necessary for
lesser placement rates.
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For parts of structures under water, seal concrete shall be placed continuously from start to
finish. The surface of the concrete shall be kept as nearly horizontal as practicable. The
Contractor shall provide equipment and personnel to sound the top of the seal in the presence of
the Inspector in order to verify the location of the seal at all times. Previously placed seal
concrete shall not have taken its initial set prior to the placement of adjacent concrete.
Concrete shall be carefully placed by means of a tremie or other approved method. Still water
shall be maintained at the point of deposit. Concrete shall be deposited in such a manner that the
planned horizontal concrete flow shall be no more than 15 feet.
A tremie shall consist of a tube having a diameter of not less than 10”, constructed in sections
having flanged couplings fitted with gaskets and an approved foot valve. The tremie shall be
supported so as to permit rapid lowering when necessary to retard or stop the flow of concrete.
The discharge end shall be closed at the start of the work so as to prevent water from entering the
tube and shall be entirely sealed. The tremie tube shall be kept sufficiently full to prevent the loss
of the concrete seal. When a batch is dumped into the tube, the flow of concrete shall be induced
by slightly raising the discharged end, always keeping it in the deposited concrete. If at any time
the seal is lost, the tremie shall be raised, the discharge end closed for a new start, and then
lowered into position with the discharge end in the previously deposited concrete. Aluminum
tremies will not be permitted.
Dewatering may proceed when the seal concrete has been allowed to cure for a minimum of 72
hours at a water temperature above 45° F. All laitance or other unsatisfactory materials shall be
removed from the exposed surfaces that are to support other structural loads.
601.11 Joints.
a) Construction joints. Construction joints shall be made only where located on plans or shown
in the placement schedule, unless otherwise approved by the Engineer/City Engineer.
The placing of concrete shall be carried continuously from joint to joint. The face edges of all
joints that are exposed to view shall be carefully finished true to line and elevation.
The surface of the hardened concrete shall be roughened in a manner that will not leave loosened
particles of aggregates or damaged concrete at the surface. It shall be thoroughly cleaned of
foreign matter and laitance and saturated with water.
If not detailed on the plans, or in the case of emergency, construction joints shall be placed as
directed by the Engineer/City Engineer. Shear keys or inclined reinforcement shall be used
where necessary to transmit shear or bond the two sections together. When shear keys or inclined
reinforcement is not provided, the concrete shall be roughened as directed.
b) Expansion and Fixed Joints. Joints shall be constructed according to the details shown on
the plans.
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1) Open Joints. Open joints shall be placed in the locations shown on the plans and shall be
constructed by the insertion and subsequent removal of a wood strip, metal plate, or other
approved material. The insertion and removal of the template shall be accomplished
without chipping or breaking the corners of the concrete. Reinforcement shall not extend
across an open joint unless specified on the plans.
2) Filled Joints. Poured expansion joints shall be constructed similar to open joints. When
premolded types are specified, the filler shall be in the correct position when the concrete
on the second side of the joint is placed. An approved joint sealer meeting the
requirements of Subsection 601. 11( d) is required in addition to the joint filler. The cavity
for the sealer shall be formed by the insertion and subsequent removal of a wood strip,
metal plate, or other approved material.
All faces of the joint to be sealed shall be thoroughly cleaned by sand blasting, water blasting, or
other approved methods prior to placing the joint seal material.
Preformed expansion joint filler, non-extruding and resilient types, shall meet the requirements
of AASHTO M 153. Type 2 ( sponge rubber) shall be required to have a minimum expansion of
125% and be within ± 0.1” of the specified plan thickness.
Other types of joint fillers may be allowed if approved by the Engineer/ City Engineer.
c) Contraction Joints. Contraction joints shall be constructed according to the dimensions
specified in the plans and these specifications. The joints shall continue continuously across the
full width of the concrete surface. Contraction joints shall be 1/8” to 3/8” wide and shall extend
to a depth equal to ¼ to 1/3 of the thickness of the concrete being placed. All contraction joints
shall be sealed with an approved sealant meeting the requirements of Subsection 601. 11( d) for
types 3, 4 or 5.
d) Joint Materials. Materials for filling and sealing joints shall be as shown on the plans and
shall comply with the following requirements, as applicable:
Type 1. A joint filler that is a uniform mixture of sawdust and asphalt material in the proportion
of one part asphalt to four parts sawdust, by volume. Asphalt material used shall be either MC-
250 or SS-1. When this material is specified, the joint shall be filled to within 25 mm ( 1”) of the
pavement surface. The top 1” shall be sealed with a material complying with the requirements of
AASHTO M 173.
Type 2. A joint filler that is preformed, non-extruding, and resilient type, complying with
AASHTO M 153 Type I (sponge rubber).
The material for filling and sealing longitudinal, warping, contraction, and other specified joints
shall be as shown on the plans and shall comply with the following requirements:
1) Backer rod filler for Types 3, 4, and 5 joint shall be of resilient material approximately 3
mm (1/8”) larger in diameter than the width of the joint to be sealed. All components of
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the joint sealant system, including the backer rod, shall be compatible. No bond shall
occur between the backup material and the sealant system for types 3 and 4 joint sealer.
Type 3. A joint sealer that is a one part silicone formulation that does not require a primer for
bond to concrete. The compound shall be compatible with concrete. Acetic acid cure sealants are
not acceptable. The material shall be one that has been approved by the Engineer.
Type 4. A joint sealer that is a one part silicone formulation that does require a primer for bond
to concrete. The compound shall be compatible with concrete. Acetic acid cure sealants are not
acceptable. The material shall be one that has been approved by the Engineer.
Type 5. A joint sealer that is a hot poured elastomeric joint sealant. The material shall comply
with AASHTO M 282. The appendix of that specification shall be considered a part of this
specification.
Type 6. A joint sealer that is a 2 component, cold poured, synthetic polymer, complying with
ASTM D 1850 with the exception of penetration, which shall not exceed 100, and resilience,
both original cured sample and oven aged, which shall be a minimum of 70%.
Type 7. A joint sealer that is a hot poured elastic type complying with AASHTO M 173.
601.12 Forms. Forms shall be mortar-tight and of sufficient rigidity to prevent distortion due to
the pressure of the concrete and other loads incident to the construction operations. Forms shall
be constructed and maintained so as to prevent warping and the opening of joints due to
shrinkage of the lumber.
The forms shall be substantial and unyielding and shall be so designed that the finished concrete
will conform to the proper dimensions and contours. The design of the forms shall take into
account the effect of vibration of concrete as it is placed.
Forms for exposed surfaces shall be made of dressed lumber or plywood of uniform thickness,
steel, or other approved materials that will provide a smooth surface, and shall be mortar-tight.
Forms shall have a ¾” chamfer at all sharp corners unless otherwise directed. In the case of
projections, such as girders and copings, forms shall be given a bevel or draft to insure easy
removal.
Metal snap-ties within the forms shall be so constructed as to permit their removal to a depth of
at least 1” from the face of the concrete. Metal inserts or anchorages within the forms shall be so
constructed as to permit their removal to a depth of at least 1” from the face of the concrete or be
covered by being embedded a minimum of 1” in the concrete. In case ordinary wire ties are
permitted, all wires, upon removal of the forms, shall be cut back at least ¼” from the face of the
concrete. All cavities shall be filled with cement mortar and the surface left sound, smooth, even,
and uniform in color.
Forms shall be set and maintained true to the line designated until the concrete is sufficiently
hardened. Before depositing new concrete on or against concrete that has hardened, the forms
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shall be re-tightened. Forms shall remain in place for the periods specified in Subsection 601.13.
When forms appear to be unsatisfactory in any way, either before or during the placing of
concrete, the Engineer/ City Engineer shall order the work stopped until the defects have been
corrected.
The shape, strength, rigidity, watertightness, and surface smoothness of re-used forms shall be
maintained at all times. Any warped or bulged lumber must be re-sized before being re-used.
Forms shall be cleaned before being set to line and grade and shall be oiled prior to placing
reinforcing steel in the vicinity of the forms. Materials or methods used in oiling the forms shall
not result in the discoloration of the concrete.
601.13 Removal of Forms. In the determination of the time for the removal of forms and the
discontinuance of heating, consideration shall be given to the location and character of the
structure, the weather and other conditions influencing the setting of the concrete, and the
materials used in the mix.
Removal of forms shall be in accordance with the following schedule:
Item Minimum Time Strength Requirement
Top Slabs of RC Box Culverts 7 days 80% Specified
Forms for Columns and 24 hours N /A
Vertical Walls
Side Forms for Parapets, Median 6 hours N/A
Barriers, and Curb Faces
Forms on surfaces that will require a Class 2 finish in accordance with Subsection 601.16 shall
be removed at the earliest time permitted under these Specifications in order to begin finishing
operations.
Forms and their supports shall not be removed without the approval of the Engineer/City
Engineer. Supports shall be removed in such a manner as to permit the concrete to uniformly and
gradually take the stresses due to its own weight. Methods of form removal likely to cause
overstressing of or damage to the concrete shall not be used.
601.14 Weather and Temperature Limitations.
a) Hot Weather. When the internal temperature of the plastic concrete reaches 85° F, the
Contractor shall take the necessary precautions to ensure that the temperature of succeeding
batches does not exceed 90° F. Concrete batches with temperatures in excess of 90° F will be
rejected. The method used to control the concrete temperature shall be approved in writing by the
Engineer. The temperature of the plastic concrete shall be determined immediately prior to its
being deposited in the forms by inserting a thermometer to a depth consistent with the
capabilities of the thermometer being used to obtain a true reading. Prior to beginning placement,
the Contractor shall insure that sufficient materials, labor, and equipment are available during
placement to implement the previously approved cooling process.
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b) Cold Weather. Concreting operations will not be permitted when a descending air
temperature falls below 40° F nor resumed until an ascending air temperature reaches 35° F
without specific authority from the Engineer/ City Engineer. Under no circumstances will the
placing of concrete on a frozen subgrade be permitted. No concrete shall be placed unless the
temperature of the concrete is more than 50° F when placed. If heating of the ingredients is
necessary to meet this criterion, it shall be accomplished by a method such as dry heat or steam
and not by direct flame. Water shall not be heated to more than 180° F, and shall be combined
with the aggregate before the addition of cement. Frozen aggregates may not be used.
After concrete is placed, it shall be protected by insulated forms, blankets, enclosing and heating,
and/or any other method approved by the Engineer/City Engineer that will maintain the
temperature adjacent to the concrete at a minimum of 50° F for at least 5 days. Concrete that has
been frozen or damaged due to weather conditions shall be removed and replaced by the
Contractor at no cost to the City.
c) Protection Against Rain. In order that concrete may be properly protected against the effects
of rain before the concrete is sufficiently hardened, the Contractor shall have available at all
times materials for the protection of the edges and surface of the unhardened concrete. Such
protective materials shall consist of standard metal forms or wood planks having a nominal
thickness of not less than 2” and a nominal width of not less than the thickness of the pavement
at its edge for the protection of the pavement edges, and covering material such as burlap or
cotton mats, or plastic sheeting material for the protection of the surface of the pavement. When
rain appears imminent, all paving operations shall stop and all available personnel shall begin
protection of the sides of the pavement and covering the surface of the unhardened concrete with
the protective covering. Any surface finish damaged by rain shall be repaired or replaced to the
satisfaction of the City at no cost to the City.
601.15 Curing Concrete.
a) Materials. Materials used in curing concrete shall conform to one of the following types:
Burlap-polyethylene sheeting shall meet the requirements of AASHTO M 171.
Polyethylene sheeting shall meet the requirements of AASHTO M 171.
Copolymer/synthetic blanket shall meet the requirements of AASHTO M 171.
Copolymer/ synthetic blankets shall be a composite of a copolymer membrane material coated
over a layer of absorbent nonwoven synthetic fabric weighing at least 6 ounces per square yard,
uniform in appearance, and free from visible defects.
Other approved sheeting materials shall meet the requirements of AASHTO M 171.
Membrane curing compound shall meet the requirements of AASHTO M 148, Type 1-D or Type
2.
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City of Fayetteville
b) Application. The exposed concrete, immediately after finishing, shall be covered with one of
the curing materials listed above and shall be kept continuously and thoroughly wet for a period
of not less than 5 days after the concrete is placed. Membrane curing does not require the
application of additional moisture.
Membrane curing compound shall not be used on surfaces requiring a Class 2 finish.
When membrane curing is used, the exposed concrete shall be thoroughly sealed by applying the
membrane curing solution immediately after the free water has left the surface. The concrete
inside the forms shall be sealed immediately after the forms are removed and necessary finishing
has been done. For uniform application in the field on vertical concrete surfaces, the specified
rate of application may be achieved by two coats applied at an interval of approximately 1 hour.
The Contractor shall provide satisfactory equipment and means to properly control and assure
the direct application of the curing solution on the concrete surface so as to result in a uniform
coverage at the rate of 1 gallon for each 125 square feet of area.
If rain falls on the newly coated concrete before the film has dried sufficiently to resist damage,
or if the film is damaged in any other manner, a new coat of the solution shall be applied to the
affected portions equal in curing value to that specified above.
601.16 Finishing Concrete Surfaces. Surface finishes shall be classified as follows:
Class 1. Ordinary Surface finish.
Class 2. Rubbed finish.
Class 3. Sprayed finish.
Class 4. Exposed Aggregate finish.
Class 5. Tined Surface finish.
Class 6. Broomed finish.
Class 7. Grooved finish.
All concrete shall be given a Class 1, Ordinary Surface Finish. In addition, if further finishing is
required, such other types of finish will be as specified herein.
Payment for finishes will be considered a part of the applicable item of concrete used.
The following surfaces shall be given a Class 2 finish except when a Class 3 finish is specified in
the plans:
1) Exposed surfaces of retaining walls and box culvert wingwalls, surfaces of concrete rails,
rail posts, rail end posts, rail bases, and parapets, including the outside face.
2) At the option of the Contractor, a Class 3 finish may be used on all surfaces requiring a
Class 2 finish provided the same class of finish is used on the entire job.
3) Sidewalks, curbs, exposed horizontal surfaces of inlets and junction boxes, and exposed
horizontal faces of miscellaneous concrete items shall be given a Class 6 finish.
4) Concrete pavement surfaces shall be given a Class 5 finish.
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The various classes of surface finish are defined as follows:
1) Class 1, Ordinary Surface Finish. Immediately following the removal of forms, fins and
irregular projections shall be removed from all surfaces except from those that are not to be
exposed or are not to be waterproofed. On all surfaces, the cavities produced by form ties and all
other holes, broken corners or edges, and other defects shall be thoroughly cleaned, and after
having been thoroughly saturated with water, shall be carefully pointed and trued with a mortar
of cement and fine aggregate mixed in the proportion of 1:2. Mortar used in pointing shall be not
more than 1 hour old. The concrete shall then be rubbed or sprayed, if required, and cured as
specified under Subsection 601. 15. Construction and expansion joints in the completed work
shall be left carefully tooled and free of mortar and concrete. The joint filler shall be left exposed
for its full length with clean and true edges.
The resulting surfaces shall be true and uniform. Repaired surfaces, the appearance of which is
not satisfactory to the City, shall be rubbed as specified under Class 2 finish.
Exposed surfaces not protected by forms shall be struck off with a straightedge and finished with
a wood float to a true and even surface. The use of additional mortar to provide a plastered or
grout finish will not be permitted.
The tops of caps in the area of the bridge seat shall be finished with a steel trowel or by grinding
to a smooth finish and true slope at the proper elevation.
2) Class 2, Rubbed Finish. After removal of forms, the rubbing of concrete shall be started as
soon as its condition will permit. Immediately before starting this work the concrete shall be
thoroughly saturated with water. Sufficient time shall have elapsed before the wetting down to
allow the mortar used in the pointing of rod holes and defects to thoroughly set. Surfaces to be
finished shall be rubbed with a medium coarse carborundum stone, using a small amount of
mortar on its face. The mortar shall be composed of cement and fine sand mixed in proportions
used in the concrete being finished. Rubbing shall be continued until form marks, projections,
and irregularities have been removed, voids filled, and a uniform surface has been obtained. The
paste produced by this rubbing shall be left in place at this time.
After concrete above the surface being treated has been cast, the final finish shall be obtained by
rubbing with a fine carborundum stone and water. This rubbing shall be continued until the entire
surface is of a smooth texture and uniform color.
After the final rubbing is complete and the surface has dried, it shall be rubbed with burlap to
remove loose powder and shall be left free from all unsound patches, paste, powder, and
objectionable marks.
3) Class 3, Sprayed Finish. The material furnished for sprayed finish shall be a commercial
paint type texturing product produced specifically for this purpose, and shall consist of a
synthetic non-alkyd resin containing mica, perlite, non-biodegradable fibers, and durable tinting
pigments. The material shall be approved by the City. Unless otherwise specified in the Contract,
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City of Fayetteville
the color of the sprayed finish shall be concrete gray, equal or close to Shade 36622 of the
Federal Color Standard 595 A.
Surfaces to be coated shall be free from efflorescence, flaking, coatings, dirt, oil, and other
foreign substances. The sprayed finish shall not be applied over surfaces cured with membrane
curing compound until 30 days has elapsed from application of the membrane. Prior to
application of spray finish, the surfaces shall be free of moisture, as determined by sight and
touch, and in a condition consistent with the manufacturer’ s published recommendations.
The spray finish shall be applied at a rate as recommended by the manufacturer and as approved
by the Engineer/ City Engineer. The spray finish shall be applied with heavy duty spray
equipment capable of maintaining a constant pressure as necessary for proper application.
The completed finish shall be tightly bonded to the structure and shall present a uniform
appearance and texture equal to or better than that required for rubbed finish. If necessary, an
additional coat or coats shall be applied to produce the desired surface texture and uniformity.
Upon failure to adhere positively to the structure without chipping or cracking, or to attain the
desired surface appearance, the coating shall be removed from the structure and the surface given
a rubbed finish, or another approved finish satisfactory to the City.
4) Class 4, Exposed Aggregate Finish. This type of finish shall be produced by scrubbing the
surface of green concrete with stiff wire or fiber brushes, using a solution of muriatic acid in the
proportion of 1 part acid to 4 parts water, or by sand blasting, until the cement film or surface is
completely removed and the aggregate particles are exposed. The amount of aggregate exposure
will be specified on the plans or designated by the Engineer/ City Engineer. Any surface treated
with muriatic acid shall be thoroughly washed with water to which a small amount of ammonia
has been added to remove all traces of the acid. The resulting surface shall be an even pebbled
texture.
5) Class 5, Tined Roadway Surface Finish. The concrete roadway surface shall be given a
finish with a burlap drag, followed by tining.
The surface shall be finished by dragging a seamless strip of damp burlap over the full width of
the roadway surface. The burlap drag shall consist of sufficient layers of burlap and have
sufficient length in contact with the concrete to slightly groove the surface, and shall be moved
forward with a minimum bow of the lead edge. The drag shall be kept damp, clean, and free of
particles of hardened concrete.
The final finish shall be accomplished by using the drag finish as described above with the
further application of a metal tine finishing device. The tine shall be approximately 0.032” by
0.125” of steel flat wire, 2” to 5” in length, and spaced on ½” to ¾” centers. The grooves
produced in the concrete shall be substantially from 1/8” to 3/16” in depth. The grooves shall be
transverse to the centerline of the surface. The metal tine device shall be operated by approved
mechanical or manual means. Other texturing equipment may be approved by the Engineer/City
Engineer provided it produces a texture equivalent to that produced by the metal tine.
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The tining shall be terminated with a transition in depth 18” from the gutter line. The outer 18”
of the tined surface shall receive a Class 6, broomed finish.
6) Class 6, Broomed Finish. After the concrete has been deposited in place, it shall be
consolidated and the surface shall be struck off by means of a strike board, floated, and broomed.
An edging tool shall be used on edges and expansion joints. The surface shall not vary more than
under a 10’ straightedge. The surface shall have a granular or matte texture.
7) Class 7, Grooved Finish. The roadway surface shall be grooved perpendicular to the
centerline with grooves extending across the slab to within 18” of the gutter line. The grooves
shall be cut using a mechanical sawing device that will leave grooves 1/8” to 3/16” in depth and
spaced on ½” to ¾” centers.
Section 602. Reinforcing Steel
602.01 Description. This item shall consist of reinforcing steel and miscellaneous accessories
of the quality, type, size, and quantity designated, which shall be furnished and placed in
concrete according to these specifications and in conformity with the details shown on the plans,
or as directed.
602.02 Materials.
a) Bar Reinforcement. Bar reinforcement for concrete in sizes up to and including # 18 shall
conform to the requirements of AASHTO M 31 or M 53.
b) Wire and Wire Fabric. Wire, when used as reinforcement in concrete, shall conform to the
requirements of AASHTO M 32 or M 225.
c) Bar Mat Reinforcement. Bar mat reinforcement for concrete shall conform to the
requirements of AASHTO M 54.
d) Epoxy Coating. When specified, reinforcing steel bars shall be coated according to
AASHTO M 284 using a coating material that meets the requirements of Annex A1 of AASHTO
M 284.
The Contractor shall supply to the Engineer a written certification that properly identifies the
number of each batch of coating material used in the order; the material, quantity represented,
date of manufacture, and name and address of the manufacturer; and a statement that the
supplied coating material meets the requirements of Annex A1 of AASHTO M 284.
Patching material, compatible with coating material, inert in concrete, and meeting the
requirements of Annex A1 of AASHTO M 284, shall be provided by the epoxy coating
manufacturer.
602.03 Bar Lists and Bending Diagrams. All reinforcing steel shall be fabricated to
conform to the details shown on the plans. Pins used for bending reinforcing steel shall be equal
to or larger than that shown on the plans. Bar lists and bending diagrams for reinforcing steel and
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City of Fayetteville
bar supports will not be reviewed or approved by the Engineer. The Contractor shall be
responsible for the accuracy of the fabricated reinforcing steel.
602.04 Fabrication. Bar reinforcement shall be bent to the shapes shown on the plans.
Bars shall be bent cold, unless otherwise permitted by the Engineer. No bars partially embedded
in concrete shall be field bent, except as shown on the plans or specifically permitted by the
Engineer.
Radii for bends shall be as shown on the plans. When not shown on the plans, radii bends on the
inside of bars shall be as specified below:
Bar Number Minimum Radii
Stirrups and Ties 4 bar diameters
3,4,5,6,7, or 8 6 bar diameters
9,10, or 11 8 bar diameters
14 or 18 10 bar diameters
The Engineer/City Engineer or his representative shall have free access to the shop for
inspection, and every facility shall be extended to him for this purpose. On a random basis,
samples of bars, other than the additional test bars, may be taken by the Engineer.
Epoxy coating applicators shall be CRSI certified. The Contractor shall inform the Engineer, in
writing, at least 10 days prior to performing any of the cleaning or coating operations. The
Contractor shall furnish to the Engineer the coating applicator’ s certification certifying that all
materials used, the preparation of the bars, coating, and curing were done according to these
specifications and that no bars contain more than six holidays per yard. The certification shall
include or have attached specific results of tests of coating thickness and flexibility of coating.
602.05 Shipping, Handling, and Protection of Material. Bar reinforcement shall be
shipped in standard bundles, tagged and marked according to the Code of Standard Practice of
the Concrete Reinforcement Steel Institute.
Steel reinforcement shall be protected from damage. When placed in the work, it shall be free
from dirt, detrimental rust or scale, paint, oil, or other foreign substance. Steel reinforcement
shall be stored above the ground on skids, platforms, or other supports. Epoxy coated reinforcing
steel that is not incorporated into the work within 90 calendar days after delivery to the project
shall be protected from exposure to the sun.
Epoxy coating damaged during fabrication, shipping, or installation shall be repaired according
to AASHTO M 284. Damaged areas less than 0.10 square inch need not be repaired but all areas
larger than 0.10 square inch shall be repaired. The maximum amount of damage shall not exceed
2% of the surface area of each bar. All damaged areas shall be repaired according to the
manufacturer’ s instructions. Repairs will be required on all sheared or cut ends of bars, end areas
left bare during the coating process, and any areas where the entire coating is removed. All
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repairs shall be completed as soon as practicable and, in the case of bare end areas and sheared
ends, before visible oxidation of the surface occurs. Epoxy coated bars shall not be flame cut.
The Contractor shall exercise caution when placing and vibrating concrete to prevent any
damage to epoxy coated bars. In order to prevent the vibrator from damaging the coated bars, the
head shall be covered with a sheet of rubber or a similar material as approved by the
Engineer/ City Engineer.
602.06 Placing and Fastening. Steel reinforcement shall be accurately placed in the
positions shown on the plans and firmly held during the placing and setting of concrete. Bars
shall be tied at all intersections except where spacing is less than 12” in each direction, in which
case alternate intersections shall be tied. Bundled bars shall be tied together at not more than 6’
centers.
Bar positions or clearances from the forms shall be maintained by means of stays, ties, hangers,
or other approved devices. Reinforcing steel shall not be welded unless detailed on the plans or
authorized in writing by the Engineer. Metal bar supports that are in contact with the exterior
surface of the concrete shall have protection conforming with the CRSI Specifications, Class 1
for Plastic Protected Bar Supports or Class 2 for Stainless Steel Bar Supports, with the further
provision that the plastic protection may be applied either by a dipping operation or by the
addition of premolded plastic tips to the legs of the supports. Epoxy Coated Bar Supports that are
coated according to the provisions of AASHTO M 284 using a coating material meeting the
requirements of Annex A1 of AASHTO M 284 may be substituted for Plastic Protected Bar
Supports or Stainless Steel Bar Supports. All high chairs and bar bolsters shall be metal. Any bar
supports that deform under foot traffic or other construction activities shall not be used.
When concrete is to rest on an excavated surface, layers of bars shall be supported above the
surface by metal chairs or by precast mortar or concrete blocks. The use of rocks, pieces of stone
or brick, pipe, wooden blocks, or chunks of concrete will not be permitted as bar supports or
spacers.
Reinforcement shall be placed by the Contractor and inspected and approved by the
Engineer/ City Engineer before the placing of concrete begins. Concrete placed in violation of
this provision may be rejected and removal required. Unless otherwise shown on the plans, the
spacing of supports shall conform to the recommendations of CRSI.
Epoxy coated bars shall be placed on plastic coated or epoxy coated metal supports and shall be
held in place by use of plastic coated tie wires or molded plastic clips especially fabricated for
this purpose. Bar supports for epoxy coated bars shall be fully coated metal supports. Epoxy
coated bar supports shall be coated according to the provisions of AASHTO M 284 using a
coating material meeting the requirements of Annex A1. In placing epoxy coated bars, care shall
be maintained to prevent coated bars from being damaged.
After the coated bars are secured to bar supports, a final visual inspection shall be made and all
uncoated or damaged areas coated or repaired as required by the Engineer/ City Engineer.
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City of Fayetteville
602.07 Splicing. Reinforcing steel shall be furnished in the full lengths specified on the plans.
Bars spliced as a result of unforeseen construction conditions or sequences will require the
written approval of the Engineer. Splices shall meet the requirements of the current edition of the
AASHTO Standard Specifications for Highway Bridges.
Secondary reinforcing used for distribution of loads, such as longitudinal bars in box culverts
and retaining walls may be lapped 32 bar diameters minimum if bars are # 6 or smaller. Primary
reinforcing for columns and retaining walls which require splicing as a result of the lowering of
footings shall be spliced at the upper end of the original bars. Required lengths of splices for
primary reinforcing will be determined by the Engineer.
In lapped splices, the bars shall be placed in contact and fastened together in such a manner as to
maintain the minimum distance to the surface of the concrete as shown on the plans.
Sheets of wire fabric or bar mat reinforcement shall overlap each other sufficiently to maintain a
uniform strength and shall be securely fastened at the ends and edges. The lap shall be not less
than one space of wire fabric or bar.
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DIVISION 700. SPECIAL PROVISIONS
Special Provision 701. AHTD Standard Specifications by Reference
701.01. The standard specifications of the Arkansas Department of Transportation ( ARDOT)
are bound in a book titled Standard Specifications for Highway Construction. These
specifications are referred to herein as “ Standard Specifications” or “ ARDOT Specifications.”
The latest edition shall apply. A copy of these “ Standard Specifications” may be obtained from
the Arkansas State Highway and Transportation Department, Little Rock, Arkansas, at their
customary charge.
701.02. The Standard Specifications shall be used for description, quality control and
acceptance testing, material specifications, construction methods, method of measurement, and
basis of payment unless otherwise specified in the City of Fayetteville Standard Specifications
for Street and Drainage Construction.
701.03. The Special Provisions of these Specifications shall be used for the items of work
referenced by the Special Provisions.
701.04. Reference in the AHTD Specifications to the “ Department” are herein changed to the
Owner”.
Special Provision 702. Overcut Pavement Restoration
ABC Class 7 & Colored Concrete)
702.01 Description. This item shall consist of all materials and labor necessary to restore the
area of pavement removed during the construction of the curb and gutter.
702.02 Construction. Class 7 base shall be installed and compacted prior to installing the
new curb and gutter. After installation of the curb and gutter, colored concrete shall be
placed between the new gutter and the existing pavement to the depth specified on the plans.
702.03 Materials. ABC Class 7 shall be the requirements of Section 401. Concrete shall
meet the requirements of Section 601.
702.04 Method of Measurement. Overcut Pavement Restoration ( ABC Class 7 & Colored
Concrete) will be measured by the linear foot ( LF).
702.05 Basis of Payment. The work required by this item will be paid for at the unit price
per linear foot ( LF). Price shall be full compensation for materials ( ABC Class 7 & Colored
Concrete) placing and compacting of all materials in accordance with the plans and
specifications or as directed by the Engineer, and all other materials, equipment, tools, labor, and
incidentals necessary to complete the overcut pavement restoration.
Payment will be made under:
Pay Item Pay Unit
Overcut Pavement Restoration ( ABC Class 7 & Colored Concrete) LF
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City of Fayetteville
Special Provision 703 Remove and Reinstall Apartment Sign
Sugartree Apartment & Townhomes)
703.01 Description. This item shall consist of all materials and labor necessary for the
relocation of Sugartree Apartments & Townhomes’ sign. The sign may need to be relocated on a
temporary basis and then permanently installed in a location on the property as directed by the
City and the sign owner. The existing materials should be protected and reused if possible. In
the event that the materials are damaged, then like materials or better should be used to
reconstruct or repair the sign.
703.02 Method of Measurement. This item will be measured as a lump sum (LS) for the
sign relocation.
703.03 Basis of Payment. This item will be paid for as one lump sum. Price shall be full
compensation for materials and work necessary for this installation.
Payment will be made under:
Pay Item Pay Unit
Remove and Reinstall Apartment Sign LS
SugarTree Apartments & Townhomes)
Special Provision 704. RCP Concrete Collar
704.01 Description. This item shall consist of all materials and labor necessary to construct
the RCP Concrete Collar as indicated on the Drawings and/or as directed by the Engineer.
704.02 Construction. Construction shall comply with Section 601 Cast-in-Place Concrete.
Reinforcing Steel shall comply with Section 602.
704.03 Method of Measurement. RCP Concrete Collar will be measured by each (EA) RCP
Concrete Collar constructed to the requirements specified on the plans, or as directed by the
Owner or Engineer, installed and accepted by the City.
704.04 Basis of Payment. The work required by this item will be paid for at the unit price
each ( EA). Price shall be full compensation for forming, placing steel, handling and placing
concrete, consolidating, removing forms and all other materials, equipment, tools, labor, and
incidentals necessary to complete the RCP Concrete Collar Installation.
Payment will be made under:
Pay Item Pay Unit
RCP Concrete Collar EA
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Special Provision 705. Colored Concrete T-Patch
705.01 Description. This item shall consist of all materials and labor necessary repair the
existing asphalt street with a T-Patch as shown in the project details.
705.02 Construction. A minimum of 9 in. of colored concrete shall be placed in the excavated
area and let cure for a minimum of 7 days for Class 1 concrete or 24 hrs. for High Early Strength
Concrete. While the concrete cures, steel traffic plates shall be installed in accordance with the
City of Fayetteville's standard details.
705.03 Method of Measurement. This item will be measured by the square yard ( SY) of
9" thick concrete placed. The contractor shall take great care to minimize the amount of T-patch
necessary. If the Engineer determines that the excavation and necessary repair is much greater
than required for the installation, then payment will only be made for the amount necessary for
the trench plus the T-patch.
705.04 Basis of Payment. This item will be paid for by the unit price of square yard ( SY) of
T-Patch installed. Price shall be full compensation for all excavating, compacting of native
material, colored concrete and all other materials and work necessary for this installation.
Payment will be made under:
Pay Item Pay Unit
Colored Concrete T-Patch SY
Special Provision 706. 6” to 4” Roof Drain Extension through Curb
706.01 Description. This item shall consist of all materials and labor necessary to reduce a 6”
PVC roof drain to a 4” PVC roof drain and extend through the curb using a Neenah R-3262.
706.02 Construction. Expose the existing 6” PVC roof drain approximately 5-10 ft. behind
the back of curb. Locate a competent section of the pipe and make a perpendicular cut. Clean the
pipe and primer. Clean, primer and cement a 6” x 4” Sch. 40 PVC reducer and attach it to the
existing 6” PVC pipe. Measure and cut a 4” Sch. 40 PVC pipe to fit between the reducer and the
Neenah R-3262 ( Storm Water Curb Opening) installed in the curb. Clean, primer and cement
the 4” Sch. 40 PVC pipe and attach it to the reducer. Backfill and compact around the installed
roof drain.
706.03 Method of Measurement. This item will be measured by the lump sum (LS).
706.04 Basis of Payment. This item will be paid for by the unit price lump sum (LS). Price
shall be full compensation for all excavating, backfilling, compacting, PVC fittings and pipe,
installation of the Neenah R-3262 and all other materials and work necessary for this installation.
Payment will be made under:
Pay Item Pay Unit
6” to 4” Roof Drain Extension through Curb LS
ST-145
City of Fayetteville, AR
Bid 2 6 -3 6 , Addendum 1
Page 1 | 2
Bid 26-36, Addendum 1
Date: Wednesday, May 13, 2026
To: All Prospective Vendors
From: Kenny Fitch – 479.575.8258 – kfitch@fayetteville-ar.gov
RE: Bid 26-36, Construction – Mission Blvd Sidewalk
This addendum is hereby made a part of the contract documents to the same extent as though it were
originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of
the Bid.
BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
1. CLARIFICATIONS
a. A handful of minor clerical errors were identified that referenced an incorrect bid number or
project name. These errors have been corrected, and an updated project manual has been
reuploaded to the procurement website.
2. QUESTIONS
a. The Bid Form (Section 02) has no field for unit prices or total bid amount, but the Agreement
Article 4.01-4.02) references unit prices computed in the Proposal. Can you confirm whether
bids are entered as a single lump sum on the Bid Form, or whether a separate bid pricing
schedule will be issued by addendum?
All the line items for which pricing shall be submitted are included on the project page of the
City of Fayetteville’s procurement website. If a physical form is desired, one may be
downloaded from the same site. Unit pricing shall be submitted on the available line items
and not as a lump sum. At this time, there are no plans to issue a separate bid schedule for
unit pricing.
b. Is there a Geotech report available?
No, there is no Geotech report available.
c. Does Arkansas Prevailing Wage apply to this project?
No, it does not apply.
d. Since Mission Blvd is Hwy 45, is there a need for the contractor to acquire an ARDOT permit
ROW work permit or an ARDOT approved MOT plan?
The ARDOT permit has been obtained by the City of Fayetteville and added as an attachment
to this addendum. The contractor shall be responsible for traffic control.
e. There are several specifications included in the manual that do not apply to this project. Can
clarification be provided?
The specifications used are general City of Fayetteville specifications for street and drainage
construction. Some of the specifications do not directly apply to this project.
f. Can you confirm the responsibility and payment for compaction, density, and materials testing?
The City will provide testing services.
g. Can you confirm whether striping is limited to the 2’x6’ thermoplastic crosswalk with no stop
bars or edge lines required?
Yes, the thermoplastic is limited to the 2’x6’ crosswalk.
h. Can you confirm the disposal location for the cleared trees and excess excavated material, or is
the contractor responsible for sourcing and pricing the disposal?
The contractor is responsible for sourcing and pricing the disposal. This pricing should be
entered with the line item for “Clearing, Grubbing, & Demolition (Removal of 5 Trees)”.
i. Regarding the 24”select fill under the Redi-Rock walls, can you confirm the material spec and
whether on-site material may qualify?
The select fill is red dirt with a certified proctor. On-site material will not qualify.
j. The plans specify an Ameristar plated black handrail on both walls. There is concern that the
lead time on a specialty handrail would affect the construction schedule. Are other products
meeting the same performance spec acceptable?
The Ameristar fence is not a specialty item and operates as the City’s standard. Alternatives
are not being considered.
k. Can you confirm whether seeding or sodding is required on disturbed areas behind the walls?
Seeding will be used on disturbed areas behind the walls and other locations that are out of
the main public way. Sod will be used between the curb and sidewalk and above the wall and
any erosion prone areas.
l. Is there any need within the scope for rock excavation, undercut and unsuitable soils,
dewatering, standby time for late third party testing arrivals, or any ARDOT permit fees?
No rock excavation is expected. Undercut is included in the line items as “ Unclassified
Excavation” and the quantity may increase during construction if unsuitable soil is
encountered beyond two feet deep. Dewatering is not expected, but would be the
responsibility of the contractor to perform the work, if necessary. There is no pay item for
standby time for late testing. The ARDOT permit is approved, and there will no fees to the
Contractor for the ARDOT permit.
3. ATTACHMENTS
a. Attachment A: ARDOT Permit
City of Fayetteville, AR
Bid 2 6 -3 6 , Addendum 1
Page 2 | 2
Attachment A: ARDOT Permit
March, 18 2026
The Honorable Molly Rawn City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
ATTN: Matt Mihalevich (479)444-3416
RE: Special Permit Number SP-04-2025-0017
Expiration Date: 7/09/2026
Highway 45, Section 5, LM 2.153
Washington County
Extend RC Box, Concrete Walk, Curb and Gutter,
Crosswalk, and associated work.
Mayor Rawn,
The plan submitted for the construction of a new concrete path, extension of the existing 3’ X 3’ RC Box Culvert,
construction of a redi block wall, combination concrete curb and gutter, wheelchair ramps, crosswalk and other
associated work has been reviewed.
The plans are acceptable, and work may be undertaken within Department right of way, subject to the following
conditions:
You shall complete all work within and affecting the right of way, at no cost to the Department and in
accordance with the drawing submitted as noted unless changes are reviewed and accepted by the
Department.
You shall construct the new curb ramps and relocated crosswalk in accordance with the
information submitted unless changes are reviewed and accepted by the Department.
You shall ensure that all work complies with the Americans with Disabilities Act.
You shall ensure that all work and materials used within the highway right of way are in accordance with the
Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction,
most recent edition, and any specifications or design standards supplied by the Department.
You shall not use any part of the highway right of way for storage of materials or equipment.
You shall ensure that all work and materials used within the highway right of way are in accordance with the
Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction,
most recent edition, and any specifications or design standards supplied by the Department.
Special Permit No. SP-04-2026-0017
3/18/2026
Page 2
You shall assume full responsibility for and cost of all temporary or permanent warning and regulatory
signing and temporary or permanent pavement markings made necessary by the permitted work and for the
maintenance of existing and installed signing and pavement markings, for the duration of the permitted
work, in accordance with the Arkansas State Highway and Transportation Department Standard
Specifications for Highway Construction, most recent edition, and the current edition of the Manual on
Uniform Traffic Control Devices.
You shall agree to hold harmless and indemnify the Arkansas State Highway Commission, the Department,
and its duly appointed agents, officers, and employees, from all expenses, claims, liability, or damages of
any kind or nature whatsoever due to the construction, performance, or lack of performance of the work you
undertake within the right of way.
You shall bear full responsibility for observing and complying with all federal, state, and local laws or
ordinances during the execution of this work.
You shall assume full responsibility for safeguarding all utilities in the work area during the time of your
construction. You shall notify Arkansas One-Call, at 1-800- 482-8998, and have utility facilities located prior
to beginning work. Any utility adjustments made necessary by your work shall be in accordance with the
Utility Accommodation Policy of the Arkansas Department of Transportation and under utility permit issued
to the utility owner and separate from this special permit and at no cost to the Department.
You shall protect existing right of way monuments from damage and shall provide for the re-establishment,
by a Registered Professional Land Surveyor, of any markers that are disturbed by your activities.
You shall undertake measures to avoid tracking soil and mud from the work area onto the highway and to
re-vegetate, in accordance with the Standard Specifications for Highway Construction, most recent edition,
all areas of disturbed soil, of any size, on the right of way. Phase II Storm Water Construction Permits are
required on all projects that have a “disturbed soil area” of one acre or more. This may require that you
obtain a Storm Water Construction Permit from the Arkansas Department of Environmental Quality (ADEQ).
You shall assume full responsibility for, and liability for, all future maintenance for items constructed under
this permit and will, if required by the Department, remove the facilities constructed and return the site to the
same condition as before this permit was issued, without cost to the Department.
You shall submit a Lane Closure Request Form to the District 4 Headquarters a minimum of 4 business
days prior to any lane closures. Lane closures will not be permitted between the hours of 6:30 am – 9:00 am
and 3:00 pm – 6:30 pm, Monday – Friday. A Lane Closure Request Form has been attached for your use.
You have submitted a security deposit in the amount of $ 5,000. 00 to the Department to assure completion
of the work in accordance with the plans reviewed and accepted by the Department for work in the right of
way. The deposit will be refunded to you upon your satisfactory completion of all permitted work.
You shall notify this office of your intention to begin work at least three ( 3) working days prior to the
anticipated start date.
Special Permit No. SP-04-2026-0017
3/18/2026
Page 3
This permission may be revoked at any time if the above conditions are not adhered to.
Your beginning of the work constitutes full acceptance by you of all conditions mentioned or referred to herein.
Sincerely,
Jason Hughey
District 4 Engineer
This will acknowledge receipt of deposit in the amount of a $5000.00 Standing Bond to guarantee
compliance with the provisions of all work described in Permit No. SP-04-2026-0017 dated
Wednesday, March 18, 2026.
Sincerely
Jason Hughey
District 4 Engineer
Date: March 18, 2026
Section: 5Route: 45County: WASHINGTONDistrictNo.: 4
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Return this page when the work is complete.
2026CityDate: March 18,of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Upon the completion of the permitted work, sign and return this sheet to our office. If it is found
that you have satisfied all of the conditions of the permit, your deposit, if applicable, will be
returned.
With your cooperation we will be able to release your permit in a timely manner.
Permit Number: SP-04-2026-0017
Date Complete:
Month Day Year
City of Fayetteville
City of Fayetteville, AR
Bid 2 6 -3 6 , Addendum 2
Page 1 | 1
Bid 26-36, Addendum 2
Date: Friday, May 22, 2026
To: All Prospective Vendors
From: Kenny Fitch – 479.575.8258 – kfitch@fayetteville-ar.gov
RE: Bid 26-36, Construction – Mission Blvd Sidewalk
This addendum is hereby made a part of the contract documents to the same extent as though it were
originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of
the Bid.
BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
1. DEADLINE EXTENSION:
a. The deadline for submitting bids has been extended to Thursday, June 4th, at 2:00pm. The bid
opening will take place immediately following the deadline.
2. CLARIFICATIONS:
a. Construction parking, staging, and retaining wall block storage can be on Libby Ln. The property
owners association on Libby Ln is very supportive of the project, and this staging area is within
the public right of way. Traffic control cones and barricades will need to be installed around
staged materials for public safety.
b. No tree protection shall be necessary for this project.
c. There is a gas line running parallel to Mission Blvd that appears to be west of the proposed
retaining wall location. The City of Fayetteville will coordinate with Black Hills and work through
any utility conflicts.
3. LINE ITEM MODIFICATIONS:
a. The following line items have been added:
24) 12”-18” Shot Rock with a quantity and measurement of 8 CY.
25) 6” Water Valve Riser to Finished Grade with a quantity and measurement of 1 EA.
4. ATTACHMENTS:
a. Attachment A: Pre-Bid Meeting Sign-In Sheet
Attachment A: Pre-Bid Meeting Sign-In Sheet
City of Fayetteville, AR
Bid 2 6 -3 6 , Addendum 3
Page 1 | 1
Bid 26-36, Addendum 3
Date: Friday, May 29, 2026
To: All Prospective Vendors
From: Kenny Fitch – 479.575.8258 – kfitch@fayetteville-ar.gov
RE: Bid 26-36, Construction – Mission Blvd Sidewalk
This addendum is hereby made a part of the contract documents to the same extent as though it were
originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of
the Bid.
BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
1. CLARIFICATION:
a. Under the line item for “Clearing, Grubbing, & Demolition (Removal of 5 Trees)”, five larger trees
have been identified for removal. All smaller trees, brush, and bamboo are not included as part
of the five trees. That vegetation is considered incidental and should be included with the pricing
for that line item.
2. QUESTION:
a. After the project has been awarded, will CAD files be available for the contractor’s use?
Yes, the City will provide CAD files to the contract after the project’s award.
CITY COUNCIL MEMO
2026-1984
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Blake Rutherford
FROM: Devin Howland, Director of Economic Development
SUBJECT: First Amendment to Deed of Declaration for City-Owned Parcel 765-14855-001
RECOMMENDATION:
Staff recommends approval of a Resolution authorizing Mayor Rawn to sign the First Amendment to the Deed
of Declaration associated with City-owned Parcel 765-14855-001.
BACKGROUND:
An existing Deed of Declaration applies to approximately 10 different properties located at the southeast
intersection of I-49 and M.L.K. Jr. Blvd. The Deed of Declaration was filed in 1979 and placed development
and use restrictions on the properties. The owners of the properties within the Declaration boundary are
actively working to amend the Declaration.
The proposed amendment would allow the site to be developed beyond the current one-story height restriction
and would make other updates to the existing agreement. To amend the Deed of Declaration, all parties listed
in the agreement must agree to the amendment. Because the City of Fayetteville owns parcel 765-14855-001,
the owners of properties within the Declaration boundary have requested that the City consider signing the
proposed First Amendment to the Deed of Declaration.
Background on the Deed of Declaration
In 1979, a Deed of Declaration was established among a group of private property owners to create a range of
restrictions and shared obligations for the property. These included preserving shared access, prohibiting the
blocking of traffic between parcels, maintaining certain levels of parking, and limiting building height to one
story. The Deed of Declaration appears to have been created in connection with the development of the
shopping center, which was anchored at the time by K-Mart.
The Deed of Declaration is a private agreement between property owners. Its creation did not require a vote of
the City Council. The agreement remains active until approximately 2054 unless all parties to the Deed of
Declaration agree to amend it.
DISCUSSION:
What does the First Amendment to the Deed of Declaration Propose?
The proposed amendment would change several aspects of the original Deed of Declaration. First, it
updates the parking rules. If a property use changes or a parcel is redeveloped, new parking ratios would
apply based on the specific use, including multifamily, retail, restaurant, office, hotel, townhouse,
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
amusement, and medical or dental office uses. Second, the amendment confirms that shared access and
parking rights remain in place across the larger property. It also clarifies the intent of the Declaration as it
relates to how individual owners may modify their own driveways, parking areas, and walkways, so long
as shared access between properties is preserved. Third, the amendment removes the building height
restriction entirely. Fourth, it removes the additional insurance requirement contained in the original Deed
of Declaration. All other provisions of the original Deed of Declaration would remain in effect.
The amendment keeps the shopping-center-style shared access and parking framework in place, while
updating the parking standards, removing private height limits, removing the private insurance
requirement, and clarifying owner’ s rights to redevelop or reconfigure their parcels as long as shared
access is maintained. Given the changes to the surrounding area and community since the original Deed
of Declaration was filed in 1979, this amendment will help ensure the properties subject to the Deed of
Declaration are able to continue to be used in a manner that benefits the owners and the public.
Who are the parties to the agreement that must agree on the amendment?
The parties to the agreement and their respective parcels are listed in the table below:
Party/Owner Parcel Number(s)
Rogers Retail Partners, 765-05363-000
LLC
Countdown, LLC 765-05364-000
WH Capital, LLC 765-05361-000
University of Arkansas 765-14855-000
JM Choi Property, LLC 765-14854-000; 765-
14851-000; 765-05367-
010
Summerfield, LLC 765-05366-000; 765-
05367-000; 765-05368-
000
BCL Group, LLC 765-05369-000
Yang, Goerge, and Lora 765-05365-000
Revocable Trust
City of Fayetteville 765-14855-001
2285 W. Martin Luther 765-05362-000
King Jr. Blvd. Fayetteville,
LLC
Why is the City of Fayetteville party to this agreement?
In 2015, the City acquired this parcel of land from Tyson Foods, the previous owner of the larger parcel
that is now occupied by the University of Arkansas. The City acquired the parcel for the sum of $1. The
parcel was needed for stormwater infrastructure associated with the construction of this section of the
Tsa-La-Gi Trail.
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Site Location Map, 5. Amendment to Deed of Declaration, 6. Deed
of Declaration Book
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-1984
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE DEED OF DECLARATION
ASSOCIATED WITH CITY-OWNED PARCEL 765-14855-001
WHEREAS, an existing Deed of Declaration filed in 1979 places development and use restrictions on
several properties located at the southeast intersection of I-49 and Martin Luther King, Jr. Boulevard,
including a one-story height restriction; and
WHEREAS, in 2015, the City acquired approximately 0.07 acres from Tyson Foods that was needed
for stormwater infrastructure associated with construction of the Tsa-La-Gi Trail and this property is one
of those subject to the Deed of Declaration; and
WHEREAS, Amendment No. 1 would allow the site to be developed beyond the current one-story
height restriction and would make other updates to the existing agreement without impacting the City’ s
use; and
WHEREAS, to amend the Deed of Declaration, all parties with an ownership interest must agree to the
amendment and, because the City owns parcel 765-14855-001, the other owners of properties within the
Declaration boundary have requested that the City sign an Amendment to the Deed of Declaration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to
sign Amendment No. 1 to the Deed of Declaration associated with City-owned Parcel 765-14855-001, a
copy of which is attached to this Resolution.
Page 1
City of Fayetteville Staff Review Form
2026-1984
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Devin Howland 6/ 1/ 2026 ECONOMIC DEVELOPMENT ( 050)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a Resolution authorizing Mayor Rawn to sign the First Amendment to the Deed of
Declaration associated with City-owned Parcel 765-14855-001.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $-
Expenses ( Actual+ Encum)$-
Available Budget $-
Does item have a direct cost? No Item Cost $-
Is a Budget Amendment attached? No Budget Amendment $-
Remaining Budget $-
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Location Map for Parcel 765-14855-001
Prepared by and Return to:
13075 Manchester Road, Suite 200
St. Louis, Missouri 63131
Attention: Joshua Mistler
FIRST AMENDMENT TO DEED OF DECLARATION
This First Amendment to Deed of Declaration ( this “ First Amendment”) is made and
entered into this _____ day of _________________,20____ ( the “ First Amendment Effective
Date”) by and among the parties who have executed this First Amendment as noted below
collectively, the “ Owners” and each an “ Owner”) who are each an owners within the “ Entire
Premises”, as defined by that certain Deed of Declaration dated May 16, 1979 ( as amended, the
Declaration”) and recorded at Book _____ Page _____ of the recorder’ s office of Washington
County, Arkansas.
WITNESSETH:
WHEREAS, the Declaration was originally recorded consisting of three parcels to establish
and create for the benefit of the Entire Premises ( as defined in the Declaration) and the Owners
certain rights of use, ingress, egress and parking in, over and upon the Entire Premises, and
establish and create certain height, use, and other restrictions with respect to improvements to be
erected within the Entire Premises; and
WHEREAS, the Owners, consisting of all the owners of the real property within the Entire
Premises desire to amend the Declarations as further described herein while reaffirming the
reciprocal easements, rights and privileges granted under the terms of the Declaration; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it
is agreed as follows:
1. Parking. Section 1(f) of the Declaration is hereby amended and restated in its
entirety as follows:
f) As of the First Amendment Effective Date, all Owners acknowledge
and agree the current number of parking spaces independently maintained on
1
Exhibit A land, Exhibit B land and Exhibit C land are acceptable.
In the event of a change in use or redevelopment of any Exhibit A land, Exhibit B
land or Exhibit C land, there shall at all times be independently maintained on
Exhibit A land, Exhibit B land and Exhibit C land, not less than the minimum
number of parking spaces specified in the table below:
Minimum Parking Ratios
Use Parking Ratio
Multifamily 0.90 spaces per bedroom
Duplex, Triplex, Quadplex 1.6 spaces per dwelling unit
Retail 2.7 spaces per 1,000sf
Restaurant 3 spaces per 1,000sf
Professional Office 3 spaces per 1,000sf
Hotel 1 space per guest room
Townhouse 1 space per bedroom
Amusement 5 spaces per 1,000sf
Medical/ Dentist Office 4 spaces per 1,000sf
If any taking by condemnation as provided in paragraph 5 of this Agreement shall
occur on any or all tracts, then such lesser ratio as exists after said taking shall be
deemed to meet the requirements of this paragraph.”
2. Access, Parking and Easements. Notwithstanding any inconsistencies between
the Access Easements granted in Book 983 at Page 602 in the records of Washington County,
Arkansas ( the “ Plottable Access Easements”) and depicted on the Concurrent Plat of Fayetteville
Center Subdivision recorded on April 18, 1980 as Plat Record 8 at Page 76 of the records of
Washington County, Arkansas ( the “ Original Plat”), and the mutual reciprocal and nonexclusive
easements, licenses, rights and privileges granted in the Declaration ( collectively the “ Reciprocal
Easements”), the Owners hereby acknowledge and confirm:
a. All Owners benefit from mutual reciprocal and nonexclusive access and parking
easements, licenses, rights and privileges of passage, both pedestrian and vehicular, over the Entire
Premises on vehicular driveways, parking areas and pedestrian walkways as they currently exist
or, subject to (ii)-(iv) below, may exist in the future from time to time, including access to and
from the public right of ways adjacent to the Entire Premises.
b. Each Owner may modify the areas making up the Reciprocal Easements, including
but not limited to vehicular driveways, parking areas and pedestrian walkways on its property, so
long as new connections: ( a) are made in compliance with the Declaration; and ( b) continue to
facilitate passage of vehicles to and from all properties which are a part of the Entire Premises.
c. No Owner shall have the right to unreasonably limit nor deny access to any means
of ingress and egress to any existing public right of way from any other Owner as of the First
Amendment Effective Date without the consent ( which shall not be unreasonably withheld) of all
2
Owners and a further amendment to the Declaration.
d. Following the date hereof and upon the written request therefor by any Owner
which shall be delivered to all other Owners at the address noted in the records of Washington
County, Arkansas), each Owner agrees to reasonably cooperate with the other Owners ( at the
requesting Owner’ s sole cost and expense) to further amend and restate the Original Plat to
properly memorialize and document such Reciprocal Easements and cure any inconsistencies
between the Original Plat and the Declaration.
3. Building Height. Section 1(g) of the Declaration is hereby deleted in its entirety
and replaced with the following:
g) [ Intentionally Omitted]”
4. Insurance. Section 4 of the Declaration is hereby deleted int its entirety and
replaced with the following:
4. [ Intentionally Omitted]
5. Capitalized terms used herein and not otherwise defined shall have the meaning
ascribed to them in the Declaration.
6. Except as hereby expressly modified or amended, all of the terms and provisions
of the Declaration are hereby ratified and confirmed.
7. This First Amendment shall constitute a covenant running with the land and shall
be binding upon and inure to the benefit of the Owners and their respective successors and
assigns.
8. This First Amendment may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
Signature Pages Follows]
3
IN WITNESS WHEREOF, the undersigned Owners have caused this First Amendment to
be duly executed by their authorized representatives as of the day and year first above written.
Parcel No. -765-05363-000
OWNER:
Rogers Retail Partners, LLC
By:
Printed Name: _______________________
Title: ______________________________
STATE OF ___________ )
SS:
COUNTY OF _________ )
On this ___ day of _______________, 20___, before me appeared
to me personally known, who, being by me duly sworn, did say that s/he
is the ______________________ of _____________________,a ___________________, and
that the foregoing Amendment was signed on behalf of said __________; and said
acknowledged said instrument to be the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Notary Public
My term expires:
4
Parcel No. -765-05364-000
OWNER:
Countdown, LLC
By:
Printed Name: _______________________
Title: ______________________________
STATE OF ___________ )
SS:
COUNTY OF _________ )
On this ___ day of _______________, 20___, before me appeared
to me personally known, who, being by me duly sworn, did say that s/he
is the ______________________ of _____________________,a ___________________, and
that the foregoing Amendment was signed on behalf of said __________; and said
acknowledged said instrument to be the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Notary Public
My term expires:
5
Parcel No. -765-05361-000
OWNER:
WH Capital, L.L.C.
By:
Printed Name: _______________________
Title: ______________________________
STATE OF ___________ )
SS:
COUNTY OF _________ )
On this ___ day of _______________, 20___, before me appeared
to me personally known, who, being by me duly sworn, did say that s/he
is the ______________________ of _____________________,a ___________________, and
that the foregoing Amendment was signed on behalf of said __________; and said
acknowledged said instrument to be the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Notary Public
My term expires:
6
Parcel No. -765-14855-000
OWNER:
University of Arkansas
By:
Printed Name: _______________________
Title: ______________________________
STATE OF ___________ )
SS:
COUNTY OF _________ )
On this ___ day of _______________, 20___, before me appeared
to me personally known, who, being by me duly sworn, did say that s/he
is the ______________________ of _____________________,a ___________________, and
that the foregoing Amendment was signed on behalf of said __________; and said
acknowledged said instrument to be the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Notary Public
My term expires:
7
Parcel No. -765-14854-000; 765-14851-000;
765-05367-010
OWNER:
JM Choi Property LLC
By:
Printed Name: _______________________
Title: ______________________________
STATE OF ___________ )
SS:
COUNTY OF _________ )
On this ___ day of _______________, 20___, before me appeared
to me personally known, who, being by me duly sworn, did say that s/he
is the ______________________ of _____________________,a ___________________, and
that the foregoing Amendment was signed on behalf of said __________; and said
acknowledged said instrument to be the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Notary Public
My term expires:
8
Parcel No. -765-05366-000; 765-05367-000;
765-05368-000
OWNER:
Summerfield L.L.C.
By:
Printed Name: _______________________
Title: ______________________________
STATE OF ___________ )
SS:
COUNTY OF _________ )
On this ___ day of _______________, 20___, before me appeared
to me personally known, who, being by me duly sworn, did say that s/he
is the ______________________ of _____________________,a ___________________, and
that the foregoing Amendment was signed on behalf of said __________; and said
acknowledged said instrument to be the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Notary Public
My term expires:
9
Parcel No. -765-05369-000
OWNER:
BCL Group LLC
By:
Printed Name: _______________________
Title: ______________________________
STATE OF ___________ )
SS:
COUNTY OF _________ )
On this ___ day of _______________, 20___, before me appeared
to me personally known, who, being by me duly sworn, did say that s/he
is the ______________________ of _____________________,a ___________________, and
that the foregoing Amendment was signed on behalf of said __________; and said
acknowledged said instrument to be the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Notary Public
My term expires:
10
Parcel No. -765-05365-000
OWNER:
Yang, Goerge & Lora Revocable Trust
By:
Printed Name: _______________________
Title: ______________________________
STATE OF ___________ )
SS:
COUNTY OF _________ )
On this ___ day of _______________, 20___, before me appeared
to me personally known, who, being by me duly sworn, did say that s/he
is the ______________________ of _____________________,a ___________________, and
that the foregoing Amendment was signed on behalf of said __________; and said
acknowledged said instrument to be the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Notary Public
My term expires:
11
Parcel No. -765-14855-001
OWNER:
City of Fayetteville
By:
Printed Name: _______________________
Title: ______________________________
STATE OF ___________ )
SS:
COUNTY OF _________ )
On this ___ day of _______________, 20___, before me appeared
to me personally known, who, being by me duly sworn, did say that s/he
is the ______________________ of _____________________,a ___________________, and
that the foregoing Amendment was signed on behalf of said __________; and said
acknowledged said instrument to be the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Notary Public
My term expires:
12
Parcel No. – 765-05362-000
OWNER:
2285 W. Martin Luther King Jr. Blvd. Fayetteville,
LLC
By:
Printed Name: _______________________
Title: ______________________________
STATE OF ___________ )
SS:
COUNTY OF _________ )
On this ___ day of _______________, 20___, before me appeared
to me personally known, who, being by me duly sworn, did say that s/he
is the ______________________ of _____________________,a ___________________, and
that the foregoing Amendment was signed on behalf of said __________; and said
acknowledged said instrument to be the free act and deed of said
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Notary Public
My term expires:
13
EXHIBIT A
Real Property Legal Description
14
CITY COUNCIL MEMO
2026-1978
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
FROM: Jonathan Curth, Development Services Director
Chris Brown, Public Works Director
SUBJECT: Adoption of a City of Fayetteville-University of Arkansas memorandum of
understanding that establishes maintenance responsibilities on certain roadways
through and adjacent to University of Arkansas properties
RECOMMENDATION:
City staff recommends approval of a resolution to adopt a City of Fayetteville-University of Arkansas
Memorandum of Agreement (MOA) establishing maintenance responsibilities on certain roadways through and
adjacent to University of Arkansas properties.
BACKGROUND:
For several years, the University of Arkansas expressed interest in using their property frontages along public
streets for additional landscaping, extended areas of Senior Walk, and other enhancements. City and
University staff collaborated to identify a mechanism by which to do this that protected the interests of both
institutions, culminating in a conditionally approved right-of-way vacation that was approved by City Council in
2023 (Ordinance 6640; attached). This ordinance encompasses 6.54 acres of right-of-way to be vacated along
seven streets adjoining the main University of Arkansas campus and its satellite arts district. None of the 18
portions of right-of-way include vehicle driving lanes.
In-turn, the University proposes dedication of right-of-way along with utility easements to protect existing
facilities. Among the outstanding conditions of the approved right-of-way vacation, perhaps the most prominent
is the requirement for a formal agreement between the City and University, enshrining assurances of
pedestrian access and clear delineation of responsibility for maintenance and repairs.
DISCUSSION:
Following approval of Ordinance 6640, City and University staff developed a MOA to enshrine the right-off-way
vacation’s conditions. The MOA was approved by the University’s Board of Trustees with mayoral signature
pending Council approval.
BUDGET/STAFF IMPACT:
ATTACHMENTS: 3. Staff Review Form , 4. City of Fayetteville-UA MOA, 5. Ordinance 6640
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-1978
A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE
UNIVERSITY OF ARKANSAS THAT ESTABLISHES MAINTENANCE RESPONSIBILITIES
ON CERTAIN ROADWAYS AND SIDEWALKS THROUGH AND ADJACENT TO
UNIVERSITY OF ARKANSAS PROPERTIES
WHEREAS, for several years, the University of Arkansas expressed interest in using its property
frontages and our sidewalk rights-of-way along public streets for additional landscaping, extended areas
of Senior Walk, and other enhancements; and
WHEREAS, City and University staff collaborated to identify a mechanism to accomplish this that
protected the interests of both institutions, culminating in a conditionally approved right-of-way
vacation that was approved by City Council in 2023 through Ordinance 6640; and
WHEREAS, Ordinance 6640 encompassed 6.54 acres of street and sidewalk right-of-way along seven
streets adjoining the main University of Arkansas campus and its satellite arts district; and
WHEREAS, the University of Arkansas proposed dedication of certain rights-of-way along with utility
easements to protect existing facilities and requirement of a formal agreement between the City and
University to assure pedestrian access and clear delineation of responsibility for maintenance and
repairs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to
sign a Memorandum of Understanding with the University of Arkansas that establishes maintenance
responsibilities on certain roadways and sidewalks through and adjacent to University of Arkansas
properties.
Page 1
City of Fayetteville Staff Review Form
2026-1978
Item ID
6/ 16/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Jonathan Curth 5/ 28/ 2026 DEVELOPMENT SERVICES ( 620)
Submitted By Submitted Date Division / Department
Action Recommendation:
City staff recommends approval of a resolution to adopt a City of Fayetteville-University of Arkansas Memorandum
of Agreement establishing maintenance responsibilities on certain roadways through and adjacent to University of
Arkansas properties
Budget Impact:
NumberFundAccount
Project Number Project Title
Budgeted Item? No Total Amended Budget
Expenses ( Actual+ Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No -$ Budget Adjustment
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution # Ord. 6640
Change Order Number: Approval Date: 2/7/2023
Original Contract Number:
Comments:
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR AND
ON BEHALF OF THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE
AND
CITY OF FAYETTEVILLE, ARKANSAS
REGARDING
CONDITIONS OF VACATION OF VARIOUS RIGHTS-OF-WAY AND THE
RESPONSIBILITIES FOR THE ONGOING MAINTENANCE
OF ROADWAYS THROUGH THE UNIVERSITY OF ARKANSAS,
AND FOR OTHER PROPERTIES AS AGREED TO BY THE PARTIES
WHEREAS, the University of Arkansas (the University) is located within the city limits
of the City of Fayetteville, Arkansas ( the City) and the City has FHUWDLQ streets that pass through
the state-owned property of the University; and
WHEREAS, the City has been granted ownership of the Rights of Way (ROW) of these
streets which once were the property of the State of Arkansas, in the form of highways managed
by ARDOT; and
WHEREAS, the City and the University have determined that it is in the best interest of
both parties and the constituencies they respectively represent to transfer ownership of specific
portions of said ROW from the City to the University; and
WHEREAS, the City Council has the authority under A.C.A. §14-54-104 to vacate
public grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City and the University have jointly executed the required official legal
documents required to make such ROW transfers, such that the City generally owns the ROW
encompassing the street width from the back-of-curb to back-of-curb for the designated streets;
and the University owns the land beginning at the back-of-curb, it then being a continuous part
of the University’ s adjacent property; and
WHEREAS the City and the University wish to designate the maintenance
responsibilities for all land areas, surface and sub-surface infrastructures, landscape and grounds,
and other appurtenances, collectively referred to as facilities, of the University and the City
respectively LQ VXFK WUDQVIHUUHG 52: DUHDV; and,
WHEREAS the City and the University wish to execute all necessary associated utility
easements, as required to maintain said facilities, both public and private; and
1
WHEREAS the City and the University agree to provide in the agreement assurances for
pedestrian access to sidewalks of the University in the vacated areas; and
NOW THEREFORE, the City and the University agree to the following conditions and
responsibilities under this agreement, for the designated areas shown on the attached and
referenced exhibits:
I. PEDESTRIAN ACCESS
a. The University agrees by execution of this MOU with the City, to accommodate use
by the general public of the sidewalks that are located on the subject University
property for pedestrian traffic, to be used in compliance with applicable law and
policies of the University. The University may temporarily close or otherwise manage
access for safety, construction, repair, or maintenance purposes.
II. EASEMENTS FOR FACILITIES
a. Easements shall be dedicated for any existing facilities associated with this right-of-
way vacation request, with review and coordination by the University, the City, and
the utility provider, including properly identifying utilities in the field by means of
surveying, pot holing, and coordinating with utility representatives.
b. Signal poles and appurtenances must remain in the right-of-way, or an easement be
dedicated over the areas where poles and appurtenances are located.
c. Drainage easements must be dedicated in areas of existing drainage facilities.
d. For the installation of future utilities, the University and the City agree to work
cooperatively to provide reasonable and necessary access to utility providers.
III. MAINTENANCE RESPONSIBILITIES OF THE CITY.
a. Within the City ROW, the city shall be responsible for maintaining the street paving,
curbs and gutters, storm and drainage structures, traffic and crosswalk signals and
control cabinets, street markings and all other hardscape or road elements, unless
specifically identified as a responsibility of the University elsewhere in the MOU.
b. Outside City ROW, the City shall be responsible for repairs to features behind the
curb due to maintenance, installation, and repair of any City facilities located within
vacated rights of way, including drainage facilities and water/sewer lines, where a
utility easement has been granted to the City from the University. The City shall be
financially responsible for restoration of disturbed hardscape and landscape only to
the extent the repairs are consistent with the standard of care for other City Streets.
The University shall be responsible for any enhanced landscape or hardscape above
that which is typical for the City in other similar instances.
c. The City shall not be responsible for the maintenance of landscape, trees and
irrigation systems, located in the street medians, unless specifically noted below.
2
d. For other site improvements located outside the City ROW, or not contained in a
dedicated City easement, the City will not be responsible for maintenance or repair of
anything except a standard sidewalk, as defined in City engineering standards for a
Master Plan Street Section of the same classification. Where repairs require specialty
hardscape materials (e.g. Senior Walk, specialty pavers, specialty signage) desired by
the University, restoration shall be as mutually agreed by the City and University; but
the City will be responsible for only the cost of City standard hardscape materials as
specified by the design standards shown in the Master Plan Street Sections. Any
damage to or relocation of existing facilities will be at the expense of those creating
the need for the maintenance or repair.
IV. MAINTENANCE RESPONSIBILITIES OF THE UNIVERSITY
a. For the streets noted below, the maintenance responsibility of the University within
the City ROW will be primarily related to landscape elements, associated with ground
cover, trees and irrigation.
b. Unless explicitly noted otherwise, maintenance responsibility of the University does
not include hardscape or road elements located in City ROW, such as curb and gutter,
drainage infrastructure, paving, traffic and crosswalk signals and equipment, street
markings, and standard traffic control signage; all of which are the responsibility of
City. University specialty monument signage is not the responsibility of the City,
whether in City ROW or not.
c. Scope of Maintenance Services to be provided by the University:
1) Maintenance of turf grass:
a) Mowing, chemical treatment
b) Periodic edging and weed string trimming
2) Maintenance of trees:
a) Pruning as required
b) Replacement when necessary
c) Installation, pruning, and replacement will be coordinated such that
signage elements maintained by the City are not obscured, and that
sight distance standards are upheld.
3) Irrigation systems where applicable:
a) Backflow device maintenance
b) Drip irrigation for trees
c) Turf irrigation where applicable
d) Utility costs for irrigation
4) Crosswalk striping and pedestrian enhancements (RRFB’s, in pavement
lighting, and the like) at non-signalized pedestrian crossings.
3
V. ROADWAYS AND STREETS SUBJECT TO THIS AGREEMENT
The following street designations are subject to this MOU and the conditions stated
herein. The complete ROW documents and legal descriptions are included in the
referenced ATTACHMENT 1, which describes all three (3) Vacation Map sections.
This list may be modified or amended over time as the need arises between the
parties.
a. The street sections generally identified below are shown in the Vacation Maps and
are identified in the EXHIBITS, shall be subject to the specific requirements noted in
the Agreement:
1) SOUTH RAZORBACK ROAD
a) RAZORBACK ROAD -Martin Luther King Blvd to W Hotz
Drive
2) MAPLE HILL BLOCK
a) RAZORBACK ROAD – W Hotz Drive to Cleveland Ave
b) CLEVELAND AVE -Razorback Road to Lindell Ave
c) MAPLE STREET -Razorback Road to Garland Ave
d) GARLAND AVE -Maple Street to Cleveland Ave
3) ART AND DESIGN DISTRICT
a) MARTIN LUTHER KING, JR. BLVD –Hill Ave to LeRoy Pond
Dr
b) HILL AVE –Martin Luther King Jr. Blvd to South Property
Boundary
c) LEROY POND DR.– Martin Luther King Jr. Blvd to South
Property Boundary
VI. MINOR PHYSICAL MODIFICATIONS
The University and the City jointly and independently reserve the right to make
limited reasonable modifications to the University maintained areas at their own cost,
as needed to maintain safety of the roadways, accommodate changing site conditions
and to preserve the ability to maintain the areas. Each party shall notify the other prior
to making such modifications and the basis for the need for the modification by
contacting Facilities Management with the University and the Office of the City
Engineer with the City.
4
VII. DURATION
This Agreement will only expire if both the University and the City consent to its
termination in writing.
VIII. TRANSFER
This Agreement shall not be transferable unless approved in writing by the City of
Fayetteville, and the Board of Trustees of the University of Arkansas.
IX. AMENDING THE MEMORANDUM OF AGREEMENT
FAILURE TO PERFORM: Should either of the signatories to this Agreement believe
that the terms of this Agreement are not being met, or cannot be met, that party shall
immediately notify the other signatories and request consultation to amend this
Agreement. The parties agree to act in good faith to resolve any issues incurred over
the term of the Agreement, consistent with any applicable laws, codes or ordinances,
and with accepted professional engineering practice.
CHANGES TO THE AGREEMENT: Over time, it is expected that there will be the
need to change ROW designations, add additional streets and ROW to the agreement,
or remove areas currently in the Agreement. Should this need arise over the life of the
Agreement, the signatories to this Agreement shall notify the other signatories and
request consultation to amend this Agreement. The parties agree to act in good faith
to resolve any issues incurred over the term of the Agreement, consistent with any
applicable laws, codes or ordinances, and with accepted professional engineering
practice. The process to amend this Agreement shall be conducted in a manner similar
to that leading to the execution of this Agreement.
X. TERMINATING THE MEMORANDUM OF AGREEMENT
This Agreement shall not be terminated except by the authorized respective
representatives of the City of Fayetteville, and the Board of Trustees of the University
of Arkansas.
XI. COUNTERPARTS AND SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be
considered one and the same document. The parties agree that copies of faxed or PDF
copies of the signature pages shall be deemed a valid and binding upon each of them.
XII. GOVERNING LAW
This Agreement shall be governed and construed under the laws of the State of
Arkansas without regard to its choice of law principles. By entering into this
Agreement, neither the City, nor the University, waive any immunities to suit that are
or may be available to it or its respective officials, trustees, representatives or
employees.
5
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ATTACHMENT 1
City of Fayetteville Ordinance
ATTACHMENT 1 COF ROW Legal Description
13 Pages
ATTACHMENT 2 City Council Memo 554a0814-ec2e-4eaa-8dfe-
054e8045c030
2 Pages
ATTACHMENT 3 Ordinance f638f531-efa7-4921-bca5-84f7aefb3b3c
2 Pages
ATTACHMENT 4 COF ROW Vacation -AREA OVERVIEW MAP
1 page
7
8
EXHIBIT ' B'
VAC-2022-0024
ROW Vacation Description
1
Part of the NE1/4 NW1/4 of Section 21, Township 16 North, Range 30 West, City of
Fayetteville, Arkansas, being more particularly described as follows:
Commencing at the NW corner of the said NE1/4 NW1/4; Thence S 60°00'27" E, a
distance of 525.14 feet to the Easterly right of way line of Hill Avenue and the Point of
Beginning; Thence S 02°40'45" W along the Easterly right of way line of said Hill
Avenue, a distance of 36.68 feet; Thence S 82°20'08" W, a distance of 11.08 feet to a
point on the Easterly back of curb line of Hill Avenue; Thence N 02°52'05" E along the
said Easterly back of curb line, a distance of 36.70 feet; Thence N 82°20'08" E, a
distance of 10.96 feet to the Point of Beginning, containing 0.01 acres more or less.
2
Part of the NE1/4 NW1/4 of Section 21 and part of the SE1/4 SW1/4 of Section 16 all in
Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more
particularly described as follows:
Commencing at the NW corner of the said NE1/4 NW1/4; Thence S 64°05'15" E, a
distance of 507.77 feet to a point on the Easterly right of way line of Hill Avenue and the
Point of Beginning; Thence S 82°20'08" W, a distance of 10.82 feet to a point on the
Easterly back of curb line of said Hill Avenue; Thence N 02°52'05" E along the said
Easterly back of curb line, a distance of 132.06 feet; Thence N 02°41'12" E along the
said Easterly back of curb line, a distance of 362.61 feet; Thence S 87°10'32" E, a
distance of 6.48 feet to the Easterly right of way line of said Hill Avenue; Thence along
the Easterly right of way line of said Hill Avenue the following three courses: S
02°32'37" W, a distance of 184.79 feet; S 01°43'05" W, a distance of 193.23 feet; S
02°40'45" W, a distance of 114.72 feet to the Point of Beginning, containing 0.09 acres
more or less.
3
Part of the SE1/4 SW1/4 of Section 16, Township 16 North, Range 30 West, City of
Fayetteville, Arkansas, being more particularly described as follows:
Commencing at the NW corner of the NE1/4 NW1/4 of Section 21. Thence N 68°47'51"
E, a distance of 718.90 feet to a point of the Southerly right of way line of M.L.K. JR
Boulevard; Thence S 86°32'38" E, a distance of 277.65 feet to a point on the Southerly
right of way line of M.L.K. JR Boulevard; Thence along the Southerly right of way line of
M.L.K. JR Boulevard the following three courses: S 03°27'22" W, a distance of 10.00
9
feet; N 86°32'38" W, a distance of 277.52 feet; N 02°42'49" E, a distance of 10.00 feet
to the Point of Beginning, containing 0.06 acres more or less.
4
Part of the NE1/4 NW1/4 of Section 21 and part of the SE1/4 SW1/4 of Section 16 all in
Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more
particularly described as follows:
Commencing at the NW corner of the said NE1/4 NW1/4; Thence N 77°59'30" E, a
distance of 1124.85 feet the intersection of the Southerly right of way line of M.L.K. JR
Boulevard and the Westerly right of way line of Government Avenue and the Point of
Beginning; Thence S 86°32'38" E, a distance of 8.00 feet to a point on the Westerly
back of curb line of said Government Avenue; Thence S 02°28'13" W along the said
Westerly back of curb line, a distance of 370.23 feet; Thence S 82°19'51" W, a distance
of 19.56 feet to the Westerly right of way line of said Government Avenue; Thence
along the Westerly right of way line of said Government Avenue the following three
courses: N 02°31'09" E, a distance of 208.36 feet; S 87°04'21" E, a distance of 11.07
feet; N 02°28'13" E, a distance of 165.53 feet to the Point of Beginning, containing 0.13
acres more or less.
5
Part of the SE1/4 of Section 8 and part of the NE1/4 NE1/4 of Section 17 all in
Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas,
being more particularly described as follows:
Commencing at the SE corner of said Section 8; Thence N 02°53'25" E along the East
line of said Section 8, a distance of 1260.95 feet; Thence N 87°09'15" W, a distance of
117.56 feet to a point on the Southerly right of way line of Clevland Street and the Point
of Beginning; Thence along the Southerly right of way line of said Clevland Street the
following bearings and distances: N 87°09'15" W, a distance of 478.83 feet; N
02°50'45" E, a distance of 12.44 feet; N 87°09'15" W, a distance of 715.54 feet to a
point on the proposed Southerly back of curb line of said Clevland Street; Thence along
the Southerly back of curb line of said Clevland Street the following bearings and
distance: Northeasterly along a 29.50 feet radius curve to the right, thru a central angle
of 57°21’17", for a distance of 29.53 feet, said curve having a chord bearing of N
63°53’14" E, and distance of 28.31 feet; S 87°26'07" E, a distance of 805.77 feet to the
beginning of a circular curve to the right; Southeasterly along a 5.00 feet radius curve to
the right, thru a central angle of 90°00'00", for a distance of 7.85 feet, said curve having
a chord bearing of S 42°26'07" E, and distance of 7.07 feet; S 02°33'53" W, a distance
of 6.83 feet; S 87°26'07" E, a distance of 386.19 feet to the beginning of a circular curve
10
to the right, said point being at the intersection of the Southerly back of curb line of said
Clevland Street and the Westerly back of curb line of Garland Avenue; Thence along
the Westerly back of curb line of said Garland Avenue the following bearings and
distances: Southeasterly along a 37.50 feet radius curve to the right, thru a central
angle of 89°49'41", for a distance of 58.79 feet, said curve having a chord bearing of S
42°31'16" E, and distance of 52.95 feet; Thence S 02°23'34" W, a distance of 736.30
feet; Thence S 03°10'11" W, a distance of 391.26 feet; Thence S 03°10'11" W, a
distance of 61.13 feet to the beginning of a circular curve to the right at the intersection
of the Westerly back of curb line of said Garland Avenue and the Northerly back of curb
line of West Maple Street; Thence along the Northerly back of curb line of said West
Maple Street the following bearings and distances: Southwesterly along a 39.50 feet
radius curve to the right, thru a central angle of 89°20'08", for a distance of 61.59 feet,
said curve having a chord bearing of S 47°50'15" W, and distance of 55.54 feet; N
87°29'41" W, a distance of 1184.55 feet to the beginning of a circular curve to the right
at the intersection of the Northerly back of curb line of said West Maple Street and the
Easterly back of curb line of Razorback Road; Thence along the Easterly back of curb
line of said Razorback road the following bearings and distances: Northwesterly along a
30.00 feet radius curve to the right, thru a central angle of 89°59'12", for a distance of
47.12 feet, said curve having a chord bearing of N 42°30'05" W, and distance of 42.42
feet; N 02°29'30" E, a distance of 20.32 feet; Thence leaving the Easterly back of curb
line of said Razorback Road and along the Northerly right of way line of said West
Maple Street the following bearings and distance: S 87°16'56" E, a distance of 36.71
feet; S 32°16'27" E, a distance of 12.21 feet; S 02°43'04" W, a distance of 15.00 feet; S
85°50'33" E, a distance of 196.14 feet; S 86°17'43" E, a distance of 367.01 feet; N
58°48'06" E, a distance of 43.32 feet; S 87°56'08" E, a distance of 61.00 feet; S
53°43'12" E, a distance of 30.23 feet; S 87°56'08" E, a distance of 15.00 feet; S
02°03'52" W, a distance of 10.00 feet; S 87°56'08" E, a distance of 128.00 feet; S
80°44'15" E, a distance of 27.21 feet; S 87°49'55" E, a distance of 27.57 feet; N
02°03'52" E, a distance of 10.46 feet; S 87°56'08" E, a distance of 141.43 feet; S
78°00'34" E, a distance of 29.74 feet; S 87°43'15" E, a distance of 93.43 feet to the
intersection of the Northerly right of way line of said West Maple Street and the Westerly
right of way line of said Garland Avenue; Thence along the Westerly right of way line of
said Garland Avenue the following bearings and distances: N 51°46'34" E, a distance of
53.54 feet; N 08°37'03" E, a distance of 7.95 feet; N 03°14'28" E, a distance of 238.68
feet; N 41°45'32" W, a distance of 6.15 feet; N 03°14'28" E, a distance of 77.00 feet; N
48°14'28" E, a distance of 6.15 feet; N 03°14'28" E, a distance of 136.61 feet; N
02°31'16" E, a distance of 701.38 feet; N 58°12'33" W, a distance of 51.84 feet to the
Point of Beginning, containing 1.67 Acres more or less.
Part of the SW1/4 of Section 9, Township 16 North, Range 30 West, City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows:
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Commencing at the SW corner of said Section 9; Thence N 74°45'30" E, a distance of
95.94 feet to a point lying on the Northerly right of way line of West Maple Street and
the Point of Beginning; Thence S 03°06'30" W, a distance of 9.11 feet to the intersection
of the Northerly back of curb line of said West Maple Street and the Easterly back of
curb line of Garland Avenue; Thence along the Easterly back of curb line of said
Garland Avenue the following bearings and distances: N 86°53'30" W, a distance of
36.05 feet to the beginning of a circular curve to the right; Northwesterly along a 39.50
feet radius curve to the right, thru a central angle of 90°03'41", for a distance of 62.09
feet, said curve having a chord bearing of N 41°51'40" W, and distance of 55.89 feet; N
03°10'11" E, a distance of 65.85 feet; N 03°10'11" E, a distance of 381.32 feet; N
02°23'34" E, a distance of 10.44 feet; Northeasterly along a 19.50 feet radius curve to
the right, thru a central angle of 51°14'11", for a distance of 17.44 feet, said curve
having a chord bearing of N 28°00'40" E, and distance of 16.86 feet; Thence leaving the
Easterly back of curb line of said Garland Avenue and along the Easterly right of way
line of said Garland Avenue, S 02°53'25" W, a distance of 465.30 feet to the intersection
of the Easterly right of way line of said Garland Avenue and the Northerly right of way
line of aforesaid West Maple Street; Thence along the Northerly right of way line of said
West Maple Street the following bearings and distances: S 42°55'49" E, a distance of
43.49 feet; S 74°15'21" E, a distance of 35.89 feet to the Point of Beginning, containing
0.12 Acres more or less.
Part of the SW1/4 of Section 9, Township 16 North, Range 30 West, City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows:
Commencing at the SW corner of said Section 9; Thence N 02°53'25" E along the West
line of said Section 9, a distance of 1297.88 feet; Thence S 87°06'35" E, a distance of
44.78 feet to the intersection of the Southerly right of way line of Clevland Street and the
Easterly right of way line of Garland Avenue and the Point of Beginning; Thence along
the Easterly right of way line of said Garland Avenue the following bearings and
distances: S 48°20'03" W, a distance of 27.69 feet; S 02°53'40" W, a distance of 707.66
feet to the Easterly back of curb line of said Garland Avenue; Thence along the Easterly
back of curb line of said Garland Avenue the following bearings and distances:
Northwesterly along a 19.50 feet radius curve to the right, thru a central angle of
52°26'46", for a distance of 17.85 feet, said curve having a chord bearing of N 23°49'49"
W, and distance of 17.23 feet; N 02°23'34" E, a distance of 250.85 feet; Thence leaving
the Easterly back of curb line of said Garland Avenue N 02°23'34" E, a distance of
209.31 feet to a point on the Easterly back of curb line of said Garland Avenue; Thence
N 02°23'34" E along the Easterly back of curb line of said Garland Avenue, a distance
of 229.09 feet to the intersection of the Easterly back of curb line of said Garland
Avenue and the Southerly back of curb line of aforesaid Clevland Street and the
beginning of a circular curve to the right; Thence along the Southerly right of way line of
said Clevland Street the following bearings and distances: Northeasterly along a 31.50
feet radius curve to the right, thru a central angle of 91°00'58", for a distance of 50.04
feet, said curve having a chord bearing of N 47°54'03" E, and distance of 44.94 feet; S
86°35'28" E, a distance of 276.96 feet; Thence leaving the Southerly back of curb line of
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said Clevland Street, S 02°53'25" W, a distance of 6.72 feet to a point lying on the
Southerly right of way line of said Clevland Street; Thence N 87°07'28" W along the
Southerly right of way line of said Clevland Street, a distance of 275.22 feet to the Point
of Beginning, containing 0.24 Acres more or less.
8
Part of the NE1/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NE corner of said Section 17; Thence S 02°41'08" W along the East
line of said Section 17, a distance of 44.57 feet to a point lying on the Southerly right of
way line of West Maple Street and the Point of Beginning; Thence along the Southerly
right of way line of said West Maple Street the following bearings and distances: N
87°56'08" W, a distance of 529.41 feet; S 02°03'52" W, a distance of 10.00 feet; N
87°56'08" W, a distance of 45.09 feet; S 29°02'41" W, a distance of 50.50 feet; S
79°37'29" W, a distance of 17.72 feet to the Easterly back of curb line of Stadium Drive;
Thence N 02°37'28" E along the Easterly back of curb line of said Stadium Drive, a
distance of 49.69 feet to the beginning of a circular curve to the right at the intersection
of the Easterly back of curb line of said Stadium Drive and the Southerly back of curb
line of West maple Street; Thence along the Southerly back of curb line of said West
Maple Street the following bearings and distances: Northeasterly along a 30.00 feet
radius curve to the right, thru a central angle of 89°52'51", for a distance of 47.06 feet,
said curve having a chord bearing of N 47°33'53" E, and distance of 42.38 feet; S
87°29'41" E, a distance of 584.19 feet; S 02°41'08" W, a distance of 16.09 feet to the
Point of Beginning, containing 0.31 Acres more or less.
9
Part of the NE1/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NW of the said NE1/4 NE1/4; Thence S 02°43'18" W along the
West line of said NE1/4 NE1/4, a distance of 309.18 feet; Thence S 87°16'42" E, a
distance of 23.76 feet to a point lying on the Easterly right of way line of Razorback
Road and the Easterly back of curb line of said Razorback Road and the Point of
Beginning; Thence N 02°58'57" E along the Easterly back of curb line of said Razorback
Road, a distance of 160.23 feet to the beginning of a circular curve to the right at the
intersection of the Easterly back of curb line of said Razorback Road and the Southerly
back of curb line of West Maple Street; Thence Northeasterly along the Southerly back
of curb line of said West Maple Street along a 100.00 feet radius curve to the right, thru
a central angle of 89°31'22", for a distance of 156.25 feet, said curve having a chord
bearing of N 47°44'38" E, and distance of 140.83 feet; Thence S 87°29'41" E along the
Southerly back of curb line of said West Maple Street, a distance of 514.79 feet to the
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beginning of a circular curve to the right at the intersection of the Southerly back of curb
line of said West Maple Street and the Westerly back of curb line of Stadium Drive;
Thence Southeasterly along the Westerly back of curb line of said Stadium Drive along
a 30.00 feet radius curve to the right, thru a central angle of 90°07'09", for a distance of
47.19 feet, said curve having a chord bearing of S 42°26'07" E, and distance of 42.47
feet; Thence S 02°37'28" W along the Westerly back of curb line of said Stadium Drive,
a distance of 57.35 feet to a point lying on the Southerly right of way line of said West
Maple Street; Thence along the Southerly right of way line of said West Maple Street
the following bearings and distances: S 79°37'29" W, a distance of 17.02 feet; N
43°37'28" W, a distance of 44.19 feet; N 43°37'28" W, a distance of 22.24 feet; N
54°03'02" W, a distance of 48.45 feet; N 85°43'19" W, a distance of 137.52 feet; N
71°49'55" W, a distance of 7.76 feet; N 86°45'54" W, a distance of 94.00 feet; S
03°14'11" W, a distance of 14.50 feet; N 86°45'49" W, a distance of 26.00 feet;
Thence N 03°14'11" E, a distance of 14.50 feet; N 86°45'50" W, a distance of 178.59
feet; S 54°43'02" W, a distance of 69.92 feet; S 36°42'58" W, a distance of 24.53 feet to
the intersection of the Southerly right of way line of said West Maple Street and the
Easterly right of way line of said Razorback Road; Thence S 02°43'04" W along the
Easterly right of way line of said Razorback Road, a distance of 168.40 feet; Thence S
57°28'29" W along the Easterly right of way line of said Razorback Road, a distance of
34.08 feet to the Point of Beginning, containing 0.43 Acres more or less.
Part of the NE1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NW corner of the said NE1/4 SE1/4; Thence S 02°43'27" W along
the West line of said NE1/4 SE1/4, a distance of 401.69 feet; Thence S 88°04'02" E, a
distance of 19.28 feet to a point lying on the Easterly right of way line of Razorback
Road and the Point of Beginning; Thence along the Easterly right of way line of said
Razorback Road the following bearings and distances: S 88°04'02" E, a distance of
26.98 feet; S 02°34'31" W, a distance of 474.04 feet; S 47°17'49" E, a distance of 35.62
feet; S 07°31'38" W, a distance of 17.21 feet to a point lying on the Northerly back of
curb line of Nolan Richardson Drive; Thence N 87°28'31" W along the Northerly back of
curb line of said Nolan Richardson Drive, a distance of 17.76 feet to the beginning of a
circular curve to the right at the intersection of the Northerly back of curb line of said
Nolan Richardson Drive and the Easterly back of curb line of said Razorback Road;
Thence along the Easterly back of curb line of said Razorback Road the following
bearings and distances: Northwesterly along a 29.00 feet radius curve to the right, thru
a central angle of 90°07'05", for a distance of 45.61 feet, said curve having a chord
bearing of N 42°24'59" W, and distance of 41.05 feet; N 02°38’34" E, a distance of
84.03 feet; N 02°30'46" E, a distance of 51.67 feet; N 00°20'35" E, a distance of 158.49
feet; N 02°30'46" E, a distance of 132.04 feet; N 02°54'25" E, a distance of 58.72 feet to
the Point of Beginning, containing 0.30 Acres more or less.
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11
Part of the NE1/4 SE1/4 and part of the SE1/4 SE1/4 of Section 17, Township 16 North,
Range 30 West, City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows:
Commencing at the NW corner of the said NE1/4 SE1/4; Thence S 02°43'27" W along
the West line of the said NE1/4 SE1/4, a distance of 990.51 feet; Thence S 87°16’33" E,
a distance of 41.41 feet to a point lying on the Easterly right of way line of Razorback
Road and the Point of Beginning; Thence along the Easterly right of way line of said
Razorback Road the following bearings and distances: S 02°37'57" W, a distance of
191.59 feet; S 02°37'57" W, a distance of 503.00 feet; S 32°48'03" E, a distance of
15.96 feet; S 02°37'57" W, a distance of 40.50 feet; N 87°22'03" W, a distance of 8.46
feet; S 02°32'57" W, a distance of 201.50 feet; S 02°46'05" W, a distance of 308.48 feet;
S 87°22'03" E, a distance of 9.23 feet; S 04°29'42" E, a distance of 54.63 feet; S
45°45'33" E, a distance of 15.96 feet; S 76°34'38" E, a distance of 36.68 feet; Thence S
88°32'28" W, a distance of 64.27 feet to the to the Easterly back of curb line of said
Razorback Road and the beginning of a circular curve to the right; Thence along the
Easterly back of curb line of said Razorback Road the following bearings and distances:
Northwesterly along a 40.00 feet radius curve to the right, thru a central angle of
51°46'46", for a distance of 36.15 feet, said curve having a chord bearing of N 23°14’49"
W, and distance of 34.93 feet; N 02°38'34" E, a distance of 245.78 feet; N 00°39'11" E,
a distance of 172.82 feet; N 02°38'34" E, a distance of 113.63; Thence leaving the
Easterly back of curb line of said Razorback Road N 02°38'34" E, a distance of 86.00
feet to the Easterly back of curb line of said Razorback Road; Thence N 02°38'34" E
along the Easterly back of curb line of said Razorback Road, a distance of 35.14 feet;
Thence leaving the Easterly back of curb line of said Razorback Road N 02°38'34" E, a
distance of 157.12 feet to a the Easterly back of curb line of said Razorback Road;
Thence along the Easterly back of curb line of said Razorback Road the following
bearings and distances: N 02°38'34" E, a distance of 215.84; N 04°46'38" E, a distance
of 161.08 feet; N 02°38'34" E, a distance of 125.51 feet to the beginning of a circular
curve to the right; Northeasterly along a 34.50 feet radius curve to the right, thru a
central angle of 89°52'55", for a distance of 54.12 feet, said curve having a chord
bearing of N 47°35'01" E, and distance of 48.74 feet; S 87°28'31" E, a distance of 4.65
feet; Thence S 02°31'29" W, a distance of 17.24 feet to a point lying on the Southerly
right of way line of Nolan Richardson Drive; Thence S 44°34'24" W along the Southerly
right of way line of said Nolan Richardson Drive, a distance of 36.39 feet to the Point of
Beginning, containing 0.64 Acres more or less.
Part of the NW1/4 SE1/4 and part of the SW1/4 SE1/4 of Section 17, Township 16
North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows:
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Commencing at the NE corner of the said NW1/4 SE1/4; Thence S 02°43’27" W, a
distance of 954.57 feet; Thence N 87°21'26" W, a distance of 48.50 feet to a point lying
on the Westerly right of way line of Razorback Road and the Point of Beginning; Thence
along the Westerly right of way line of said Razorback Road the following bearings and
distances: S 02°41'40" W, a distance of 885.85 feet; S 42°59'26" W, a distance of
26.15 feet; S 11°00'02" W, a distance of 60.47 feet; S 02°30'15" W, a distance of 30.08
feet; S 87°22'03" E, a distance of 31.00 feet; S 02°37'57" W, a distance of 240.00 feet;
S 07°12'24" W, a distance of 75.24 feet; S 00°52'46" E, a distance of 13.61 feet; S
15°10'00" W, a distance of 23.86 feet; S 59°11'49" W, a distance of 60.93 feet; Thence
N 88°32'28" E, a distance of 65.11 feet to the Westerly back of curb line of said
Razorback Road; Thence along the Westerly back of curb line of said Razorback Road
the following bearings and distances: Northeasterly along a 39.50 feet radius curve to
the left, thru a central angle of 43°02'25", for a distance of 29.67 feet, said curve having
a chord bearing of N 24°09'42" E, and distance of 28.98 feet; N 02°38'34" E, a distance
of 256.33 feet; N 04°37'56" E, a distance of 172.82 feet; N 02°38'34" E, a distance of
607.73 feet; N 00°30'29" E, a distance of 161.08 feet; N 02°38'34" E, a distance of
126.25 feet; Northwesterly along a 33.50 feet radius curve to the left, thru a central
angle of 49°41'15", for a distance of 29.05 feet, said curve having a chord bearing of N
22°12'04" W, and distance of 28.15 feet; Thence N 87°28'31" W, a distance of 7.18 feet
to the Point of Beginning, containing 0.76 Acres more or less.
Part of the NW1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NE corner of the said NW1/4 NE1/4; Thence S 02°43'27" W along
the East line of the said NW1/4 NE1/4, a distance of 43.47 feet; Thence N 87°16'33" W,
a distance of 30.92 feet to a point lying on the Westerly right of way line of Razorback
Road and the Point of Beginning; Thence along the Westerly right of way line of said
Razorback Road the following bearings and distances: S 02°05'15" W, a distance of
192.55 feet; S 02°56'28" W, a distance of 171.14 feet; S 02°56'28" W, a distance of
52.91 feet; N 87°22'08" W, a distance of 17.55 feet; S 02°37'57" W, a distance of 70.15
feet; Thence S 16°40'05" W, a distance of 28.86 feet; S 02°37'57" W, a distance of
82.00 feet; S 30°42'28" W, a distance of 17.53 feet; S 03°25'24" W, a distance of 50.00
feet; S 45°00'08" E, a distance of 21.57 feet; S 03°06'51" W, a distance of 163.01 feet;
S 09°06'16" W, a distance of 24.47 feet; Thence S 87°28'31" E, a distance of 8.84 feet
to the Westerly back of curb line of said Razorback Road and the beginning of a circular
curve to the left; Thence along the Westerly back of curb line of said Razorback Road
the following bearings and distances: Northeasterly along a 29.50 feet radius curve to
the left, thru a central angle of 46°40'08", for a distance of 24.03 feet, said curve having
a chord bearing of N 25°58'38" E, and distance of 23.37 feet; N 02°38'34" E, a distance
of 83.71 feet; N 02°30'46" E, a distance of 51.61 feet; N 04°40'57" E, a distance of
158.48 feet; N 02°30'46" E, a distance of 132.20 feet; N 02°54'25" E, a distance of
380.29 feet; N 00°22'40" W, a distance of 25.69 feet to a circular curve to the left;
Northwesterly along a 27.50 feet radius curve to the left, thru a central angle of
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23°19'03", for a distance of 11.19 feet, said curve having a chord bearing of N 12°02'11"
W, and distance of 11.11 feet to the Point of Beginning, containing 0.23 Acres more or
less.
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Part of the SW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NE corner of the said SW1/4 NE1/4; Thence S 02°35'17" W along
the East line of the said SW1/4 NE1/4, a distance of 545.93 feet; Thence N 86°40’08"
W, a distance of 42.18 feet to the Westerly right of way line of Razorback Road and the
Point of Beginning; Thence along the Westerly right of way line of said Razorback Road
the following bearings and distances: S 02°52'01" W, a distance of 302.22 feet; S
86°38'50" E, a distance of 3.21 feet; S 02°32'00" W, a distance of 179.59 feet to a point
on the Westerly back of curb line of said Razorback Road and the beginning of a
circular curve to the left; Thence along the Westerly back of curb line of said Razorback
Road the following bearings and distances: Northeasterly along a 30.00 feet radius
curve to the left, thru a central angle of 27°36'29", for a distance of 14.46 feet, said
curve having a chord bearing of N 16°31'19" E, and distance of 14.32 feet; N 02°43'04"
E, a distance of 9.68 feet; Thence leaving said Westerly back of curb line of said
Razorback Road and along the proposed Westerly back of curb line of said Razorback
Road the following bearings and distances: N 02°43'04" E, a distance of 85.06 feet; N
04°37’24" E, a distance of 214.63 feet; N 03°01’17" E, a distance of 140.19 feet to the
beginning of a circular curve to the left on the Westerly back of curb line of said
Razorback Road; Thence Northwesterly along the Westerly back of curb line of said
Razorback Road along a 29.50 feet radius curve to the left, thru a central angle of
38°31’42", for a distance of 19.84 feet, said curve having a chord bearing of N 16°14’34"
W, and distance of 19.47 feet; Thence N 86°40'08" W, a distance of 7.97 feet to the
Point of Beginning, containing 0.11 Acres more or less.
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Part of the SW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NE corner of the said SW1/4 NE1/4; Thence S 02°35'17" W along
the West line of the said SW1/4 NE1/4, a distance of 31.42 feet; Thence N 87°24'43" W,
a distance of 35.00 feet to a point lying on the Westerly right of way lien of Razorback
Road and the Point of Beginning; Thence S 03°03'28" W along the Westerly right of way
line of said Razorback Road, a distance of 469.02 feet; Thence S 86°40'08" E, a
distance of 18.37 feet to the Westerly back of curb line of said Razorback Road and the
beginning of a circular curve to the left; Thence along the Westerly back of curb line of
said Razorback Road the following bearings and distances: Northeasterly along a 23.50
feet radius curve to the left, thru a central angle of 34°00’59", for a distance of 13.95
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feet, said curve having a chord bearing of N 19°54’33" E, and distance of 13.75 feet; N
02°54'03" E, a distance of 417.63 feet; Thence N 02°40'22" E, a distance of 6.09 feet to
the beginning of a circular curve to the left; Northwesterly along a 35.50 feet radius
curve to the left, thru a central angle of 65°48'22", for a distance of 40.77 feet, said
curve having a chord bearing of N 30°13'49" W, and distance of 38.57 feet to the Point
of Beginning, containing 0.23 Acres more or less.
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Part of the NW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NE corner of the said NW1/4 NE1/4; Thence S 02°43'18" W along
the West line of the said NW1/4 NE1/4, a distance of 35.57 feet; Thence N 87°15'25" W,
a distance of 98.42 feet to a point lying on the Westerly right of way line of Razorback
Road and the Point of Beginning; Thence along the Westerly right of way line of
Razorback Road the following bearings and distances: S 02°43'04" W, a distance of
16.99 feet; S 87°16'56" E, a distance of 23.00 feet; S 48°06'31" E, a distance of 34.83
feet; S 02°59'34" E, a distance of 40.20 feet; S 02°43'04" W, a distance of 83.09 feet; S
32°43'04" W, a distance of 22.48 feet; S 55°46'02" E, a distance of 8.49 feet; S
02°43'04" W, a distance of 58.00 feet; N 87°16'56" W, a distance of 15.00 feet; S
02°43'04" W, a distance of 20.00 feet; S 22°17'57" E, a distance of 33.11 feet; S
08°25'42" W, a distance of 60.30 feet; S 02°43'04" W, a distance of 164.00 feet; S
62°53'17" W, a distance of 23.05 feet; S 02°43'04" W, a distance of 26.97 feet; N
87°16'56" W, a distance of 49.00 feet; S 02°43'04" W, a distance of 20.56 feet; S
87°16'56" E, a distance of 64.00 feet; S 02°43'04" W, a distance of 52.51 feet; S
87°08’22" E, a distance of 26.12 feet; S 02°46'31" W, a distance of 668.51 feet; Thence
S 87°12'53" E, a distance of 3.08 feet to the Westerly back of curb line of Razorback
Road and the beginning of a circular curve to the left; Thence along the Westerly back
of curb line of said Razorback Road the following bearings and distances: Northeasterly
along a 32.50 feet radius curve to the left, thru a central angle of 63°06'05", for a
distance of 35.79 feet, said curve having a chord bearing of N 34°13'24" E, and distance
of 34.01 feet; N 02°40'22" E, a distance of 507.98 feet; N 02°58'57" E, a distance of
647.83 feet; N 02°58'57" E, a distance of 88.90 feet to the beginning of a circular curve
to the left; Northwesterly along a 30.00 feet radius curve to the left, thru a central angle
of 90°09'00", for a distance of 47.20 feet, said curve having a chord bearing of N
42°05'33" W, and distance of 42.48 feet; N 87°10'03" W, a distance of 57.37 feet;
Thence S 02°43'04" W, a distance of 5.88 feet to the Point of Beginning, containing 0.97
Acres more or less.
17
Part of the NW/4 NE1/4 of Section 17 and part of the SW1/4 SE1/4 of Section 8, all in
Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas,
being more particularly described as follows:
18
18
Beginning at a point that lies N 80°19'52" W, a distance of 83.78 feet from the SE corner
of the SW1/4 SE1/4 of said Section, said point lying on the Northerly right of way line of
West Maple Street and the Point of Beginning; Thence N 63°02'21" E along the
Northerly right of way line of said West Maple Street, a distance of 57.24 feet; Thence S
87°16'56" E along the Northerly right of way line of said West Maple Street, a distance
of 17.73 feet to the Westerly back of curb line of Razorback Road; Thence S 02°48'54"
W along the Westerly back of curb line of said Razorback Road, a distance of 13.28 feet
to the beginning of a circular curve to the right; Thence Southwesterly along the
Northerly back of curb line of said West Maple Street along a 30.00 feet radius curve to
the right, thru a central angle of 90°01'03", for a distance of 47.13 feet, said curve
having a chord bearing of S 47°49'25" W, and distance of 42.43 feet; Thence N
87°10'03" W along the Northerly right of way line of said West Maple Street, a distance
of 37.41 feet; Thence N 02°49'57" E, a distance of 14.81 feet to the Point of Beginning,
containing 0.05 Acres more or less.
Part of the SE1/4 SE1/4 of Section 8, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the SW corner of said SE1/4 SE1/4; Thence N 29°38'05" E, a distance
of 51.01 feet to a point lying on the Easterly right of way line of Razorback Road and the
Point of Beginning; Thence N 02°19'02" E along the Easterly right of way of said
Razorback Road, a distance of 1214.34 feet to the intersection of the Easterly right of
way of said Razorback Road and the Southerly right of way line of Cleveland Street;
Thence N 87°09'15" W along the Southerly right of way line of said Cleveland Street, a
distance of 5.66 feet to the Easterly proposed back of curb line of Razorback Road;
Thence along the Easterly proposed back of curb line of said Razorback Road the
following bearings and distances: Southwesterly along a 29.53 feet radius curve to the
left, thru a central angle of 31°36'29", for a distance of 16.29 feet, said curve having a
chord bearing of S 19°23'53" W, and distance of 16.08 feet; S 02°52'26" W, a distance
of 171.46 feet; S 05°36'04" E, a distance of 51.06 feet to the Easterly back of curb line
of said Razorback Road; Thence along the Easterly back of curb line of said Razorback
Road the following bearings and distances: S 02°23'22" W, a distance of 497.62 feet; S
02°37'37" W, a distance of 479.33 feet; Thence S 87°16'56" E, a distance of 8.23 feet to
the Point of Beginning, containing 0.19 Acres more or less.
ROW Dedication Description
Part of the NE/4 NE1/4 and part of the SE1/4 NE1/4, and part of the SW1/4 NE1/4 and
part of the NE1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
19
Commencing at the NW of the said NE1/4 NE1/4; Thence S 02°43'18" W along the
West line of said NE1/4 NE1/4, a distance of 309.18 feet; Thence S 87°16'42" E, a
distance of 23.76 feet to a point lying on the Easterly right of way line of Razorback
Road and the Easterly back of curb line of said Razorback Road and the Point of
Beginning; Thence along the Easterly back of curb line of said Razorback Road the
following bearings and distances: S 02°58'57" W, a distance of 487.50 feet; S 02°40'22"
W, a distance of 608.01 feet; S 02°54'03" W, a distance of 436.29 feet; S 03°01'17" W,
a distance of 198.13 feet; S 01°25'06" W, a distance of 214.48 feet; S 02°43'04" W, a
distance of 95.61; Thence Southeasterly along the Northerly back of curb line of
Meadow Street along a 30.00 feet radius curve to the left, thru a central angle of
89°30'25", for a distance of 46.87 feet, said curve having a chord bearing of S 42°02'08"
E, and distance of 42.24 feet; Thence S 01°46'07" W, a distance of 31.18 feet to the
Southerly back of curb line of said Meadow Street and the beginning of a circular curb
to the left; Thence along the Easterly back of curb line of said Razorback Road the
following bearings and distances: Southwesterly along a 30.00 feet radius curve to the
left, thru a central angle of 90°29'35", for a distance of 47.38 feet, said curve having a
chord bearing of S 47°57'52" W, and distance of 42.61 feet; S 02°43'04" W, a distance
of 88.40 feet; S 03°03'35" W, a distance of 200.01 feet; S 02°54'25" W, a distance of
322.05 feet; Thence N 88°04'02" W, a distance of 17.94 feet; Thence N 02°32'00" E, a
distance of 401.68 feet to the SW corner of the aforesaid SE1/4 NE1/4; Thence N
02°35'17" E along the West line of the said SE1/4 NE1/4, a distance of 124.57 feet;
Thence N 86°38'48" W, a distance of 37.23 feet to the Westerly back of curb line of said
Razorback Road; Thence N 02°43'04" E along the Westerly back of curb line of said
Razorback Road, a distance of 85.06 feet; Thence Northwesterly along the Westerly
back of curb line of said Razorback Road along a 30.00 feet radius curve to the left, thru
a central angle of 26°45'00", for a distance of 14.01 feet, said curve having a chord
bearing of N 10°39'26" W, and distance of 13.88 feet; Thence N 02°32'00" E, a distance
of 34.66 feet; Thence S 86°40'45" E, a distance of 40.25 feet to the West line of the said
SE1/4 NE1/4; Thence N 02°35'17" E along the West line of the said SE1/4 NE1/4, a
distance of 1056.85 feet to the SW corner of the NE1/4 NE1/4; Thence N 02°43'18" E
along the West line of the said NE1/4 NE1/4, a distance of 769.53 feet; Thence S
87°08'22" E, a distance of 5.84 feet; Thence N 02°46'31" E, a distance of 243.50 feet to
a point lying on the Easterly right of way line of said Razorback Road; Thence N
57°28'29" E along the Easterly right of way line of said Razorback Road, a distance of
21.67 feet to the Point of Beginning, containing 1.43 Acres more or less.
20
CITY COUNCIL MEMO
2022-262
MEETING OF JANUARY 3, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
DATE: December 15, 2022
SUBJECT: VAC 22-024 (RAZORBACK RD, MAPLE ST., ETC.):
RECOMMENDATION:
BACKGROUND:
The subject property includes 6.54 acres of right-of-way spread along portions of seven public streets adjacent
to University of Arkansas Property (see attached survey). Most prominently, the right-of-way includes:
Arts District: Three separate areas of right-of-way behind street curbs on the north, west, and east borders
of the new Arts District, along W. Martin Luther King Jr. Boulevard, S. Hill Avenue, and S. LT. Col. Leroy Pond
Avenue.
Former Highway 112: Multiple areas of right-of-way behind the curb along both the east and west sides of
Razorback Road, north and south sides of W. Maple Street, and east and west sides of Garland Avenue.
Cleveland Street: Two areas of right-of-way along the south side of W. Cleveland Street, between N. Lindell
Avenue to the east and N. Razorback Road to the west.
Given the large number of properties associated with the right-of-way, adjacent zoning district information is
not provided. All properties adjacent to the request are owned by the University of Arkansas with uses varying
from parking and athletic facilities to housing and classrooms. A similar proposal was heard by the Planning
Commission in late 2021, but was tabled indefinitely at the applicant’s request to allow time to coordinate with
the City Attorney’s office. The applicant is bringing back a new request, with an additional portion of right-of-
way for consideration.
Proposal: The applicant proposes to vacate 18 separate pieces of public right of way totaling 6.54 acres along
seven streets. In turn, a dedication of right-of-way totaling 1.43 acres is proposed along Razorback Road and
between W. Nolan Richardson Drive to the south and W. Maple Street to the north. With this request, the
applicant noted in their letter that existing utilities will be protected through easement dedication. Additionally,
the applicant asserts that vacating the right-of-way will remove current and future sections of Senior Walk,
landscaping, lights, and trees from the City’s responsibility.
DISCUSSION:
At the December 12, 2022 Planning Commission meeting, Commissioners voted to forward the item to City
Council with a recommendation of approval, with a vote of 8-0-0. Commissioner Garlock made the motion, and
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
21
Commissioner Winston seconded. Finding that the conditions of approval covered previous concerns about
pedestrian access and maintenance, Commissioners found the request to vacate the right-of-way to be
acceptable. No public comment was offered on the item.
City staff and Planning Commission recommend approval of VAC-2022-0024 as shown in the attached
Exhibits 'A' and 'B', and with the following conditions of approval:
1. Easements shall be dedicated for any existing facilities associated with this right-of-way vacation request,
with review and coordination by the applicant with the utility provider, including the client properly identifying
utilities in the field by means of surveying, pot holing, and coordinating with representatives.
2. Adequate accommodation for pedestrian access must be maintained whether through easement or
agreement.
3. The applicant must dedicate right-of-way to the back of curb in any areas where right of way does not
currently exist
4. The applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master
street plan right of way in areas where sidewalk does not currently exist.
5. Signal poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the
areas where poles and appurtenances are located.
6. Drainage easements must be dedicated in areas of existing drainage facilities.
7. An agreement will need to be developed establishing responsibility ( or lack thereof) for repairs to non-
typical features behind the curb due to maintenance, installation, and repair of any city facilities located within
vacated rights of way, including drainage facilities and water/sewer lines. The City will not be responsible for
maintenance or repair of anything except a standard sidewalk.
8. Any damage or relocation of existing facilities will be at the property owner/developer’s expense.
9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and
signed by the Mayor.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Applicant Request Letter, Petition to vacate, Survey, Planning
Commission Staff Report, VAC -22-024 RAZORBACK-MAPLE-GARLAND-CLEVELAND-HILL -RIGHT OF
WAY
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
22
113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Ordinance: 6640
File Number: 2022-262
VAC 22-024 (RAZORBACK RD, MAPLE ST., ETC.):
AN ORDINANCE TO APPROVE VAC 22-024 FOR PROPERTY LOCATED ALONG RAZORBACK ROAD,
MAPLE STREET, GARLAND AVENUE, CLEVELAND STREET, HILL AVENUE, MARTIN LUTHER KING
JUNIOR BOULEVARD AND LT. COLONEL LEROY POND AVENUE IN WARDS 1 AND 2 TO VACATE
PORTIONS OF STREET RIGHTS-OF-WAY
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof
which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portions of street rights-of-way is not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of street rights-of-
way as described in Exhibit B attached to the Planning Department’ s memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the
Planning Department’ s memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Easements shall be dedicated for any existing facilities associated with this right-of-way vacation request, with
review and coordination by the applicant with the utility provider, including properly identifying utilities in the
field by means of surveying, pot holing, and coordinating with representatives.
2. Adequate accommodation for pedestrian access must be maintained whether through easement or agreement.
3. The applicant must dedicate right-of-way to the back of curb in any areas where right of way does not
currently exist.
4. The applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master street plan
right of way in areas where sidewalk does not currently exist.
5. Signal poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the areas
where poles and appurtenances are located.
6. Drainage easements must be dedicated in areas of existing drainage facilities.
7. An agreement will need to be developed establishing responsibility for repairs to non-typical features behind
Page 1
23
Ordinance: 6640
File Number: 2022-262
the curb due to maintenance, installation, and repair of any city facilities located within vacated rights of way,
including drainage facilities and water/ sewer lines. The City will not be responsible for maintenance or repair
of anything except a standard sidewalk.
8. Any damage to or relocation of existing facilities will be at the property owner/ developer’ s expense.
9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and signed
by the Mayor.
PASSED and APPROVED on February 7, 2023
Approved: Attest:
Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer
Page 2
24
EXHIBIT 'A' | VAC-2022-0024
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25
LIST OF EXHIBITS
The attached maps and legal descriptions identify the boundary areas for which the
University and the City agree are subject to this MOA. This list may be changed or amended
by mutual agreement of the parties to maintain the accuracy of the agreement.
1) SOUTH RAZORBACK ROAD
a) RAZORBACK ROAD -Martin Luther King Blvd to Maple Street
2) MAPLE HILL BLOCK
a) RAZORBACK ROAD -Maple Street to Cleveland Ave
b) CLEVELAND AVE -Razorback Road to Lindell Ave
c) MAPLE STREET -Razorback Road to Garland Ave
d) GARLAND AVE -Maple Street to Cleveland Ave
3) ART AND DESIGN DISTRICT
a) MARTIN LUTHER KING, JR. BLVD – Hill Ave to LeRoy Pond Dr
b) HILL AVE –Martin Luther King Jr. Blvd to South Property Boundary
c) LEROY POND DR. – Martin Luther King Jr. Blvd to South Property
Boundary
The University and the City anticipate that this list will be amended in the future to add the
following:
x UREC TENNIS PARK / BAUM STADIUM
a) RAZORBACK ROAD-Martin Luther King Blvd to 15th Street
x NORTH GARLAND AVE
a) GARLAND AVE -Cleveland Ave to North Street / Wedington Dr
26
EXHIBIT 1
SOUTH RAZORBACK ROAD
RAZORBACK ROAD -Martin Luther King Blvd to Maple Street
27
C
CON
W HOTZ DR
ROW VACATION # 14
P.O.B.
MATCH LINE MATCH LINE
BRUC6X6DRADNSTA
TLAHASP
ATTVAULT
ROW VACATION # 14
PROPOSED CURB LINE
PAVERS
ELECTRICCONC. &BOX
PAVERS
ST ASPHALT MEADOWSTMEADOW
ELECTRICBOX
TELEPHONEVAULT
TRANSFORMER
K
CO
L
CNISLAMIC CENTER WA
OF
NORTHWEST ARKANSAS LK
CO
AWNC
SOUTHWEST CORNER
C OF THE SE14CON NE14SECTION17, T16N, R30WW CENTER ST
N SIG
CONC.
ROW VACATION #13
TLA
ASP.O.B. PH
K
CON
LAWC
PROPOSED CURB LINE
CURBCUT
TLAH
ASP
T HAL
ASP
TRANSFORMER KLAWELEC. CPED CON
CONC.PAD
ELEC.IRRCNTRL.
PED
IRR
C ASPHALT CON ROW VACATION # 10
CONC.WALK
P.O.B.
ROW VACATION # 13 ROW VACATION # 10
CONC
WALK
ASPHALT
ASPHALT CONC
GASPIPEMARKER
NOLAN RICHARDSON DR
ASPHALT NOLAN RICHARDSON DR
ROW VACATION # 12
ROW VACATION # 11
P.O. B. P.O.B.
ASPHALT
ROW VACATION # 11
ROW VACATION # 12 NORTHWEST CORNER
OF THE SE14SE14SECTION17, T16N, R30W
BUS PULL OFF AREA
INCLUDED IN ROW
VACATION AREA
ROW Dedication Area
ASP
HALT
MITCHELL STREET
LK
CO NCWA
LK
CO NCWA
ALT
ASPH
LK
CO NC WA
CON
C
ROW Vacation Area
AS PHALT
GRASS
LK
CO NC WA
LK
CO NC WA
CO NC
Upon approval and acceptance of the ROW Vacation and Dedication areas shown hereon, the ROW limits will be:
From back of curb to back of curb for the following areas:
ASPHALT
ASP
HALT
x Razorback Road from MLK JR BLVD to Maple Street
Note: East side of Razorback Rd ROW Vacation area also includes the buss pull off area north of Mitchell St
Note: West side of Razorback Rd, South of Hotz Dr and north of ADSB adjusted ROW is shown hereon to be
along the proposed back of curb.
Note: The ROW along the west side of Razorback Rd, along the Islamic Center of Northwest Arkansas, north
of Center St is not a part of this and is to remain unchanged.
x North and South sides of Maple St from Razorback Rd to Garland Avenue.
x East and west sides of Garland Avenue from Maple St to Clevland St.
Note: East side of Maple St ROW Vacation area also includes the Bus pull off area between Douglas St &
Clevland St.
Along the North edge of the sidewalk for the following area:
x South side of Clevland St from Garland Avenue to Razorback Rd.
28
SOUTHWEST CORNER
OF THE SE14SE14SECTION17, T16N, R30W
EXHIBIT 2
MAPLE HILL BLOCK
RAZORBACK ROAD -Maple Street to Cleveland Ave
CLEVELAND AVE -Razorback Road to Lindell Ave
MAPLE STREET -Razorback Road to Garland Ave
GARLAND AVE -Maple Street to Cleveland Ave
29
ATTVAULT
BIKE
WW
AS AS
T TLLA AH HP P
CONCWALK CONC
VAULT
CONC
WATER GRAVEL
CONCWALK
CONCRETEWALK ASPHALTCONCWALK
ASPHALT CONCWALK
CONC CONC
CONCWALK
ASPHALT
CONC
ASPHALT
ASPHALT
ASPHALT
CONCWALK
ASPHALT
T
HAL ASPHALT
ASP
ROW VACATION # 7
ASPHALT
P.O. B.
V
W
I KROW VACATION # 5 D
E
R LA
N CO
AS
LT COA
WW
ROW VACATION # 5 P.O.B.
PH
C NC
W
RACKEMER. BIKECALLBOX CALLBOXRACKEMER.
W
CONC WALK
STEPSSTEPSUPUP
CONC WALK
STEPSSTEPSDOWNDOWN
G
AS
C/O CONCCONC
TLAHP
C/OW
OC/W
C/O
3STEPS
C/O
BUS PULL OFF AREA
INCLUDED IN ROW
VACATION AREA
WG
C/O
3STEPS
ALKWC
CON
ROW VACATION # 7
K
CO
WAL W CN
CONC
C/O STEPSUP
CONC
E C/O
NR C/O
C/O
ALK C/O
T W
E K
CON
LCA
CONC
WCO C
WALK
C/O
K
A
LAWC K
CO
LCON W CN
C/O
CONC
BIKERACK C/O CONC LANDSCAPEWALK C/O 2STEPS
CONCWALK
W DOUGLAS ST
AREA
CAPE
LANDSROW VACATION #18
E RETC LL
ETE
CON A
CONCR
HMPARLANDSCAPELAREA
AL
RT
FU
CONCRETE
TOPTUNNEL
W
ROW VACATION # 6
L
B
LA H
MROW VACATION # 18 E
O CL
P.O. B. HO
ASPHALT
WANORTHWEST CORNER R
LK
TEEROW VACATION # 17 CONC
OF THE NE14
ROW VACATION # 17 NE14SECTION17, T16N, R30W ROW VACATION # 5
P.O. B.
STONES
CONC.
K
COBBLESTONE
LANDSCAPE WAL 3STEPS
CONCRETE
CONCTPAVERS
EDGEOF A K C
CO
LASPHALBLDG.CANOPY W
E L
C CONCCON CONCN 3STEPS WALKAERAL
P
LAND
A A
V
CCONC. S H A
C
EBENCH SWALK I RCA CON E
H PAVE DARS A SCAP
E
BEN PELANDSCAPEC/O DSC CONC. D RACKBIKE
PAV
SSTONES LAN R LANE
LANDSCAPE CONC. 5'
T LANDSCAPE
LANDSCAPE 2.WAL
PAVS E AREAR R CONC
Y BRIL
E C WALKK
ONL LANDSCAPE
CON C 4STEPS
AREA
PAVE
BRICKPAVERS
Y METALHATCH
ONL 2.BRICK5'WALL
CONC. TUNNELTUNNELHATCH
RSCONC
UTILITIESWALK
S ONL
ELECTRICBOX
YROW VACATION #9
BOX
ONLY ROW VACATION # 6PAVER CONC.WALKTRAFFIC
CONC. METALHATCH( P. O.B.
TYP.)
C/O CONC.
STORMPAVERS DRAINGRATE INLETTOP1399.ELEV.=74FL1398.39ELEV.= ROW VACATION # 16 Y ONLY O SECTION CORNERPN
STORMDRAINGRATEP.O.B. CA
ONLYINLETTOP1399.ELEV.= STONE61FL1397.34ELEV.= S8, S9, S16, S17
CONC.
R T16N, R30WYPO
CAN DC ADMINBUILDING CON
Y M
P
CAN ROW VACATION # 8OU
I
D ROW VACATION # 8 P.O.B.
A
ST
ONLY
ONLY
ROW VACATION # 9
P.O. B.
ROW DEDICATION
P.O. B.
Upon approval and acceptance of the ROW Vacation and Dedication areas shown hereon, the ROW limits will be:
X
From back of curb to back of curb for the following areas:
x Razorback Road from MLK JR BLVD to Maple Street
Note: East side of Razorback Rd ROW Vacation area also includes the buss pull off area north of Mitchell St
Note: West side of Razorback Rd, South of Hotz Dr and north of ADSB adjusted ROW is shown hereon to be
along the proposed back of curb.
Note: The ROW along the west side of Razorback Rd, along the Islamic Center of Northwest Arkansas, north
X of Center St is not a part of this and is to remain unchanged.
North and South sides of Maple St from Razorback Rd to Garland Avenue.
x East and west sides of Garland Avenue from Maple St to Clevland St.
ROW VACATION # 16 x
Note: East side of Maple St ROW Vacation area also includes the Bus pull off area between Douglas St &
Clevland St.
Along the North edge of the sidewalk for the following area:
x South side of Clevland St from Garland Avenue to Razorback Rd.
ROW Dedication Area
X
C
CONTLAHASP
X
ROW DEDICATIONX
QUAZITEBOXQUAZITE
W MARKHAM RD
SOUTHWEST CORNER ROW Vacation Area
OF THE NE14NE14SECTION17, T16N, R30W
ROW VACATION # 15
P.O. B.
ROW VACATION # 15
C/O
C CON
W HOTZ DR
ROW VACATION # 14
P.O.B.
MATCH LINE MATCH LINE 30
BRUC6X6DRADNSTA
TLAHASP
EXHIBIT 3
ART AND DESIGN DISTRICT
MARTIN LUTHER KING, JR. BLVD – Hill Ave to LeRoy Pond Dr
HILL AVE – Martin Luther King Jr. Blvd to South Property Boundary
LEROY POND DR. – Martin Luther King Jr. Blvd to South Property Boundary
31
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t
a
c
a
V
W
RO
a
e
r
A
n
oN
O
B
O
I
T
A
C
A
V
W
RO P.
T
A
C
A
V
W
1
X
CI
R
T
C
E
N
O
I
RO
P.
B
O
1
2
N
O
I
T
A
C
A
V
W
N
O
I
T
A
C
A
V
W
RO P. RO
12402 2005-NO. EASEMENT UTILITY EL BODOC. 10'
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NW NE SE T1 32
DWG Map.Coord CITY UA-Survey\ 179\ 19-2019 \G:\
4
pecorded:
GooKind. ODINANCE RgI 02/
1]/2023 at 10:30: 20 An Fee Pmi: $
85. 00 Page 1 of 15 Maehlnatoo court,
All KyleSVIvesTerClrcuItclerkFI le -
Mountain Street Fayetteville, AR2023-00003981 113 West 72701 ARCHIVED 479)
8323 Ordinance: 6640 575-
File Number:
2022-262 VAC 22-
024 (RAZORBACK RD, MAPLE ST.,ETC.)AN ORDINANCE
TO APPROVE VAC 22-024 FOR PROPERTY LOCATED ALONG RAZORBACK ROAD, MAPLE STREET,
GARLAND AVENUE, CLEVELAND STREET, HILL AVENUE, MARTIN LUTHER KING JUNIOR BOULEVARD
AND LT.COLONEL LEROY POND AVENUE IN WARDS 1 AND 2 TO VACATE PORTIONS OF
STREET RIGHTS -OF -WAY WHEREAS, the
City Council has the authority under A.C.A. §14-54-104 to vacate public grounds or portions thereof which are
not required for corporate purposes; and WHEREAS, the
City Council has determined that the following described portions of street rights -of -way is not required for
corporate purposes. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section
1:
That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of street rights -of -way as
described in Exhibit B attached to the Planning Department's memo. Section 2:
A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department'
s memo shall be filed in the office of the Washington County Circuit Clerk.Section 3:
This vacatidn approval is subject to the following conditions 1.Easements
shall be dedicated for any existing facilities associated with this right-of-way vacation request, with review and
coordination by the applicant with the utility provider, including properly identifying utilities in the field by
means of surveying, pot holing, and coordinating with representatives. 2.Adequate
accommodation for pedestrian access must be maintained whether through easement or agreement. 3.The
applicant must dedicate right-of-way to the back of curb in any areas where right of way does not currently exist.
4.The
applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master street plan right of
way in areas where sidewalk does not currently exist. 5.Signal
poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the areas where poles
and appurtenances are located. 6.Drainage
easements must be dedicated in areas of existing drainage facilities. 7.An
agreement will need to be developed establishing responsibility for repairs to non -typical features behind Page 1
Ordinance: 6640
File Number: 2022-262
the curb due to maintenance, installation, and repair of any city facilities located within vacated rights of way,
including drainage facilities and water/ sewer lines. The City will not be responsible for maintenance or repair
of anything except a standard sidewalk.
8. Any damage to or relocation of existing facilities will be at the property owner/ developer' s expense.
9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and signed
by the Mayor.
PASSED and APPROVED on February 7, 2023
Attest:
C 1 T r G.
Kara Paxton, City CE rk Treasur r ; 4k • :
j/ • cn
Ir
Page 2
CITY COUNCIL MEMO
2026-2150
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
FROM: Chris Brown, Public Works Director
SUBJECT: A Resolution approving an amendment to the real estate purchase contract with
Reindl Properties for the sale of an additional 477sf of land for $24,665
RECOMMENDATION:
Staff recommends approval of a resolution authorizing the sale of approximately 477 sf of land to Reindl
Properties for $24,665.00 and approval of a budget amendment. The sale price is $51.71 per square foot and
is based on the appraised values of the original property sale.
BACKGROUND:
Schematic design for the Ramble Civic Plaza, a 2019 voter approved downtown revitalization project, focused
on the West Avenue civic space. The vision for the civic space was completed in January 2019, following a
series of public design charettes. The design chosen by participants who engaged in the process consists of
a gathering and event lawn, public plaza, garden spaces, and a civic promenade, with two buildings bordering
the site on the north and south ends, as bookends of the plaza. The southern building will be integral to the
site, as a backdrop for what will become a stage and performance area for the plaza. Additionally, the building
will provide public restrooms accessible from the Razorback Greenway and Civic Plaza storage space within
the ground floor.
A Request for Proposals (RFP) process solicited competitive development proposals for a public private
partnership to build the southern anchor building on the West Avenue Civic Plaza. The RFP asked for an
approximately 14,300 square foot building footprint with a height limit of seven stories and three primary
facades. Additionally, the city requested that the building be constructed of high-quality and lasting materials
that are complimentary to the overall aesthetic of the site and the emergent Arts and Entertainment District.
The RFP, issued in August 2021, was advertised on several platforms, including on the Costar website which
provides market-leading research on commercial real estate properties in nearly all markets and sub-markets.
The RFP was downloaded by over 100 interested parties. A non-mandatory pre-proposal conference held in
September, 2021 was attended by over 30 participants.
On October 26, 2021, the City of Fayetteville accepted proposals for the southern anchor building on the Civic
Plaza. One proposal was received from Reindl Properties that included a project team with a passion for high-
quality construction, human-scaled design, craftsmanship, efficiency, and love of community.
On October of 2022, Council passed Resolution 256-22 Authorizing the Mayor to Sign the Letter of Intent
Defining Development Agreement terms with Reindl Properties Inc., for a Public Private Partnership for
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
Construction of the Mixed-Use building at the Ramble Civic Plaza.
In November of 2023, the Council passed Resolution 251-23 approving the sale of approximately 0.5 acres of
property for $1,247,455, a per square foot price of $51.71.
DISCUSSION:
During the permitting process for the hotel, the development team discovered that an additional stair egress
was required to meet the fire code. The installation of this stair egress at the northwest corner of the building
required a small amount of additional land. This land is not needed for city purposes and staff recommends
that the land be sold at the price per square foot agreed upon for the original property sale.
BUDGET/STAFF IMPACT:
Revenue from this sale will be placed into the Arts Corridor (Project No. 46080.7800). Net proceeds from this
real estate contract will be applied to remaining obligations in the land sale contract.
ATTACHMENTS: 3. Staff Review Form, 4. Budget Amendment, 5. Exhibit A -Map, 6. Reindl Properties Offer
Letter, 7. B2400286-South Civic Plaza PLA -For Review-04302026, 8. Resolution 251-23 (Summary)
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2150
A RESOLUTION PURSUANT TO § 34.27(E) SALE OF MUNICIPALLY OWNED REAL
PROPERTY OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO
SELL APPROXIMATELY 477 SQUARE FEET OF PROPERTY IN THE SOUTH END OF
THE RAMBLE CIVIC PLAZA TO REINDL PROPERTIES, INC. FOR THE AMOUNT OF
24,665.00, AND TO APPROVE A BUDGET AMENDMENT
WHEREAS, on August 29, 2021, the City issued a request for proposals to solicit innovative building
proposals for the southern anchor building on the Civic Plaza; and
WHEREAS, on November 1, 2022, the City Council approved Resolution 256-22 authorizing a Letter
of Intent with Reindl Properties, Inc. for a Public Private Partnership for Construction of the Mixed-Use
building at the Ramble Civic Plaza; and
WHEREAS, on November 7, 2023, the City Council approved Resolution 251-23 approving the sale of
approximately 0.5 acres of property for $1,247,455.00; and
WHEREAS, during the permitting process for the hotel, the development team discovered that an
additional stair egress was required to meet the fire code which requires a small amount of additional
land; and
WHEREAS, staff has reviewed the proposal and recommends that the City Council approve the sale of
this property as it is not needed for municipal purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to
sell approximately 477 square feet of city property in the south end of the Ramble Civic Plaza, as shown
in the map attached to this Resolution as Exhibit A, to Reindl Properties, Inc. for the amount of
24,665.00 pursuant to § 34.27(E) Sale of Municipally Owned Real Property of the Fayetteville City
Code, and further authorizes the Mayor to execute a real estate purchase agreement and any closing
documents necessary to effectuate the sale.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
amendment, a copy of which is attached to this Resolution.
Page 1
City of Fayetteville Staff Review Form
2026-2150
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Chris Brown 6/ 18/ 2026 ENGINEERING ( 621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a resolution authorizing the sale of approximately 477 sf of land to Reindl Properties
for $24,665.00, and approval of a budget amendment. The sale price is $51.71 per square foot and is based on the
appraised values of the original property sale.
Budget Impact:
4479. 001. 9470- 4881. 02 Sales Tax Capital Improvement
Account Number Fund
46080. 7800 Arts Corridor
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 1,373, 468. 00
Expenses ( Actual+ Encum)$ 773, 993. 91
Available Budget $ 599, 474. 09
Does item have a direct cost? No Item Cost $-
Is a Budget Amendment attached? Yes Budget Amendment $ 24,665. 00
151.00 Remaining Budget $ 624, 139. 09
Purchase Order Number: Previous Ordinance or Resolution # 251-23
Change Order Number: Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas -Budget Amendment/ Adjustment
Agenda)
Budget Year Division BA Number
Org2
ENGINEERING ( 621)
2026
Requestor: Sara Combs
BUDGET AMENDMENT/ ADJUSTMENT DESCRIPTION:
Staff recommends approval of a resolution authorizing the sale of approximately 477 sf of land to Reindl Properties for
24,665.00, based on the appraised values of the original property sale. The sale price is $51.71 per square foot.
COUNCIL DATE: 7/ 7/ 2026
ITEM ID#: 2026-2150
Holly Black
6/ 18/ 2026 3:42 PM
Budget Division Date
D - (City Council)
TYPE:
JOURNAL #:
GLDATE:
RESOLUTION/ ORDINANCE CHKD/ POSTED:/
v.665 24,665
Increase / ( Decrease) Project. Sub#
Account Number Expense Revenue Project Sub. Detl AT Account
2026611TOTAL24,
NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION
4470. 001. 9470-4881. 02 -24, 665 46080 7800 RE Gain/ Loss -Sale of Assets
4470. 140. 8900-5804. 00 24, 665 -46080 7800 EX Building Costs
1 of 1
X
0 0100.01 0. mi
The data contained herein was compiled from various sources for the sole
use and benefit of the City of Fayetteville Geographic Information System
and the public agencies it serves. Any use of the data by anyone other than
the City of Fayetteville is at the sole risk of the user; and by acceptance of
this data, the user does hereby agree to indemnify the City of Fayetteville
and hold the City of Fayetteville harmless from and without liability for any
claims, actions, cost for damages of any nature, including the city' s cost of
defense, asserted by user or by another arising from the use of this data.
The City of Fayetteville makes no express or implied warrantees with
reference to the data. No word, phrase, or clause found herein shall be
construed to waive that tort immunity set forth under Arkansas law.
Exhibit A
Fayetteville, AR
Created: 5/8/2026
Credits: 2025 Imagery | EagleView Technologies | Surdex Corporation, City
of Fayetteville, AR
Map Author:
Ar
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7
6
5
0
1
7
4
5
0
0
0
Ex. 15' Utility Easement
Plat 2019-0000587
Ex. 20' Utility Easement
Ordinance No. 1513
Book 689, Page 242-245
W Spring Street
50' Right-of-Way)
W. Dickson Street
55' Public Right-of-Way)
M.S.P. - Downtown/Urban]
N.
W
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A
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E
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4
0
P
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a
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Ex. 17' Trail Easement
Document No. 201200026010
S86°59'31"E 164.75'
S0
3
0
0
2
9
W
42
6
8
N87°04'59"W 78.00'
S3
0
30
16
W
133
68
S87°01'52"E 69.42'
N0
3
3
6
5
1
E
34
0
0
S87°01'29"E 46.04'
N87°05'11"W 236.89'
N2
7
58
11
E
55
25
Tract B-5
35,362 Sq. Ft.±
0.812 Acres±
Tract D-2
41,889 Sq. Ft.±
0.962 Acres±
NOT A PART)
Parcel No. 765-01745-003
Owner: Dickson & West Investment LLCTractA - Property Line Adjustmen t
File: 2021-44210
NOT A PART)
Parcel No. 765-01740-000
Owner: City of Fayetteville
CV89, Page 861
NOT A PART)
Parcel No. 765-01742-000
765-01743-002
Owner: City of Fayetteville
Book 1340, Page 810,
Tract C, South Civic Plaza
Property Line Adjustment
File: 2023-32872
Parcel No. 765-01744-000
Owner: City of Fayetteville
CV89, Page 861
Set 1" Brass Mon
Stamped "PS 1507"
Set 1" Brass Mon
Stamped "PS 1507"N: 637843.38
E: 672359.90
Set 1" Brass Mon
Stamped "PS 1507"
Set 1/2" Rebar
w/ PS 1507 Cap
N: 637440.55
E: 672300. 16
Set 1" Brass Mon
Stamped "PS 1507"
POB: Tract D-2
Set Mag Nail
w/ 1507 Washer Set Mag Nail
w/ 1507 Washer
Set 1/2" Rebar
w/ PS 1507 Cap
Set 1/2" Rebar
w/ PS 1507 Cap
POB: Tract B-5
Set 1" Brass Mon
Stamped "PS 1507"
N: 637853. 50
E: 672160.28
5'
POC:
NW Corner SW1/4 NE1/4,
Section 16, T-16-N, R-30-W
as shown on Plat File 2023-0032872
S0
2
3
3
1
8
W
10
0
0
0
N87°26'41"W 99.96'
S0
2
5
5
0
1
W
1
1
7
0
0
N0
2
4
8
4
8
E
45
0
0
N2
6
06
02
E
99
09
Ex. 35' Water/Sewer
General U.E.
Plat 2019-587
Ex. 20' Electric Easement
Plat 2019-587
Set 1/2" Rebar
w/ PS 1507 Cap
Lot/Tract Line to be removed
per this plat
Found Chiseled "X"
Found Mag Nail
in Asphalt
Found 1" Brass
Monument
GARVER LS 969"
S02°40'14"W
7.80'
S87°19'46"E
39.93'
S86°51'11"E
84.30'
17.94'
N87°09'16"W 11.63'
Lot/Tract Line to be
removed per this plat
Parcel No. 765-01743-005
Owner: 509, LLC
QCD: 2019-3988
Tract 1 - Property Line Adjustment
Survey File: 2019-00000587
27.5'
55'
20'
SEE DETAIL "A"
Zone: RPZD
Zone: MSC
Zone: MSC
Zo
n
e
M
S
C
Zo
n
e
R
P
Z
D
Zone: MSC
Zone: MSC
S6
0
0
6
2
0
E
1
1
7
1
5
30.5' MSP
ROW
30.5' MSP
ROW
ROW
ROW
ROW
ROW
ROW
RO
W
RO
W
RO
W
RO
W
RO
W
RO
W
RO
W
RO
W
30.5' MSP ROW
Existing West ROW
Line of West Avenue
ROW
30.5' MSP
ROW
Ex. 17' Trail Easement
Document No. 201200026010
C2
C3
L1
L2
L
3
S87°05'47"E
108.74'
L4
L6
L7
L8
L9
L1
0
L1
1
L12
C1
L13
L1
4
L15
L5
Parcel No. 765-01726-000
Owner: City of Fayetteville
Zone: MSC
Parcel No. 765-01736-000
Owner: City of Fayetteville
Zone: MSC
25' BTZ
5' Rear Yard
Setback
25' BTZ
Existing South ROW
Line of Dickson Street
Existing North ROW
Line of Spring Street
Parcel No. 765-01739-000
Owner: City of Fayetteville
CV89, Page 861
Parcel No. 765-01745-002
Owner: City of Fayetteville
Book 1387, Page 141
Parcel No. 765-01743-003
Owner: Reindl Properties, Inc.
Parcel No. 765-01743-004
Owner: Greater Productions, LLC
LINE TABLE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
Direction
S87°05'47"E
S04°50'42"W
S21°01'02"E
N42°26'34"E
N02°54'13"E
S87°05'47"E
S24°00'55"W
S87°04'59"E
S02°55'01"W
N60°06'20"W
S30°00'42"W
N60°10'51"W
N86°51'11"W
S02°06'00"W
S68°50'37"W
N02°03'03"W
N87°06'29"W
S02°06'27"W
N87°06'29"W
Length
8.48'
34.41'
29.90'
57.06'
17.72'
35.37'
42.49'
18.00'
22.00'
25.70'
22.58'
6.13'
4.34'
32.07'
10.49'
8.24'
17.00'
24.88'
16.83'
CURVE TABLE
C1
C2
C3
Radius
980.37'
304.25'
980.37'
Length
368.39'
148.29'
31.66'
Delta
21°31'47"
27°55'35"
1°51'01"
Chord
366.22'
146.83'
31.66'
Ch. Bearing
N14°47'51"E
S19°46'51"W
N26°29'16"E
ELECTRIC CABINET
POWER POLE
STORM MANHOLE
SIGN (AS NOTED)
WATER VALVE
WATER LINE
WOOD FENCE
CHAINLINK FENCE
CONCRETE PAVEMENT
BRICK PAVERS
FOUND MONUMENT (AS NOTED)
FIRE HYDRANT
U.E.UTILITY EASEMENT
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
BOUNDARY LINE
LOT LINE
W
SET MONUMENT (AS NOTED)
EASEMENT LINE
CENTERLINE
LIGHT POLE
S SANITARY MANHOLE
W
FOV
FO
WATER FOUNTAIN
GRATED INLET
GUY ANCHOR
FIBER OPTIC VAULT
FIBER OPTIC MARKER
D
I IRRIGATION CONTROL VALVE
EV
ER ELECTRIC RISER
ELECTRIC VAULT
L/A LANDSCAPED AREA
CORNER POINT
SECTION CORNER
PL PLANTER
WC WOODEN LOUNGE CHAIR
WB WOODEN BENCH
BP BICYCLE PARKING
CURB INLET
ELECTRIC OUTLET
UNDERGROUND GASLINEG
ROW RIGHT-OF-WAY LINE
RAILROAD TRACK
TRAFFIC SIGNAL POLE
GRAVEL
BTZ BUILD TO ZONE
Ex. 20' Utility Easement
Plat 2005-53850
Ex. 20' Utility Easement
Plat 2005-53850
Set Mag Nail
w/ PS 1507 Washer
Found 5/8" Rebar
w/ Cap "BATES LS1642"
Ex. 20' Electric Easement
Plat 2019-587
Ex. 20' U.E.
Plat 2019-587
Ex. 20' Utility Easement
Ordinance No. 1513
Book 689, Page 242-245
Ex. 20' U.E.
Plat 2019-587
N3
5
17 45
E
29.
96
L1
6
L17
L1
8
L19
project no.:
checked by:
drawn by:
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SHEET
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SBR
KAS
B24-00286
04.30.2026
2 of 4
3537 North Steele Boulevard
Suite 310
Fayetteville, AR 72703
olsson.com
TEL 479.443.3404
FAX 479.443.4340
SOUTH CIVIC PLAZA, PROPERTY LINE ADJUSTMENT
PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER,
SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
Olsson - Survey
Arkansas COA #1010
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RKANSAS E N G I N E ER
PRELIM I N A R Y
Issued F o r R e v i e w
113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Resolution: 251-23
File Number: 2023-1171
REINDL PROPERTIES, INC. ( PURCHASE CONTRACT):
A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A REAL ESTATE PURCHASE CONTRACT WITH
REINDL PROPERTIES, INC. FOR THE SALE OF APPROXIMATELY 0. 5 ACRES OF CITY PROPERTY IN THE
SOUTH END OF THE CIVIC PLAZA FOR THE AMOUNT OF $ 1, 247,455. 00
WHEREAS, in October 2022, the City Council approved Resolution 256-22 authorizing the Mayor to sign the Letter
of Intent Defining Development Agreement terms with Reindl Properties Inc. for a Public Private Partnership for
Construction of the Mixed -Use building at the Ramble Civic Plaza; and
WHEREAS, Mayor Jordan recommends that the City Council approve the terms of the sale set out in the real estate
purchase contract negotiated with Reindl Property, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a real
estate purchase contract with Reindl Properties, Inc., a copy of which is attached to this Resolution, for the land sale of
approximately 0. 5 acres in the amount of $ 1, 247, 455. 00, and further authorizes the Mayor to execute all closing and
other documents necessary to effectuate the sale.
PASSED and APPROVED on November 7, 2023
Attest:
1:AYE i i;`, ,
i40''
r'. 1'
Page 1
I
CITY OF
CITY COUNCIL MEMO
FAYETTEVILLE
ARKANSAS 2023-1171
MEETING OF NOVEMBER 7, 2023
TO: Mayor Jordan and City Council
THRU: Paul Becker, Chief Financial Officer
FROM: Construction DirWaylon Abernathy, Bond Projects &
DATE:
SUBJECT: Resolution authorizing a Real Estate Purchase Contract with Reindl Properties, Inc.
for the Construction of a mixed -use building on the Ramble/ Cultural Arts Corridor
Civic Plaza
RECOMMENDATION:
Staff recommends approval of a resolution authorizing the mayor to sign the Real Estate Purchase Contract
that includes terms of the development agreement with Reindl Properties, Inc., for the land sale of
approximately .5 acres in the amount of $1,247,455.00 and authorize the mayor to execute all closing
documents.
BACKGROUND:
Schematic design for the Ramble Civic Plaza, a 2019 voter approved downtown revitalization project, focused
on the West Avenue civic space. The vision for the civic space was completed in January 2019, following a
series of public design charettes. The design chosen by participants who engaged in the process consists of a
gathering and event lawn, public plaza, garden spaces, and a civic promenade, with two buildings bordering
the site on the north and south ends, as bookends of the plaza. The southern building will be integral to the
site, as a backdrop for what will become a stage and performance area for the plaza. Additionally, the building
will provide public restrooms accessible from the Razorback Greenway and Civic Plaza storage space within
the ground floor.
A Request for Proposals ( RFP) process solicited competitive development proposals for a public private
partnership to build the southern anchor building on the West Avenue Civic Plaza. The RFP asked for an
approximately 14, 300 square foot building footprint with a height limit of seven stories and three primary
facades. Additionally, the city requested that the building be constructed of high -quality and lasting materials
that are complimentary to the overall aesthetic of the site and the emergent Arts and Entertainment District.
The RFP, issued in August 2021, was advertised on several platforms, including on the Costar website which
provides market -leading research on commercial real estate properties in nearly all markets and sub -markets.
The RFP was downloaded by over 100 interested parties. A non -mandatory pre -proposal conference held in
September, 2021 was attended by over 30 participants.
Additional Background:
Key to the design and planning of the overall spaces are the public private partnerships that can help activate
the space and provide a mixed use, sales tax generating, downtown development project to complement the
city' s investment in The Ramble. Partners are both private developers and philanthropic support efforts.
Mailing address:
113 W. Mountain Street www. fayetteville-ar. gov
Fayetteville, AR 72701
Initial design for this transformative project was made possible by a 2017 grant from the Walton Family
Foundation' s Design Excellence Program. Award -winning landscape architects Nelson Byrd Woltz ( NBW) were
selected to design the corridor with the primary goals of:
Increasing public access and strengthening the surrounding neighborhood,
Leveraging the connected trail network,
Demonstrating a commitment to sustainability, and
Embodying an innovative spirit, encouraging visitors and residents to engage with the space in new
ways.
There are five primary elements included in plans for the Cultural Arts Corridor bond
project: The West Avenue Civic Space, West Avenue streetscapes, The Fay Jones Woods, The Razorback
Greenway, and a new parking deck one block north of the corner of West Ave. and Dickson Street. In April
2019, citizens of Fayetteville voted to authorize a $ 31, 685, 000 bond for construction of the Cultural Arts
Corridor Improvements.
Arts Corridor improvements to the Fay Jones Woods, the southern portion of the Razorback Regional
Greenway, and the southern portion West Ave. began in September 2020 with construction completed in
September, 2022. Construction of the new parking deck began in January 2022 with completion planned in
October of 2023. In June 2021, after a 5-month public renaming process, the City announced The Ramble as
the new name for the Cultural Arts Corridor.
On October 26, 2021, the City of Fayetteville accepted proposals for the southern anchor building on the Civic
Plaza. One proposal was received from Reindl Properties that included a project team with a passion for high -
quality construction, human -scaled design, craftsmanship, efficiency, and love of community. Their team
includes:
Brian Reindl -Developer and owner of the adjacent Metro Building along with several other properties
in and around downtown Fayetteville.
Rob Sharp -Architect and designer of several Fayetteville projects including: Three Sisters Building,
Mill District, The Dickson Building and most recently the Network Building, which was designed to be the first
net zero mixed -use building in Fayetteville.
The LOI specifies that the final development agreement includes a termination and buy back clause requiring
Reindl properties to start construction on the new building within 12 months of the completion of the Civic
Space. Also, Reindl Properties met with organizations for additional community input on the ways in which the
proposed building will interact with the plaza and civic space.
As indicated in the LOI renderings, the proposed mixed -use building will be substantial and striking. The
building' s proposed uses will increase the liveliness of the adjacent Civic Plaza and attract visitors to the
downtown. Hotel guests will eat, shop and recreate in the area, providing benefit to many existing local
businesses. Initial analysis shows that the project would provide approximately $ 300, 000 per year in sales and
HMR taxes to the City plus another
63,000 per year in property tax to the City of Fayetteville for the general fund, library and fire and police
departments. The construction impact of this $ 40 million construction project will approximately yield another
175, 000 in sales tax revenue.
On October of 2022, Council passed Resolution 256-22 Authorizing the Mayor to Sign the Letter of Intent
Defining Development Agreement terms with Reindl Properties Inc., for a Public Private Partnership for
Construction of the Mixed -Use building at the Ramble Civic Plaza.
DISCUSSION:
Since the approval of the Resolution:
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City staff and design consultants with Nelson Byrd Woltz have worked with Reindl Properties to finalize
the building footprint in relationship to the trail relocation and relative to the final design of the Civic Plaza.
Staff has worked with Reindl Properties to secure independent third -party appraisals.
The City provided to Reindl a list of 5 appraisal firms with experience in commercial real estate. From that list,
Reindl selected three firms. The 3 firms provided certified property value reports. The average of the 3 was
used for the agreed to values.
Major terms and conditions for a proposed Agreement are included in this Real Estate contract as
Drafted by Vicki Bronson of Connors and Winters Law Firm.
BUDGET/ STAFF IMPACT:
Revenues will be recognized after the closings. Net proceeds from this real estate contract will be applied to
the Restrooms/ Storage located in the building, and Civic Plaza Improvements.
Real EstateATTACHMENTS: Copy of SRF-Real Estate Purchase Agreement South Civic Plaza (# 3),
Purchase Contract ( City Reindl) Redline 9-27-23 ( 002) (# 4), 5), Apprasials and Summary SouthExhibit 1 (#
Civic Plaza (# 6), 601 W Center St Deed (# 7), 256-22 RESOLUTION (# 8), Exhibit 2 South Elevation (# 9),
Exhibit 3 Fay Park Hotel -North Rendering (# 10), Exhibit 3 Fay Park Hotel -City Storage (# 11), Exhibit 3 Fay
Park Hotel -13), 20231012City Toilets (# 12), 20231012 REVISED Exhibit 3 Fay Park Hotel level 1 (#
2 (# 14), SouthREVISED Exhibit 3 Fay Park Hotel Level 20231012 REVISED Exhibit 2 Fay Park Hotel -
Rendering (# 20231012 Attachment Fay Park Hotel Progression Summary (# 16),15), REAL ESTATE
PURCHASE CONTRACT -revised 10- 12-23 (# 17), Hotel Valet LotCOF Letter with Parking Study (# 18),
Layout (# 19), Survival of Contractual Obligations, Representations, and Agreements as Restrictive Covenants
20), Ramble HotelREAL ESTATE PURCHASE CONTRACT ( City Reindl) revised 10- 17-23 clean (# 21),
Letter of Support (# 22), Exhibit A Site Plan (# 23), Exhibit B Floor Plans (# 24), Exhibit C Conceptual Building
Design and Materials (# 25), Letter ofReal Estate Purchase Contract ( City Reindl) Revised 11-2-23 (# 26),
Support-Mycelium Networks (# 27), Letter of Support-Acre Trader (# 28), Letter of Support -Startup Junkie
Consulting (# 29), Letter of Support -Cato Springs Development (# 30)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville,ArkansasY 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2023-1171
Resolution authorizing a Real Estate Purchase Contract with Reindl Properties, Inc. for the
Construction of a mixed -use building on the Ramble/ Cultural Arts Corridor Civic Plaza
A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A REAL ESTATE PURCHASE
CONTRACT WITH REINDL PROPERTIES, INC. FOR THE SALE OF APPROXIMATELY 0. 5
ACRES OF CITY PROPERTY IN THE SOUTH END OF THE CIVIC PLAZA FOR THE AMOUNT
OF $ 1, 247, 455. 00
WHEREAS, in October 2022, the City Council approved Resolution 256-22 authorizing the Mayor to
sign the Letter of Intent Defining Development Agreement terms with Reindl Properties Inc. for a Public
Private Partnership for Construction of the Mixed -Use building at the Ramble Civic Plaza; and
WHEREAS, Mayor Jordan recommends that the City Council approve the terms of the sale set out in
the real estate purchase contract negotiated with Reindl Property, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a real estate purchase contract with Reindl Properties, Inc., a copy of which is attached to this
of $1, 247, 455. 00, and furtherResolution, for the land sale of approximately 0.5 acres in the amount
authorizes the Mayor to execute all closing and other documents necessary to effectuate the sale.
Page 1
REAL ESTATE PURCHASE CONTRACT
THIS REAL ESTATE PURCHASE CONTRACT ( this " Contract") is made and
executed as of the 29th day of September, 2023, by and between REINDL PROPERTIES,
INC. and or Affiliates (" Buyer") and CITY OF FAYETTEVILLE, ARKANSAS (" Seller") as
follows:
1. THE PROPERTY
For the price and upon and subject to the terms, conditions and provisions set forth in this
Contract, Seller shall sell and convey to Buyer and Buyer shall purchase from Seller that certain
real estate owned by Seller located adjacent to West Avenue and Spring Street in Fayetteville,
the " in the approximate location as depicted onWashington County, Arkansas, ( Property"),
Exhibit 1 attached hereto, the exact legal description to be determined by survey, together with
all Seller' s rights, title and interest in all public and private streets, roads, avenues, alleys and
passageways, and all and singular the estates, rights, privileges, easements and appurtenances
belonging or in any way appertaining to the Property.
2. PURCHASE PRICE
Purchase Price") shall OnePurchase Price. The purchase price for the Property (" be
1, 247,455. 00,)Million Two Hundred Forty-seven Thousand Four Hundred Fifty-five Dollars ($
to be paid in cash at Closing.
3. DEED
On the Closing Date, Seller shall execute a deed to sell and convey to Buyer good and
marketable title to the Property by special warranty deed in the form reasonably prescribed by
Buyer ( the " Deed"), subject to no liens, claims, or encumbrances (" Encumbrances"), except ( a)
a restriction concerning Prohibited Uses as defined in Paragraph 31; and (b) liens for ad valorem
taxes that are not yet due and payable and ( c) those title and survey exceptions either waived or
approved in writing by Buyer after Buyer' s review of the Commitment, Survey ( as those terms
are hereinafter defined), and legible copies of all title exception documents identified on the
Commitment and Survey ( the " Permitted Exceptions"). Title to the Real Property as aforesaid
shall be insured by the Title Company as provided in Section 5.
4. SURVEY
within five ( 5) days of the execution ofBuyer will order an ALTA survey ( the " Survey")
this Contract. Buyer and Seller will each pay one half of the cost of the Survey. The Survey will
include the location and boundaries of the Property and the Public Easement ( defined and
described in paragraph 30). The Survey and the boundary lines of the areas surveyed therein
shall be subject to the mutual agreement of Buyer and Seller.
5. TITLE INSURANCE
Commitment and Title Policy. Within ten ( 10) business days after the date of this
Contract, Seller will order a preliminary title insurance commitment ( the " Commitment") from
1
Bronson Abstract Company, Fayetteville, Arkansas ( the " Title Company") pursuant to which
the Title Company shall agree to issue to Buyer, an ATLA owner' s policy of title insurance ( the
Title Policy") in the amount of the Purchase Price, insuring marketable fee simple title to the
Real Property in Buyer upon recording of the Deed.
Seller' s Title Documents. Seller shall, at Seller' s sole expense, execute, acknowledge
and deliver or cause to be executed, acknowledged and delivered to the Title Company, on or
before the Closing Date, such affidavits and other documents approved by the Seller, as the Title
Company shall require as a condition to issuance of the Title Policy in the form herein provided
s Title Documents").collectively, " Seller'
Buyer' s Title Documents. Buyer shall, at Buyer' s sole expense, execute, acknowledge
and deliver or cause to be executed, acknowledged and delivered to the Title Company, on or
before the Closing Date, such affidavits and other documents approved by Buyer, as the Title
Company shall require as a condition to issuance of the Title Policy in the form herein provided
s Title Documents").collectively, " Buyer'
6. TITLE AND SURVEY DEFECTS
Buyer shall have ten ( 10) days from the receipt of the Title Commitment and copies of
documents constituting exceptions to title and the Survey to examine the same and to specify to
Seller in writing any matters which Buyer finds objectionable ( the " Encumbrances").
Seller shall have thirty ( 30) days to cure or remove all Encumbrances at its cost and
expense. If Seller fails to cause all the Encumbrances to be removed within such 30-day period or if
Seller notifies Buyer of its decision not to cure or remove some or all of the Encumbrances, Buyer' s
remedy shall be to:
i) Terminate this Agreement by giving Seller written notice thereof;
ii) Agree to extend additional time to Seller to cure or remove all
Encumbrances; or
iii) Elect to purchase the Property subject to the Encumbrances and the
Encumbrances not so removed or cured shall be deemed Permitted Exceptions and the
Purchase Price shall not be reduced by any amount.
7. INVESTIGATION BY BUYER
Buyer has the right to conduct such due diligence as Buyer deems necessary in Buyer' s
sole discretion from the date of the execution of this agreement and continuing through five ( 5)
business days prior to Closing; provided, however, Buyer may not conduct any intrusive testing
in the subsurface soil or take any bore samples without the prior, written consent of the Seller. If
Buyer, in its sole discretion is not satisfied with the results of its due diligence, Buyer may
terminate this Contract at any time prior to Closing by providing written notice to Seller,
whereupon this Contract shall be terminated and neither party shall have any further obligation to
the other party.
2
8. REPRESENTATIONS AND WARRANTIES OF SELLER
Seller represents and warrants to Buyer the following through the date hereof and as of the
Closing Date to the best of Seller' s knowledge:
8. 1 Except as disclosed to Buyer in writing there are no unrecorded leases,
arrangements, agreements, understandings, options, contracts, or rights of first
refusal affecting or relating to the Property in any way.
8.2 Seller represents and warrants that at the time of acceptance hereof and at Closing,
Seller is not a " foreign person" as such term is defined in Section 1445(f) of the
Internal Revenue Code of 1954.
8. 3 There are no actions, suits, lawsuits, proceedings, or claims affecting any part of
the Property, or affecting Seller with respect to the ownership, occupancy, use, or
operation of any part of the Property pending in or before any court, agency,
commission, or board.
8.4 assignment for the benefit ofNo petition in bankruptcy ( voluntary or otherwise),
creditors, or petition seeking reorganization or arrangement or other action under
Federal or State bankruptcy laws is pending against Seller.
8.5 Seller has not received notice from any governmental authority, stating that the
Property is currently in violation of any zoning, environmental, or other land use
regulations or in violation of any required licenses, registrations, certificates,
permits, approvals, or other governmental authorizations relating to the use and
operation of the Property. If Seller receives such a notice prior to Closing, Seller
shall promptly notify Buyer of such a notice and deliver a copy thereof to Buyer.
8. 6 Seller has not received any notice relating to its period of ownership of the
Property that the Property is in violation of any applicable governmental law,
regulation, or requirement relating to environmental or occupational health and
Environmental Laws"). As used in thissafety matters or Hazardous Substances (`
Agreement, the term " Hazardous Substances" means any and all substances,
materials, and wastes which are regulated as hazardous or toxic under applicable
local, state, or federal law or which are classified as hazardous or toxic under
applicable Environmental Laws.
8. 7 Seller has not stored, processed, or disposed of hazardous or toxic substances on
the Property.
8. 8 No underground storage tanks are located on the Property.
Seller' s Knowledge" means the actual knowledge ofFor the purposes hereof, the term "
without any duty of inquiry or investigation.
BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN ANY CLOSING DOCUMENT
DELIVERED BY SELLER, ( A) BUYER HAS NOT RELIED UPON AND WILL NOT RELY
UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR
WARRANTY OF SELLER IN CONNECTION WITH THE PROPERTY OR THIS
TRANSACTION, ( B) SELLER WILL SELL AND CONVEY TO BUYER, AND BUYER
WILL ACCEPT THE PROPERTY " AS IS", " WHERE IS", AND " WITH ALL FAULTS" ON
THE CLOSING DATE, AND THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR
REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER
OR ANY THIRD PARTY, AND ( C) SELLER DOES NOT, BY THE EXECUTION AND
DELIVERY OF THIS AGREEMENT, AND SELLER WILL NOT, BY THE EXECUTION
AND DELIVERY OF ANY DOCUMENT OR INSTRUMENT EXECUTED AND
DELIVERED IN CONNECTION WITH CLOSING, MAKE ANY REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WHATSOEVER,
WITH RESPECT TO THE PROPERTY AND ALL SUCH WARRANTIES ARE HEREBY
DISCLAIMED.
9. REPRESENTATIONS AND WARRANTIES OF BUYER
Buyer represents and warrants to Seller the following through the date hereof and as of
the Closing Date to the best of Buyer' s knowledge:
9. 1 Buyer represents and warrants that at the time of acceptance hereof and at Closing,
Buyer is not a " foreign person" as such term is defined in Section 1445( f)of the
Internal Revenue Code of 1954.
9.2 No petition in bankruptcy ( voluntary or otherwise), assignment for the benefit of
creditors, or petition seeking reorganization or arrangement or other action under
Federal or State bankruptcy laws is pending against Buyer.
9. 3 Buyer has full authority to enter into this Contract and fulfill all its obligations
pursuant therewith.
Buyer' s Knowledge" means the actual knowledge of Brian Reindl.
10. TAXES AND ASSESSMENTS
No tax prorations will occur because Seller is not subject to real estate taxes. Buyer is
responsible for paying all real property taxes and assessments due and payable after the date of
Closing.
11. CLOSING COSTS AND ADJUSTMENTS
Seller' s Costs. Seller shall pay the cost of (1) one-half of the documentary stamps; ( 2)
3)the cost of the owner' s portion of the title insurance policy; ( one-half the Title Company' s
5) allclosing fee and document preparation fee; ( 4) the Title Company' s title search fee; (
certificates, instruments and documents which Seller is required to deliver or cause to be
delivered; ( 8) one-half of the cost of appraisals required in connection6) one-half of the Survey; (
with the Purchase Price of the Property or in connection with the Public Easement as provided in
this Contract; and ( 7) its legal fees and expenses.
Buyer' s Costs. 2)Buyer shall pay the cost of ( 1) one-half of the documentary stamps; (
one-half the Title Company' s closing fee and document preparation fees; ( 3) the cost of any loan
4) allpolicy of title insurance including all endorsements required by Buyer' s lender; (
certificates, instruments and documents which Buyer is required to deliver or cause to be
delivered; ( 5) Buyer' s legal fees and expenses; ( 6) one half of the Survey; and ( 7) one-half of the
cost of any third appraisal required in connection with the Purchase Price of the Property or in
connection with the Public Easement as provided in this Contract.
rd
12. CONDEMNATION AND CASUALTY
If, prior to the Closing Date, all or any part of the Property shall be condemned by
governmental or other lawful authority such that the remaining property is insufficient for Buyer
Buyer shall have the option, exercisedto construct the Mixed Use Building ( as defined below),
businessby delivery to Seller of written notice of such election on or before the fifteenth ( 15th)
day following the date on which Buyer receives from Seller written notice of such condemnation
of either ( a) completing this transaction, in which event ( i) there shall be no reduction of the
Purchase Price, ( ii) Seller shall have no duty to repair or restore, (iii) Seller shall pay to Buyer all
condemnation proceeds received by Seller with respect to such condemnation, and ( iv) Seller
shall assign to Buyer all rights of Seller in and to such condemnation proceeds, or ( b) terminating
this Contract.
13. LEASES AND OTHER AGREEMENTS
During the period from the date of this Contract to and including the Closing Date, Seller
shall not, without the prior written consent of Buyer enter into a lease of the Property that has a
term extending beyond the Closing Date.
14. CLOSING
Closing Date. Provided all conditions to closing set forth in this Contract have been
satisfied or waived by Buyer and Seller, and this Contract has not been terminated in accordance
with the provisions herein set forth, the transaction contemplated herein shall close within thirty
30) days of the satisfaction or fulfillment of all conditions of closing, or such other date as is
mutually agreeable to Seller and Buyer, PROVIDED, however, that if Closing does not occur on
or before , Seller may, in its sole discretion, terminate this Contract and
neither party shall have any further obligations to the other party. Such date for the closing of
title is herein called the " Closing Date" or such occurrence is called the " Closing" or " closing".
Seller' s Deliverables. On or before the Closing Date, Seller shall deliver or cause to be
Seller' sdelivered to the Title Company the following: ( a) Special Warranty Deed; and ( b)
Closing Statement and such other documents as Title Company may require at Closing and
which are approved by the Seller.
Buyer' s Deliverables. On or before the Closing Date, Buyer shall deliver or cause to be
delivered to the Title Company the following: ( a) by federal wire transfer of funds to the Title
Company' s escrow account an amount equal to ( i) the balance of the Purchase Price due at
closing, adjusted as herein provided, plus ( ii) the aggregate amount of closing costs for which
b) andBuyer is responsible as provided herein, all as shown on Buyer' s closing statement; (
Buyer' s Closing Statement and such other documents as Title Company may require at Closing.
15. POSSESSION
Exclusive possession of the Property shall be delivered to Buyer on the Closing Date.
16. BROKERAGE
R
Seller hereby represents and warrants that it has not engaged the services of any real
estate agent, broker or firm in connection with the Property or this real estate transaction. Buyer
hereby represents and warrants that it has not engaged the services of any real estate agent,
broker or firm in connection with the Property or this real estate transaction.
17. SURVIVAL
representations,Except as otherwise set forth herein, all warranties, covenants,
obligations,
and agreements contained in this Contract shall survive the closing hereunder and the transfer
and conveyance of the Property and any and all performances hereunder for a period of six ( 6)
months.
18. TIME
Time is of the essence of this Contract.
19. NO WAIVER
Except as herein expressly provided, no waiver by a party of any breach of this Contract
or of any warranty or representation hereunder by the other party shall be deemed to be a waiver
of any other breach by the other party ( whether preceding or succeeding and whether or not of
the same or similar nature), and no acceptance of payment or performance by a party after any
breach by the other party shall be deemed to be a waiver of any breach of this Contract or of any
representation or warranty hereunder by such other party, whether or not the first party knows of
such breach at the time it accepts such payment or performance. No failure or delay by a party to
exercise any right it may have by reason of the default of the other party shall operate as a waiver
of default or modification of this Contract or shall prevent the exercise of any right by the first
party while the other party continues to be so in default.
20. INSTRUMENTS IN WRITING
No agreement, consent, approval, notice, amendment, modification, understanding, or
waiver of or with respect to this Contract or any agreement, instrument, or document entered into
pursuant to or with respect to this Contract, or any term, provision, covenant, or condition hereof
or thereof, nor any approval or consent given under or with respect to any of the foregoing, shall
be effective for any purpose unless contained in a writing signed by the party against which such
agreement, amendment, modification, understanding, waiver, approval or consent is asserted.
21. NOTICES
Any and all notices, requests, demands, or other communications hereunder shall be
deemed to have been duly given if in writing and if transmitted by hand delivery with receipt
therefor, by facsimile delivery ( with confirmation by hard copy), by overnight courier, or by
registered or certified mail, return receipt requested, first class postage prepaid addressed as
follows ( or to such new address as the addressee of such a communication may have notified the
on
sender thereof) ( the date of such notice shall be the date of actual delivery to the recipient
thereof):
If to Buyer: Reindl Properties, LLC
Attn: Brian Reindl
509 W Spring St, Ste 310
Fayetteville, AR 72701
greaterproductions@gmail. com
With copy to:
Reed Law Firm, P. A.
3301 S. Market St, Ste 211
Rogers, AR 72758
chris@reedlaw-planning. com
If to Seller:
City of Fayetteville
Attn: Mayor' s Office
113 W. Mountain Street
Fayetteville, AR 72701
Mayor@fayetteville-ar.gov
Vicki BronsonWith a copy to:
Conner & Winters, LLP
4375 N. Vantage Dr., Suite 405
Fayetteville, AR 72703
vbronson@cwlaw. com
Either party may designate a different address or addresses for itself by notice similarly
given. Any notice given by registered or certified mail shall be deemed to have been given on
the third day after the same is deposited in the mail, and any notice not so given shall be deemed
to have been given upon receipt of the same by the party to whom the same is to be given.
22. ENTIRE AGREEMENT
This Contract contains the entire agreement with respect to the transactions contemplated
herein, statements, orand there are no other terms, conditions, promises, understandings,
representations, express or implied, concerning the same, and neither party is relying on any
representation or statement not specifically contained herein.
23. GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws of the
State of Arkansas.
24. ESTOPPEL
7
Each party confirms and agrees that ( a) it has read and understood all of the provisions of
this Contract; ( b) it has negotiated with the other party at arm' s length with equal bargaining
power; and ( c) it has been advised by competent legal counsel of its own choosing.
25. JOINT PREPARATION
This Contract is deemed to have been jointly prepared by the parties hereto, and any
uncertainty or ambiguity existing herein, if any, shall not be interpreted against any parry, but
shall be interpreted according to the application of the rules of interpretation for arm' s length
agreements.
26. ASSIGNMENT
Neither party may assign this contract without the prior written consent of the other party.
27. WAIVER OF JURY TRIAL
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EACH PARTY HEREBY
WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM
BROUGHT BY ANY PARTY AGAINST THE OTHER PARTY ON ANY MATTER
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS CONTRACT.
28. ATTORNEYS FEES
If either party is required to bring litigation to enforce its rights under this contract, the
prevailing party shall be entitled to recover its attorney' s fees and costs, including expert witness
fees.
29. CONTINGENCIES
In addition to any other conditions or contingencies contained herein, the parties' obligations
to close on this transaction are conditioned upon satisfaction of the following conditions on or
prior to Closing:
A. Buyer and Seller' s approval of the Survey.
B. Buyer and Seller' s approval and execution of a Development Agreement
concerning the Mixed -Use Building as more particularly described in Paragraph 31.
C. Buyer and Seller' s approval and Buyer' s execution of the Public Easement, as
more particularly described in Paragraph 30.
D. Buyer' s execution and delivery to Seller of a perpetual easement for the use of the
City Restrooms and Storage Space as provided in Paragraph 31.
30. ADDITIONAL CONSIDERATION
As additional consideration for the transactions contemplated herein Buyer agrees to grant a
Public Easement")permanent easement to Seller for pedestrian walking and biking trails ("
located across real property currently owned by Buyer adjacent to the Property. The exact
location of the Public Easement shall be determined by the Survey. In consideration for Buyer' s
conveyance of the Public Easement, Seller will pay Buyer Two Hundred Fifty-nine Thousand
259, 084. 00),Eighty-four Dollars ($ which represents the fair market value as determined by the
parties' appraisals and which shall be deducted from the Purchase Price at Closing. A
reconciliation of the final price will be done with final survey and closing documents.
31. DEVELOPMENT OF THE MIXED -USE BUILDING
A material condition of Seller' s agreement to sell the Property to Buyer is for Buyer to
develop and construct a Mixed -Use Building (" Building") on the Property as described in that
certain Letter of Intent executed between the parties dated effective November 9, 2022. The
approval of a Development Agreement by Buyer and Seller concerning the design, construction,
and use of the Building and allocation of any shared costs associated with the construction of the
City Restrooms and Storage Space is an express condition to the Buyer and Seller' s obligations
under this Contract. The Development Agreement shall incorporate, at a minimum, the
following terms:
A. the "Buyer will construct a multi -story Mixed Use Building ( Building")
containing hotel uses and associated meeting spaces, office spaces, street level retail, and
hospitality spaces, and must contain a minimum of one restaurant, cafe, or coffee shop at ground
level. The Building may include additional uses as necessary to meet the financial goals of the
project if approved by Seller. The following Use Units may be allowed, subject to the Seller' s
prior approval in conjunction with the Seller' s typical processes and procedures for considering
and approving zoning, development, licenses, and permits, including conditional use restrictions:
Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a:
Limited Business; 12b: General Business; Unit 14: Hotel, Motel and
Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16:
Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25:
Offices, Studios, and Related Services; Unit 26: Multi -Family Dwellings;
Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music
Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production;
and Unit 46: Short Term Rentals.
Provided, however, that nothing contained in this Contract is intended to be nor may be
construed to be a promise or agreement that Seller will approve any of the specific uses
described above. The uses permitted are subject to Seller' s prior approval according to Seller' s
In addition,typical processes and procedures for considering and determining permitted uses.
certain uses which may be allowed under the zoning categories described above require a
conditional use permit, including, but not limited to Unit 35: Outdoor Music Establishments.
Because of the proximity to the Civic Space ( Seller' s property adjacent to the Property a/ k/ a the
Ramble) as well as the Walton Arts Center and other local businesses, the use of amplified music
on the Property requires specific approval by Seller in advance and is subject to all reasonable
conditions which Seller requires, including, but not limited to prohibiting the use of amplified
music after 10: 00 p. m. Nothing in this Contract is intended to be nor may be construed to be a
waiver or release of any of Seller' s requirements or conditions for receiving a conditional use
permit for any use that may be allowed under the zoning categories stated above.
Further provided, none of the following uses will be permitted on the Property ( the
Prohibited Uses") at any time: crematorium; mausoleum; funeral home; furniture repair and
refinishing; taxidermist; vape shops; body piercing/ tattoo; gunsmith; animal hospital; animal day
care; care; bail agencies; hospital; vehicle sales; convalescent home;day bonding
boarding/ rooming housing ( other than is typically associated with hotel use); dormitory;
6
fraternity/ sorority housing; and slot car track. Any deed from the Seller conveying the Property
to Buyer will contain a restriction against the Prohibited Uses and the restriction will be a
restriction that runs with the Property for a minimum of 75 years.
B. As befits its prominent location, the Building will be a substantial and attractive
building. The Building' s design, plans and specifications, including, but not limited to exterior
finishes, and site development are subject to Seller' s development review process, ordinances,
and rules and must be approved by Fayetteville City Council. Nothing in this Contract is
intended to or may be construed as a waiver of any of Seller' s ordinances, rules, or regulations.
C. The Building will have three primary facades; one facing the Civic Space to the
north, one facing the vacated Spring Street right-of-way to the south, and the third facing West
Avenue to the east. All primary facades will be attractive, well-proportioned, and constructed of
high -quality materials in accordance with the plans and specifications.
D. The Building shall be designed and built in substantial compliance with the
drawings, depictions, and concepts on the attached Exhibit 2 which depict the minimum
standards for materials, design, and architectural features. Any significant deviation from
exterior design reflected on Exhibit 2 may not be approved by Fayetteville City Council.
E. The design and construction of the Building shall comply with all local, state, and
federal building codes, rules, regulations, and laws, including those of Seller.
F. Buyer must present its application for Planned Zoning District ( PZD) Review
approval, along with all required documents no later than July 1, 2024. The Building and
associated improvements are subject to approval pursuant to City of Fayetteville Development
Review codes, processes, and procedures, including review by Planning Staff, Planning
Commission, and City Council. Documents shall include all building facades, floor plans of all
levels, infrastructure improvements, multi -use trail details, and all other requirements of City of
Fayetteville codes.
G. Notwithstanding anything contained herein to the contrary, if Buyer does not
secure a Building Permit for the Building within twelve ( 12) months of substantial completion of
Seller' s Civic Space, then this Contract and all agreements pertaining to this Contract shall be
null and void and neither party shall have any obligations to the other party.
H. If Buyer fails to either ( a) commence construction of the Building within sixty
60) days of Seller issuing a Building Permit or ( b) complete construction of the Building within
twenty-four ( 24) months of issuance of the Building Permit, then Seller at its sole discretion shall
have the absolute and unconditional right to buy the Property back from Buyer, and any
improvements made as of that date. If Seller elects to exercise its rights under this paragraph, the
purchase price Seller will pay Buyer will be the original Purchase Price Buyer paid Seller for the
Property, plus the fair market value of the completed improvements on the Property as
determined by a third -party real estate appraiser, less all amounts paid by Seller for construction
or construction estimates for the City Restrooms and Storage Space. The provisions for selection
of appraisers contained in Paragraph 30 also apply to this Paragraph.
I. The Building must be designed and constructed to provide a ground floor that is
open and inviting to the public on the north side to accentuate and facilitate the use of the Civic
10
Space. The hotel lobby shall be located on the ground floor and shall be open and inviting.
Additionally, a bar, restaurant or cafe and retail uses will be provided on the ground floor.
J. Buyer agrees to make a good faith effort to purchase building supplies and
materials locally to support sales tax revenue for Seller.
K. Buyer must provide all parking required by Seller' s parking codes and
requirements at Buyer' s cost. Buyer must provide the amount of valet parking to Building guests
that is usual and typical for the size of the Building. As a condition of this Contract and prior to
Closing, Buyer must own or have a written lease for sufficient property to provide parking as
required by Seller' s parking requirements, including but not limited to City Code sections 172. 05
and 156. 03C( 5). To the extent Seller has any excess parking spaces available Seller agrees to
lease the excess parking spaces to Buyer at current market rates. Seller makes no representations
that it has any parking spaces available to lease to Buyer.
L. All Building loading recycling, and solid waste and associated receptables must
be located on the west side of the Building. No such activities will be permitted from or facing
any public street.
M. The Building design and construction will incorporate sufficient air filtering to
promote indoor air quality.
N. The Building will be designed and constructed to provide an efficient and
properly designed envelope that will prevent air and water infiltration and reduce thermal
bridging. The Building will implement the use of smart energy -management systems to decrease
energy use in the Building, including but not limited to the installation of smart systems to avoid
heating and cooling vacant rooms.
O. Buyer and Seller will coordinate design consultants on designing bicycle,
pedestrian, automotive, and landscape infrastructure on all sides of the Building. The amount of
the costs of those improvements and an agreement as to which costs will be paid by Seller and
which will be paid by Buyer are a condition of this Contract and a condition of Closing. Once the
costs for these improvements are established, Buyer and Seller agree to pay their pro-rata share
of such costs.
P. Seller agrees to pay one half of the cost of extending water and sanitary sewer to
the Building' s site to provide water and sewer to the City Restrooms. Once the costs for these
improvements are established, Seller agrees to pay that amount to Buyer. The amount of such
costs must be reasonable and must be approved by Seller in advance in writing.
Q. Seller will assist Buyer in coordinating burial of existing power lines to the extent
necessary; however, Seller has no obligation to incur any costs associated with burying overhead
power lines.
R. Buyer is responsible for providing all water, sewer, electrical, cable, telephone,
gas, or other utilities to the Building. Seller has no obligation to incur any costs associated with
Buyer' s installation of utilities except for the costs associated with extending water and sewer to
the Building site, if any, for the City Restrooms as described above. If it is necessary for Seller
to grant utility easements across its property to provide utilities to the Property, Seller agrees to
grant a utility easement, provided however, that the location of the easement and any utility lines
and equipment are subject to Seller' s prior approval.
11
S. The Building shall contain public restrooms at street level, accessible from the
Frisco Trail to serve trail and other public space users ( the " City Restrooms"). The Building shall
also contain a storage space for storing equipment associated with the planned performance area
of the Civic Space and such other items which City desires (" Storage Space"). In addition:
i. All City Restrooms must comply with the Americans with Disabilities
Act.
ii. Buyer shall be responsible for constructing the City Restrooms and
Storage Space to a " white box" finish, subject to Seller' s approval of the design. The City
Restrooms and Storage Space contain a minimum of 1, 600 square feet. The Storage
Space shall be located on the west side of the Building for convenient access to the City
Space. The approximate location of the City Restrooms and Storage Space are shown on
Exhibit 3, attached.
iii. The costs of construction of the City Restrooms as a white box finish and
the Storage Space, including the pro-rata share of the cost of foundations, structure, roof,
and exterior walls as well as the electrical rough in, plumbing, and HVAC equipment and
services, and other elements to be paid by the Seller agreed to prior to commencement of
construction of the Building. Buyer is responsible for completing and delivering the City
Restrooms in a white box finish and Seller is responsible for contracting for and paying
the costs to finish out the interior of the City Restrooms as it deems appropriate with a
contractor of its choice.
iv. The Seller shall have exclusive use, control, possession, and right to the
City Restrooms and Storage Space pursuant to a perpetual exclusive easement to be
granted by Buyer, the form of which must be agreed to by the parties and executed prior
to or at Closing. Restrooms and storage to be maintained and serviced by the Seller.
V. In addition to the City Restrooms, the Building must contain separate
public restrooms at ground level for the use of the Building' s patrons as required by all
Seller, state, and federal ordinances, rules, and regulations.
T. back of house"The Building shall contain a street level " space to be used by
event organizers in the approximate location as shown on Exhibit 3.
U. Buyer, at its expense, will implement, install, and maintain landscaping on the
Property as required by Seller pursuant to plans developed by Seller' s landscape design
architects.
V. Seller shall maintain exclusive control of all of Seller' s property and exterior
spaces adjacent to the Building and Property. Should Buyer desire to use any Seller property, the
use must be coordinated with Seller and anchor institutions adjacent to the area, ( Walton e. g.,
Arts Center, TheatreSquared, etc.) and any other group selected by the Seller to represent its
interests in creating a lively and attractive park and Civic Plaza. Buyer must apply for use of
Seller' s property in the same manner as any other member of the public.
W. The Building shall provide a location for the display of local art, to be coordinated
between Buyer and local arts organizations, schools, or the Seller.
X. All other terms and conditions as the parties may agree.
12
above
IN WITNESS
written.
WHEREOF, the parties have
BUYER:
executed this Contract as of the date first
REINDL PROPERTIES, INC.
By:
Brian Reindl
Date:
13
SELLER:
CITY OF FAYETTEVILLE, ARKANSAS
Lioneld Jordan, Mayor
Date:
November 07, 2023
ATTEST:
By:
Kara Paxton, City Clerk -Treasurer
14
EXHIBIT 1
Drawing of appropriate location of the Property
15
EXHIBIT 2
Conceptual Building design and materials
16
EXHIBIT 3
Depiction of approximate location of City Restrooms, Storage Space,
and back of house space
17
Ex
II
BUILDING ENVELOPE TO
STAY 3'-0" CLEAR OF EDGE
OF PROPOSED GREENWAY
Restrocted use
property included
the total sales
agreement.
in
PROPERTY SALE
PROPOSEDLOT
SPLIT BOUNDARY
10•
EXISTING
PROPERTY LINE
LIMIT OF WORK FOR CIVIC
SPACE CONSTRUCTION
GREENWAY ALIGNMENT
AND EASEMENT
J
PROPOSED LOT SPLIT
DEVELOPER AGREEMENT
J U LY 199 2022
1, 1, 1, 5 1
mwq mq
Abernathy, Waylon
From: Abernathy, Waylon
Sent: Tuesday, November 29, 2022 4:01 PM
To: Norton, Susan
Subject: List of appraisal firms for South Civic Plaza Site
Attachments: APPRAISE. LST. 2022. doc
Attached is the list of appraisers that I received from our Land Agent.
It includes appraisal firms that I had already researched that would be better suited for this type of project. ( I omitted
one from the original list).
Bryan and I discussed the strategy of the City providing a list of 5 firms, in which he would select 3. We would engage all
3 and take the average appraised value.
This seems like a fair approach to me.
Wade Abernathy
Director of Bond Projects and Facilities
City of Fayetteville
wabernathv(@favetteville-ar.eov
T 479- 575-8361
CITY OF
ARKANSASrFAYETTEVILL
APPRAISERS LIST
Quote Time Comments
Avaluations, LLC
P. O. Box 2991
Fayetteville, AR 72702
Phone ( 479) 695-1371
Email: avalue( cDcox-internet. com
HCA Principal Commercial
Appraisals
ATTN: Zach J. Holland
PO Box 1501
Fayetteville, AR 72702
479-276-2149
holland( abhollandcommercialappr
aisals. com
The Real Estate Consultants
ATTN: Mark Risk
P. O. Box 747
118 N. East Avenue
Fayetteville, AR 72702
PHONE: 479-442-0762
MOBILE: 479-530-2250
FAX: 479-442-6586
mrisk(cDtrecinc. net
Reed & Associates, Inc.
ATTN: Tom Reed RFQ20-05 Resolution 104-21
3739 N. Steele Blvd., Suite 140
Fayetteville, AR 72703
PHONE: 479-521-6313
treed ( cDreedappraisa1. biz
khampton( a-)reedappriasal. biz
Ferstl Valuation Services
Attn: J T Ferstl
101 W Mountain, Ste 210A& B
Fayetteville, AR 72701
PH: 479-595-0245
jtferstl ferstivs. com
Narrative
Form
Letter
Easement
Fee Simple
Other
Photos Required
Notify Owner
Federal Project
COMMENTS:
South Plaza Property Apprasials Comparison and Average
Holland Commercial Appraisers Ferstl Valuaton Services The Real Estate Consultants Average
Tract A Hotel Property
Value
Square Feet
Price/ Square Feet
1, 150, 000
21, 927
54. 00
1, 240, 011
21, 927
54. 91
1, 075, 000
21, 927
49. 01
1155004
52. 64
Tract B Limited Use
Value
Squae Feet
Price/ Square Feet
Land
58, 000
2196
26. 41
60, 952
1100
54. 91
99, 000
2196
45. 00
92, 451 ( Based
42. 10667
on 2196 square
Tract C Permanet
Value
Suare Feet
Price/ square Feet
Trail Easement
270, 000
5220
51. 75
385, 000
6988
55. 00
220, 000
5220
42. 15
259, 084 (
49. 63333
Based on 5220 square
CITY COUNCIL MEMO
2026-2143
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Dennis Sanders, Building Safety Director
FROM: Billy Bryant, Code Compliance Supervisor
SUBJECT: Raze and Removal of the Structures at 320 W Ila St in Ward 2
RECOMMENDATION:
Staff recommends approval of a resolution ordering the Raze and Removal of a dilapidated and unsafe structure
located at 320 W Ila St.
BACKGROUND:
The subject property is located at 320 W Ila St., on the corner of N Vandeventer Ave. and W Ila St. south of
Wilson Park. The owners are Steven & Cynthia Parette. Due to a citizen complaint, staff inspected the property
on September 26, 2022. The inspection revealed a house in need of repair and a Property Nuisance code case
was opened. Staff recommended addressing holes in the roof, soffit, fascia, and rotted siding. Staff inspections
show no actions were taken to correct the property and the case was forwarded to the prosecutors' office on
December 6, 2022. In response to city prosecutors' work on the case, the property owners Steve and Cynthia
Parette ultimately applied for a building permit on February 25, 2025, to renovate the house. Throughout the
permit review process, staff was consistently provided with inadequate information, and a lack of
communication. Thus, slowing down the permit process significantly. The permit was issued on November 3,
2025, and staff deferred further action to afford the property owners time to make repairs. A building permit
may remain open for up to six months without any activity. After this, the permit either expires or can be
extended with a Building Official determination. Due to a lack of activity on the subject property, the permit
expired on May 2, 2026. Given the increasingly dilapidated state of the structure after almost four years of
investigation and staff finding conditions to be increasingly unsafe, the permit's expiration was not extended
and a raze and removal case was opened on May 4th, 2026.
DISCUSSION:
This address consists of a two-story, 1,976-square foot, residential building. This building is in a severe state of
disrepair. Most of the siding was removed, leaving the exterior exposed to the elements. Staff inspections
show tattered building wrap, exposed studs, wiring, and plumbing. The siding that remains is rotted and failing.
There is decay in the soffit, fascia, and window frames. Following the expiration of the issued building permit,
the Parettes expressed interest in extending their existing permit or applying for another building permit. The
Building Official determined that a lack of work since the September 2022 violation and subsequent November
2025 building permit issuance represent a lack of intent to repair and rehabilitate the structure. Staff auditing of
utility services indicates the structure has electricity and water service. However, water service shows no
usage since June 2024. The neglect of this structure is severe, and no longer a usable space. Per 173.08 of
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
the Unified Development Code, City Council may determine whether the subject building to be unsafe,
dilapidated, unsanitary or a detriment to public welfare. A budget adjustment will not be necessary for this raze
and removal due to existing, allocated funds for this activity. The bid for demolition is $17,200.
BUDGET/STAFF IMPACT:
If the property owner does not comply with the Raze and Removal order, Raze and Removal costs will be
expensed to the current budget. A lien will be placed on the property for the costs incurred.
ATTACHMENTS: 3. Staff Review Form, 4. Property Location Maps, 5. Property Photos, 6. Notice of Violation,
7. County Assessor Details and Legal Description, 8. Raze & Removal Documentation, 9. Additional
Information -Proposed Plans, 10. Additional Information -Raze and Removal Liens
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2143
A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND
UNSAFE STRUCTURE ON PROPERTY OWNED BY STEVEN AND CYNTHIA PARETTE
LOCATED AT 320 WEST ILA STREET IN WARD 2 IN THE CITY OF FAYETTEVILLE,
ARKANSAS
WHEREAS, Steven and Cynthia Parette are the record owners of real property, legally described in
attached Exhibit A, which is located at 320 West Ila Street, City of Fayetteville, Washington County,
Arkansas; and
WHEREAS, the City Council has determined that a structure located on said property with the address
320 West Ila Street is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and
WHEREAS, Steven and Cynthia Parette, having been properly served by sending a Notice of Violation
by Certified Mail, Return Receipt Requested to the owner’ s address of record, and, given thirty ( 30)
days to correct said violations, has failed to repair, or raze and remove said dilapidated, unsightly, and
unsafe structure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That, by the authority granted pursuant to A.C.A. § 14-56-203, and in accordance with the
provisions of Section 173. 08 of the Fayetteville Code of Ordinances, Steven and Cynthia Parette are
hereby ordered to raze and remove within thirty ( 30) days the dilapidated, unsightly, and unsafe
structure located at 320 West Ila Street, Fayetteville, Arkansas. The manner of removing said structure
shall be: dismantle by hand or bulldozer, and haul all debris to a landfill.
Section 2: That, if Steven and Cynthia Parette do not comply with this order, the Mayor is hereby
authorized to cause the dilapidated, unsightly, and unsafe structure to be razed and removed; and a lien
against the real property shall be granted and given the City, pursuant to A.C.A. § 14-54-904, for the
costs associated therewith.
Page 1
City of Fayetteville Staff Review Form
2026-2143
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Billy Bryant 6/ 17/ 2026 BUILDING SAFETY ( 640)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a resolution ordering the Raze and Removal of a dilapidated and unsafe structure
located at 320 W Ila St.
Budget Impact:
1010. 640. 6400- 5315. 04 General
Account Number Fund
50033. 2603 Raze and Removal
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 83, 000. 00
Expenses ( Actual+ Encum)$-
Available Budget $ 83, 000. 00
Does item have a direct cost? Yes Item Cost $ 17, 200. 00
Is a Budget Amendment attached? No Budget Amendment $-
Remaining Budget $ 65,800. 00
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Additional Information Received
Date Received:
MM/DD/YYYY
Time :
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
07/01/2026
8:48 AM
Billy Bryant, Code Compliance
Supervisor
Office of the City Clerk Treasurer
07/07/2026
2026-2143
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Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
07/01/2026
3:33 PM
Stacy Barnes, City Attorney Paralegal
City Council
07/07/2026
2026-2143
n/a
CITY COUNCIL MEMO
2026-2144
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Dennis Sanders, Building Safety Director
FROM: Billy Bryant, Code Compliance Supervisor
SUBJECT: Raze and Removal of the Structures at 3582 N Hwy 112 in Ward 2
RECOMMENDATION:
Staff recommends approval of a resolution ordering the Raze and Removal of a dilapidated and unsafe
structure located at 3582 N Hwy 112.
BACKGROUND:
The subject property is located at 3582 N Hwy 112, located one lot east of the intersection of N Hwy 112 and
W Van Asche Dr. The owner listed with the Washington County Assessor is GRL 112 LLC., which the
Arkansas Secretary of State lists as a revoked corporation. Due to a citizen complaint, staff inspected the
property on April 9, 2026. The inspection revealed a burned-out commercial building that caught fire on
October 15, 2024, according to Fayetteville Fire Department records. Staff opened a raze and removal code
case, and mailed the owners a notice of violation. A signed certified mail receipt card was received by staff on
April 24, 2026. Staff inspections show no actions were taken to correct the property.
DISCUSSION:
This address includes a single story, 6,894-square foot, commercial building and several outbuildings and
accessory structures. Additionally, multiple vehicles and trailers can be found alongside material and debris.
The main building caught fire and is unsalvageable. While some walls and roof bracing remain intact, these
were compromised by the fire, leaving the building structurally unsound and unable to secure. Per 173.08 of
the Unified Development Code, City Council may determine the subject building to be unsafe, dilapidated,
unsanitary or a detriment to the public welfare. A budget adjustment will not be necessary for this raze and
removal due to existing, allocated funds for this activity. The bid for demolition is $37,500, and does include
site clean-up.
BUDGET/STAFF IMPACT:
If the property owner does not comply with the Raze and Removal order, Raze and Removal costs will be
expensed to the current budget. A lien will be placed on the property for the costs incurred.
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: 3. Staff Review Form, 4. Property Location Maps, 5. Property Photos, 6. Notice of Violation,
7. County Assessor Details and Legal Description, 8. Raze & Removal Documentation, 9. Additional
Information -Raze and Removal Liens
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2144
A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND
UNSAFE STRUCTURE ON PROPERTY OWNED BY GRL 112 LLC LOCATED AT 3582
NORTH HIGHWAY 112 IN WARD 2 IN THE CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, GRL 112 LLC is the record owner of real property, legally described in attached Exhibit
A, which is located at 3582 North Highway 112, City of Fayetteville, Washington County, Arkansas;
and
WHEREAS, the City Council has determined that a structure located on said property with the address
3582 North Highway 112 is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and
WHEREAS, GRL 112 LLC., having been properly served by sending a Notice of Violation by Certified
Mail, Return Receipt Requested to the owner’ s address of record, and, given thirty (30) days to correct
said violations, has failed to repair, or raze and remove said dilapidated, unsightly, and unsafe structure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That, by the authority granted pursuant to A.C.A. § 14-56-203, and in accordance with the
provisions of Section 173. 08 of the Fayetteville Code of Ordinances, GRL 112 LLC is hereby ordered to
raze and remove within thirty (30) days the dilapidated, unsightly, and unsafe structure located at 3582
North Highway 112, Fayetteville, Arkansas. The manner of removing said structure shall be: dismantle
by hand or bulldozer, and haul all debris to a landfill.
Section 2: That, if GRL 112 LLC does not comply with this order, the Mayor is hereby authorized to
cause the dilapidated, unsightly, and unsafe structure to be razed and removed; and a lien against the real
property shall be granted and given the City, pursuant to A.C.A. § 14-54-904, for the costs associated
therewith.
Page 1
City of Fayetteville Staff Review Form
2026-2144
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Billy Bryant 6/ 17/ 2026 BUILDING SAFETY ( 640)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a resolution ordering the Raze and Removal of a dilapidated and unsafe structure
located at 3582 N Hwy 112.
Budget Impact:
1010. 640. 6400- 5315. 04 General
Account Number Fund
50033. 2604 Raze and Removal
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 83, 000. 00
Expenses ( Actual+ Encum)$-
Available Budget $ 83, 000. 00
Does item have a direct cost? Yes Item Cost $ 37, 500. 00
Is a Budget Amendment attached? No Budget Amendment $-
Remaining Budget $ 45,500. 00
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
07/01/2026
3:33 PM
Stacy Barnes, City Attorney Paralegal
City Council
07/07/2026
2026-2144
n/a
CITY COUNCIL MEMO
2026-1194
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Dennis Sanders, Building Safety Director
FROM: Billy Bryant, Code Compliance Supervisor
SUBJECT: Raze and Removal of the Structure at 848 N Jackson Dr in Ward 3
RECOMMENDATION:
Staff recommends approval of a resolution ordering the Raze and Removal of a dilapidated and unsafe structure located
at 848 N Jackson Dr.
BACKGROUND:
The subject property is located at 848 N Jackson Dr., located between E Rockwood Trail to the south and E Jackson
Dr to the north. Staff was notified of the property through an anonymous complaint. A subsequent inspection on
January 2nd, 2025 found an abandoned house with boarded up windows, and junk and debris about the property.
Staff started a raze and removal case on that date and mailed the owner, Morgan Macdonald of Born in A Barn
Corp., a notice of violation. With no signed receipt card received, staff placarded the building on January 11th,
2025. Since placarding the notice, Ms. Macdonald reached out to staff asking what needed to be done. Staff
informed the property owner of the corrective action needed to become compliant: make repairs or demolish the
structure. Staff documented that the removal of a rotting overhang was completed and some junk and debris items
were removed in April 2025, but the property remains in a severely dilapidated state.
DISCUSSION:
This address consists of a single story, 1,292 square foot, single family dwelling which is currently unoccupied. The house
is secured with boards over the windows. Parts of the roof are failing and rotting, and the siding is rotting off the
structure in areas. The neglect this structure is suffering from is severe, leaving the structure uninhabitable. Staff
auditing of utility services indicates that the structure does not have electricity. The water account is active, but shows
no usage since February of 2025. To date no demolition permit for removal or building permits for repairs have been
issued or applied for. Per 173.08 of the Unified Development Code city council may determine the subject building to be
unsafe, dilapidated, unsanitary or a detriment to the public welfare. A budget adjustment will not be necessary for this
raze and removal due to existing, allocated funds for this activity. The bid for demolition is $11,124.00.
BUDGET/STAFF IMPACT:
If the property owner does not comply with the Raze and Removal order, Raze and Removal costs will be expensed to
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
the current budget. A lien will be placed on the property for the incurred costs.
ATTACHMENTS: 3. Staff Review Form, 4. Property Location Maps, 5. Property Photos, 6. Notice of Violation,
7. County Assessor Details and Legal Description, 8. Raze & Removal Documentation, 9. Additional
Information -Raze and Removal Liens
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-1194
st1\:*{ behavior:url(#ieooui) }
A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND
UNSAFE STRUCTURE ON PROPERTY OWNED BY BORN IN A BARN, INC. LOCATED AT
848 NORTH JACKSON DRIVE IN THE CITY OF FAYETTEVILLE, ARKANSAS
st1\:*{ behavior:url(#ieooui) }
WHEREAS, Born In a Barn, Inc., an Arkansas corporation with a forfeited charter, is the record owner
of real property legally described in attached Exhibit A, which is located at 848 North Jackson Drive,
City of Fayetteville, Washington County, Arkansas; and
WHEREAS, the City Council has determined that a structure located on said property with the address
848 North Jackson Drive is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and
WHEREAS, Born In a Barn, Inc., having been properly served by sending a Notice of Violation by
Certified Mail, Return Receipt Requested to the owner’ s address of record, and, given thirty ( 30) days to
correct said violations, has failed to repair, or raze and remove said dilapidated, unsightly, and unsafe
structure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That, by the authority granted pursuant to A.C.A. §14-56-203, and in accordance with the
provisions of Section 173.08 of the Fayetteville Code of Ordinances, Born In a Barn, Inc. is hereby
ordered to raze and remove forthwith the dilapidated, unsightly, and unsafe structure located at 848
North Jackson Drive, Fayetteville, Arkansas. The manner of removing said structure shall be:
dismantle by hand or bulldozer, and haul all debris to a landfill.
Section 2: That, if Born In a Barn, Inc. does not comply with this order, the Mayor is hereby authorized
to cause the dilapidated, unsightly, and unsafe structure to be razed and removed; and a lien against the
real property shall be granted and given the City, pursuant to A.C.A. §14-54-904, for the costs
associated therewith.
Page 1
Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
07/01/2026
3:33 PM
Stacy Barnes, City Attorney Paralegal
City Council
07/07/2026
2026-1194
n/a
CITY COUNCIL MEMO
2026-2024
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Citlali Samano, Planner
SUBJECT: VAC-2026-0005: Vacation (4307 W CACTUS PL/SCHUBER MITCHELL HOMES LLC,
516 & 517): Submitted by KARIN YORK for property located at 4307 W CACTUS PL. in
WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and CS,
COMMUNITY SERVICES and contains approximately 0.17 acres. The request is to
vacate 239 square feet of a general utility easement.
RECOMMENDATION:
Staff recommends approval of VAC-2026-0005 as shown in the attached Exhibits 'A' and 'B' and with the
following condition:
1. Any damage or relocation of any existing facilities will be at the property owner's expense.
BACKGROUND:
The subject property is located in west Fayetteville, less than 1/4 mile north-west of John L. Colbert Middle
School. The subject site is tied to the Towne West Subdivision, Phase VIII (FPL-2025-0004) that was approved
in August 2025. The subject property is split-zoned, NC, Neighborhood Conservation and CS, Community
Services and it planned to be developed with a single-family house. The subject property is not within any
overlay districts.
Request: The applicant is requesting to vacate a portion of an existing general utility easement totaling 239
square feet at the northeast portion of the proposed dwelling unit at 4307 W Cactus Pl.
DISCUSSION:
City staff recommends approval of the requested utility easement vacation. Approval of the request will facilitate
construction of a detached, single-family dwelling. The applicant has noted that there is a low voltage box from Cox
that is located at the eastern edge of the property which will remain in easement. All relevant utility providers have
submitted written consent with no objections. Staff recommends approval subject to the single condition outlined
above.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Letter of Intent, 7. Petition to Vacate, 8.
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
Survey
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2024
AN ORDINANCE TO APPROVE VAC-26-05 FOR PROPERTY LOCATED AT 4307 WEST
CACTUS PLACE IN WARD 1 TO VACATE 239 SQUARE FEET OF GENERAL UTILITY
EASEMENT
WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54-104 to vacate public
grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of general utility
easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of
general utility easement as described in Exhibit B attached to the Planning Department’ s memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department’ s memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3: This vacation approval is subject to the condition that any damage to or relocation of existing
facilities will be at the property owner/developer’ s expense.
Page 1
City of Fayetteville Staff Review Form
2026-2024
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Jonathan Curth 6/ 9/ 2026 DEVELOPMENT REVIEW ( 630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2026- 0005: Vacation ( 4307 W CACTUS PL/ SCHUBER MITCHELL HOMES LLC, 516 & 517): Submitted by KARIN
YORK for property located at 4307 W CACTUS PL. in WARD 1. The property is split-zoned NC, NEIGHBORHOOD
CONSERVATION and CS, COMMUNITY SERVICES and contains approximately 0.17 acres. The request is to vacate
239 square feet of a general utility easement.
Budget Impact:
NumberFundAccount
Project Number Project Title
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
No
No
No -$
Total Amended Budget
Expenses ( Actual+ Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Purchase Order Number: Previous Ordinance or Resolution #
V20221130
Change Order Number: Approval Date:
Original Contract Number:
Comments:
BRONCO DR
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RSF-18
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Regional Link
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Residential Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Shared-Use Paved Trail
Close Up View
VAC-2026-0005 4307 W CACTUS PL
N
0 150 300 45060075
Feet
Subject Property
1:2,400
GIS Approved
05/20/2026
The Fayetteville City Council
I am requesting a partial vacation of a utility easement on the left side of Lot 76 (4307 W. Cactus pl.
Fayetteville AR, in the Towne West subdivision phase 8). There is an existing 10 foot easement in
the left side of the lot and in order for my house to fit it will need to cross over the easement by 2. 5
feet. The only item in the easement is a cox low voltage box which is located at the very edge of the
property. Your cooperation is greatly appreciated.
Sincerely
Gary Edwards representative of Schuber Mitchell Homes.
CITY COUNCIL MEMO
2026-1944
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Planning Director
SUBJECT: RZN-2026-0015: Rezoning (NORTHWEST OF N DEANE SOLOMON ROAD AND W
VANIKE DR/DRP HOLDINGS LLC, 246 & 247): Submitted by CRAFTON TULL for
property located NORTHWEST OF N DEANE SOLOMON ROAD AND W VANIKE DR. in
WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS
PER ACRES AND CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains
approximately 36.2 acres. The request is to rezone the property to RMF-12,
RESIDENTIAL-MULTI FAMILY, 12 UNITS PER ACRE and RSF-8, RESIDENTIAL
SINGLE-FAMILY, EIGHT UNITS PER ACRE.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits ‘A’ and ‘B’.
BACKGROUND:
The subject property is in northwest Fayetteville, northwest of the intersection of N. Deane Solomon Road and
W. Vanike Drive. There are two properties in question with this request: one parcel, 765-23602-000, is
currently zoned CPZD as part of the Wilson Springs development which was established in 2003; and the
other, 765-16658-101, is currently zoned RSF-4, Residential Single-Family, 4 Units per Acre.
Request: The request is to rezone a 9.6-acre portion of the overall property from a Commercial Planned
Zoning District to RMF-12, Residential Multi-Family, 12 Units per Acre, and to rezone a 26.6-acre portion of the
site from RSF-4, Residential Single-Family, Four (4) Units per Acre to RSF-8, Residential Single-Family, Eight
8) Units per Acre.
Public Comment: Staff received public comment in favor and opposition to the request. The comments have
centered around a concern for added density in the area, existing traffic problems, especially with regards to
existing conditions on N. Deane Solomon, existing and future drainage issues, safety, added construction
traffic, concerns about how this density will interact with other recently-approved development in the area, and
disruption to existing neighborhood peace.
Land Use Compatibility: Staff finds the request to be compatible. The subject property is immediately adjacent
to subdivisions of single-family dwellings on the west and south sides, and across N. Deane Solomon to the
east is another single-family subdivision. The Clabber Creek trail currently bisects the property and acts as a
natural boundary between the two requested zoning district classifications. The westernmost parcel, 765-
16658-101, is currently zoned RSF-4, which allows for single-family residential development at a density of up
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
to four (4) units per acre, with minimum lot sizes of 70 feet, and lot areas of 8,000 sq. ft. The applicant’s
requested zoning district, RSF-8, a single-family district, allows for an incremental increase in density to eight
8) units per acre, 50-foot lot widths, and 5,000 sq. ft. lot areas. The visual difference between the zoning
districts is minimal, as evidenced by property directly west of the subject property, where a portion of the
existing subdivisions are zoned RSF-4 and RSF-8. A proposed residential link street connects W. Ika Lane to
N. Deane Solomon, which upon its completion, will help promote future connectivity between subdivisions in
this area.
The area requested for RMF-12 is currently zoned under a commercial planned zoning district that came to
fruition in 2003. The parcel in question, Lot 4 of the Springwoods plat, is currently entitled for multi-family
development under Use Unit 26, at a density of 4 units per acre. Under RMF-12, the area in question could
allow for a range of housing types, from single-, two-, three-and four-family dwellings, up to multi-family
apartment buildings. Building height under RMF-12 is limited to a maximum of three stories, which is similar to
the RSF-4 and RSF-8 districts in the area. Given the surrounding conditions, the natural barrier with the
Clabber Creek Trail and N. Deane Solomon Road, staff finds the request to rezone to RMF-12 can add density
in a harmonious and compatible way with the existing surrounding context.
The current zoning districts and the proposed zoning pattern loosely mimics the stylized theory of the Transect,
an urban design principle outlined in City Plan, which identifies successional zones ranging from nature to
urban core. The higher intensity zoning district is aligned with the higher classification street.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with adopted land use plans. While
the property has a low infill score, staff finds that this request is still in line with other City goals, such as Goal 3
which makes connected development the standard, and Goal 6, which increases housing choices by
encouraging a mixture of housing types and sizes dispersed throughout the city and in proximity to transit and
active transportation networks. This request is located along the Clabber Creek trail, and will bring additional
residential uses to an area that could benefit from an increase in housing choice.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 2-5 for this site. The
following elements of the matrix contribute to the score:
Adequate Fire Response (Station #8, 2266 W Deane Street.)
Near Sewer Main (W. Ika Lane, W. Vanike Drive., N. Deane Solomon Road)
Near Water Main (W. Ika Lane, W. Vanike Drive., N. Deane Solomon Road)
Near City Park (Underwood Park and Wilson Springs Preserve)
Near Paved Trail (Clabber Creek Trail)
DISCUSSION:
At the May 26, 2026 Planning Commission meeting, a vote of 7-0-1 forwarded the request to City Council with
a recommendation of approval; Commissioner Cabe recused. All members of the Commission present voted in
favor the request, finding it to be compatible with surroundings and with future land use goals. 25 members of
the public spoke at the meeting, with 22 in opposition and three in favor of the request. Those opposed had
concerns primarily about traffic increases and safety concerns, lack of consistency with surrounding homes
and lot sizes, tree preservation and loss of habitat on the affected properties, and existing or future drainage
issues. Those in favor voiced that the request was compatible with the surroundings, stating that generally a
variety of housing types would support broader goals about serving the housing needs within the City of
Fayetteville.
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report, 7.
Additional Information -Bill of Assurance
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-1944
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2026-15 FOR APPROXIMATELY 36.2 ACRES NORTHWEST OF NORTH DEANE
SOLOMON ROAD AND WEST VANIKE DRIVE IN WARD 4 FROM RSF-4, RESIDENTIAL
SINGLE-FAMILY, FOUR ( 4) UNITS PER ACRE AND CPZD, COMMERCIAL PLANNED
ZONING DISTRICT, TO RMF-12, RESIDENTIAL-MULTI FAMILY, 12 UNITS PER ACRE
AND RSF-8, RESIDENTIAL SINGLE-FAMILY, EIGHT (8) UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map ( Exhibit A) and the legal description ( Exhibit B) both
attached to the Planning Department’ s Agenda Memo from RSF-4, Residential Single-Family, Four (4)
Units per Acre and CPZD, Commercial Planned Zoning District, to RMF-12, Residential-Multi Family,
12 Units per Acre and RSF-8, Residential Single-Family, Eight (8) Units per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
City of Fayetteville Staff Review Form
2026-1944
Item ID
6/ 6/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Jonathan Curth 5/ 26/ 2026 DEVELOPMENT REVIEW ( 630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2026- 0015: Rezoning ( NORTHWEST OF N DEANE SOLOMON ROAD AND W VANIKE DR/ DRP HOLDINGS LLC, 246
247): Submitted by CRAFTON TULL for property located NORTHWEST OF N DEANE SOLOMON ROAD AND W
VANIKE DR. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRES AND
CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 36.2 acres. The request is to rezone
the property to RMF-12, RESIDENTIAL-MULTI FAMILY, 12 UNITS PER ACRE and RSF-8, RESIDENTIAL SINGLE-FAMILY,
EIGHT UNITS PER ACRE.
Budget Impact:
NumberFundAccount
Project Number Project Title
Budgeted Item? No Total Amended Budget
Expenses ( Actual+ Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No -$ Budget Adjustment
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
RZN-2026-0015 NORTH OF W VANIKE DR
EXHIBIT A
Close Up View
R-A
OMDEANE N
RD
SOLO
RSF-4
IKA LN HARRIER
DR
Proposed
RMF-12Subject Property
CPZDProposed
RSF-8
E
R
O
M
E
R LN
V DRVANIKEDR HARRIERNE N
Zone Current Proposed
CPZD 9.6 0.0 Neighborhood Link RMF-12 0.0 9.6
RSF-4 26.6 0.0 Residential Link
RSF-8 0.0 26.7Feet
Planned Residential Link
0 200 400 600800100Planning Area
ac1:Total 36.3Fayetteville City Limits 3,200
EXHIBIT B
REZONE DESCRIPTION – PARCEL # 765-23602-000
All of Lot 4 as shown on the Final Plat of C-PZD03-08 Springwoods in Plat Record 23A-102,
located in a part of the NW 1/4 of the NW 1/4 and in a part of the SW 1/4 of the NW 1/4 of
Section 33, Township 17 North, Range 30 West in Fayetteville, Washington County, Arkansas,
more precisely described as follows: starting at the Northwest corner of the NW 1/4 of the NW
1/4 of Section 33 for the true point of beginning; thence South 87 degrees 18 minutes 53 seconds
East 347.78 feet; thence along the right-of-way of Deane Soloman Road the following courses:
along a non tangent curve to the left, with a radius of 125.00 feet, an arc length of 109.76 feet,
and a chord of South 28 degrees 14 minutes 20 seconds West 106.27 feet; thence South 03
degrees 04 minutes 58 seconds West 588.95 feet; thence along a curve to the left having a radius
of 6885.46 feet, an arc length of 75.38 feet, and a chord of South 02 degrees 46 minutes 08
seconds West 75.38 feet; thence South 02 degrees 27 minutes 19 seconds West 641.06 feet;
thence leaving said right-of-way North 87 degrees 32 minutes 04 seconds West 295.14 feet;
thence North 02 degrees 28 minutes 26 seconds East 1402.39 feet to the true point of beginning,
containing 9.587 acres, more or less, and being subject to the right-of-way of Deane Solomon
Road and any easements or rights-of-way of record or fact.
REZONE DESCRIPTION – TRACT 2 OF PARCEL 765-16658-100 (SPLIT BY 2026SP-184)
PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER ( NE/4 NE/4) OF
SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, FAYETTEVILLE, WASHINGTON COUNTY,ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND COTTON PICKER SPINDLE IN THE SOUTHEAST FACE
OF A 10-INCH WOOD FENCE CORNER POST FOR THE NORTHEAST CORNER OF SAID
SECTION 32; THENCE ALONG THE EAST LINE OF SAID SECTION 32, SOUTH 02°30'12"
WEST A DISTANCE OF 447.57 FEET TO A SET 5/8" REBAR WITH CAP "1944" FOR THE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE, SOUTH
02°30'12" WEST A DISTANCE OF 875.00 FEET TO A FOUND 5/8" REBAR WITH CAP FOR
THE SOUTHEAST CORNER OF SAID NE/4 NE/4; THENCE ALONG THE SOUTH LINE
OF SAID NE/4 NE/4, NORTH 87°25'13" WEST A DISTANCE OF 1323.39 FEET TO A SET
5/8" REBAR WITH CAP STAMPED "1944" FOR THE SOUTHWEST CORNER OF SAID
NE/4 NE/4; THENCE ALONG THE WEST LINE OF SAID NE/4 NE/4, NORTH 02°27'24"
EAST A DISTANCE OF 875.00 FEET TO A SET 5/8" REBAR WITH CAP STAMPED " 1944";
THENCE SOUTH 87°25'13" EAST A DISTANCE OF 1324.10 FEET TO THE POINT OF
BEGINNING, CONTAINING 26.59 ACRES, MORE OR LESS, AND BEING SUBJECT TO
ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD OR FACT.
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Planning Director
MEETING DATE: May 26, 2026 Updated with final results
SUBJECT: RZN-2026-0015: Rezoning ( NORTHWEST OF N DEANE SOLOMON
ROAD AND W VANIKE DR/DRP HOLDINGS LLC, 246 & 247): Submitted
by CRAFTON TULL for property located NORTHWEST OF N DEANE
SOLOMON ROAD AND W VANIKE DR. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRES AND CPZD,
COMMERCIAL PLANNED ZONING DISTRICT and contains
approximately 36.2 acres. The request is to rezone the property to RMF-
12, RESIDENTIAL-MULTI FAMILY, 12 UNITS PER ACRE and RSF-8,
RESIDENTIAL SINGLE-FAMILY, EIGHT UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2026-0015 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
I move to forward RZN-2026-0015 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in northwest Fayetteville, northwest of the intersection of N. Deane
Solomon Road and W. Vanike Drive. There are two properties in question with this request : one
parcel, 765-23602-000, is currently zoned CPZD as part of the Wilson Springs development which
was established in 2003; and the other, 765-16658-101, is currently zoned RSF-4, Residential
Single-Family, 4 Units per Acre. The overall property was previously owned by the Fayetteville
Public School district and transferred to a private developer in spring 2026 following the approval
of a lot split ( LSP-2026-0013); the school district is not the representative on this request to
rezone. Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Undeveloped RSF-4, Residential Single-Family, Four Units per Acre;
R-A, Residential Agricultural
South Single-Family Residential RSF-4, Residential Single-Family, Four Units per Acre
East Single-Family Residential CPZD, Commercial Planned Zoning District
West Single-Family Residential RSF-4, Residential Single-Family, Four Units per Acre
Request: The request is to rezone a 9.6-acre portion of the overall property from a Commercial
Planned Zoning District to RMF-12, Residential Multi-Family, 12 Units per Acre, and to rezone a
26.6-acre portion of the site from RSF-4, Residential Single-Family, 4 Units per Acre to RSF-8,
Residential Single-Family, 8 Units per Acre.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 1 of 56
Public Comment: To date, staff has received public comment in opposition to the request. The
comments have centered around a concern for added density in the area, existing traffic
problems, especially with regards to existing conditions on N. Deane Solomon, existing and future
drainage issues, safety, added construction traffic, concerns about how this density will interact
with other recently-approved development in the area, and disruption to existing neighborhood
peace.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has street frontage along North Deane Solomon Road, which is
a partially-improved Neighborhood Link Street with asphalt paving and open
ditches. The subject area also has a street frontage along West Ika Lane and along
North Nevermore Lane, with are both fully improved Residential Link Streets with
asphalt paving, sidewalk and curb and gutter. Any street improvements required
in these areas would be determined at the time of the development proposal. Any
additional improvements or requirements for drainage will be determined at time
of development.
Water: Public water is available to the subject area. An existing 12-inch water main is
present along the east side of North Deane Solomon Road. An existing 8-inch
water main is present along the east side of North Nevermore Lane, and an
existing 12-inch water main is present at the end of West Ika Lane.
Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is
present at the end of West Ika Lane. Two existing 8-inch sewer mains are present
along the south side of the subject property. There are known wet weather sewer
capacity issues identified in the City’s 2025 Sewer Master Plan that appear directly
in front of the property in the system.
Drainage: No portion of the property has a protected stream, lies within the Hillside-Hilltop
overlay district, or is impacted by a FEMA floodplain.
There are hydric soils present on site. Hydric soils are a known indicator of
wetlands. However, for an area to be classified as wetlands, it may also need
other characteristics such as hydrophytes ( plants that grow in water), and shallow
water during parts of the year. Hydric Soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It’s important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 8, located at 2266 W Deane St., protects this site. The property is located
approximately 1.7 miles from the fire station with an anticipated drive time of
approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 minutes. Fire Department response time is calculated
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 2 of 56
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning districts RSF-8, Residential Single-Family, 8 Units per Acre
and RMF-12, Residential Multi-Family, 12 Units per Acre require 20% minimum
canopy preservation. The current zoning districts RSF-4, Residential Single-
Family, 4 Units per Acre and CPZD require 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Civic Institutional and Residential
Neighborhood.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low-intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
Civic Institutional Areas are dedicated for buildings generally operated by not-for-profit
organizations dedicated to culture, government, education or transit and municipal parking.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 2-5 for this
site with a weighted score of 4.5. The following elements of the matrix contribute to the score:
Adequate Fire Response (Station #8, 2266 W Deane Street.)
Near Sewer Main (W. Ika Lane, W. Vanike Drive., N. Deane Solomon Road)
Near Water Main (W. Ika Lane, W. Vanike Drive., N. Deane Solomon Road)
Near City Park (Underwood Park and Wilson Springs Preserve)
Near Paved Trail (Clabber Creek Trail)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible. The subject
property is immediately adjacent to subdivisions of single-family dwellings
on the west and south sides, and across N. Deane Solomon to the east is
another single-family subdivision. The Clabber Creek trail currently bisects
the property and acts as a natural boundary between the two requested
zoning district classifications. The westernmost parcel, 765-16658-101, is
currently zoned RSF-4, which allows for single-family residential
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 3 of 56
development at a density of up to 4 units per acre, with minimum lot sizes of
70 feet, and lot areas of 8,000 sq. ft.The applicant’s requested zoning district,
RSF-8, a single-family district, allows for an incremental increase in density
to 8 units per acre, 50-foot lot widths, and 5,000 sq. ft. lot areas. The visual
difference between the zoning districts is minimal, and can be seen directly
west of the subject property, where a portion of the existing subdivisions are
zoned between RSF-4 and RSF-8. A proposed residential link street also
connects W. Ika Lane ultimately to N. Deane Solomon, which upon its
completion, will help promote future connectivity between subdivisions in
this area. (Exhibit 1 attached).
The area requested for RMF-12 is currently zoned under a commercial
planned zoning district that came to fruition in 2003. The lot in question, Lot
4, is currently entitled to only Use Unit 26, multi-family apartment buildings
at a density of 4 units per acre. Under RMF-12, the area in question could
allow for a wider range of housing types, from single-, two-, three-and four-
family dwellings, up to multi-family apartment buildings. Building height
under RMF-12 is limited to a maximum of three stories. Given the
surrounding conditions, the natural barrier with the Clabber Creek Trail and
N. Deane Solomon Road, staff finds the request to rezone to RMF-12 can add
density in a harmonious and compatible way with the existing surrounding
context.
The current zoning districts and the proposed zoning pattern loosely mimics
the stylized theory of the Transect, an urban design principle often spoken
about by New Urbanists, which identifies six successional zones ranging
from nature to urban core. The higher intensity zoning district is aligned with
the higher classification street. (Exhibit 2 attached).
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent
with the property’s Future Land Use Map designation, even though the map
indicates most of this property to be set aside as a Civic/Institutional Area.
This designation is a result of the Fayetteville School District’s ownership of
the property at the time the Future Land Use Map was developed. Since the
school district has transferred a portion of that area, staff would argue that
the Residential Neighborhood Area designation would be a likely candidate
for consideration at the next opportunity for amendment. While the property
has a low infill score, staff finds that this request is still in line with other City
goals, such as Goal 3 which makes connected development the standard,
and Goal 6, which increases housing choices by encouraging a mixture of
housing types and sizes dispersed throughout the city and in proximity to
transit and active transportation networks. This request is located along the
Clabber Creek trail, and will bring additional residential uses to an area that
could benefit from an increase in housing choice.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds there is justification to rezone the property from RSF-4 to RSF-8
and from the existing CPZD to the standard zoning district of RMF-12. This
rezoning could allow for additional, compatible, single-family homes in an
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 4 of 56
area already established as a single-family neighborhood, and allow for the
insertion of additional, slightly higher density housing types along N. Deane
Solomon. The insertion of compatible housing types of appropriate scale
and context is directly in line with the City’s goals for creating
neighborhoods that are compact and complete, and serve a variety of
housing needs.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that rezoning the property could increase traffic in this area, but
so also could allowable uses and density under the current zoning
entitlement offered by the property. Rezoning is not likely to overburden the
existing infrastructure in a measurable way that would be significantly
different than the by-right allowances. Any street improvements required in
this area would be determined at the time of a development proposal. Staff
recognizes that N. Deane Solomon currently acts as a parallel route to HWY
112 for traffic coming into the City from the north. Though it is currently
underimproved to the typical master street plan standards, N. Deane
Solomon has been classified as a Neighborhood Link Street, symbolizing the
City’s goal for improving that road to allow for added capacity. It is highly
likely that this development will be responsible for making any necessary
improvements proportional to their impact along N. Deane Solomon, and/or
any offset impact as necessary.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from RSF-4 to RSF-8 and from the existing CPZD
standards to RMF-12 will alter the population density in this area. However,
given the presence of existing public infrastructure ( water and sewer),
nearby trails and other bike infrastructure staff finds that the proposed
rezoning is not likely to increase the load on public services to an
undesirable degree. There are also known wet weather sewer capacity
issues identified in the City’s 2021 Sewer Master Plan that appear in the
system on this property. Any requirements to upsize those services would
be evaluated at the time of a future development. Further, of note, should
any wetlands be present on the property, the developer would be
responsible for meeting any requirements set forth by the Army Corps of
Engineers, and would be determined at the time of future development.
Fayetteville Public Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 5 of 56
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2026-0015 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: May 26, 2026 Tabled Forwarded Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
One Mile Map
Close-Up Map
Current Land Use Map
Future Land Use Map
Unified Development Code
o §161.07 District RSF-4, Residential Single-Family — Four (4) Units Per Acre
o §161.09 District RSF-8, Residential Single-Family — Eight (8) Units Per Acre
o §161.14 District RMF-12, Residential Multi-Family — Twelve (12) Units Per
Acre
o ORD 4523 Exhibit
Long-Range Planning Memo
Staff Exhibit
Request Letter
Applicant Exhibit
Public Comment
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 6 of 56
McGetrick
Brewer
7-0-1 (Cabe recused)
X
with a
recommendation
of approval
RZN-2026-0015 NORTH OF W VANIKE DR
One Mile View N
UT0 50.0.25 0. Miles13 I-1
NS-G
CS
RMF-18
R-A
RMF-12
RSF-4
DEANESOLOMONRD
RSF-8 Subject Property
CPZD
P-1
RSF-1
RPZD
Neighborhood Link
Unclassified
Residential Link
Planned Residential Link
Shared-Use Paved Trail
Trail ( Proposed)
Design Overlay District
Fayetteville City Limits Planning Area
Planning Area Fayetteville City Limits
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 7 of 56
RZN-2026-0015 NORTH OF W VANIKE DR
Close Up View
R-A
D
OMDEANE N
R
SOLO
RSF-4
IKA LN HARRIER
DR
Proposed
RMF-12Subject Property
CPZDProposed
RSF-8
E
R
O
M
E
R LN
V DRVANIKEDR HARRIERNE N
Zone Current Proposed
CPZD 9.6 0.0 Neighborhood Link RMF-12 0.0 9.6
RSF-4 26.6 0.0 Residential Link
RSF-8 0.0 26.7Feet
Planned Residential Link
0 200 400 600800100Planning Area
ac1:Total 36.3Fayetteville City Limits 3,200
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 8 of 56
RZN-2026-0015 NORTH OF W VANIKE DR
Current Land Use N
Single-
Family
Residential
Neighborhood Link
Residential Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Undeveloped
RD
NE
O N
A
DE M
SOLO
Single-
Subject Property Family
Residential
Single-Family Residential
2025 Imagery | EagleView Technologies | Surdex Corporation
Feet
0 5 225 450 675900112.
1:3,600
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 9 of 56
RZN-2026-0015 NORTH OF W VANIKE DR
Future Land Use N
Neighborhood Link
Unclassified
Residential Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Trail ( Proposed)
Design Overlay District
Residential
Neighborhood
Civic
Institutional
Subject Property
Feet
0 440305610 1,220 1,830 2,
1:10,000
City
Neighborhood
Urban Center
Natural
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Planning Commission
May 26, 2026
Page 10 of 56
RZN-2026-0015 (DRP HOLDINGS LLC)
161.07 District RSF-4, Residential Single-Family — Four (4) Units Per Acre
A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
B) Uses.
1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
C) Density.
Single-family Two-family
dwellings dwellings
Units per acre 4 or less 7 or less
D) Bulk and Area Regulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 feet 80 feet
Lot area minimum 8,000 square feet 12,000 square feet
Land area per 8,000 square feet 6,000 square feet
dwelling unit
Hillside Overlay 60 feet 70 feet
District Lot minimum
width
Hillside Overlay 8,000 square feet 12,000 square feet
District Lot area
minimum
Land area per 8,000 square feet 6,000 square feet
dwelling unit
E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
F) Building Height Regulations.
Building Height Maximum 3 stories
G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
Ord. No. 6945, §5(Exh. D), 12-16-25)
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
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161.09 District RSF-8, Residential Single-Family — Eight (8) Units Per Acre
A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to
allow for the development of new single-family residential areas with similar lot size, density, and land use as
the historical neighborhoods in the downtown area.
B) Uses.
1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
C) Density.
By Right
Single-family dwelling units per 8 or less
acre
D) Bulk and Area Regulations.
1) Lot Width Minimum.
Single-family 50 feet
Two-family 50 feet
Townhouse, no more than two 25 feet
2) attached
2) Lot Area Minimum.
Single-family 5,000 square feet
Two-family 5,000 square feet
3) Land Area Per Dwelling Unit.
Single-family 5,000 square feet
Two-family 5,000 square feet
Townhouse, no more than two 2,500 square feet
2) attached
E) Setback Requirements.
Front Side Rear
15 feet 5 feet 5 feet
F) Height Regulations.
Building Height Maximum 3 stories
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 12 of 56
G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a
detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total
lot area. Accessory ground mounted solar energy systems shall not be considered buildings.
Ord. No. 6945, §5(Exh. D), 12-16-25)
161.14 District RMF-12, Residential Multi-Family — Twelve (12) Units Per Acre
A) Purpose. The RMF-12 Multi-family Residential District is designed to permit and encourage the development of
multi-family residences at a moderate density that is appropriate to the area.
B) Uses.
1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-and four-family dwellings
Unit 26 Multi-family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 46 Short-term rentals
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit 12a Limited business
Unit 24 Home occupations
Unit 25 Professional offices
Unit 36 Wireless communications facilities
Unit 48 Private dormitories
C) Density.
Units per acre 12 or less
D) Bulk and Area Regulations.
1) Lot Width Minimum.
Manufactured home park 100 feet
Lot within a manufactured home 50 feet
park
Single-family 45 feet
Two-family 45 feet
Three-family or more 80 feet
Professional offices 100 feet
2) Lot Area Minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 square feet
park
Townhouse: Individual lot 2,500 square feet
Single-family 4,500 square feet
Two-family 6,000 square feet
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 13 of 56
Three-family or more 9,000 square feet
Fraternity or Sorority 2 acres
Professional offices 1 acre
3) Land Area Per Dwelling Unit.
Manufactured home 3,000 square feet
E) Setback Requirements.
Front
A build-to zone that is
located between the front
property line and a line 25
feet from the front property
line.
Side Other
Uses
8 feet
Side Single
Two-
family
5 feet
Rear Other
Uses
20 feet
Rear
Single-
family
5 feet
F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building setback greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single -family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between
the total height of that portion of the building, and two (2) stories.
G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
H) Minimum buildable street frontage. 50% of the lot width.
Ord. No. 6945, §5(Exh. D), 12-16-25)
Planning Commission
May 26, 2026
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CPZD: ORD 4523
Portion of site in question
Planning Commission
May 26, 2026
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Page 15 of 56
CPZD: ORD 4523
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 16 of 56
TO: Jessie Masters, Planning Director
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: May 26, 2026
SUBJECT: Long Range Planning Comments Regarding RZN-2026-0015
BACKGROUND:
The applicant requests to rezone approximately 36.2 acres from RSF-4, Residential Single-
Family, Four Units Per Acre and CPZD, Commercial Planned Zoning District to RSF-8,
Residential Single-Family, Eight Units Per Acre and RMF-12, Residential Multi-Family, Twelve
Units Per Acre. One long range planning document is relevant when evaluating this request:
City Plan 2040.
City Plan 2040 (2020):
City Plan 2040 includes several relevant plan goals and objectives:
Goal 1 – We will make appropriate infill and revitalization our highest priority.
Goal 2 – We will discourage suburban sprawl.
Goal 3 – We will make compact, complete, and connected development the standard.
Goal 6 – We will create opportunities for attainable housing.
o 3.6.1 -Increase housing choices by encouraging a mixture of housing types and
sizes dispersed throughout the city and in proximity to transit and active
transportation networks. (p.45)
On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive
plans and organized them into six primary goals. The goals were meant to focus the City’s
efforts on appropriate infill that furthers a variety of transportation options, supports the creation
of attainable housing, and limits the amount of land consumed by development on the City’s
periphery, often termed “suburban sprawl”.
DISCUSSION:
Zoning History:
The subject property was annexed into the City through two petitions. The first, for the portion
immediately adjacent to N. Deane Solomon Rd., was approved on August 7, 1967. Ordinance
1747 approved on June 29, 1970 enacted a new zoning map and set of districts and zoning
requirements for the city. This map shows the subject property as zoned into the low-density “R-
1” zoning district, which was subsequently translated to “RSF-4” with the adoption of the city’s
Unified Development Code. This area was rezoned in 2003 to CPZD with the approval of the
Springwoods CPZD which proposed multi-family dwellings at a density of “4 residential units per
acre” over a total of 10.70 acres on Lot #4.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 17 of 56
Figure 1. Excerpt from Ord. 4523 pg. 4 identifying use units within the Springwoods CPZD.
The second area subject to this request, located further west and adjacent to Cobblestone
phases two and three, was annexed in 2004 and subsequently zoned RSF-4, Residential
Single-Family, Four Units Per Acre.
City Plan 2040 and Future Land Use Plan:
Much of this area is designated as “ Civic Institutional” on the Future Land Use Map. This
designation is a result of the Fayetteville School District’s ownership of this property at the time
of development of the FLUM. Since it is apparent that the school district no longer has plans to
develop the property with an institutional use, alternative future land uses should be explored,
including “ Residential Neighborhood” which is immediately adjacent to the property. Residential
Neighborhood areas are “ primarily residential in nature and support a wide variety of housing
types of appropriate scale and context.” The request aligns with this designation by increasing
the potential density slightly, from four to eight units per acre while retaining the single-family
development pattern along most of the site.
The portion proposed as RMF-12 is similarly appropriate as it is designated as a “Residential
Neighborhood” on the FLUM. This request would increase density of units slightly and add
additional housing types by right, including multi-family, in an area that is already designated for
such development via the CPZD. Rezoning from a PZD to standard zoning districts would clarify
zoning in the area, easing the administration and interpretation of the zoning requirements for
property owners/developers and for city staff.
The development has access to existing utilities and is well serviced by existing streets and a
planned street as outlined on the Master Street Plan. This request supports goals 1, 2, & 6 of City
Plan 2040 by providing opportunities for various housing types in an area where infrastructure
already exists.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 18 of 56
STAFF EXHIBIT
EXHIBIT 1
Source: Screenshot from City of Fayetteville Zoning Map (City of Fayetteville GIS)
EXHIBIT 2
Source: Transect Diagram, DPZ
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 19 of 56
March 15, 2026
City of Fayetteville Planning Department
125 W Mountain St
Fayetteville, AR 72701
RE: Meadows at Clabber Creek Rezoning
CT Job No. 25304500
To Whom it May Concern,
On behalf of DRP Holdings, LLC, Crafton Tull is requesting consideration for a rezoning of approximately
36.2 acres of land located west of N Deane Solomon Road and north of W Vanike Drive. The request
applies to two tracts, as outlined below:
26.59 acres-Tract 2 split from Parcel # 765-16658-100
o Current zoning: RSF-4
o Requested zoning: RSF-8
9.59 acres-All of Parcel 765-23602-000
o Current zoning: CPZD
o Requested zoning: RMF-12
Tract 2 was recently split from Parcel # 765-16658-100 by document 2026SP-184, which is included in
this submission as well as a recent Warrant Deed showing proof of ownership by DRP Holdings, LLC.
We believe the requested increase in zoning intensity is appropriate based on the following
considerations:
Surrounding Land Use and Zoning
The property proposed for RSF-8 zoning is adjacent to existing residential neighborhoods to the west
and south. The neighborhood to the west contains a mix of RSF-4 and RSF-8 zoning, and the proposed
zoning would serve as a natural extension of that development pattern.
The property proposed for RMF-12 zoning directly abuts N Deane Solomon Road to the east and the
Clabber Creek Trail to the west. This orientation presents an opportunity for multi-family development to
front Deane Solomon Road and/or the Clabber Creek Trail, which would provide a clear buffer between
the higher-density use and adjacent single-family neighborhoods.
Additionally, Underwood Park is located directly south of the property and will be accessible via the
Clabber Creek Trail. This proximity to park amenities supports the proposed increase in residential
density.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 20 of 56
Utilities
The site has direct access to three (3) existing 8-inch PVC sanitary sewer main stubs—two located to
the south and one to the west. The southern stubs connect to a 12-inch PVC main along W Vanike Drive,
which ultimately drains to the Clabber Creek 48-inch sewer interceptor. A sewer capacity study prepared
by RJN indicates no downstream capacity constraints that would limit development of the site.
Water service is similarly available, with three ( 3) existing water mains accessible to the property,
including a 12-inch PVC main to the west, an 8-inch PVC main to the south, and a 12-inch PVC main to
the east. City staff have indicated no known water pressure concerns that would impact development
feasibility.
Traffic and Connectivity
The property benefits from strong connectivity to the surrounding transportation network. It directly abuts
N Deane Solomon Road, classified as a Neighborhood Link Street. Additional access is available via an
existing north–south street stub from W Vanike Drive. An east–west Residential Link Street is also shown
through the property, connecting W Ika Lane to N Deane Solomon Road.
The site further provides direct access to the Clabber Creek Trail, which connects Trucker Drive (near
Sam’s Club) to the Clabber Creek Subdivision. The Trucker Drive connection is anticipated to ultimately
link to the Razorback Greenway via the Shiloh Trail and the existing sidepath along W Van Asche Drive.
These transportation and trail connections provide circulation and multimodal access that support the
requested increase in density. Any required traffic study or trip generation analysis would be submitted
with future development plans.
Conclusion
Overall, we believe the requested higher-intensity rezoning is appropriate given the site’s frontage on a
Neighborhood Link Street, direct access to a multi-use trail system connecting to Underwood Park and
the Razorback Greenway, compatibility with surrounding neighborhoods, and the availability of adequate
utility infrastructure.
Should you have any questions or require additional information, please do not hesitate to contact us.
Sincerely,
Conked
Conlee Hale, P.E.
Crafton Tull
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 21 of 56
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May 26, 2026
AM 34 09: 8: 2026 26/ 1/ HALE, CONLEE BY: PLOTTED LAST
AM 46 07: 8: 2026 26/ 1/ CH5207, SAVED: LAST PLOT , LAYOUT:
Page 22 of 56
Planning Commission
654321
DWG FULL. 08-CONCEPT CONCEPT\ DWG\ CIVIL\ INFRASTRUCTURE\ MEADOWSATCLABBERCREE\ 25304500_ G:\ DRAWING:RZN-2026-0015 (DRP HOLDINGS LLC)
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Public Comment
RZN-2026-0015
From: Lisa Davis <ldevine64@yahoo.com>
Sent: Monday, May 4, 2026 2:14 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026- 0015"
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To whom it may concern:
I am writing to express my opposition to this new proposed development for the reason listed
below:
Road & Safety Concerns
Deane Solomon Rd is already limited in capacity. Increased density means more congestion and
safety risks.
Traffic Hazards
Existing visibility and highway access are already challenging. Added traffic will make this worse.
Neighborhood Compatibility.
This type of high-density development may not be legally compatible with established single-family
homes due to zoning "non-compatibility."
Potential Impact
Increased noise, light pollution, and traffic strain could negatively affect quality of life and property
values.
Lisa Davis
3201 N Raven Ln
Fayetteville, AR
From: Tara Muck <taramuck@gmail.com>
Sent: Monday, May 4, 2026 2:20 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear Members of the Fayetteville Planning Commission:
I am writing to formally express my opposition to the rezoning request for the property located at
north of w Vanike Dr, west of N Deane Solomon Rd, as detailed in planning case RZN-2026-0015.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 23 of 56
Public Comment
RZN-2026-0015
My primary concerns regarding this proposal involve the impact of high -density housing on our
existing community. Speciflcally, I am concerned that this development will signiflcantly increase
traffic congestion in an area that is already heavily burdened with housing growth. Furthermore, I
believe that the transition to high-density housing in this speciflc location will negatively impact the
property values of the surrounding neighborhood. With ongoing development of rental units south
of Underwood Park, this once strong single-family community could could easily become overran
with rental units.
I respectfully request that the Planning Commission take these concerns into account and deny the
request for rezoning.
Thank you for your time and for your service to our community.
Sincerely,
Tara Muck
Property Owner
3110 W Ika Ln
Fayetteville, AR
c) 479.420.8989
From: marc davis <live4u63@yahoo.com>
Sent: Tuesday, May 5, 2026 9:04 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015"
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To whom it may concern:
I am writing to express my opposition to this new proposed development for the reason listed
below:
Road & Safety Concerns
Deane Solomon Rd is already limited in capacity. Increased density means more congestion and
safety risks.
Traffic Hazards
Existing visibility and highway access are already challenging. Added traffic will make this worse.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 24 of 56
Public Comment
RZN-2026-0015
Neighborhood Compatibility.
This type of high-density development may not be legally compatible with established single-family
homes due to zoning "non-compatibility."
Potential Impact
Increased noise, light pollution, and traffic strain could negatively affect quality of life and property
values.
Marc Davis
3201 N Raven Ln
Fayetteville, AR 72704
From: Lindsey Steiger <lsteiger@ymail.com>
Sent: Tuesday, May 5, 2026 3:27 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good afternoon,
I writing to express my opposition to this new proposed development for the reasons listed below:
Road & Safety Concerns
Deane Solomon Rd is already limited in capacity. Increased density means more congestion and
safety risks.
Traffic Hazards
Existing visibility and highway access are already challenging.
Added traffic will make this worse.
Neighborhood Compatibility
This type of high-density development may not be legally compatible with established single-family
homes due to zoning
non-compatibility."
Potential Impact
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 25 of 56
Public Comment
RZN-2026-0015
Increased noise, light pollution, and traffic strain could negatively affect quality of life and property
values.
This would be disastrous for our neighborhood, and a poor choice impacting all neighbors in the
area negatively. If I can elaborate on any of these points further, please don’t hesitate to reach out.
Thank you,
Lindsey Steiger-Muck
3110 W Ika Lane
Fayetteville, AR 72704
From: Matt Lewis <mlewy9er@hotmail.com>
Sent: Tuesday, May 5, 2026 6:41 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
I'm emailing to oppose the rezone above.
Mostly due to Neighborhood compatibility amonst established single family homes.
Potential impact with noise, light pollution, and traffic strain on an already tight and narrow road.
All of these could negatively effect quality of life and property values.
Matt.
Get Outlook for iOS
From: Masters, Jessica
Sent: Friday, May 15, 2026 5:06 PM
To: 'gregthomas615@gmail.com' <gregthomas615@gmail.com>
Subject: RE: RZN-2026-0015
Good afternoon, Greg,
Thank you for your comments and questions regarding the subject rezoning. Staff have received
your comments and they will be included in the packet that staff will prepare for the Planning
Commission. In the interim time, I have responded to your questions below in RED to the best of my
ability.
This meeting will be held on Tuesday, May 26 at 5:30 PM in City Hall at 113 W. Mountain Street, and
members of the public are invited to attend either in-person or virtually through zoom.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 26 of 56
Public Comment
RZN-2026-0015
The agenda will be published on Thursday, May 21 by 4:30 PM, and you can flnd that information
here: https://fayettevillear.portal.civicclerk.com/
If you would like to attend virtually, you can flnd that information here: https://www.fayetteville-
ar.gov/3949/Zoom-Meeting-Instructions.
Please let me know if there is anything else I can help you with in the meantime.
Jessie Masters, AICP
Planning Director
Development Services
City of Fayetteville, Arkansas
479) 575-8239
www.fayetteville-ar.gov
Website | Facebook | Twitter | Instagram | YouTube
From: Greg Thomas <gregthomas615@gmail.com>
Sent: Tuesday, May 5, 2026 9:07 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hello,
I live at 3037 N Night Heron Dr and have a few questions about the proposed Rezoning.
Thank you for the information! -Greg Thomas
what type of development would this allow? The developer is requesting to rezone a portion of the
property to RSF-8 which allows single-family homes, and a portion of the lot’s frontage along Deane
Solomon could allow for higher density housing at 12-units per acre.
why doesn’t the developer just build houses to match the rest of the neighborhood on all sides?
This is likely a question for the developer to answer, and perhaps they can shed light on this at the
public hearing. Single-family homes would be similar to the homes that are currently there.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 27 of 56
Public Comment
RZN-2026-0015
there is an area between deane Solomon and the greenway with dense mature trees. Truly the last
ones of anywhere in the area. Are those going to be torn down during construction? Staff has not yet
reviewed or seen a development proposal. Tree removal is considered at the time of development.
how does the process work? How can I get more information about the project and talk with
decision makers? Is there an open forum to ask questions? I recommend attending the Planning
Commission meeting. Information above.
Deane Solomon already has storm water overtop the road near underwood park 3-4 times a year.
Do you think this development would increase that occurrence? Developments are not permitted in
the City of Fayetteville to increase any existing stormwater issues that may already exist on a
property. This would all be evaluated at the time of development.
there are several apartment complexes being built within a half mile of this site, is there really a
need for more apartments? Or does higher density single family homes just make more sense? The
developer would have a good sense of market need for housing. The City of Fayetteville also
releases a housing assessment each year. A presentation was given at a recent City Council
meeting, and the flnal assessment should be ready soon. I recommend reaching out to Marlee
Stark (mstark@fayetteville-ar.gov) if you have any additional questions about housing needs in
Fayetteville.
does the planning department put out some sort of report? How can I get access to the
report? The report will be published by 4:30 PM on Thursday, May 21. Link and information above.
if this Rezoning passes, does the city have any requirements on the build quality of the
apartments? Such as building materials etc. The City has a robust set of development standards
that apartments are required to meet. You can view development requirements in our municipal
code. https://library.municode.com/ar/fayetteville/codes/code_of_ordinances
I’ve heard in previous meetings that it’s important to maintain the character and density of nearby
developments. Would that be a concern here with RSF-4 zoning on all sides? It depends. Housing
types of all kinds to address the housing needs of multiple types of users, ages, and abilities can
often contribute to neighborhood character, rather than detract from. Single-family homes, which is
what the developer is primarily trying to zone for, are typically considered to be compatible with
other single-family homes.
what is this area zoned for on the future land use plan? The Future Land Use Map currently
identifles some of the area as “Civic/Institutional,” likely as a refiection that this property was
recently sold by the Fayetteville Public School district. The other portion classifles this area as
Residential Neighborhood.”
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 28 of 56
Public Comment
RZN-2026-0015
Colleen,
Thank you for submitting your questions regarding the subject rezoning, and thank you for your
patience in my response.
The developer is requesting to rezone the area to allow for additional single-family homes, and
potentially some additional density and housing types along Deane Solomon. Tree removal has not
been evaluated since we do not currently have any development plans to review, but is taken into
consideration at the time of development. You can read about the City’s Tree Preservation
ordinance here:
https://library.municode.com/ar/fayetteville/codes/code_of_ordinances?nodeId=CD_ORD_TITXVU
NDECO_CH167TRPRPR. If you have additional questions about trees and landscaping
requirements, I recommend that you reach out to either Willa Thomason or Bethany Douglas, the
City’s Urban Foresters, who work daily with this portion of code.
Further, the Planning Commission meeting will be held on Tuesday, May 26 at 5:30 PM in City Hall at
113 W. Mountain Street, and members of the public are invited to attend either in -person or virtually
through zoom.
The agenda will be published on Thursday, May 21 by 4:30 PM, and you can flnd that information
here: https://fayettevillear.portal.civicclerk.com/
If you would like to attend virtually, you can flnd that information here: https://www.fayetteville-
ar.gov/3949/Zoom-Meeting-Instructions.
Thank you,
Jessie
Jessie Masters, AICP
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 29 of 56
Public Comment
RZN-2026-0015
Planning Director
Development Services
City of Fayetteville, Arkansas
479) 575-8239
www.fayetteville-ar.gov
Website | Facebook | Twitter | Instagram | YouTube
From: Colleen Boyle <colleen.boyle2020@gmail.com>
Sent: Tuesday, May 12, 2026 8:43 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Re: Opposition to RZN-20-26-0015 & Questions
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good evening,
I just wanted to follow up on the below email to see if any input could be provided?
Thank you!
On Thu, May 7, 2026 at 3:00 PM Colleen Boyle <colleen.boyle2020@gmail.com> wrote:
Hello,
I am writing regarding RZN 20-26-0015. Generally speaking, I understand and support development
as a necessary part of a growing city like Fayetteville. That said, I also deeply value the sense of
community and access to green space that makes Fayetteville unique.
This particular request proposes rezoning and potential development of land located between
Deanne Solomon Road and the Greenway. As I understand it, this area represents one of the last
remaining urban forests in Fayetteville. Because of that, I have several questions regarding the
development potential of this speciflc tract.
Can you speak to what level of development is anticipated for this area? Will the existing mature
trees be removed? What impact will the project have on the current wildlife habitat, including birds,
bats, owls, eagles, and deer? Additionally, are there any requirements or expectations for the
developer to preserve green space or existing trees within the development area?
I appreciate the work you are doing on this project and look forward to your response.
Thank you,
Colleen Boyle
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 30 of 56
Public Comment
RZN-2026-0015
From: a.braun@aol.com <a.braun@aol.com>
Sent: Thursday, May 7, 2026 6:14 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Opposition to RZN-2026-0015
My property backs up to what I was told was future school development many years down the
road. None of the neightbors were advised thatthere was an under the table land swap of
ownership. That in itself is a pretty shady deal and and should have had advance notiflcation to the
adjoining neighbors. There was NO NOTIFICATION.
Nor was their a notiflcation of the new owners planning to rezone and bring down our property
values.
I am 100% against multifamily housing in an area that is predominately single family homes.
It will decrease our property values.
It will greatly increase traffic.
It will increase the noise level of a neighborhood that is currently very peaceful.
The new park will also greatly increase traffic and noise and litter.
Clabber Creek trail is POORLY maintained by the city - They only mowed twice last year, and even
today it is quite an eye sore. The city does not maintain the water overfiow channel from the lake in
the park area. This runs along side my property line. This channel is full of pests, litter, and foul
smelling water - the city services should be ashamed of they way they manage public areas.
Please keep me advised of any and all meetings on the rezoning. Ido not wish this to move
forward. If they are insistent on developing the land they should retain the zoning currently in place
4 lots max per acre.
My email is a.braun@aol.com
My cell is 714-300-3186
My address is 2508 Vanike Drive West, Fayetteville, AR 72704
Anna Braun
Original Message-----
From: julie wray <jules_13_2000@yahoo.com>
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 31 of 56
Public Comment
RZN-2026-0015
Sent: Friday, May 8, 2026 8:34 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
I’m writing in opposition to the high density development being proposed near my home on Raven
Lane. My concerns include road and safety issues, traffic hazards, neighborhood compatibility and
property value impacts. I want to protect the quality of life we enjoy in our neighborhood.
Sincerely concerned,
Julia Billings
2927 N Raven
Fayetteville AR
Sent from my iPhone
From: John Zumbro <jezumbro@gmail.com>
Sent: Friday, May 8, 2026 12:05 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear Fayetteville Planning Commission and City Council Members,
I am writing as a resident of the neighborhood adjacent to the proposed rezoning under case RZN-
2026-0015 to formally express my opposition to this high-density development. My concerns are
grounded not only in the immediate impacts to our neighborhood, but in documented research and
local precedent.
Traffic and Road Safety
Deane Solomon Road is a narrow two-lane collector with open drainage ditches and well-
documented visibility problems at the Highway 112 intersection — concerns raised formally before
this Commission as recently as 2021 during the Lewis Automotive rezoning (ultimately denied 8-1
by the Planning Commission). High-density multifamily developments generate 4–7 vehicle trips
per unit per day per Institute of Transportation Engineers standards — substantially more than
adjacent single-family uses. Without dedicated infrastructure improvements, this traffic will spill
onto neighborhood streets including Ika, Vanike, and Evermore, converting them into cut-through
corridors. ARDOT is currently widening Highway 112 from two to four lanes between Truckers Drive
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 32 of 56
Public Comment
RZN-2026-0015
and Howard Nickell Road (project 25-190) — evidence of recognized traffic growth pressure in this
exact corridor. Adding density before that work is complete and before Deane Solomon Road is
upgraded compounds the risk.
I ask that a full traffic impact study with level-of-service analysis for Deane Solomon Road and all
adjacent neighborhood streets be required before any approval.
Zoning Compatibility
Under UDC §154.03(A)(3), every private rezoning application must include "a statement explaining
the compatibility of this proposed rezoning with neighboring property and explaining why the
proposed rezoning will not unreasonably adversely affect or confiict with surrounding land uses."
This is a legal review criterion — not a formality. The Commission is required to evaluate that
statement on its merits.
A stark density jump abutting established single-family homes, with no transition buffer and
inadequate road infrastructure, does not meet this standard. The Planning Commission' s own
language from the February 2026 rezoning at 900 E. Ash Street is instructive: Commissioner Brad
Payne noted that "a risk is flne as long as you are not a member of the neighborhood being
impacted by an incompatible development" — and that rezoning passed only 5-4.
I ask that the Commission make written flndings on compatibility before any vote.
Property Values and Quality of Life
Increased traffic volume, artiflcial light spillover, noise from a dense multifamily complex, and
pressure on stormwater systems (Clabber Creek fiooding has been a documented concern in this
watershed) collectively degrade quality of life and can suppress property values for adjacent single-
family owners. These effects are difficult to mitigate retroactively once development is built.
Request
I ask that the Commission:
1. Require a full traffic impact study with level-of-service analysis for Deane Solomon Road and all
adjacent neighborhood streets before any approval.
2. Make written flndings of fact on UDC § 154. 03( A)( 3) compatibility — not just accept the
applicant' s statement at face value.
3. Deny or signiflcantly condition RZN-2026-0015 until infrastructure capacity and neighborhood
compatibility can be demonstrated.
This community has been vocal and engaged before — and that engagement has made a
difference. I respectfully ask that you give this proposal the full scrutiny it deserves.
Thank you for your service to Fayetteville.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 33 of 56
Public Comment
RZN-2026-0015
Sincerely,
John Zumbro
2885 W Vanike Dr
jezumbro@gmail.com
From: William BIllings <willbill1995@gmail.com>
Sent: Friday, May 8, 2026 2:53 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026- 0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
I’m writing in opposition to the high density development being proposed near my home on Raven
Lane. My concerns include road and safety issues, traffic hazards, neighborhood compatibility and
property value impacts. I want to protect the quality of life we enjoy in our neighborhood. Not to
mention the effect on local wildlife and the natural feel of the area. More housing wouldnt offset the
cons to this situation and put us furth behind from transportation infastructure point view.
Thanks,
William Seth Billings
From: Masters, Jessica
Sent: Monday, May 18, 2026 9:39 AM
To: Steve Barthol <swb729@gmail.com>
Subject: RE: RZN 2026-0015
Good morning, Steve,
Thank you for the follow-up question. The Master Street Plan is a planning document that identifles
what the City would like to see for streets in the future. If and when development occurs along
Deane Solomon, it would be likely that the developer would be on the hook for building out their
portion of the street. The City may not have any plans to improve Deane Solomon at this time, but
analyzes needs as developments occur.
Hopefully this is helpful. Let me know if you have any additional questions.
Jessie
Jessie Masters, AICP
Planning Director
Development Services
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 34 of 56
Public Comment
RZN-2026-0015
City of Fayetteville, Arkansas
479) 575-8239
www.fayetteville-ar.gov
Website | Facebook | Twitter | Instagram | YouTube
Please note that Planning is currently short-staffed and that communications and review
times may increase as a result. Please bear with us in the interim.
From: Steve Barthol <swb729@gmail.com>
Sent: Monday, May 11, 2026 11:17 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Re: RZN 2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
I looked at the master street plan and Deane Solomon is classifled as a collector street but doesn’t
seem to meet the criteria based on the deflnition. Are there plans to improve it? It is so narrow with
no shoulder and horrible for any type of cycling or foot traffic already. The increased traffic from the
approved development on the golf course plus Underwood Park will overwhelm it making it
extremely unsafe for all.
On May 11, 2026, at 9:00 AM, Masters, Jessica <jmasters@fayetteville-ar.gov> wrote:
Steve,
Thank you for the follow up email. The best way to get your voices heard by the Commission is
exactly this – emailing City staff, and we will include written comment in the report. Further, the
meeting will be open to the public, and individuals will each have 3 minutes to provide the
Commission comment at that meeting as well.
I have been queueing up a number of emails I have received on the item and plan to provide
additional follow up information shortly. Please don’t hesitate to reach out if you have questions,
and please feel free to forward my information along to those you have spoken with as well.
Thank you,
Jessie
Jessie Masters, AICP
Planning Director
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 35 of 56
Public Comment
RZN-2026-0015
From: Steve Barthol <swb729@gmail.com>
Sent: Saturday, May 9, 2026 8:28 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Re: RZN 2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hi Jessie,
I have been talking with neighbors and actually now have the answers to those questions that I sent
you.
One of the neighbors told me that you are leading this project and that you are extremely busy. I
appreciate you helping all of us concern neighbors.
I, like all of the other neighbors, am adamantly opposed to re-zoning this land for multi-family,
higher density dwellings. What would you recommend as the best way for us to voice our concerns
and does the person making the request for the rezoning have to present a convincing case to the
planning commission in order for the planning commission to change the existing zoning?
Thank you,
Steve Barthol
3017 N Raven Ln
On May 7, 2026, at 8:10 AM, Steve Barthol <swb729@gmail.com> wrote:
Jessie,
Has anything been clarifled on ownership or consent of owner for the rezoning request?
Also, do you know if the public notice signs for the rezoning request have been posted?
Thanks,
Steve
On Mon, May 4, 2026 at 8:23 AM Masters, Jessica <jmasters@fayetteville-ar.gov> wrote:
Steve,
Thank you for asking. I am actually already in communication with this applicant regarding the
correct consent of owner. I am hoping to hear back from them this week to clarify whether the
property has already transferred to DRP. The school district was working to sell a portion of the
property to that entity.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 36 of 56
Public Comment
RZN-2026-0015
Feel free to reach back out within the next couple days and I should have a flnal answer by then.
Thank you,
Jessie
Jessie Masters, AICP
Planning Director
Development Services
City of Fayetteville, Arkansas
479) 575-8239
www.fayetteville-ar.gov
Website | Facebook | Twitter | Instagram | YouTube
From: Steve Barthol <swb729@gmail.com>
Sent: Friday, May 1, 2026 4:16 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Re: RZN 2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
How is DRP holdings able to request rezoning when the Fayetteville school district owns most of
this land? The two northern parcels are owned by the Fayetteville school District.
On May 1, 2026, at 1:17 PM, Masters, Jessica <jmasters@fayetteville-ar.gov> wrote:
Steve,
Thank you for following up via email. The subject item is currently queuing up for the May 26
Planning Commission hearing. Neighbors can feel free to email or call me and I will make sure
comments get incorporated into staff's flnal report to the Planning Commission. Further, members
of the public may plan to attend the Planning Commission on that day, beginning at 5:30 PM. Please
note that it will be on a Tuesday that week, in City Hall room 101, rather than a Monday, due to the
Memorial Day holiday.
More information closer to the meeting can be found here: https://www.fayetteville-
ar.gov/3947/Public-Meetings-Agendas-Minutes-and-Vide
Let me know if you have any questions.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 37 of 56
Public Comment
RZN-2026-0015
Jessie
Jessie Masters, AICP
Planning Director
Development Services
City of Fayetteville, Arkansas
479) 575-8239
www.fayetteville-ar.gov
Website | Facebook | Twitter | Instagram | YouTube
Original Message-----
From: Steve Barthol <swb729@gmail.com>
Sent: Friday, May 1, 2026 1:05 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: RZN 2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Jessie,
I left a voicemail earlier today, but email may be more convenient. I was wanting to know if you
can tell me what stage of the planning process this item is currently in? Also, what are the steps in
the process going forward and what is the best way for neighbors to voice their concerns and have
their questions answered?
Thanks
Steve Barthol
From: Jammie Ackerman <jammanne@gmail.com>
Sent: Friday, May 8, 2026 5:25 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
I am writing in opposition to this proposed high density development affecting my neighborhood. I
have owned my home 11 years on Verona Ln. and highly oppose his development.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 38 of 56
Public Comment
RZN-2026-0015
From: Gene Bennett <bennettgene360@gmail.com>
Sent: Sunday, May 10, 2026 2:06 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026- 0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear Planning
I am writing to express several concerns regarding the recent rezoning request. While I support
affordable housing for Fayetteville, I believe our neighborhood has already contributed signiflcantly,
especially following the approval of 274 rental units just south of our location.
My speciflc concerns are as follows:
1. Flooding Risks: Over the past ten years, water has reached within 15 feet of my back door. I am
worried that increasing the amount of developed ground cover will lead to serious fiooding issues.
2. Traffic Congestion: Traffic on Vanike Drive is currently at capacity, as it serves as a major
thoroughfare for other neighborhoods.
3. Property Values: The introduction of structures that are not comparable to the existing
neighborhood will likely reduce our property values.
4. Road Infrastructure: Deane Solomon is already too narrow to support current traffic, even before
considering the impact of the 274 units that have already been approved.
Thank you for your time and for considering these points.
Sincerely,
Billy (Gene) Bennett
bennettgene360@gmail.com
479-466-9725
2652 W Vanike Drive
From: Jamie Gardiner <jamiekayg@gmail.com>
Sent: Monday, May 11, 2026 3:31 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>; Planning Shared <planning@fayetteville-
ar.gov>
Subject: RZN-2026-0015 (North of Vanike Dr)- Formal Opposition to Rezoning RMF-12 and RSF-8
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hello,
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 39 of 56
Public Comment
RZN-2026-0015
I am writing to voice my opposition to the proposed rezoning of the Fayetteville property located
North of Vanike Drive.
As a homeowner on West Ika Lane, located only three houses away from the proposed rezoning
property, I am very concerned about the impact this increased density will have on the character
and safety of our immediate neighborhood, as well as the wildlife.
I recently relocated to Fayetteville from Portland, Oregon, speciflcally seeking the peaceful quality
of life the city offers. Having experienced flrsthand the negative impacts of rapid, unchecked
overpopulation and the resulting increase in crime and infrastructure strain in Portland, I am not
only very sad, but also very wary of seeing those same patterns emerge here. Fayetteville' s appeal
lies in its balance of growth and livability; moving toward high-density RMF-12 or even RSF-8 in this
speciflc area threatens that balance. The amount of high-density areas popping up in this speciflc
area alone is already highly concerning.
My primary concerns regarding this rezoning include:
Lack of infrastructure: Our current roads are already overloaded.
Property Character: This neighborhood consists of established single-family homes. Adding
higher-density residential units is inconsistent with the existing land use.
Safety and Traffic: Increased density inevitably leads to higher traffic volume on our
residential streets, which highly impacts the safety of our quiet community.
I am hopeful that the Planning Commission will consider the long -term integrity of our
neighborhood and deny this rezoning request. I would like my opposition to be included in the
official public record for this case
Thank you for taking the time to read my email. I hope that we can all keep Fayetteville a quality
place to live and a town where we can all be proud to say "I live in Fayetteville".
Sincerely,
Jamie Gardiner
FROM THE DESK OF
Debra Stendel
May 10, 2026
To all Concerned
Fayetteville, Ar
Dear Mayor, City Planning Commission, City Council Members,
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 40 of 56
Public Comment
RZN-2026-0015
I moved to this beautiful city 15 years ago because of its small town feel and its proposed
dedication to preserving a natural environment as it grew. I have been sorely disappointed!
As the city continues to grow, priority seems to be given to any developer who wants to rezone for
his own benefits, irregardless to how it affects, natural lands, existing neighborhoods , traffic and
homeowners.
The planning commission has recently proposed rezoning land near me. I am writing to formally
oppose Plan # 2026-0015.
I do not believe that the applicant can conclusively demonstrate compliance with Fayetteville’ s
Unified Development Code, infrastructure capacity requirements, traffic safety standards, drainage
obligations and neighborhood compatibility principles.
Part of the proposed rezoning area includes 9 1/ 2 acres which are currently “ Protected Wetlands.”
The developers plan to build 12 units/ acre on this pristine, “ protected” land. How can this even be
considered? The rest of the area, (26 + acres) is currently zoned R4 which is comparable to the
adjacent neighborhood. The developer has requested rezoning to R 8. This does not fit the
compatibility requirements of the development code, it will negatively affect the property values of
all the neighboring residents and put severe stress on roads that are already over taxed.
This land has several ponds and a stream which is fed by run off from the field and likely natural
springs. Currently the water feeds the ponds in the wetlands area. If that land is built on the
stream will not be able to flow naturally and neighboring yards will flood unless diligent planning is
applied with details to preventing this problem.
We currently have water issues in our yards because proper drainage was not considered much
less enforced when this area was developed. High density housing will further add to this existing
problem and I have little confidence that the city will regulate this with the new proposed
development.
Neighbors on Vanike Dr. have repeatedly complained to the police department about speeding
traffic. DRC Holdings, current plan shows that the only 2 outlets in the proposed development will
go through current neighborhoods creating even more dangerous streets due to heavy traffic.
The two “main roads” that run parallel to this proposed development, ( Dean Solomon and Salem)
are both 2 lane roads with no space for widening. This city needs to work on infrastructure and
consider existing roads before it expands residential areas!
There are large parcels of land in the vicinity where this type of housing would not adversely affect
existing neighborhoods. I urge you to reinforce existing codes and to implement well thought out
planning guides as this city continues to grow.
Under Arkansas zoning law and Fayetteville’ s planning framework, rezoning decisions must “ serve
the public welfare and remain consistent with the city’s adopted planning principles.” I do not see
any evidence that the applicant’ s rezoning request will benefit the city without imposing
disproportionate impacts on surrounding neighborhoods.
I also request that this and all communications, studies, traffic analyses, drainage reports etc,
related to this rezoning proposal be fully disclosed to the public prior to any rezoning decision.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 41 of 56
Public Comment
RZN-2026-0015
The city needs to require traffic reviews during peak hours, not mid day.
Drainage and infrastructure reviews be made by independent parties, not just the proposed
developer and presented to the public.
Full transparency of all communications between the developer, financing entities, public
officials, and any related parties concerning this proposal and any future rezoning proposals.
Please include this and all residential input in the official record for this application.
Thank you,
Debra Stendel
2600 W Vanike Dr
Fayetteville Ar
From: Jeff Johnson <razorbackjeff@gmail.com>
Sent: Wednesday, May 13, 2026 11:47 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to Rezoning Petition RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear Fayetteville Planning Department, Commissioners, and Staff,
My name is Jeff Johnson, and I am a resident of an affected neighborhood near the proposed
development area on Deane Solomon and Vanike Dr in Northwest Fayetteville. I am writing to
formally voice my opposition to the requested rezoning and development associated with Plan
Number: RZN-2026-0015. I respectfully urge the Planning Commission to recommend denial of
this petition. A rezoning of this magnitude (moving from low-density RSF4 to high-intensity
residential) must be held to the highest standard of scrutiny. The applicant has not yet
demonstrated that this proposal aligns with the Fayetteville Unifled Development Code, existing
infrastructure capacities, or the long-term compatibility principles of our neighborhood and other
surrounding neighborhoods. Fayetteville has an established precedent of protecting stable
neighborhoods from incompatible, high-intensity shifts in land use (e.g., REZONING PETITION RZN
15-5240). Under Arkansas law and Fayetteville’s own planning framework, the burden of proof rests
entirely on the applicant to demonstrate that this change serves the public welfare. In this case,
the proposed density presents an abrupt and harsh transition that is inconsistent with the
surrounding character. Furthermore, the city must account for the cumulative traffic load of this
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 42 of 56
Public Comment
RZN-2026-0015
project combined with other pending developments in the immediate corridor, which threatens to
degrade the local Level of Service (LOS) to a failing grade.
My primary concerns include but are not limited to the following:
Spot-zoning and incompatibility with the established character of the surrounding
neighborhoods
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112, Ika)
Storm water, runoff, grading, and downstream drainage impacts affecting neighboring
properties especially the storm water fiooding that develops behind the north side of Vanike
properties during heavy rains due to improper drainage. Also, along the creek and wetlands
in and adjacent to Underwood park affecting the South Side of the Creek Meadow
Neighborhood.
o I'm not sure if you recall but the fioods in 2011 and also 2008 caused widespread
issues in this area of Fayetteville. Improper infrastructure improvements and
adequate drainage could lead to increased fiooding concerns in the surrounding
neighborhoods and in the under construction park as well
Potential reduction in neighboring property values and quality of life
Insufficient transition buffering between existing residential uses and the proposed intensity
The wetland preserve owned by the Northwest Arkansas Land Trust that directly abuts the
proposed RMF12 zoning to the south
o Parts of the entire stretch of proposed RMF12 zoning between the current trail and
Deane Solomon stay saturated almost year round
Precedent-setting impacts for future rezonings inconsistent with the area’s historic
development pattern.
Whether existing utilities, emergency services, and transportation infrastructure can
adequately support the proposed density/ intensity.
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this
application to the public immediately.
Require independent third-party reviews or studies of all traffic, drainage, and infrastructure
assumptions rather than relying solely on data provided by the applicant.
o This should include the “Next Chapter” community of 270 units/642 Bedrooms that
was recently approved for construction South of Underwood Park but not yet built
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 43 of 56
Public Comment
RZN-2026-0015
Ensure full transparency regarding all communications between the developer, flnancing
entities, and public officials prior to this request.
Required Infrastructure Analysis
I further request that the City require the following as a condition of any further
consideration:
o A comprehensive pedestrian connectivity and sidewalk impact analysis to address
the dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
o A developer-funded mitigation plan for sidewalk installation and traffic calming
measures on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
consideration and your service to the City and Community.
Sincerely,
Jeff Johnson
razorbackjeff@gmail.com
3131 N Night Heron dr, Fayetteville, AR 72704
From: Agatha Kulesza <ackulesza@gmail.com>
Sent: Friday, May 15, 2026 9:01 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hello Planning Commission,
I am writing to oppose the rezoning request RZN-2026-0015. I live in a development near that zone.
That undeveloped area is a protected wetland. I worry that rezoning to higher density will majorly
affect drainage and cause fiooding in developments nearby (like mine). It seems risky to build high
density housing in a wetland that is prone to fiooding.
Please consider declining the rezone request and keep the land zoned as it currently is, which
allows for fewer homes to be built that will not encroach on the wetland.
Thank you,
Agatha Kulesza
A Concerned Fayetteville Resident
Agatha Kulesza
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 44 of 56
Public Comment
RZN-2026-0015
ackulesza@gmail.com
From: Angie Scheidweiler <ascheidweiler@gmail.com>
Sent: Tuesday, May 19, 2026 2:42 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>; Planning Shared <planning@fayetteville-
ar.gov>
Subject: RZN-2026-0015 Comments
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hello,
I've seen the sign about rezoning the land behind my house to a higher density development, and I'd
like to voice my opposition to the rezone request.
I'm concerned about more traffic coming through the area. Deane Solomon already has a lot of
traffic from the existing neighborhoods, and the church down the road also causes issues. The
continuing improvements of Underwood Park will also bring more traffic to the area. It's already
difficult to turn out onto 112, and even more housing development will make that much worse.
Deane Solomon is also narrow, and doesn't have sidewalks for much of it. I see pedestrians walking
on it often. I'm also concerned that the development will connect the roads near my home to
Deane Solomon, and new traffic will then zip through my neighborhood.
In addition, I'm concerned about runoff from a new development causing more issues. My backyard
already fioods with heavy rain. The soil gets waterlogged, and the drainage area behind my fence
overfiows. It's frequently swampy there, and if it were any worse, it would be pushing water close to
my foundation.
I also don't want to lose the greenspace in the area. There's a game trail that runs behind my fence. I
see deer, rabbits, and coyotes often. I hear great horned owls, and various other birds. The other
side of the fleld is a very marshy habitat, and I'dlike to have the biodiversity preserved.
Beyond that, I am concerned about changing the character of the neighborhood, and the effect on
my property value. It's one thing to have similar houses developed, as was intended by the current
zoning, but it's another to have twice as many placed in my back yard. With more dense housing,
the houses tend to be built taller, and that causes much less privacy, with more people peering into
your back yard. Setbacks are smaller, so the neighboring houses are closer, as well.
Ido understand the need for Fayetteville to have affordable housing, but there should be a
cohesive plan for developing an area. I'm flrmly against companies coming in, creating patchwork
developments wherever they can squeeze them, to extract as much proflt for themselves as they
can, at the expense of the existing neighborhoods. I think if there is going to be a change in the
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 45 of 56
Public Comment
RZN-2026-0015
character of a neighborhood, maybe put a decent amount of transitory greenspace in between to
alleviate some of the aforementioned problems, and improve the roads and sidewalks to handle
the increase in traffic before the development takes place. Have anintentional plan for the entire
area that would bring amenities with the increased population, not problems.
Thank You,
Angelin Scheidweiler
3084 N Bentley Rdg
From: Matthew Tomiello <matthewtomiello@icloud.com>
Sent: Monday, May 18, 2026 10:53 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Greetings,
I live one-half mile from the proposed rezone in a nearby neighborhood. I feel sorry for the single
family home property owners adjacent to the proposed rezone. It will devalue their property and
make their peaceful Fayetteville neighborhood chaotic. People do not buy homes in neighborhoods
like that to flnd themselves backed up to a multi-story housing complex and it’s much too
expensive to relocate.
We already feel traffic becoming less safe on Dean Solomon as people regularly speed through it,
the increased traffic from Underwood Park construction, and vehicle congestion is increasing
causing near impossible left turns onto Hwy 112 at certain times of day.
Lastly, at this very moment we already have multiple (at least 3) high-density developments going
up in Fayetteville within about a 2 mile radius of this proposed site (off of Gregg Ave, Van Asche Dr,
and Mount Comfort Rd). The Dean Solomon area neighborhoods are much more well suited for
single family homes which is what people actually want anyway (not a 4th brand new apartment
complex in a small radius just this year!).
Thank you,
Matthew Tomiello
Fayetteville Arkansas Resident/Citizen
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 46 of 56
Public Comment
RZN-2026-0015
Original Message-----
From: Janan Lane <jlane58@att. net>
Sent: Tuesday, May 19, 2026 5:42 PM
To: Masters, Jessica < jmasters@fayetteville-ar.gov>
Cc: Moore, Sarah < sarah. moore@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-2015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear Fayetteville Planning Commissioners, Planning Staff, City Officials,
My name is Dr Janan R Lane. I am a resident of Creek Meadows, an affected neighborhood near the
proposed development area on Deane Solomon Road. I am writing to formally voice my opposition
to the requested rezoning and development associated with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of this
magnitude, moving from low-density greenfleld to high-intensity residential must be held to the
highest standard of scrutiny. The applicant has not yet demonstrated that this proposal aligns with
the Fayetteville Unifled Development Code, existing infrastructure capacities, or the long -term
compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding neighborhood.
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112) with frequent wildlife crossings throughout.
Increased pedestrian foot traffic on Dean Solomon which has incomplete sidewalk access going
both north and south of Vanike with signiflcant current bike and foot traffic as well.
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring properties.
Due to improper current drainage, stormwater fiooding develops at the low fiow point for the entire
area along Clabber Creek, the north side of Vanike and N Harrier Dr during heavy rains. Clabber
Creek fiooded in April 2017 with Dean Solomon at and around the Clabber Creek crossing and
Creek Meadows streets water fllled, fiowing like rivers.
Potential reduction in neighboring property values and quality of life in yards and outdoor spaces
including public lands during construction and after.
Insufficient transition buffering between existing residential uses and the proposed intensity.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 47 of 56
Public Comment
RZN-2026-0015
The wetland preserves and natural habitat of numerous animal species.
Precedent-setting impacts for future rezoning inconsistent with the area’s historic development
pattern.
Whether existing utilities, emergency services, and transportation infrastructure can adequately
support the proposed density and intensity during and after construction.
Signiflcant increase in noise, air, water and light pollution on properties including the preserve and
trail during and after construction.
Fayetteville has an established precedent of protecting stable neighborhoods from incompatible,
high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240). Under Arkansas law and
Fayetteville’ s own planning framework, the burden of proof rests entirely on the applicant to
demonstrate that this change serves the public welfare. In this case, the proposed density presents
an abrupt and harsh transition that is physically and visually inconsistent with the surrounding
character. Furthermore, the city must account for the cumulative traffic load of this project
combined with other pending developments in the immediate corridor threatening the local Level
of Service (LOS) to a failing grade.
In an effort to have full transparency and allow possible mitigation prior to any vote on this matter, I
request that the City:
Disclose all communications, studies, and staff recommendations related to this application to
the public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure assumptions
rather than relying solely on the data provided by the applicant. This should include the uphill
community of 270 units that was recently approved for construction but not yet built.
Ensure full transparency regarding all communications between the developer, flnancing entities,
and public officials prior to this request.
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address the
dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming measures on
Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Janan R Lane
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 48 of 56
Public Comment
RZN-2026-0015
jlane58@att.net
3021 N Night Heron Drive
Fayetteville, AR 72704
From: Zack Hulett <zhulett@gmail.com>
Sent: Tuesday, May 19, 2026 6:26 PM
To: Brink, Andrew <andrew.brink@fayetteville-ar.gov>; Holeyfleld, Ashlyn
ashlyn.holeyfleld@fayetteville-ar.gov>; Brewer, H. Rice <hrice.brewer@fayetteville-ar.gov>; Gulley,
Fred <fred.gulley@fayetteville-ar.gov>; Madden, Mary <mary.madden@fayetteville-ar.gov>;
McGetrick, Mary <mary.mcgetrick@fayetteville-ar.gov>; Cabe, Matthew
matthew.cabe@fayetteville-ar.gov>; Castin, Nick <nick.castin@fayetteville-ar.gov>; Werner, Nick
nick.werner@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 - Zachary Hulett
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Zachary Hulett, and I am a resident of the Crystal Springs subdivision near the
proposed development area on Deane Solomon. I am writing to formally voice my opposition to the
requested rezoning associated with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of this
magnitude—moving from low-density greenfleld to high-intensity residential—must be held to the
highest standard of scrutiny. The applicant has not yet demonstrated that this proposal aligns with
the Fayetteville Unifled Development Code, existing infrastructure capacities, or the long -term
compatibility principles of our neighborhood.
My primary concerns include:
Incompatibility of Custom CPZD Zoning: The ~9.6-acre parcel (Parcel 765-23602-000) is currently
a Commercial Planned Zoning District (CPZD). Moving to a generic RMF-12 designation ignores the
Bill of Assurance" and speciflc community beneflts promised when this PZD was originally
enacted.
Infrastructure Friction & Cumulative Traffic: The city must account for the cumulative traffic load
of this project combined with the 270-unit "Next Chapter" development. Together, these projects
represent nearly 4,800 daily vehicle trips on roads like Deane Solomon and Vanike Dr that lack the
capacity for such intensity.
Low Inflll Priority: According to the City’s own Inflll Matrix Score, this area lacks the proximity to
transit, paved trails, and urban infrastructure required to justify a high -density RMF-12 designation.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 49 of 56
Public Comment
RZN-2026-0015
Stormwater & Environmental Risk: This greenfleld site contains potential wetland habitats and
already suffers from drainage issues where heavy rains cause fiooding behind Vanike properties.
Safety & Pedestrian Gaps: There are dangerous sidewalk gaps on Deane Solomon between Mt.
Comfort and Hwy-112 that cannot support the increased pedestrian foot traffic of ~530 new
residential units.
The Case for Incompatibility
Fayetteville has an established precedent of protecting stable neighborhoods from incompatible,
high-intensity shifts (e.g., RZN 15-5240). Under Arkansas law and Fayetteville’s planning
framework, the burden of proof rests entirely on the applicant to demo nstrate that this change
serves the public welfare. This proposal fails that test by creating an abrupt transition that is
physically and visually inconsistent with the surrounding character.
Formal Requests for Transparency and Mitigation
Before any vote is taken, I request that the City:
Require independent third-party reviews of traffic, drainage, and infrastructure assumptions rather
than relying on applicant-provided data.
Disclose the original PZD Master Plan and Ordinance for the CPZD parcel to determine what green
space and quality-of-life protections were previously guaranteed to the city.
Perform a pedestrian connectivity analysis and require a developer-funded mitigation plan for
sidewalk installation and traffic calming on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to Fayetteville residents.
Sincerely,
Zachary Hulett
2570 W Vanike, Fayetteville, AR 72704
zhulett@gmail.com
From: Carly Grace <carly.grace@gmail.com>
Sent: Tuesday, May 19, 2026 6:27 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>; Planning Shared <planning@fayetteville-
ar.gov>; Brink, Andrew <andrew.brink@fayetteville-ar.gov>; Holeyfleld, Ashlyn
ashlyn.holeyfleld@fayetteville-ar.gov>; Brewer, H. Rice <hrice.brewer@fayetteville-ar.gov>; Gulley,
Fred <fred.gulley@fayetteville-ar.gov>; Madden, Mary <mary.madden@fayetteville-ar.gov>;
McGetrick, Mary <mary.mcgetrick@fayetteville-ar.gov>; Cabe, Matthew
matthew.cabe@fayetteville-ar.gov>; Castin, Nick <nick.castin@fayetteville-ar.gov>; Werner, Nick
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 50 of 56
Public Comment
RZN-2026-0015
nick.werner@fayetteville-ar.gov>; Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Wiederkehr,
Mike <mike.wiederkehr@fayetteville-ar.gov>
Subject: Opposition to Rezoning Petition RZN-2026-0015 -Carly Grace
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear City Council reps, Planning Commissioners, and Planning Staff,
I am a Fayetteville resident living near the proposed development area on Vanike, and I am writing
to formally oppose the rezoning request associated with Plan Number RZN-2026-0015.
While I support the need for affordable and attainable housing in Fayetteville, I am deeply
concerned that these developments continue to be concentrated disproportionately in West
Fayetteville rather than distributed equitably throughout the city. Affordable housing should be
integrated across all areas of Fayetteville, including East Fayetteville, instead of repeatedly placing
higher-density projects along the city’s western edge.
Although this property technically falls within the city’s inflll footprint, it sits on the far western
boundary of Fayetteville and does not function as true centralized inflll development. Rezoning this
property from commercial to RMF-12 moves the area further away from balanced mixed-use
planning and undermines the City’s stated New Urbanism goals.
A core principle of New Urbanism is reducing dependency on automobiles by creating walkable
environments where housing, services, retail, and daily needs are interconnected. This proposal
does the opposite. Residents of this development would have virtually no walkable
destinations beyond a gas station and would be forced to drive over a mile for groceries,
restaurants, or services. Increasing residential density without corresponding commercial
infrastructure will intensify traffic congestion rather than reduce it.
Traffic and pedestrian safety are already major concerns along Dean Solomon, Vanike, W. Salem,
and Highway 112. Dean Solomon in particular lacks continuous sidewalk connectivity both north
and south of Vanike, creating unsafe conditions for pedestrians tod ay. Adding substantial
residential density before these deflciencies are corrected would place additional strain on roads
that are already struggling with capacity and safety. Furthermore, changes are underway which
will increase traffic--the project south of underwood park, the opening of underwood park,
and the reconfiguration of 112 will all 3 add traffic that cannot yet be studied. It would be
impossible to have an accurate traffic study in place until these changes are made, so a rezone
would be unwise at this point with a moot traffic study. It would be reckless.
I strongly urge the City to deny this rezone at present until present changes to the area can be
completed, and impact felt. then The city should then conduct its own independent traffic and
infrastructure analyses rather than relying solely on developer-provided studies. This is especially
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 51 of 56
Public Comment
RZN-2026-0015
important given the signiflcant ongoing and future changes in the corridor. Traffic patterns in this
area are actively changing, making any current traffic study inherently limited and potentially
unreliable as a basis for long-term rezoning decisions.
Approving a rezoning of this scale before those regional transportation impacts are fully
realized would be premature and irresponsible.
Additional concerns include:
Stormwater runoff, grading, and downstream drainage impacts affecting neighboring properties,
including recurring fiooding issues behind homes on the north side of Vanike during heavy rains
RMF 12 being too dense and out of touch with the neighboring zones.
Incompatibility with the established character and development pattern of the surrounding
neighborhood;
Increased pedestrian safety risks due to incomplete sidewalk infrastructure;
Insufficient transition buffering between existing residential uses and the proposed density;
Impacts on wetlands, wildlife habitat, and natural open space;
Questions regarding whether existing utilities, emergency services, and transportation
infrastructure can adequately support the proposed intensity.
I respectfully request that the Planning Commission and City Council deny this rezoning request.
I also request that:
All communications, studies, traffic analyses, drainage reports, and staff recommendations
related to this application be fully disclosed to the public;
The City require independent review of traffic, drainage, and infrastructure assumptions rather
than relying solely on applicant-provided analyses;
Public comments from adjacent residents receive substantial consideration prior to any vote;
Full transparency be provided regarding communications between the developer, flnancing
entities, public officials, and related parties concerning future land use associated with this
rezoning request.
Before any approval is considered, the City should also require:
A comprehensive pedestrian connectivity and sidewalk impact analysis;
Identiflcation of all sidewalk gaps and unsafe pedestrian corridors along Dean Solomon from
Mount Comfort to Highway 112;
A developer-funded plan for sidewalk installation and connectivity improvements;
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 52 of 56
Public Comment
RZN-2026-0015
Evaluation of traffic calming measures and pedestrian safety mitigation along Dean Solomon
Road, W. Salem, and Vanike Drive.
Please include this email in the official public record for this application.
Thank you for your consideration and your service to Fayetteville residents.
Sincerely,
Carly Grace
Night Heron Drive
From: Greg Thomas <gregthomas615@gmail. com>
Sent: Wednesday, May 20, 2026 3:15 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Re: RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Jessie,
Thank you for taking the time to respond to my email. I am writing to formally oppose this rezoning
request based on the concerns outlined below.
First, in 2016 a rezoning request was considered in the nearby area for the Underwood Park
development. At that time, the rezoning was rejected for several reasons, many of which remain
directly applicable today.
A primary factor cited by commission members in 2016 was traffic. At that time, no traffic study had
been conducted for Deane Solomon Road, and the commission determined it could not reasonably
conclude that the roadway could support the additional homes proposed. Since then, no
improvements have been made to Deane Solomon Road, no traffic study has been conducted on
the existing roadway, and—most critically—the City has approved multiple housing developments
along Deane Solomon that have signiflcantly increased traffic volume.
Since 2016, Deane Solomon Road has seen the construction of 289 homes, with an additional 274
homes recently approved as part of the Underwood Park development. Allowing further
development along this corridor without meaningful safety improvements or a co mprehensive
traffic study would be irresponsible. To put this in perspective, since the 2016 rezoning request was
denied due to publicly stated traffic concerns, the daily volume of vehicles on Deane Solomon
Road has effectively tripled.
Second, the 2016 rezoning request was also denied due to incompatibility with surrounding
neighborhoods. That proposal, similar to the current RMF request, involved placing multifamily
zoning deep within an established RSF neighborhood. Since that time, all approved RMF rezonings
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 53 of 56
Public Comment
RZN-2026-0015
within this area of the city have occurred along larger roadways with existing infrastructure, most
notably Mount Comfort Road and Garland Avenue. Approving an RMF-12 development this far into
an established RSF area has no precedent within this area of the city and is inconsistent with the
City’s 2030 Strategic Plan. A PZD classiflcation would be far more appropriate and consistent with
surrounding neighborhood development patterns.
Finally, city officials in 2016 identifled signiflcant concerns related to the creek watershed running
through Underwood Park and the associated fiooding issues. While it has been stated that the
City’s development code is sufficient to protect properties along this watershed, ongoing
development has demonstrated otherwise. Continued construction along this corridor has resulted
in increased fioodplain elevations and greater volumes of stormwater being directed into the creek.
While I understand that individual developments may control the rate of stormwater discharge, the
City’s development code does not adequately address the cumulative volume of stormwater being
introduced into the watershed. Additional development on this parcel would increase impervious
surface area, further increasing stormwater volume routed directly to the creek rather than allowing
for natural inflltration. This poses increased risks, including longer durations of inundation affecting
nearby properties and vital facilities.
Importantly, in 2016 city officials explicitly acknowledged these concerns and stated that any
development in this area would need to meet Low Impact Development ( LID) requirements to have
a chance of avoiding negative impacts. Due to the absence of such commitments, the rezoning
request at that time was ultimately denied. The current rezoning proposal makes no commitment to
LID standards and therefore should not be approved based on the precedent previously established
by the City. Once again, pleas recall that and additional 563 homes have been developed within this
watershed since these statements were made, making this Rezoning far more impactful
Thank you for your consideration of these concerns.
Respectfully,
Greg Thomas
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 54 of 56
Adrianna Carter
2992 W Marble Dr
Fayetteville, AR 72704
May 19, 2026
Planning Commission
113 W Mountain Street, Suite 219
Fayetteville, AR 72701
RE: RZN-2026- 0015
Dear Planning Commissioners:
As a resident of the neighboring community just west of the proposed rezoning for nearly six
years, I would like to offer my comments regarding RZN-2026- 0015.
I support responsible and appropriately scaled growth in Fayetteville; however, I believe this
proposal raises significant compatibility and infrastructure concerns that have not been
adequately resolved. The proposed rezoning substantially increases residential intensity despite
acknowledged sewer capacity issues, partially improved roadway infrastructure, unresolved
drainage considerations, and insufficiently defined mitigation measures.
Beginning with sewer capacity, the City’ s own engineering review identifies that “ there are
known wet weather sewer capacity issues identified in the City’ s 2025 Sewer Master Plan that
appear directly in front of the property in the system.” ( Source: RZN-2026- 0015-ENG
Comments. docx) Given that known infrastructure concerns already exist, approving a substantial
increase in residential density raises legitimate questions regarding whether the existing system
can reliably support RMF-12 intensity without placing additional strain on public infrastructure
and services.
Road infrastructure is another major concern. North Deane Solomon Road, from North Shiloh
Drive to Highway 112, spans approximately 1.65 miles as a two-way road without a single
traffic light, roadway lighting system, or consistently connected sidewalks. The City’ s
engineering review further notes that “ North Deane Solomon Road is a Partially improved
Residential Link Street with asphalt paving and open ditches.” ( Source: RZN-2026- 0015-ENG
Comments. docx) The roadway network serving the site is not fully built to urban standards
despite the proposed increase in residential intensity.
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 55 of 56
The proposed intensity may also negatively affect neighboring residential desirability and long-
term neighborhood stability. The cumulative impacts of the nearby Underwood Park
development, increased residential density, parking areas, lighting, and associated activity levels
raise additional concerns regarding neighborhood compatibility, nighttime light spillover, noise,
and loss of privacy for adjacent single-family residents. Existing residents purchased homes in an
area historically characterized by low-density single-family development patterns and reasonable
expectations of compatibility with surrounding land uses.
Additionally, the proposed RMF-12 zoning raises compatibility concerns related to potential
multi-story development near the established single-family neighborhoods, including
overlooking backyard privacy, increased lighting spillover, and greater overall activity intensity.
While landscape buffering may eventually help some impacts, newly planted vegetation often
requires many years before providing meaningful screening between higher-intensity
multifamily development and neighboring homes.
Another concern is that many details remain undefined at the rezoning stage. City documents
repeatedly state that improvements or drainage considerations will be “ determined at time of
development.” Critical infrastructure mitigation measures should be clearly understood before
granting substantially increased development rights.
Hydric soils and potential wetlands are another important consideration in this area. The City’ s
engineering comments acknowledge the presence of hydric soils on the property, which suggests
additional environmental and stormwater management considerations that warrant careful
evaluation before substantial density increases are approved.
For these reasons, I respectfully urge the Planning Commission to deny the proposed rezoning
request as currently submitted or alternatively require a substantially lower-intensity transition
that is more compatible with the surrounding neighborhood and existing infrastructure.
Thank you for providing residents the opportunity to express their concerns regarding this
proposal.
Sincerely,
Adrianna Carter
Planning Commission
May 26, 2026
RZN-2026-0015 (DRP HOLDINGS LLC)
Page 56 of 56
Public Comment
Post Agenda Session
From: Nicole <kieryalise@gmail.com>
Sent: Tuesday, May 12, 2026 11:43 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Proposed rezone of parcels 765-16658-101 and 765-23602-000
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good morning,
I am writing to you regarding a rezoning notice for the parcels 765-16658-101 and 765-23602-
000. My understanding is that these areas are currently listed as protected wetland areas. Even if
they are not, they do regularly fiood, act as a water-sink for the nearby areas, and are home to a
herd of deer and many other types of riparian wildlife.
Yes, we need dense housing in order to promote Fayetteville to grow in good ways. However,
backfllling a fioodplain in an area that already has drainage problems to add more housing is NOT
the answer. Beyond the wildlife use, this area is along a popular walking trail, the Clabber Creek
Trail, and will impact people's ability to enjoy the trail and experience nature.
Please do not allow the rezoning as requested. There are plenty of other places that houses can be
placed that will not interfere in the same way.
Thank you!
From: ASHLEE STEWMAN <stew7014@yahoo.com>
Sent: Thursday, May 21, 2026 9:54 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Fw: Formal Opposition to Rezoning Petition RZN-2026-0015 - Ashlee Smith
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
My email that was sent in opposition to Rezoning Petition RZN-2026-0015 - was not included in the
agenda. My email was sent May 11. It looks like many of our emails were not included. Many of us
are opposed to this rezoning and would like to be heard. Thank you
Forwarded Message -----
From: "ASHLEE STEWMAN" <stew7014@yahoo.com>
To: "planning@fayetteville-ar.gov" <planning@fayetteville-ar.gov>
Cc:
Sent: Thu, May 21, 2026 at 9:47 PM
Public Comment
Post Agenda Session
From: Nicole <kieryalise@gmail.com>
Sent: Tuesday, May 12, 2026 11:43 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Proposed rezone of parcels 765-16658-101 and 765-23602-000
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good morning,
I am writing to you regarding a rezoning notice for the parcels 765-16658-101 and 765-23602-
000. My understanding is that these areas are currently listed as protected wetland areas. Even if
they are not, they do regularly fiood, act as a water-sink for the nearby areas, and are home to a
herd of deer and many other types of riparian wildlife.
Yes, we need dense housing in order to promote Fayetteville to grow in good ways. However,
backfllling a fioodplain in an area that already has drainage problems to add more housing is NOT
the answer. Beyond the wildlife use, this area is along a popular walking trail, the Clabber Creek
Trail, and will impact people's ability to enjoy the trail and experience nature.
Please do not allow the rezoning as requested. There are plenty of other places that houses can be
placed that will not interfere in the same way.
Thank you!
From: ASHLEE STEWMAN <stew7014@yahoo.com>
Sent: Thursday, May 21, 2026 9:54 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Fw: Formal Opposition to Rezoning Petition RZN-2026-0015 - Ashlee Smith
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
My email that was sent in opposition to Rezoning Petition RZN-2026-0015 - was not included in the
agenda. My email was sent May 11. It looks like many of our emails were not included. Many of us
are opposed to this rezoning and would like to be heard. Thank you
Forwarded Message -----
From: "ASHLEE STEWMAN" <stew7014@yahoo.com>
To: "planning@fayetteville-ar.gov" <planning@fayetteville-ar.gov>
Cc:
Sent: Thu, May 21, 2026 at 9:47 PM
Public Comment
Post Agenda Session
Subject: Fw: Formal Opposition to Rezoning Petition RZN-2026- 0015 - Ashlee Smith
My email was not included on the agenda. It was sent May 11!
Yahoo Mail: Search, Organize, Conquer
Forwarded Message -----
From: "ASHLEE STEWMAN" <stew7014@yahoo.com>
To:
Cc:
Sent: Mon, May 11, 2026 at 3:48 PM
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 - Ashlee Smith
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Ashlee Smith, and I am a resident of an affected neighborhood near the proposed
development area on Deane Solomon. I am writing to formally voice my opposition to the requested
rezoning and development associated with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of this
magnitude—moving from low-density greenfleld to high-intensity residential—must be held to the
highest standard of scrutiny. The applicant has not yet demonstrated that this proposal aligns with
the Fayetteville Unifled Development Code, existing infrastructure capacities, or the long -term
compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding
neighborhood.
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring properties
especially the stormwater fiooding that develops behind the north side of Vanike properties
during heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic development
pattern. • Whether existing utilities, emergency services, and transportation infrastructure can
adequately support the proposed density/intensity.
The Case for Incompatibility and Infrastructure Friction
Public Comment
Post Agenda Session
Fayetteville has an established precedent of protecting stable neighborhoods from incompatible,
high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240). Under Arkansas law and
Fayetteville’s own planning framework, the burden of proof rests entirely on the applicant to
demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
cumulative traffic load of this project combined with other pending developments in the
immediate corridor, which threatens to degrade the local Level of Service (LOS) to a failing grade.
Formal Requests for Transparency and Mitigation
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this application
to the public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure
assumptions rather than relying solely on data provided by the applicant. This should include the
Next Chapter” community of 170 units that was recently approved for construction but not yet
built.
Ensure full transparency regarding all communications between the developer, flnancing
entities, and public officials prior to this request.
Required Infrastructure Analysis
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address the
dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming measures on
Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Ashlee Smith
stew7014@yahoo.com
2555 W Vanike dr.
Public Comment
Post Agenda Session
From: Masters, Jessica
Sent: Friday, May 22, 2026 8:34 AM
To: Greg Thomas <gregthomas615@gmail.com>
Subject: RE: LID on Rezoning request. RZN- 2026-0015
Good morning,
The overall PZD Ordinance and related information can be found attached. This was part of a multi-
acre effort to preserve Wilson Springs.
Between zoning regulations and the City’s typical development requirements, the City already has
quite a bit of control over what developments can look like. That said, a PZD might be able to offer a
development more custom approach, or add prescriptive design elements, or other requirements
to ensure a speciflc outcome. A PZD is never required for a development.
The development process is the same whether a property is developed under a PZD or not;
developments still have to meet the minimum standards, including tree preservation requirements,
that are established by the Unifled Development Code.
Tree preservation requirements can be found here:
https://library.municode.com/ar/fayetteville/codes/code_of_ordinances?nodeId=CD_ORD_TITXVU
NDECO_CH167TRPRPR
If you have questions about how these work, I recommend reaching out to Willa Thomason
wthomason@fayetteville-ar.gov) or Bethany Douglas (bdouglas@fayetteville-ar.gov) who can walk
you through speciflc questions.
I will do my best to continue answering your questions, but I am in court today for a jury trial so will
be largely unavailable. Please be assured that we are working on getting all public comment to the
Planning Commission.
Jessie
Jessie Masters, AICP
From: Greg Thomas <gregthomas615@gmail.com>
Sent: Friday, May 22, 2026 3:41 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>; Planning Shared <planning@fayetteville-
ar.gov>
Subject: Re: LID on Rezoning request. RZN- 2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Public Comment
Post Agenda Session
Jessie,
Also, are you able to provide additional information on the original Rezoning in 2003, or shed light
on the CPZD restrictions that are on the site today? It seems like this area would be a great
candidate for one of the clever PZD projects that have been developed across town. I’ve been
impressed with these projects as they have maintained the character of neighborhoods and really
added value to the surrounding communities by providing increased density along with smart
gathering spots that can build a community bond. But I’m curious if the 2003 rezone put too many
restrictions on allowing this type of development to happen. What would the proposed 2003 RMF -4
zoning look like if developed?
Secondly, the city is investing quite a bit of time and money in this area near underwood park. It
could potentially turn into the area surround gulley park if controlled properly. It seems like RMF-12
zoning relinquishes some of the city’s control over th e development. With all the investment and
opportunity speciflc to this site, wouldn’t a PZD be fltting to ensure this gets developed with the
right intention? In a similar thought, isn’t the rest of the underwood park development along deane
solomon going to follow the PZD process?
Lastly, is the 20-25% tree preservation requirement a “per tree” requirement or does it account for
the square feet of canopy provided. While this site has thousands of trees, I feel that the code could
allow the developer to remove ALL of the larger mature trees in favor of keeping 25% of the smaller
diameter trees at more convenient for development locations. I feel like this does not meet the
intent of the code, especially for a site with as many mature trees as this.
I look forward to hearing back from you!
Thanks! -Greg
On Thu, May 21, 2026 at 11:05 PM Greg Thomas <gregthomas615@gmail.com> wrote:
Hi Jessie,
Does the planning commission or city council have the authority to require a project to utilize the
City’s LID guidelines? Additionally, does the new underwood park residential development utilize
LID guidelines?
Thank you!
Greg
From: Christina and Jon Felker <felkercj@gmail.com>
Sent: Friday, May 22, 2026 8:21 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 - Christina Felker
Public Comment
Post Agenda Session
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Christina Felker, and I am a resident of an affected neighborhood near the proposed
development area on Deane Solomon. I am writing to formally voice my opposition to the requested
rezoning and development associated with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of
this magnitude— moving from low-density greenfleld to high-intensity residential— must be held
to the highest standard of scrutiny. The applicant has not yet demonstrated that this proposal
aligns with the Fayetteville Unifled Development Code, existing infrastructure capacities, or the
long-term compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding
neighborhood.
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring
properties (especially the stormwater fiooding that develops behind the north side of Vanike
properties during heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
Insufficient transition buffering between existing residential uses and the proposed intensity.
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic
development pattern.
Whether existing utilities, emergency services, and transportation infrastructure can
adequately support the proposed density/ intensity.
The Case for Incompatibility and Infrastructure Friction
Fayetteville has an established precedent of protecting stable neighborhoods from
incompatible, high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240).
Under Arkansas law and Fayetteville’ s own planning framework, the burden of proof rests
entirely on the applicant to demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
cumulative traffic load of this project combined with other pending developments in the
immediate corridor, which threatens to degrade the local Level of Service (LOS) to a failing
grade.
Formal Requests for Transparency and Mitigation
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this
Public Comment
Post Agenda Session
application to the public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure
assumptions rather than relying solely on data provided by the applicant. This should
include the “Next Chapter” community of 170 units that was recently approved for
construction but not yet built.
Ensure full transparency regarding all communications between the developer,
flnancing entities, and public officials prior to this request.
Required Infrastructure Analysis
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address
the dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming
measures on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Christina Felker
felkercj@gmail.com
2722 Vanike Dr. Fayetteville Arkansas 72704
Christina Felker
From: Lori Sherman <lorisherman17@gmail.com>
Sent: Tuesday, May 19, 2026 10:19 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015
We flrmly oppose the rezoning of the property off of Dean Solomon Road. The rezoning of this
property does not make sense. The residential areas on this street will be taken over by too many
apartment buildings and therefore will increase traffic along this road and will keep our
neighborhoods from being a neighborhood community. There are already too many apartment
buildings taking over the west side of Fayetteville. Safety on the streets will decline. Rezoning will
create noise and decrease the value of homes in which many home owners have invested with their
hard earned money not ever thinking that apartment buildings would be right next door to their
homes. Let’s be fair and understanding of the requests you are hearing from many home owners.
Creek Meadow resident
Lori Sherman
Public Comment
Post Agenda Session
From: Hunter Smith <hdsmith24@yahoo.com>
Sent: Wednesday, May 20, 2026 11:18 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Request to Preserve Existing Wetland from Residential Rezoning: Parcels 765-16658-10
and 765-23602-000
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good afternoon,
I am a resident of Fayetteville whose neighborhood directly borders the natural wetland currently
proposed for residential rezoning. I respectfully urge the City to preserve this land in its current
state, as its environmental and community value far exceeds the short-term beneflts of residential
development.
This wetland provides critical, well-documented beneflts to Fayetteville residents and municipal
infrastructure, including:
Flood mitigation: Absorbs and slows stormwater, reducing downstream fiooding and
damage to public infrastructure.
Water quality protection: Naturally fllters pollutants, sediments, and nutrients before they
enter local waterways and drinking-water sources.
Erosion control: Stabilizes soils and streambanks, protecting adjacent properties and city
assets.
Wildlife habitat: Supports birds, pollinators, amphibians, and native species essential to
local biodiversity.
Climate resilience: Stores carbon, moderates local temperatures, and buffers the impacts
of extreme weather.
Groundwater recharge: Allows water to inflltrate and replenish aquifers, supporting
long-term water supply.
Public health and quality of life: Provides open space, scenic value, noise buffering, and
proven mental-health beneflts for nearby residents.
Economic value: Reduces long-term municipal costs for stormwater management, fiood
control, and water treatment, while supporting nearby property values.
Regulatory alignment: Supports state and federal environmental objectives and reduces
future mitigation and compliance risks.
Public Comment
Post Agenda Session
Once a natural wetland is developed, its functions cannot be fully restored. I respectfully ask the
City to reconsider rezoning this land and to prioritize long-term environmental resilience and
community well-being.
Thank you for your time and consideration.
Sincerely,
Hunter Smith
From: Alyssa Lindau <alyssa.r.lindau@gmail.com>
Sent: Wednesday, May 20, 2026 7:06 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 - Alyssa Dimitrov
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Alyssa Dimitrov, and I am a resident of an affected neighborhood near the proposed
development area on Deane Solomon. I am writing to formally voice my opposition to the requested
rezoning and development associated with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of
this magnitude—moving from low-density greenfleld to high-intensity residential—must be held to
the highest standard of scrutiny. The applicant has not yet demonstrated that this proposal aligns
with the Fayetteville Unifled Development Code, existing infrastructure capacities, or the long-term
compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding neighborhood.
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).
Potential reduction in neighboring property values and quality of life.
Insufficient transition buffering between existing residential uses and the proposed intensity. •
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic development
pattern.
Whether existing utilities, emergency services, and transportation infrastructure can adequately
support the proposed density/intensity.
The Case for Incompatibility and Infrastructure Friction
Public Comment
Post Agenda Session
Fayetteville has an established precedent of protecting stable neighborhoods from incompatible,
high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240). Under Arkansas law and
Fayetteville’ s own planning framework, the burden of proof rests entirely on the applicant to
demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
cumulative traffic load of this project combined with other pending developments in the
immediate corridor, which threatens to degrade the local Level of Service ( LOS) to a failing grade.
Formal Requests for Transparency and Mitigation
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this application to
the public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure assumptions
rather than relying solely on data provided by the applicant. This should include the “Next Chapter”
community of 270 units that was recently approved for construction but not yet built.
Ensure full transparency regarding all communications between the developer, flnancing
entities, and public officials prior to this request.
Required Infrastructure Analysis
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address the
dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming measures on
Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Alyssa Dimitrov (A resident tired of cash-grabbing developers)
3186 N Bentley Rdg, Fayetteville AR 72704
303) 408-1529
Public Comment
Post Agenda Session
From: Grayson Barber <gmbarber91@gmail.com>
Sent: Friday, May 22, 2026 8:22 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Fwd: Formal Opposition to Rezoning Petition RZN-2026-0015 - Grayson Barber
Hello, I tried to send this May 19 but it didn’t make it into the rezoning packet. Thanks.
Forwarded message ---------
From: Grayson Barber <gmbarber91@gmail.com>
Date: Tue, May 19, 2026 at 9:47 PM
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 - Grayson Barber
To:
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Grayson Barber, and I am a resident of an affected neighborhood near the proposed
development area on Deane Solomon. I am writing to formally voice my opposition to the requested
rezoning and development associated with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this rezoning. Are we to
become a city of hastily built, multi-family construction that in 20 years will look 50? Perhaps I’m
just sensitive to it because I live here, but everywhere I look in West Fayetteville (Mt Comfort, Van
Asche, more Mt Comfort, Wedington, etc.) there are new apartments being built. I would really like
to see less multi-family, high density constructions and more single-family homes being built (so
long as proper infrastructure is in place in terms of wastewater, runoff, traffic mitigation, etc .)
My primary concerns include:
Spot-zoning and incompatibility with the established character of the
surrounding neighborhood.• Increased traffic burden and safety concerns on already constrained
road infrastructure (especially Dean Solomon, Vanike, W Salem, Hwy-112).
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring properties
especially the stormwater fiooding that develops behind the north side of Vanike properties during
heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic development
pattern.
Whether existing utilities, emergency services, and transportation infrastructure can adequately
support the proposed density/intensity.
Public Comment
Post Agenda Session
The Case for Incompatibility and Infrastructure Friction
Fayetteville has an established precedent of protecting stable neighborhoods from incompatible,
high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240).
Under Arkansas law and Fayetteville’s own planning framework, the burden of proof rests entirely
on the applicant to demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically
and visually inconsistent with the surrounding character. Furthermore, the city must account for
the cumulative traffic load of this project combined with other pending developments in
the immediate corridor, which threatens to degrade the local Level of Service (LOS) to a
failing grade.
Formal Requests for Transparency and Mitigation
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this application to the
public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure assumptions
rather than relying solely on data provided by the applicant. This should include the “Next Chapter”
community of 270 units that was recently approved for construction but not yet built.
Ensure full transparency regarding all communications between the developer, flnancing entities,
and public officials prior to this request.
Required Infrastructure Analysis
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address the dangerous
gaps on Deane Solomon between Mt. Comfort and Hwy-112.
A developer-funded mitigation plan for sidewalk installation and traffic calming measures on Deane
Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for
your commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Grayson Barber
gmbarber91@gmail.com
Public Comment
Post Agenda Session
From: Emily Barber < eabarber08@gmail. com>
Sent: Friday, May 22, 2026 8:27 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 -E, Barber
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Emily Barber, and I am a resident of an affected neighborhood near the
proposed development area on Deane Solomon. I am writing to formally voice my opposition to
the requested rezoning and development associated with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of this
magnitude—moving from low-density greenfleld to high-intensity residential—must be held to the
highest standard of scrutiny. The applicant has not yet demonstrated that this proposal aligns with
the Fayetteville Unifled Development Code, existing infrastructure capacities, or the long-term
compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the
surrounding neighborhood.
Increased traffic burden and safety concerns on already constrained road
infrastructure ( especially Dean Solomon, Vanike, W Salem, Hwy-112).
Increased pedestrian foot traffic on Dean Solomon which has incomplete sidewalk
access going both north and south of Vanike.
Stormwater, runoff, grading, and downstream drainage impacts affecting
neighboring properties (especially the stormwater fiooding that develops behind the north
side of Vanike properties during heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
Insufficient transition buffering between existing residential uses and the proposed
intensity.
The wetland preserves and natural habitat of numerous animal life.
The Case for Incompatibility and Infrastructure Friction Fayetteville has an established precedent of
protecting stable neighborhoods from incompatible, high-intensity shifts in land use (e.g.,
REZONING PETITION RZN 15-5240). Under Arkansas law and Fayetteville’ s own planning
framework, the burden of proof rests entirely on the applicant to demonstrate that this change
serves the public welfare. In this case, the proposed density presents an abrupt and harsh
transition that is physically and visually inconsistent with the surrounding character. Furthermore,
the city must account for the cumulative traffic load of this project combined with other pending
Public Comment
Post Agenda Session
developments in the immediate corridor, which threatens to degrade the local Level of Service
LOS) to a failing grade.
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to
this application to the public immediately.
Require independent third-party reviews of all traffic, drainage, and
infrastructure assumptions rather than relying solely on data provided by the applicant. This
should include the “Next Chapter” community of 270 units that was recently approved
for construction but not yet built.
Ensure full transparency regarding all communications between the developer, flnancing
entities, and public officials prior to this request.
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address
the dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming measures
on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for
your commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Emily Barber
eabarber08@gmail.com
2740 W Vanike Dr. Fayetteville, AR 7
Forwarded message ---------
From: Shane Kinniell <skinniell@gmail.com>
Date: Wed, May 13, 2026 at 1:57 PM
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 - Dustin Shane Kinniell
To: <andrew.brink@fayetteville-ar.gov>
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Dustin Shane Kinniell, and I am a resident of an affected neighborhood near the
proposed development area on Deane Solomon. I am writing to formally voice my opposition to the
requested rezoning and development associated with Plan Number: RZN-2026-0015.
Public Comment
Post Agenda Session
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of this
magnitude— moving from low-density greenfleld to high-intensity residential— must be held to the
highest standard of scrutiny. The applicant has not yet demonstrated that this proposal aligns with
the Fayetteville Unifled Development Code, existing infrastructure capacities, or the long -term
compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding neighborhood.
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).
Increased pedestrian foot traffic on Dean Solomon which has incomplete sidewalk access going
both north and south of Vanike.
Stormwater, runoff, grading, and downstream drainage impacts affect neighboring properties
especially the stormwater fiooding that develops behind the north side of Vanike properties during
heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic development
pattern.
Whether existing utilities, emergency services, and transportation infrastructure can adequately
support the proposed density/ intensity.
The Case for Incompatibility and Infrastructure Friction
Fayetteville has an established precedent of protecting stable neighborhoods from incompatible,
high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240). Under Arkansas law and
Fayetteville’ s own planning framework, the burden of proof rests entirely on the applicant to
demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
cumulative traffic load of this project combined with other pending developments in the immediate
corridor, which threatens to degrade the local Level of Service (LOS) to a failing grade.
Formal Requests for Transparency and Mitigation
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this application to
the public immediately.
Public Comment
Post Agenda Session
Require independent third-party reviews of all traffic, drainage, and infrastructure assumptions
rather than relying solely on data provided by the applicant. This should include the “Next Chapter”
community of 270 units that was recently approved for construction but not yet built.
Ensure full transparency regarding all communications between the developer, flnancing entities,
and public officials prior to this request.
Required Infrastructure Analysis
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address the dangerous
gaps on Deane Solomon between Mt. Comfort and Hwy-112.
A developer-funded mitigation plan for sidewalk installation and traffic calming measures on
Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Dustin Shane Kinniell
skinniell@gmail.com
3165 N Night Heron Dr
From: Jessica House <jhouse5782@yahoo.com>
Sent: Friday, May 22, 2026 8:31 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Re: Formal Opposition to Rezoning Petition RZN-2026-0015 - Jessica Johnson
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Jessica Johnson, and I am a resident of an affected neighborhood near the
Public Comment
Post Agenda Session
proposed development area on Deane Solomon.
I am writing to formally voice my opposition to the requested rezoning and development
associated with Plan Number: RZN-2026- 0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of
this magnitude—moving from low-density greenfleld to high-intensity residential—must be held
to the highest standard of scrutiny. The applicant has not yet demonstrated that this proposal
aligns with the Fayetteville Unifled Development Code, existing infrastructure capacities, or the
long-term compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding
neighborhood.
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).
Increased pedestrian foot traffic on Dean Solomon which has incomplete sidewalk access
going both north and south of Vanike.
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring
properties (especially the stormwater fiooding that develops behind the north side of Vanike
properties during heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
Insufficient transition buffering between existing residential uses and the proposed intensity.
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic
development pattern.
Whether existing utilities, emergency services, and transportation infrastructure can
adequately support the proposed density/ intensity.
Public Comment
Post Agenda Session
The Case for Incompatibility and Infrastructure Friction:
Fayetteville has an established precedent of protecting stable neighborhoods from
incompatible, high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240).
Under Arkansas law and Fayetteville’ s own planning framework, the burden of proof rests
entirely on the applicant to demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
cumulative traffic load of this project combined with other pending developments in the
immediate corridor, which threatens to degrade the local Level of Service (LOS) to a failing
grade.
Formal Requests for Transparency and Mitigation:
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this
application to the public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure
assumptions rather than relying solely on data provided by the applicant. This should
include the “Next Chapter” community of 270 units that was recently approved for
construction but not yet built.
Ensure full transparency regarding all communications between the developer,
flnancing entities, and public officials prior to this request.
Required Infrastructure Analysis:
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address
Public Comment
Post Agenda Session
the dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming
measures on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Jessica Johnson
jhouse5782@yahoo.com
3131 N Night Heron Dr, Fayetteville, AR, 72704
On Friday, May 22, 2026 at 08:05:14 AM CDT, Masters, Jessica <jmasters@fayetteville-ar.gov>
wrote:
Good morning,
Thank you for re-sending. Unfortunately, I do not appear to have your original message, and the
information below is cut off. Can you please re-forward to me your original email so I can add it to
the record?
Thank you,
Jessie
Jessie Masters, AICP
Planning Director
Development Services
City of Fayetteville, Arkansas
Public Comment
Post Agenda Session
479) 575-8239
www.fayetteville-ar.gov
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Please note that Planning is currently short-staffed and that communications and review
times may increase as a result. Please bear with us in the interim.
From: Jessica Johnson <jhouse5782@yahoo.com>
Sent: Thursday, May 21, 2026 7:34 PM
To: Brink, Andrew <andrew.brink@fayetteville-ar.gov>; Holeyfleld, Ashlyn
ashlyn.holeyfleld@fayetteville-ar.gov>; Brewer, H. Rice <hrice.brewer@fayetteville-ar.gov>; Gulley,
Fred <fred.gulley@fayetteville-ar.gov>; Madden, Mary <mary.madden@fayetteville-ar.gov>;
McGetrick, Mary <mary.mcgetrick@fayetteville-ar.gov>; Cabe, Matthew
matthew.cabe@fayetteville-ar.gov>; Castin, Nick <nick.castin@fayetteville-ar.gov>; Werner, Nick
nick.werner@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Re: Formal Opposition to Rezoning Petition RZN-2026-0015 - Jessica Johnson
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Resending. Sent on 5/18.
Please ensure this is attached to the meeting refrences on 5/26. I did not receive notiflcation that it
was received or will be included.
Thanks!
Jessica Johnson
On May 18, 2026, at 9:52 AM, Jessica House <jhouse5782@yahoo.com> wrote:
Public Comment
Post Agenda Session
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Jessica Johnson, and I am a resident of an affected neighborhood near the
proposed development area on Deane Solomon.
I am writing to formally voice my opposition to the requested rezoning and development associated
with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of
this magnitude—moving from low-density greenfleld to high-intensity residential—must be held
to the highest standard of scrutiny. The applicant has not yet demonstrated that this proposal
aligns with the Fayetteville Unifled Development Code, existing infrastructure capacities, or the
long-term compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding
neighborhood.
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).
Increased pedestrian foot traffic on Dean Solomon which has incomplete sidewalk access
going both north and south of Vanike.
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring
properties (especially the stormwater fiooding that develops behind the north side of Vanike
properties during heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
Insufficient transition buffering between existing residential uses and the proposed intensity.
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic
development pattern.
Whether existing utilities, emergency services, and transportation infrastructure can
Public Comment
Post Agenda Session
adequately support the proposed density/ intensity.
The Case for Incompatibility and Infrastructure Friction:
Fayetteville has an established precedent of protecting stable neighborhoods from
incompatible, high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240).
Under Arkansas law and Fayetteville’ s own planning framework, the burden of proof rests
entirely on the applicant to demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
cumulative traffic load of this project combined with other pending developments in the
immediate corridor, which threatens to degrade the local Level of Service (LOS) to a failing
grade.
Formal Requests for Transparency and Mitigation:
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this
application to the public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure
assumptions rather than relying solely on data provided by the applicant. This should
include the “Next Chapter” community of 270 units that was recently approved for
construction but not yet built.
Ensure full transparency regarding all communications between the developer,
flnancing entities, and public officials prior to this request.
Required Infrastructure Analysis:
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address
the dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming
measures on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Public Comment
Post Agenda Session
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Jessica Johnson
jhouse5782@yahoo.com
3131 N Night Heron Dr, Fayetteville, AR, 72704
From: Leta Darling <letadarling@icloud.com>
Sent: Friday, May 22, 2026 8:50 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Fwd: Rezoning Petition RZN-2026-0015 – Opposition Letter
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hi, Jessie,
My opposition letter (see below) was not included in the agenda packet.
Are you able to add please? Thank you for your help.
Respectfully,
Leta
Begin forwarded message:
From: Leta Darling <letadarling@icloud.com>
Date: May 19, 2026 at 11:13:45 PM CDT
To: hrice.brewer@fayetteville-ar.gov, fred.gulley@fayetteville-ar.gov, mary.madden@fayetteville-
ar.gov, mary.mcgetrick@fayetteville-ar.gov, matthew.cabe@fayetteville-ar.gov,
nick.castin@fayetteville-ar.gov, nick.werner@fayetteville-ar.gov
Cc: andrew.brink@fayetteville-ar.gov, ashlyn.holeyfleld@fayetteville-ar.gov
Subject: Rezoning Petition RZN-2026-0015 – Opposition Letter
Hey you guys.
Public Comment
Post Agenda Session
I know you are going to get a lot of these because the residents in the area are resoundingly
opposed to the rezone and development under consideration. My hope is that you thoughtfully
consider the content as well as the number of communications you receive.
Please deny this rezoning request. There are many reasons to do so. I’ll try to be succinct and only
address four.
1) Drainage. The existing residential area was built on a swamp. The clay content is high, and so is
the water table. The existing residents currently employ methods ranging from sump pumps to
paving sections of their backyards to enable year-round use. Otherwise, there can be standing
water for months of the year (this includes the backyards of the houses on Vanike, which would
border the proposed development). While East and Central Fayetteville have sewer and drainage
issues due to growth and aging infrastructure, the west side is relatively new and already
experiences comparable issues. Clabber Creek fioods to the point that it runs over Dean Solomon
and/or Salem at times. Adding runoff by decreasing the surrounding flelds and trees will intensify
the problem. This development could deflnitely impact the fioodplain.
Should the rezoning not be denied immediately, I would ask you to please consider a delay to allow
a third-party study of the area's ability to accommodate the necessary drainage and sewage
systems tied to the project. The city might require the applicant to present a sewer system plan for
review by a third-party expert and approval by the city PRIOR to the rezone, with the cost of the
study and plan implementation to be borne by the applicant. Understanding that some basic
infrastructure or connections are already in place, the study could examine whether these could
support such a concentrated population without substantial additional cost to the city.
2) The additional traffic fiow would be untenable with the current infrastructure, and making
the necessary modiflcations would be costly.
Dean Solomon is a two-lane road with no shoulders. It cannot support the thoroughfare. If
expanded, the huge drainage ditch on the west side would be lost. This will exacerbate existing
drainage issues tied to Clabber Creek and the area's overall physiography and topography. An
additional stoplight at the corner of Dean Solomon and Shiloh Dr. would be required at the very
least, but the additional traffic burden would still cause signiflcant congestion and delays.
Mount Comfort is already overburdened— even now, before the HUGE apartment complex under
construction at the Salem Dr. junction is occupied.
3) Fayetteville’ s rental market is saturated. We don’t need more rentals—particularly not
apartments. We need homes. Homes of the type compatible with the current zoning.
4) This project is directly opposed to the City of Fayetteville’s long-term plan.
There are no commercial services on Mount Comfort, other than two gas stations. This
development would not be a step towards a walkable community. The proposed is not inflll. It is
greenfleld development. This development would DESTROY the aesthetic of the surrounding
neighborhood, congest the area, and operate in direct contrast to the city’s stated goals. This is
Public Comment
Post Agenda Session
urban sprawl. ( If apartments were to be allowed there, limiting them to those built over businesses
in support of the city’s long-term plan to promote walkable, sustainable communities would be a
better approach.) Please consider the costs to the city in developing this area, with an eye toward
achieving long-term goals.
I don’t want an apartment complex in my backyard for the same reasons you wouldn’t. Transient
populations, higher incidence of crime, diminished property values, environmental concerns, you
name it.
But this particular project isn’t just objectionable for personal reasons of the neighboring residents.
It will be extremely costly in many ways, both immediately and long-term. It is contrary to the city’s
long-term plan. It is against the city’s overall best interest.
Please vote with the residents and the city you protect. Please deny this rezone.
Thank you for your time, your thoughtful consideration, and your commitment to public service.
Respectfully,
Leta Darling
Neighboring Resident
Fayetteville, AR 72704
Original Message-----
From: Lex Broyles <LBroyles@knwa. com>
Sent: Friday, May 22, 2026 9:16 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Rezoning on Vanike & Deane Solomon
Hello,
I am writing to protest the rezoning plan in this area. I live off of Deane Solomon and so I see the
traffic issues and the water runoff and fiooding issues.
Placing multi family in a purely residential single family neighborhood area with zero commercial
services is not aligned with city guidelines. Everyone that is added to this area will have to drive long
distances for anything other than a gas station.
Also planning commission lists Deane Solomon as a neighborhood link street that can handle more
traffic yet it has none of the characteristics listed in the city’ s own guidelines for what constitutes a
link street: “ these streets may have on street parking, center turn lanes, or wider lanes
accommodating truck or transit vehicles where appropriate.”
Public Comment
Post Agenda Session
Deane Solomon has none of these features and in fact is the exact opposite of what the city code
describes. It is so narrow that several times a year a car ends up in the ditch on the west side of the
road.
Multi family is not appropriate, nor can the street handle the additional traffic it would bring.
None of the traffic discussion incorporates the number of autos that will be added with the
Underwood development as well as park visitors once that is flnally completed.
Please keep this development single family.
Thank you for your service to the city.
Lex Broyles
Sent from my iPhone
From: Jon F <jon.felker@gmail.com>
Sent: Friday, May 22, 2026 9:56 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Fwd: Formal Opposition to Rezoning Petition RZN-2026-0015 - Jonathan Felker
Forwarded message ---------
From: Jon F <jon.felker@gmail.com>
Date: Sat, May 16, 2026 at 10:14 AM
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 - Jonathan Felker
To: <andrew.brink@fayetteville-ar.gov>, <ashlyn.holeyfleld@fayetteville-ar.gov>,
hrice.brewer@fayetteville-ar.gov>, <fred.gulley@fayetteville-ar.gov>, <mary.madden@fayetteville-
ar.gov>, <mary.mcgetrick@fayetteville-ar.gov>, <matthew.cabe@fayetteville-ar.gov>,
nick.castin@fayetteville-ar.gov>, <nick.werner@fayetteville-ar.gov>
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Jonathan Felker, and I am a resident of an affected neighborhood near the proposed
development area on Deane Solomon. I am writing to formally voice my opposition to the requested
rezoning and development associated with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of this
magnitude—moving from low-density greenfleld to high-intensity residential—must be held to the
highest standard of scrutiny. The applicant has not yet demonstrated that this proposal aligns with
the Fayetteville Unifled Development Code, existing infrastructure capacities, or the long-term
compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding neighborhood.
Public Comment
Post Agenda Session
Increased traffic burden and safety concerns on already constrained road
infrastructure ( especially Dean Solomon, Vanike, W Salem, Hwy-112).
Increased pedestrian foot traffic on Dean Solomon which has incomplete sidewalk access going
both north and south of Vanike.
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring properties
especially the stormwater fiooding that develops behind the north side of Vanike properties during
heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
Insufficient transition buffering between existing residential uses and the proposed intensity.
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic development
pattern.
Whether existing utilities, emergency services, and transportation infrastructure can adequately
support the proposed density/ intensity.
The area is a wet prairie with subterranean prairie crawflsh. This means there is constantly ground
water, so retention ponds for any proposed developments will remain full and not capture storm
water. Increased impermeable surfaces without retention will only stress the new Underwood park
drainage, and potentially raise the fiood zone of Clabber Creek.
The vacancy rate of multifamily apartments has skyrocketed. If this development is a speculative
investment, there is potential that the development is never flnished. This could become
abandoned unflnished structures if the market cannot support more luxury multifamily units.
Fayetteville needs more options for flrst time home buyers, not apartments.
The Case for Incompatibility and Infrastructure Friction Fayetteville has an established precedent of
protecting stable neighborhoods from incompatible, high-intensity shifts in land use (e.g.,
REZONING PETITION RZN 15-5240).
Under Arkansas law and Fayetteville’ s own planning framework, the burden of proof rests entirely
on the applicant to demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically
and visually inconsistent with the surrounding character. Furthermore, the city must account for
the cumulative traffic load of this project combined with other pending developments in
the immediate corridor, which threatens to degrade the local Level of Service (LOS) to a
failing grade.
Formal Requests for Transparency and Mitigation
Before any vote is taken on this matter, I request that the City:
Public Comment
Post Agenda Session
Disclose all communications, studies, and staff recommendations related to this application to the
public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure assumptions
rather than relying solely on data provided by the applicant. This should include the “Next Chapter”
community of 270 units that was recently approved for construction but not yet built.
Ensure full transparency regarding all communications between the developer, flnancing entities,
and public officials prior to this request.
Required Infrastructure Analysis
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address the dangerous
gaps on Deane Solomon between Mt. Comfort and Hwy-112.
A developer-funded mitigation plan for sidewalk installation and traffic calming measures on Deane
Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for
your commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Jonathan Felker
479-841-9048
2722 W Vanike Dr
jon.felker@gmail.com
From: Debbie Medlock <medlockd8350@gmail.com>
Sent: Friday, May 22, 2026 10:54 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Fwd: Opposition to RZN-2026-0015
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Public Comment
Post Agenda Session
Forwarded message ---------
From: Debbie Medlock <medlockd8350@gmail.com>
Date: Fri, May 8, 2026 at 12:35 PM
Subject: Opposition to RZN-2026-0015
To: <planning@fayetteville-ar.gov>
Dear Fayetteville Planning Commission,
I am writing to formally express my opposition to RZN-2026-0015 resulting increase in traffic that
will affect my street.
As a resident of the Cobblestone subdivision living on Marble Drive, I am deeply concerned about
the impact that additional vehicle volume will have on the safety, noise levels, and overall quality of
life in our neighborhood. I request that my opposition be noted for the record during the planning
and review process.
Thank you for your time and for considering the concerns of the residents.
Best regards,
Deborah Medlock
From: Lisa Leclerc <lisaleclercmn@gmail.com>
Sent: Friday, May 22, 2026 10:57 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Fwd: Formal Opposition to Rezoning Petition RZN-2026-0015 - Lisa B Leclerc
Begin forwarded message:
From: Lisa Leclerc <lisaleclercmn@gmail.com>
Date: May 19, 2026 at 3:18:24 PM CDT
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 - Lisa B Leclerc
Public Comment
Post Agenda Session
Sent from my iPhone
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Lisa B Leclerc , and I am a resident of an affected neighborhood near the proposed
development area on Deane Solomon. I am writing to formally voice my opposition to the
requested rezoning and development associated with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of
this magnitude—moving from low-density greenfleld to high-intensity residential—must be held
to the highest standard of scrutiny. The applicant has not yet demonstrated that this proposal
aligns with the Fayetteville Unifled Development Code, existing infrastructure capacities, or the
long-term compatibility principles of our neighborhood.
My primary concerns include:
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).• Increased pedestrian foot traffic on Dean
Solomon which has incomplete sidewalk access
going both north and south of Vanike.
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring
properties (especially the stormwater fiooding that develops behind the north side of Vanike
properties during heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
Insufficient transition buffering between existing residential uses and the proposed intensity.
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic
development pattern.
The Case for Incompatibility and Infrastructure Friction
Fayetteville has an established precedent of protecting stable neighborhoods from
incompatible, high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240).
Under Arkansas law and Fayetteville’ s own planning framework, the burden of proof rests
Public Comment
Post Agenda Session
entirely on the applicant to demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
cumulative traffic load of this project combined with other pending developments in the
immediate corridor, which threatens to degrade the local Level of Service (LOS) to a failing
grade.
Formal Requests for Transparency and Mitigation
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this
application to the public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure
assumptions rather than relying solely on data provided by the applicant. This should
include the “Next Chapter” community of 270 units that was recently approved for
construction but not yet built.
Ensure full transparency regarding all communications between the developer,
flnancing entities, and public officials prior to this request.
Required Infrastructure Analysis
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address
the dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming
measures on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.Please include this letter in the
official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Lisa B Leclerc
4373 W Sandingham St
Fayetteville, AR 72704
Public Comment
Post Agenda Session
Forwarded message ---------
From: Eric Schuldt <gohawgsgo@gmail.com>
Date: Tue, May 19, 2026 at 7:45 PM
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 - Eric and Angie Schuldt
To: <andrew.brink@fayetteville-ar.gov>, <ashlyn.holeyfleld@fayetteville-ar.gov>,
hrice.brewer@fayetteville-ar.gov>, <fred.gulley@fayetteville-ar.gov>, <mary.madden@fayetteville-
ar.gov>, <mary.mcgetrick@fayetteville-ar.gov>, <matthew.cabe@fayetteville-ar.gov>,
nick.castin@fayetteville-ar.gov>, <nick.werner@fayetteville-ar.gov>
Dear Planning Committee:
Our names are Eric and Angie Schuldt, and we are residents of a neighborhood near a proposed
development area on Deane Solomon. We are writing to formally voice our opposition to the
requested rezoning and development associated with Plan Number: RZN-2026-0015.
We respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of
this magnitude moving from low-density greenfleld to high-intensity residential must be held to the
highest standard of scrutiny. We do not believe that the proposal aligns with the existing
infrastructure capacities, or the long-term compatibility principles of our neighborhood.
Our primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding
neighborhood.
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring
properties (especially the stormwater fiooding that develops behind the north side of Vanike
properties during heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
Insufficient transition buffering between existing residential uses and the proposed intensity.
The wetland preserves and natural habitat of numerous animal life.
The Case for Incompatibility and Infrastructure Friction
The proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
Public Comment
Post Agenda Session
cumulative traffic load of this project combined with other pending developments in the
immediate corridor, which threatens to degrade the local Level of Service (LOS) to a failing
grade.
Required Infrastructure Analysis
We further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address
the dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming
measures on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Eric and Angie Schuldt
gohawgsgo@gmail.com
2756 W. Vanike Drive
From: Sarah Martin <smrtn64@gmail.com>
Sent: Friday, May 22, 2026 3:27 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Fwd: Formal Opposition to Rezoning Petition RZN-2026-0015
From: smrtn64@gmail.com>
Date: May 18, 2026 at 14:37:44 CDT
To: andrew.brink@fayetteville-ar.gov, ashlyn.holeyfleld@fayetteville-ar.gov,
hrice.brewer@fayetteville-ar.gov, fred.gulley@fayetteville-ar.gov, mary.madden@fayetteville-ar.gov,
mary.mcgetrick@fayetteville-ar.gov, matthew.cabe@fayetteville-ar.gov, nick.castin@fayetteville-
ar.gov, nick.werner@fayetteville-ar.gov
Cc: teresa.turk@fayetteville-ar.gov
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Sarah Martin, and I am a resident of an affected neighborhood near the proposed
development area on Deane Solomon. I am writing to formally voice my opposition to the
requested rezoning and development associated with Plan Number: RZN-2026-0015.
Public Comment
Post Agenda Session
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of
this magnitude— moving from low-density greenfleld to high-intensity residential— must be held
to the highest standard of scrutiny. The applicant has not yet demonstrated that this proposal
aligns with the Fayetteville Unifled Development Code, existing infrastructure capacities, or the
long-term compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding
neighborhood.• Increased traffic burden and safety concerns on already constrained road
infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic
development pattern.
The Case for Incompatibility and Infrastructure Friction
Fayetteville has an established precedent of protecting stable neighborhoods from
incompatible, high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240).
Under Arkansas law and Fayetteville’ s own planning framework, the burden of proof rests
entirely on the applicant to demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
cumulative traffic load of this project combined with other pending developments in the
immediate corridor, which threatens to degrade the local Level of Service (LOS) to a failing
grade.
Formal Requests for Transparency and Mitigation
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this
application to the public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure
Public Comment
Post Agenda Session
assumptions rather than relying solely on data provided by the applicant. This should
include the “Next Chapter” community of 270 units that was recently approved for
construction but not yet built.
Ensure full transparency regarding all communications between the developer,
flnancing entities, and public officials prior to this request.
Required Infrastructure Analysis
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address
the dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming
measures on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for
your commitment to responsible growth and your service to the residents of Fayetteville.
Thank you,
Sarah Martin
2867 Vanike Dr Fayetteville
From: Jason Miller <jakaamiller@gmail.com>
Sent: Friday, May 22, 2026 4:38 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Fwd: Formal Opposition to Rezoning Petition RZN-2026-0015 - Amanda Miller
Begin forwarded message:
From: Jason Miller <jakaamiller@gmail.com>
Date: May 19, 2026 at 9:27:38 PM CDT
To: andrew.brink@fayetteville-ar.gov, ashlyn.holeyfleld@fayetteville-ar.gov,
hrice.brewer@fayetteville-ar.gov, fred.gulley@fayetteville-ar.gov, mary.madden@fayetteville-ar.gov,
mary.mcgetrick@fayetteville-ar.gov, matthew.cabe@fayetteville-ar.gov, nick.castin@fayetteville-
ar.gov, nick.werner@fayetteville-ar.gov
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 - Amanda Miller
Public Comment
Post Agenda Session
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Amanda Miller, and I am a resident of an affected neighborhood near the
proposed development area on Deane Solomon. I am writing to formally voice my opposition to
the requested rezoning and development associated with Plan Number: RZN-2026- 0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning
of this size— moving from low-density greenfleld to high-intensity residential— must be held to the
highest standard of scrutiny. The applicant has not yet demonstrated that this proposal
aligns with the Fayetteville Unifled Development Code, existing infrastructure capacities, or the
long-term compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding
neighborhood.• Increased traffic burden and safety concerns on already constrained road
infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring
properties (especially the stormwater fiooding that develops behind the north side of Vanike
properties during heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
Insufficient transition buffering between existing residential uses and the proposed intensity.
The wetland preserve and natural habitat of numerous animal life.
The Case for Incompatibility and Infrastructure Friction
Fayetteville has an established precedent of protecting stable neighborhoods from
incompatible, high-intensity shifts in land use (e.g., REZONING PETITION RZN 15-5240).
Under Arkansas law and Fayetteville’ s own planning framework, the burden of proof rests
entirely on the applicant to demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
cumulative traffic load of this project combined with other pending developments in the
Public Comment
Post Agenda Session
immediate corridor, which threatens to degrade the local Level of Service (LOS) to a failing
grade.
Formal Requests for Transparency and Mitigation
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this
application to the public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure
assumptions rather than relying solely on data provided by the applicant. This should
include the “Next Chapter” community of 170 units that was recently approved for
construction but not yet built.
Ensure full transparency regarding all communications between the developer,
flnancing entities, and public officials prior to this request.
Required Infrastructure Analysis
I further request that the City require the following as a condition of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address
the dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming
measures on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville
Sincerely,
Amanda Miller
Jakaamiller@gmail.com
3086 N Night Heron Dr. Fayetteville, AR 72704
Sent from my iPhone
Public Comment
Post Agenda Session
From: Lauren Mrak <laurenmrak@gmail. com>
Sent: Sunday, May 24, 2026 7:04 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Formal Opposition to Rezoning Petition RZN-2026-0015 -Lauren Mrak
Dear Fayetteville Planning Commissioners and Planning Staff,
My name is Lauren Mrak , and I am a resident of an affected neighborhood near the proposed
development area on Deane Solomon. I am writing to formally voice my opposition to the requested
rezoning and development associated with Plan Number: RZN-2026-0015.
I respectfully urge the Planning Commission to recommend denial of this petition. A rezoning of this
magnitude—moving from low-density greenfleld to high-intensity residential—must be held to the
highest standard of scrutiny. The applicant has not yet demonstrated that this proposal aligns with
the Fayetteville Unifled Development Code, existing infrastructure capacities, or the long -term
compatibility principles of our neighborhood.
My primary concerns include:
Spot-zoning and incompatibility with the established character of the surrounding
neighborhood.
Increased traffic burden and safety concerns on already constrained road infrastructure
especially Dean Solomon, Vanike, W Salem, Hwy-112).
Increased pedestrian foot traffic on Dean Solomon which has incomplete sidewalk access
going both north and south of Vanike.
Stormwater, runoff, grading, and downstream drainage impacts affecting neighboring properties
especially the stormwater fiooding that develops behind the north side of Vanike
properties during heavy rains due to improper drainage).
Potential reduction in neighboring property values and quality of life.
The wetland preserve and natural habitat of numerous animal life.
Precedent-setting impacts for future rezonings inconsistent with the area’s historic development
pattern.
Whether existing utilities, emergency services, and transportation infrastructure can adequately
support the proposed density/ intensity.
Increased number of accidents at the crosswalks and the bike trail crossing.
Public Comment
Post Agenda Session
The Case for Incompatibility and Infrastructure Friction Fayetteville has an established precedent of
protecting stable neighborhoods from incompatible, high-intensity shifts in land use (e.g.,
REZONING PETITION RZN 15-5240). Under Arkansas law and Fayetteville’s own planning
framework, the burden of proof rests
entirely on the applicant to demonstrate that this change serves the public welfare.
In this case, the proposed density presents an abrupt and harsh transition that is physically and
visually inconsistent with the surrounding character. Furthermore, the city must account for the
cumulative traffic load of this project combined with other pending developments in the immediate
corridor, which threatens to degrade the local Level of Service (LOS) to a failing grade.
Formal Requests for Transparency and Mitigation
Before any vote is taken on this matter, I request that the City:
Disclose all communications, studies, and staff recommendations related to this
application to the public immediately.
Require independent third-party reviews of all traffic, drainage, and infrastructure
assumptions rather than relying solely on data provided by the applicant. This should
include the “Next Chapter” community of 270 units that was recently approved for
construction but not yet built.
Ensure full transparency regarding all communications between the developer,
flnancing entities, and public officials prior to this request.
Required Infrastructure Analysis I further request that the City require the following as a condition
of any further consideration:
A comprehensive pedestrian connectivity and sidewalk impact analysis to address
the dangerous gaps on Deane Solomon between Mt. Comfort and Hwy -112.
A developer-funded mitigation plan for sidewalk installation and traffic calming
measures on Deane Solomon, W. Salem, Ika Dr., and Vanike Dr.
Please include this letter in the official public record for this application. Thank you for your
commitment to responsible growth and your service to the residents of Fayetteville.
Sincerely,
Lauren Mrak
laurenmrak@gmail.com
Public Comment
Post Agenda Session
2571 W Vanike Dr, Fayetteville, AR 72704
Original Message-----
From: Brittney <brexit@gmail.com>
Sent: Tuesday, May 26, 2026 11:31 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>; Planning Shared <planning@fayetteville-
ar.gov>
Subject: Opposition to RZN-2026-0015
To whom it may concern,
My name is Brittney Robison and I live on Bentley Ridge, which is in the neighborhood including Van
Ike. I am highly against this rezoning. It is not compatible with this neighborhood nor is it compatible
with this part of Fayetteville .
You are destroying our city. Just take a look at what happened east of the Fayetteville high school
football stadium… just one example out of hundreds. Every time I leave my house, there is a new
monster apartment complex and several of the charming Fayetteville homes are gone. Enough is
enough. I have lived in Fayetteville since 1989 ,after I graduated from high school .While much of
the growth has been positive, in the last few years, it has completely gotten out of hand. Leave our
peaceful neighborhood alone, please.
Sincerely,
Brittney Robison
479-366-8514
From: Leslie Stephens <lesliebstephens@gmail.com>
Sent: Tuesday, May 26, 2026 10:34 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Opposition to RZN-2026-0015
Leslie Stephens, MS, CHES
From: Clark Eckels <clark.eckels@gmail.com>
Sent: Tuesday, May 26, 2026 1:22 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Please Support Dean Solomon Rezoning and Staff Code Amendments
Dear Planning Commissioners,
My name is Clark Eckels and I live at 95 E. Madrid Street. I am writing to ask you to support the
following items at tonight's meeting and forward them to the City Council with a recommendation
of approval.
Public Comment
Post Agenda Session
RZN-2026- 0015: Rezoning ( NORTHWEST OF N DEANE SOLOMON ROAD AND W VANIKE DR/ DRP
HOLDINGS LLC, 246 & 247)
I urge you to support this rezoning as it aligns with our city's long term goals and is located in
close proximity to major water infrastructure improvements, Clabber Creek Trail, Holcombe
Elementary, and the new Underwood Park. I grew up on nearby Howard Nickell Rd and lived
for more than 4 years just off of Hwy 112 and know the area well. I think some modest
density would serve this area well!
ADM-2026-0006: Administrative Item (Unifled Development Code
Section 155. 01)
Please support this item as it will grant homebuilders more fiexibility in addressing our
current housing crisis.
ADM-2026-0007: Administrative Item (Unifled Development Code
Sections 161.12, 161.22, 161.24, 161.27, and 161.28)
Please support this item as it will grant homebuilders more fiexibility in addressing our
current housing crisis.
ADM-2026-0009: Administrative Item (Unifled Development Code
Sections 172.05)
I believe that the city council made a reactive and short sighted decision when it approved
Ordinance 6864 last May. This ordinance has had a signiflcant negative impact on the ability
to build affordable housing and address the housing crisis in our city.Not only did it reduce
the maximum allowed reductions to parking in most cases, it removed the ability to make
reductions by right, thus adding delays and uncertainty to homebuilders. Fayetteville was a
national leader in parking reform when it repealed commercial parking minimums and set
the previous standards back in 2015 and it is frustrating to see us moving backward on this
issue in the midst of a housing crisis. Across the country, more than 100 cities (including
Rogers) have repealed their parking minimums entirely.
I urge you to support this amendment from city staff. While it does not go as far as I might
like, it does make incremental progress in the right reduction. While I wish that it would
return by right reductions to homebuilders who provide bike parking or build in proximity to
trail and transit, I really like that this ordinance is designed to best support local small scale
by signiflcantly increasing their maximum possible parking reductions. In addition to
taking up a lot of space, parking is also expensive to build. I think giving homebuilders
especially local ones) more fiexibility to decide how much parking the market demands for
their speciflc site is a critical piece of the puzzle in making housing in our city more
affordable.
Thank you so much for your consideration.
Clark Eckels
Public Comment
Post Agenda Session
From: Katie Garman <katgarman@gmail. com>
Sent: Tuesday, May 26, 2026 4:34 PM
To: Masters, Jessica < jmasters@fayetteville-ar.gov>; Planning Shared < planning@fayetteville-
ar.gov>; Agenda Item Comment < agendaitemcomment@fayetteville-ar.gov>
Subject: RZN-2026-0015 comment
Hi there!
I'd like to make comment that I am AGAINST the proposition of "RZN-2026-0015: Rezoning
NORTHWEST OF N DEANE SOLOMON ROAD AND W VANIKE DR/ DRP HOLDINGS LLC, 246 & 247):
Submitted by CRAFTON TULL for property located NORTHWEST OF N DEANE SOLOMON ROAD
AND W VANIKE DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRES AND CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 36.2
acres. The request is to rezone the property to RMF-12, RESIDENTIAL-MULTI FAMILY, 12 UNITS PER
ACRE and RSF-8, RESIDENTIAL SINGLE-FAMILY, EIGHT UNITS PER ACRE."
I live in this neighborhood, and I bike through this area no less than 5 times a week. I'm deeply
connected to the wildlife and ecosystem that is budding and repairing itself from previous
developments. I'd like to make it known that this area is a riparian area, wetlands, hydric soils, and
we already have issues with fiooding in the surrounding neighborhoods. We' ve fought hard to
preserve what is still left of the surrounding wetland area, there are protected species that are
trying to make a comeback on this entire side of town, and we continue to take 1 step forward and 2
steps back in being stewards to our Natural State motto. I believe we have done irreparable harm to
the area already; with a constant oversight being all the areas that are also affected downstream.
I do support more housing in Fayetteville, but when we have areas like the NWA mall sitting and
rotting away, it makes me think we should better think about the areas that have already been
developed and could be better utilized for high-density housing rather than continuously mowing
over our nature preserves, wetlands and other wildlife areas for the sake of new construction and
putting a "housing flx" sticker/ stamp of approval. Yes we need more housing but we can't continue
to pave paradise for parking lots & cheap short-term housing flxes.
This area is home to so much wildlife, and it would be detrimental to continue to develop it into
oblivion. We have so many native species, including plants that help with the absorption of water
runoff to prevent fiood neighboring areas and also downstream areas that are already maxed out...
Putting high density housing means you have to also alotte for adequate parking, and we've seen
time and time again that more parking is NOT the answer for preventing public sprawl or preserving
nature/ helping with runoff.
I'd like to argue IN FAVOR or upholding these Fayettville Vision 2050 Guiding Principles:
Public Comment
Post Agenda Session
Ecosystem Preservation, Naturally beautiful city, & Well maintained infrastructure & facilities. This
speciflc area does not need more irresponsible housing, it needs more preservation. And until it
can be proven that developers actually consider the environmental impact their construction will
have, it shouldn' t be handled as fiippantly and quietly called a " rezoning issue"
In conclusion, we already have areas in Fayetteville ( huge empty parking lots, and buildings falling
to disrepair, etc) that are developed and could/ SHOULD be considered for high density housing.
Please stop mowing over our NATURE without the foresight of how it will wash away Fayetteville in
the future and cause more harm than good; when one doesn' t consider the huge role that
nature/ wildlife/ ecosystems actually hold in keeping our land in good working condition ( ie
thunderstorms, major fiooding, tornados, snow/ice runoff, etc) you can't truly appreciate it' s beauty
when everything is sunshine and rainbows.
From: jeff glover < gloverjeff@hotmail. com>
Sent: Tuesday, May 26, 2026 6:03 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Rezoning at Vanike and Dean Soloman
Good afternoon,
This e-mail is in regards to Planning Commission review of rezoning request at Vanike Dr. and Dean
Solomon. I read the staff flndings. I disagree that this rezoning will not increase density and
somehow aligns with the existing neighborhoods. It is curious to me why the proposal does not
follow the existing neighborhood structure for the larger parcel and puts the burden on the
commission to justify why not change it. I would rather the developer explain why it should be
changed. A few extra dollars for their endeavor should not dictate our neighborhood' s ongoing
overcrowding and lower cost development encroachment.
I understand that the flndings are focused on traffic, infrastructure, etc. I am more concerned
about GREEN space in Fayetteville. Have any of you looked around? The changes in the last 6
months, 1 year, 3 years, 5 years is staggering. It almost feels that we won't have an open fleld or
stand of trees left at this rate in this decade.
For someone who enjoys the neighborhood amenities, the trail system, the open space and the
wildlife, I would say that this development would be an utter loss to our community. I understand
that development will occur in the large parcel but seriously th e full stand of trees that create a
buffer for wildlife is outrageous. Tree City?
Jeff Glover
3295 W. Barite Dr
From: Sarah Geurtz <sdg@eda-pa.com>
Sent: Thursday, May 21, 2026 10:12 AM
Public Comment
Post Agenda Session
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: RE: Deane Solomon rezone question
I have contacted the NWA Land Trust to see if it applies to just their land strip there. This morning,
the Corps told me that there’s a wetland mitigation area there for a past development and that I
would have to FOIA them to flnd out more.
Sarah Geurtz, PLA
Landscape Architect
EDA
From: Masters, Jessica <jmasters@fayetteville-ar.gov>
Sent: Thursday, May 21, 2026 10:09 AM
To: Sarah Geurtz <sdg@eda-pa.com>
Subject: RE: Deane Solomon rezone question
Got it. Thank you for pointing this out! This is deflnitely more of a development-level detail, but I will
make sure it is noted in the Planning Commission report.
Jessie
Jessie Masters, AICP
Planning Director
Development Services
City of Fayetteville, Arkansas
479) 575-8239
www.fayetteville-ar.gov
Website | Facebook | Twitter | Instagram | YouTube
From: Sarah Geurtz <sdg@eda-pa.com>
Sent: Thursday, May 21, 2026 9:32 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: RE: Deane Solomon rezone question
I apologize! I hit some keyboard shortcut that sent my below email accidentally! I have no idea what
key combo does that. Frustrating!
Anyway, this parcel holds water ( and Wilson Wetland Prairie is adjacent).
Public Comment
Post Agenda Session
Sincerely,
Sarah Geurtz, PLA
Landscape Architect
EDA
From: Sarah Geurtz
Sent: Thursday, May 21, 2026 9:18 AM
To: 'Masters, Jessica' <jmasters@fayetteville-ar.gov>
Subject: RE: Deane Solomon rezone question
Thank you, Jessica. I took a photograph of the sign yesterday (pic is attached). I have also attached
an image of where this sign is located.
Sarah Geurtz, PLA
Landscape Architect
EDA
From: Masters, Jessica <jmasters@fayetteville-ar.gov>
Sent: Wednesday, May 20, 2026 3:10 PM
To: Sarah Geurtz <sdg@eda-pa.com>
Subject: RE: Deane Solomon rezone question
Sarah,
Thank you for the question, and sorry for the delay in my response.
County records are showing me that this piece of property is currently owned by DRP Holdings, LLC,
who is requesting the rezoning. While I don’t doubt that there are likely areas that the Corps may
have jurisdiction in places due to the presence of wetlands in the general area, I’m not immediately
seeing where the Corps owns property? Please help point me to what you are seeing so I can work
to get you the best answers.
As far as your question regarding the current CPZD that governs this property, this can be found in
Ordinance 4523. The lot in question is referred to in several documents on record for that item as
Lot 4”, which currently grants entitlement to building multi-family structures on that property. The
applicant is requesting to remove this from the CPZD, and transition to a standard zoning district
that would allow for more uses, by-right, with some additional density.
Hopefully this answers your questions. Happy to provide additional information where I can.
Jessie
Public Comment
Post Agenda Session
From: Sarah Geurtz <sdg@eda-pa.com>
Sent: Tuesday, May 12, 2026 1:44 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Deane Solomon rezone question
Hi, Jessie.
Can you provide information about the past CPZD approved off Deane Solomon (go to the
intersection of W Vanike Dr and Deane Solomon to zoom to it)? The Corps has a strip of land
between the trail and Deane Solomon posted but the land is now up for a rezone to potentially put
apartments on it and I’m confused about this. I’m wondering if this Corps strip was given to the
Corps to maintain as part of the overall CPZD agreement back in the day.
I have attached the neighbor notiflcation packet here for your reference.
Thank you,
Sarah Geurtz
Additional Information Received
Date Received:
MM/DD/YYYY
Time :
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
06/30/2026
4:23 PM
Jessie Masters, Planning Director
City Clerk's Office
07/07/2026
2026-1944
Received from department staff with City
Attorneys copied.
CITY COUNCIL MEMO
2026-2023
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Planning Director
SUBJECT: RZN-2026-0016: Rezoning (1905 E MISSION BLVD/ROLF WILKIN, 370): Submitted by
DAKOTA DEVELOPMENT LLC for property located at 1905 E MISSION BLVD. in
WARD 3. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL AND RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately
2.50 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits ‘A’ and ‘B’.
BACKGROUND:
The subject property is in central Fayetteville at the southeast corner of the N. Greenview Dr. and E. Mission
Blvd. intersection. A 2.50-acre parcel, the property is currently developed with a commercial building that
County records indicate was constructed in 1966. The property is partly encumbered by the Hillside/Hilltop
Overlay District. The property is split-zoned C-1, Neighborhood Commercial and RSF-4, Residential Single-
Family, 4 Units per Acre, and records indicate the subject property was split-zoned prior to the update to City’s
zoning map and classifications in 2003 (ORD 4503).
Request: The request is to rezone the property from RSF-4, 4 Units per Acre and C-1, Neighborhood
Commercial to CS, Community Services.
Public Comment: Staff did not receive any public comment on this request.
Land Use Compatibility: Staff finds the requested rezoning is compatible with surrounding land uses. The
property sits within a mixed-use area along E. Mission Blvd, a Neighborhood Link street. The property’s
majority C-1 zoning supports nearby residential developments through by-right allowances for eating places,
retail, and offices and offers an urban form setback option (build-to zone) that promotes pedestrian interaction,
a great benefit considering the property’s existing trail frontage. The existing RSF-4 zoning allows for only low-
intensity residential with limited commercial uses and stricter lot requirements ( 70-ft. width; 8,000 sq. ft. area
minimum). Rezoning the property to CS, Community Services, allows for additional residential and commercial
uses that are not permitted in either C-1 or RSF-4, but that can complement the area. Additionally, this zoning
district has no bulk or area requirements, incorporates the urban form setback, and a 5-story height maximum,
making it a stronger fit for this corridor.
Land Use Plan Analysis: Staff finds the proposed zoning partially consistent with the property's Future Land
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
Use Map designation as Residential Neighborhood Area, which emphasizes residential development with
supporting commercial uses at a appropriate locations that include on corners and along connecting corridors.
CS is more consistent with the future plan for this corridor as it allows both residential and supporting
commercial uses. The property lies approximately 1,000 feet west of a Tier 3 center at N. Meridian Dr. and E.
Mission Blvd., which is defined by City Plan 2040 as a mixed-use node with commercial and/or multi-family
development. CS supports this context. A CS rezoning aligns with surrounding uses and City Plan 2040 Goals
1 (appropriate infill), 3 (connected and compact development), and 6 (attainable housing) by opening up
additional opportunities for more housing in a form that is compact, complete, and connected.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 5 for this site. The
following elements of the matrix contribute to the score:
Adequate Fire Response (Station 5, 2979 N. Crossover Rd)
Near Sewer Main (8-inch, N. Greenview Dr; 6-inch N. Greenview Dr.)
Near Water Main (8-inch, E. Mission Blvd;. 2-inch, E. Mission Blvd)
Near City Park (Broadview Subdivision Park)
Near Paved Trail (Side-Path Trail)
DISCUSSION:
At the June 8, 2026 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a
recommendation of approval. Commissioners offered little comment, finding that the request was compatible
with surrounding land uses and future land use goals. No members of the public spoke at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2023
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2026-16 FOR APPROXIMATELY 2.5 ACRES LOCATED AT 1905 EAST MISSION
BOULEVARD IN WARD 3 FROM C-1, NEIGHBORHOOD COMMERCIAL AND RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, TO CS, COMMUNITY
SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department’ s Agenda Memo from C-1, Neighborhood Commercial and RSF-4,
Residential, Single-Family, Four Units per Acre, to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
City of Fayetteville Staff Review Form
2026-2023
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Jonathan Curth 6/ 18/ 2026 DEVELOPMENT REVIEW ( 630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2026- 0016: Rezoning ( 1905 E MISSION BLVD/ ROLK WILKIN, 370): Submitted by DAKOTA DEVELOPMENT LLC for
property located at 1905 E MISSION BLVD. in WARD 3. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL
ACRES AND RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 2.50 acres. The
request is to rezone the property to CS, COMMUNITY SERVICES.
Budget Impact:
NumberFundAccount
Project Number Project Title
Budgeted Item? No Total Amended Budget
Expenses ( Actual+ Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No -$ Budget Adjustment
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
RZN-2026-0016 1905 E MISSION BLVD
EXHIBIT A
Close Up View
H A CKBERRY DR
N P-1L
A
S
RSF-4 LI
NR LD YD BO B O N B LVDSSIO M ILI W
N
WI
L
A
N
DMARK HL
CSC-1 R D
O R Y
R-A TProposed C-1
E R V A
SBO RETESubject Property R
LVEDE
E
B
PANORAMA PL
DR BOULDERRDG
ALLEY
1888NVIEW
R E E
G NC
N T D R GREENVIEW
RVIEWPOINT DR WPOI
D NE
I
V
Zone Current Proposed
C-1 1.6 2.5
Neighborhood Link NC 0.0 0.0
Unclassified RSF-4 0.9 0.0
Residential Link Feet
Hillside-Hilltop Overlay District
0 150 300 45060075
Planning Area
2,400 Total 2.5 ac1:Fayetteville City Limits
EXHIBIT BGIS Approved
05/01/2026
LEGAL DESCRIPTION OF PROPERTY TO BE REZONED
PT W/2 SE SW 2.50 A FURTHER DESCRIBED AS: A part of the SE 1/4 of the SW 1/4 of
Section 2, T-16-N, R-30-W, Washington County, Arkansas, being more particularly described as
follows: Beginning at a 1/2" rebar located N 03°40'34" E, 731.85 feet and S 87.48'42" E, 349.91
feet from a stone located at the SW corner of said forty acre tract, and running thence N
03°42'40" E, 285.74 feet to a 1/2" rebar located on the South right-of-way line of Arkansas State
Highway #45; thence N 69°26'54" E, 339.95 feet along said right-of-way to a 1/2" rebar; thence
leaving said right-of-way and runningS 03°42'40" W, 417.19 feet to a 1/2" rebar; thence N
87"48'42" W, 310.03 feet to the point of beginning, containing 2.50 acres, more or less.
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Wes Frank, Planner
MEETING DATE: June 8, 2026 Updated with results
SUBJECT: RZN-2026-0016: Rezoning ( 1905 E MISSION BLVD/ROLK WILKIN,
370): Submitted by DAKOTA DEVELOPMENT LLC for property located at
1905 E MISSION BLVD. The property is zoned C-1, NEIGHBORHOOD
COMMERCIAL ACRES AND RSF-4, RESIDENTIAL SINGLE-FAMILY,
FOUR UNITS PER ACRE and contains approximately 2.50 acres. The
request is to rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2026-0016 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
I move to forward RZN-2026-0016 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in central Fayetteville at the southeast corner of the N. Greenview Dr. and
E. Mission Blvd. intersection. A 2.50-acre parcel, the property is currently developed with a
commercial building that County records indicate was constructed in 1966. The property is partly
encumbered by the Hillside/Hilltop Overlay District. The property is split-zoned C-1, Neighborhood
Commercial and RSF-4, Residential Single-Family, 4 Units per Acre, and records indicate the
subject property was split-zoned prior to the update to City’s zoning map and classifications in
2003 (ORD 4503). Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
South Single-Family Residential NC, Neighborhood Conservation
East Undeveloped CS, Community Services
West Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
Request: The request is to rezone the property from RSF-4, 4 Units per Acre and C-1,
Neighborhood Commercial to CS, Community Services.
Public Comment: To date, staff has received no public comment regarding this request.
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 1 of 16
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has street frontage along E. Mission Blvd. which is a fully
improved Neighborhood Link street with asphalt paving, sidewalk and curb and
gutter. The subject area also has street frontage along N. Greenview Dr. which is
a partially improved Residential Link street with asphalt paving and open ditches.
Any street improvements required in these areas would be determined at the time
of the development proposal.
Water: Public water is available to the subject area. Existing 8-inch water main is present
along E. Mission Blvd. Existing 2-inch water main is present along E. Mission Blvd.
Sewer: Sanitary sewer is available to the subject area. Existing 8-inch sewer main is
present along N. Greenview Dr. Existing 6-inch sewer main is present along N.
Greenview Dr.
Drainage: A portion of the property lies within the Hillside-Hilltop overlay district. Additional
restrictions will apply at the time of development. Engineered footing designs will
be required at the time of building permit submittal, as well as grading, erosion
control and abbreviated tree preservation plans. No portion of the property lies
within a FEMA floodplain. Additionally, no protected streams are present on the
subject property. No hydric soils are present on the property.
Fire: Station 5, located at 2979 N. Crossover Rd., protects this site. The property is
located approximately 2 miles from the fire station with an anticipated drive time of
approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district, CS, Community services, requires 20% minimum
canopy preservation. The current zoning districts, C-1, Neighborhood
Commercial requires 20% minimum canopy preservation and RSF-4, Single-
family Residential — 4 Units per Acre, requires 25% minimum canopy
preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low-intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 2 of 16
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 5 for this site
with a weighted score of 4.5. The following elements of the matrix contribute to the score:
Adequate Fire Response (Station 5, 2979 N. Crossover Rd)
Near Sewer Main (8-inch, N. Greenview Dr; 6-inch N. Greenview Dr.)
Near Water Main (8-inch, E. Mission Blvd;. 2-inch, E. Mission Blvd)
Near City Park (Broadview Subdivision Park)
Near Paved Trail (Side-Path Trail)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the requested rezoning compatible with
surrounding land uses. The property sits within a mixed-use area along E.
Mission Blvd, a Neighborhood Link street. The property’ s majority C-1
zoning supports nearby residential developments through by-right
allowances for eating places, retail, and offices and offers an urban form
setback option (build-to zone) that promotes pedestrian interaction, a great
benefit considering the property’ s existing trail frontage. The existing RSF-4
zoning allows for only low-intensity residential with limited commercial uses
and stricter lot requirements ( 70-ft. width; 8,000 sq. ft. area minimum).
Rezoning the property to CS, Community Services, allows for additional
residential and commercial uses that are not permitted in either C-1 or RSF-
4. Additionally, this zoning district has no bulk or area requirements,
incorporates the urban form setback, and a 5-story height maximum, making
it a stronger fit for this corridor.
Land Use Plan Analysis: Staff finds the proposed zoning partially consistent
with the property's Future Land Use Map designation as Residential
Neighborhood Area, which emphasizes residential development with
supporting commercial uses. CS is more compatible for this corridor as it
allows both residential and supporting commercial uses. The property lies
approximately 1,000 feet west of a Tier 3 center at N. Meridian Dr. and E.
Mission Blvd., which is defined by City Plan 2040 as a mixed-use node with
commercial and/or multi-family development. CS would support this context.
A CS rezoning aligns with surrounding uses and City Plan 2040 Goals 1
appropriate infill), 3 ( connected and compact development), and 6
attainable housing) by opening up additional opportunities for more
housing in a form that is compact, complete, and connected.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds there is justification to rezone the split zoned property from RSF-
4 and C-1 to entirely CS. A rezoning to CS would permit the development of
light commercial and residential, which could support the nearby residential
dwellings along a high-volume corridor while also improving housing stock.
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 3 of 16
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that rezoning the property from its split zoning to entirely CS
could increase traffic, though not to an appreciable degree when considering
its existing entitlements. The subject property has direct access to two
public streets and fronts along a newly constructed trail which could provide
alternative options of transportation. Any street improvements required in
this area would be determined at the time of development proposal.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from C-1 and RSF-4 to CS has the potential to alter
the population density since CS would allow for increased residential
development. Given the property’s proximity to public streets, trails, water,
sewer, and schools, staff finds that the proposed rezoning is not likely to
undesirably increase the load on public services. Any necessary upgrades
or improvements to existing infrastructure would be determined at the time
of development. Fayetteville Public Schools did not comment on this
request. The Police and Fire departments have expressed no objections to
the proposal.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2026-0016 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: June 8, 2026 Tabled X Forwarded Denied
with a
Motion: Brink recommendation of
approval.
Second: Cabe
Vote: 9-0-0
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 4 of 16
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
One Mile Map
Close-Up Map
Current Land Use Map
Future Land Use Map
Unified Development Code
o § 161.07 District RSF-4, Residential Single-Family — Four (4) Units Per Acre
o § 161.21 District C-1, Neighborhood Commercial
o § 161.22 Community Services
Long-Range Planning Memo
Request Letter
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 5 of 16
RZN-2026-0016 1905 E MISSION BLVD
One Mile View N
TOWNSHIP ST
0 50.0.25 0. Miles13RD
WIRE
OLD
RSF-4
RMF-24
R-O
C-1
Subject Property
MISSION BLVD
P-1
CS
R-A
NC
Regional Link
Neighborhood Link
Regional Link -High Activity
Unclassified
Residential Link
Shared-Use Paved Trail
Trail ( Proposed)
Fayetteville City Limits
Planning Area
Planning Area
Fayetteville City Limits
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 6 of 16
RZN-2026-0016 1905 E MISSION BLVD
Close Up View
H A CKBERRY DR
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R E E
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N T D R GREENVIEW
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I
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Zone Current Proposed
C-1 1.6 2.5
Neighborhood Link NC 0.0 0.0
Unclassified RSF-4 0.9 0.0
Residential Link Feet
Hillside-Hilltop Overlay District
0 150 300 45060075
Planning Area
2,400 Total 2.5 ac1:Fayetteville City Limits
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 7 of 16
RZN-2026-0016 1905 E MISSION BLVD
Current Land Use N
ODDRO Single-Family ResidentialW
I NW
M ISSION BLVD
Subject Property
Mixed Use Undeveloped
R E E
G
V
I
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W
P
OINT
DR
DR
NVIEW
Single-Family Residential
and Undeveloped
2025 Imagery | EagleView Technologies | Surdex Corporation
Neighborhood Link
Unclassified Feet
Residential Link
Planning Area
Fayetteville City Limits
0 5 225 450 675900112.
1:3,600
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 8 of 16
RZN-2026-0016 1905 E MISSION BLVD
Future Land Use N
RD TOWNSHIP ST
WIRE
OLD
City
Neighborhood
Subject Property
MISSION BLVD
Civic and
Private
Open Space
Residential
Neighborhood
Regional Link
Neighborhood Link
Regional Link -High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Trail ( Proposed)
Feet
0 440305610 1,220 1,830 2,
1:10,000
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
RZN-2026-0016 (ROLF WILKIN LLC)
Planning Commission
June 08, 2026
Page 9 of 16
161.07 District RSF-4, Residential Single-Family — Four (4) Units Per Acre
A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
B) Uses.
1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
C) Density.
Units per acre
Single-family
dwellings
4 or less
Two-family
dwellings
7 or less
D) Bulk and Area Regulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 feet 80 feet
Lot area minimum 8,000 square feet 12,000 square feet
Land area per 8,000 square feet 6,000 square feet
dwelling unit
Hillside Overlay 60 feet 70 feet
District Lot minimum
width
Hillside Overlay 8,000 square feet 12,000 square feet
District Lot area
minimum
Land area per 8,000 square feet 6,000 square feet
dwelling unit
E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
F) Building Height Regulations.
Building Height Maximum 3 stories
G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
Ord. No. 6945, §5(Exh. D), 12-16-25)
Planning Commission
June 08, 2026
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Page 10 of 16
161.21 District C-1, Neighborhood Commercial
A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build-to zone and
minimum buildable street frontage as specified herein.
B) Uses.
1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 5 Government Facilities
Unit 13 Eating places
Unit 15 Neighborhood shopping
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
Unit 25 Offices, studios, and related services
Unit 40 Sidewalk Cafes
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 16 Shopping goods
Unit 34 Liquor stores
Unit 35 Outdoor music establishments*
Unit 36 Wireless communications facilities*
Unit 42 Clean technologies
C) Density. None.
D) Bulk and Area Regulations. None.
E) Setback Regulations.
Front 15 feet
Front, if parking is allowed 50 feet
between the right-of-way and the
building
Side None
Side, when contiguous to a 10 feet
residential district
Rear 20 feet
Urban Form Setback Regulations:
Front A build-to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear None
Side or rear, when contiguous to 15 feet
a single-family residential district
F) Building Height Regulations.
Building Height Maximum 5 stories
Planning Commission
June 08, 2026
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Page 11 of 16
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any boundary line of an adjacent residential district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the difference between the total
height of that portion of the building, and two (2) stories.
G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
H) Urban form minimum buildable street frontage. 50% of the lot width.
Ord. No. 6945, §5(Exh. D), 12-16-25)
161.22 Community Services
A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed -
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the Community Services District is a commercial zone. The intent of
this zoning district is to provide standards that enable development to be approved administratively.
B) Uses.
1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-and four-family dwellings
Unit 13 Eating places
Unit 15 Neighborhood Shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre-approved uses.
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities*
Unit 42 Clean technologies
Unit 48 Private dormitories
Planning Commission
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RZN-2026-0016 (ROLF WILKIN LLC)
Page 12 of 16
C) Density. None.
D) Bulk and Area Regulations.
1) Lot Width Minimum.
Dwelling 18 feet
All others None
2) Lot Area Minimum. None.
E) Setback regulations.
Front A build-to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear None
Side or rear, when contiguous to 15 feet
a single-family residential district
F) Building Height Regulations.
Building Height Maximum 5 stories
G) Minimum Buildable Street Frontage. 50% of the lot width.
Ord. No. 6945, §5(Exh. D), 12-16-25)
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 13 of 16
TO: Jessie Masters, Planning Director
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: June 8, 2026
SUBJECT: Long Range Planning Comments Regarding RZN-2026-0016
BACKGROUND:
The applicant requests to rezone approximately 2.5 acres from RSF-4, Residential Single-
Family, Four Units Per Acre and C-1, Neighborhood Commercial to CS, Community Services.
One long range planning document is relevant when evaluating this request: City Plan 2040.
City Plan 2040 (2020):
City Plan 2040 includes several relevant plan goals and objectives:
Goal 1 – We will make appropriate infill and revitalization our highest priority.
Goal 2 – We will discourage suburban sprawl.
Goal 3 – We will make compact, complete, and connected development the standard.
Goal 6 – We will create opportunities for attainable housing.
o 3.6.1 -Increase housing choices by encouraging a mixture of housing types and sizes dispersed
throughout the city and in proximity to transit and active transportation networks. ( p.4 5)
On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive
plans and organized them into six primary goals. The goals were meant to focus the City’s
efforts on appropriate infill that furthers a variety of transportation options, supports the creation
of attainable housing, and limits the amount of land consumed by development on the City’s
periphery, often termed “suburban sprawl”.
DISCUSSION:
Zoning History:
The subject property was annexed into the City in 1967 (Ord. No. 1556). Then on June 29,
1970, Council enacted a new zoning map and set of districts and zoning requirements for the
city (Ord. No. 1747). This map shows the subject
property as zoned into the “C-1” neighborhood
commercial and low-density “R-1” zoning district,
which was subsequently translated to “C-1” and “RSF-
4,” respectively, with the adoption of the city’s Unified
Development Code in 2003. This request would unify
the property under one zoning district, clarifying this
property’s zoning requirements and standards.
Of note, the property to the east, which is also zoned
CS, was rezoned in 2011 with a bill of assurance
prohibiting several conditional uses including Figure 1. Excerpt from Ord. 5445 showing prohibited uses
cultural and institutional and transportation and outlined in a Bill of Assurance for the adjacent property.
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 14 of 16
drive-through uses (see Figure 1). Since these are standard conditional uses in the CS zoning
district, they would already require additional review and be subject to conditions of approval by
the Planning Commission. Staff has also found that administering zoning district subject to Bills
of Assurance can be cumbersome for property owners, city staff, and the Planning Commission.
As such, staff does not find a Bill of Assurance for this property to be prudent just because it
exists on an adjacent property.
City Plan 2040 and Future Land Use Plan:
The area is designated as “Residential Neighborhood” on the Future Land Use Map, which are
primarily residential in nature and support a wide variety of housing types of appropriate scale
and context.” The request aligns with this designation by adding a variety of residential types to
the portion of the site currently zoned C-1, where no housing is currently permitted, and expanding
beyond single-family detached residences for the portion currently zoned RSF-4. CS would
maintain the potential for complete development that offers goods and services to the surrounding
neighborhood. This meets goals 1, 2, & 6 of City Plan 2040 for complete infill development in
areas already supported by infrastructure.
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 15 of 16
Planning Commission
June 08, 2026
RZN-2026-0016 (ROLF WILKIN LLC)
Page 16 of 16
CITY COUNCIL MEMO
2026-2022
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Citlali Samano, Planner
SUBJECT: RZN-2026-0017: Rezoning (3105 N OLD WIRE RD/OWEN FAMILY TRUST,
255) Submitted by JASON APPEL for property located at 3105 N OLD WIRE RD in
WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS
PER ACRE and contains approximately 3.53 acres. The request is to rezone the
property to P-1, INSTITUTIONAL
RECOMMENDATION:
Staff and the Planning Commission recommend approval of forwarding RZN-2026-0017 to City Council with a
recommendation of approval.
BACKGROUND:
The subject property is in northeast Fayetteville on the northwest corner of N Old Wire Rd and E Skillern Rd.
While the subject property contains 3.53 acres, the overall property totals 8.7 acres, with the full acreage
currently zoned RSF-4, Residential Single-Family, Four Units per Acre. In April 2026, the Planning
Commission considered and denied a conditional use permit request for Mobius Learning Academy on the
property, with several commissioners expressing a preference to see the applicant seek a rezoning. The
property is in the process of being split into two lots (LSP-2026-0016) with the proposed 3.53 acre lot located
towards the south end, abutting N. Old Wire Rd. The property is not subject to any overlay districts but is
partially within the floodplain, floodway, and streamside protection zone associated with Flynn Creek to the
west.
Request: The request is to rezone the subject property, totaling 3.53 acres, from RSF-4, Residential Single-
Family, Four Units per Acre to P-1, Institutional.
Public Comment: Staff has received three public comments, via email and in-person, citing concerns about
traffic, road infrastructure, pedestrian/cyclist safety, and streamside protection drainage.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4. The following elements
of the matrix contribute to the score:
Adequate Fire Response (Station 5, 2493 N Crossover Rd)
Near Water Main (6” line, N Old Wire Rd and 36” line along Flynn Creek)
Near City Park (Rocky Branch Park)
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
Near Paved Trail (Niokaska Creek Trail)
Land Use Compatibility: Staff finds the proposed institutional zoning to be compatible with the existing land use
pattern and intent of the district standards. The subject property is situated along N. Old Wire Road, which is
classified as a Neighborhood Link Street designed to transition traffic from low-volume local roads to regional
arterials. This specific street topology prioritizes pedestrian and cyclist safety by incorporating wider
greenspaces and accommodating bicycle traffic on sidewalks rather than active drive lanes, establishing an
infrastructure network well-suited for mixed-use and community-oriented facilities. While the immediate vicinity
consists of residential zoning lots that currently lack institutional services, the broader corridor transitions
systematically into commercial and mixed-use zones. Placing an institutional facility at this location provides a
logical land use buffer between these intensities. Specifically, the applicant has stated their intent to establish a
childcare facility serving an estimated 100 to 300 students from the surrounding area; while the final enrollment
capacity remains subject to state licensing laws and regulations, the core intent of the use remains unchanged.
Importantly, while this rezoning request explicitly evaluates the compatibility of the proposed use on the
property, any future development of the site will mandate full compliance with city standards, including
necessary roadway dedication and infrastructure improvements along the property frontage. Utilizing direct
access to a transitional thoroughfare mitigates commercial traffic intrusion into local neighborhood streets,
while these required development-stage improvements will ensure safe site ingress and egress. Consequently,
the request aligns with municipal policies that encourage functional, visually enhanced institutional
development along primary transit corridors.
Land Use Plan Analysis: Staff finds that while the request is not fully consistent with the property's Future Land
Use Map designations of Natural Area and Residential Neighborhood, it strongly aligns with the strategic
objectives of City Plan 2040. The existing Natural Area designation reflects an intent to preserve natural
landscapes, which is likely designated in conjunction with the floodway, floodplain, and streamside protection
zones associated with Flynn Creek along the western boundary of the property. However, the surrounding
Residential Neighborhood designation anticipates housing densities that would benefit significantly from
proximate, neighborhood-serving services. Utilizing a P-1 (Institutional) zoning district establishes an
appropriate land-use balance by bridging established residential areas, natural zones, and high-activity streets.
Furthermore, the P-1 district maintains a 25% minimum tree canopy requirement, ensuring that future
development actively preserves the surrounding environmental context and maintains the core intent of the
Natural Area designation. Allowing this specific use strengthens residential connectivity along N. Old Wire
Road as it links to a major regional arterial like N. Crossover Road. This development pattern directly supports
City Plan 2040 Goal #4 and Goal #5 by growing a livable transportation network and assembling an enduring
green network through compact, complete, and connected development. Specifically, any future development
improvements on the site could offer a critical opportunity to assist in expanding and connecting the city's
active trail network. Ultimately, the proposed use will contribute to local economic activity and provide a
needed institutional service to the immediate community.
DISCUSSION:
At its June 9, 2026, meeting, the Planning Commission voted 7-1-0 to forward the request to the City Council
with a recommendation of approval. While the Commission generally raised no concerns with the proposed
zoning district, they requested that City staff address public comments from two residents regarding traffic,
water, and sewer capacities. In response, staff clarified that water service would likely be accessed from the
west side of the parcel, while sewer service would necessitate an extension from the south. Furthermore, staff
noted that street improvements will be evaluated during the large-scale development process, and a significant
institutional use could trigger a requirement for a traffic study to determine if off-site improvements are
necessary.
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2022
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2026-17 FOR APPROXIMATELY 3.53 ACRES LOCATED AT 3105 NORTH OLD WIRE
ROAD IN WARD 3 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRE, TO P-1, INSTITUTIONAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map ( Exhibit A) and the legal description ( Exhibit B) both
attached to the Planning Department’ s Agenda Memo from RSF-4, Residential, Single-Family, Four
Units per Acre, to P-1, Institutional.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
City of Fayetteville Staff Review Form
2026-2022
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Jonathan Curth 6/ 16/ 2026 DEVELOPMENT SERVICES ( 620)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2026- 0017: Rezoning ( 3105 N OLD WIRE RD/ OWEN FAMILY TRUST, 255) Submitted by JASON APPEL for
property located at 3105 N OLD WIRE RD in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,
FOUR UNITS PER ACRE and contains approximately 3.53 acres. The request is to rezone the property to P-1,
INSTITUTIONAL.
Budget Impact:
NumberFundAccount
Project Number Project Title
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
No
No
No -$
Total Amended Budget
Expenses ( Actual+ Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Purchase Order Number: Previous Ordinance or Resolution #
V20221130
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Niok a s k a C r e e k
Conn e c t o r
Nio
kaska
Cre
ek
Trail
Ni
o
k
a
s
k
a
C
r
e
e
k
Co
n
n
e
c
t
o
r
NiokaskaCreekConnector
Proposed P-1
W A R W I C KDR
ACADIANACT
OLD WIRE RD
CROSSOVERRD
CROSSOVER
RD
SKILLERN RD
R-A
RPZD
RSF-4
P-1
Regional Link
Neighborhood Link
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2026-0017 3105 N OLD WIRE RD
N
0 150 300 45060075
Feet
Subject Property
Zone Proposed
P-1
RSF-4
3.5
0.0
Total 3.5ac1:2,400
Current
0.0
3.0
SURVEY DESCRIPTION TRACT 1 (THIS PLAT).
A PART OF THE E1/2 OF THE NW1/4 OF THE NW1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 29 WEST,
WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 31; THENCE ALONG THE
SOUTH LINE OF SAID NW1/4 OF THE NW1/4 S87°27'42"E 954.19 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF N. CROSSOVER RD. / HWY. 265 (R/W VARIES) AND THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY
RIGHT-OF-WAY LINE THE FOLLOWING 3 (THREE) COURSES: N03°10'21"E 58.81 FEET TO AN AHTD ALUMINUM
MONUMENT FOUND; N80°29'12"W 104.01 FEET TO AN AHTD ALUMINUM MONUMENT FOUND; N03°06'42"W 266.38 FEET
TO AN AHTD ALUMINUM MONUMENT FOUND; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE S88°38'15"E
486.04 FEET TO THE EAST LINE OF SAID NW1/4 OF THE NW1/4 OF SECTION 31; THENCE ALONG SAID EAST LINE
S02°29'29"W 346.49 FEET TO THE SOUTHEAST CORNER OF SAID NW1/4 OF THE NW1/4; THENCE ALONG THE SOUTH
LINE OF SAID NW1/4 OF THE NW1/4 N87°27'46"W 357.41 FEET TO THE POINT OF BEGINNING, CONTAINING 3.53
ACRES, MORE OR LESS. SUBJECT TO THE RIGHT-OF-WAY OF N. OLD WIRE ROAD AND SUBJECT TO ANY EASEMENTS,
COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
FROM: Citlali Samano, Planner
MEETING DATE: June 8, 2026 updated with PC results
SUBJECT: RZN-2026-0017: Rezoning ( 3105 N OLD WIRE RD/OWEN FAMILY
TRUST, 255) Submitted by JASON APPEL for property located at 3105 N
OLD WIRE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and contains approximately 3.53 acres.
The request is to rezone the property to P-1, INSTITUTIONAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2026-0017 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
I move to forward RZN-2026-0017 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in northeast Fayetteville on the northwest end of the intersection of N Old
Wire Rd and E Skillern Rd. The property contains one parcel totaling 8.7 acres whilst the subject
property contains 3.53 acres which is currently zoned RSF-4, Residential Single-Family, Four
Units per Acre. The parcel is in the process of being split into two parcels (LSP-2026-0016) with
the lot sizes noted above and the subject property being towards the south end of the parcel. The
property is not subject to any overlay districts but is partially within the floodplain, floodway, and
streamside protection zone to the west. Surrounding land uses and zoning are depicted in Table
1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Residential RSF-4, Residential Single-Family, Four Units per Acre
South Residential RPZD, Residential Planned Zoning District
East Residential RSF-4, Residential Single-Family, Four Units per Acre; R-A,
Residential Agricultural
West Crossover Rd; Residential RSF-4, Residential Single-Family, Four Units per Acre
Request: The request is to rezone the subject property from RSF-4, Residential Single-Family,
Four Units per Acre to P-1, Institutional
Public Comment: Staff has received one public comment citing traffic concerns, road
infrastructure, pedestrian/cyclist safety, and streamside protection drainage concerns.
PlanningPlanning CommissionCommission
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PagePage 11 ofof 1517
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along North Old Wire Road. North Old Wire
Road is a partially improved Neighborhood Link Street with asphalt paving and
open ditches. Any street improvements required in these areas would be
determined at the time of development proposal. Any additional improvements or
requirements for drainage will be determined at time of development.
Water: Public water is available to the subject property. There is an existing 6-inch water
main along North Old Wire Road and an additional 8-inch water main along North
Old Wire Road.
Sewer: Sanitary Sewer is not available to the subject property.
Drainage: While no portion of the property lies within the Hillside Hilltop Overlay District
HHOD) and there are no known wet weather sewer capacity issues in the City’s
2025 Sewer Master Plan, the site does contain a FEMA floodplain, a protected
stream, and hydric soils that will trigger future development restrictions and
reviews. A floodplain development review will be required at the time of permit or
plan submittal to restrict flood zone impacts, which may require flood studies,
elevation certificates, or formal FEMA approval. Additionally, the property is
subject to Streamside Protection Zone regulations, creating a protected buffer that
is a minimum of 50 feet wide from the top of the stream bank, and potentially wider
based on the floodway, where buildings and parking lots are prohibited, though
trails and certain utilities are allowed. Finally, because hydric soils indicate the
potential presence of wetlands, further environmental studies are required; before
any permits can be issued, an environmental professional must submit a report
verifying the site conditions, and if wetlands are identified, a US Army Corps of
Engineers ( USACE) Determination of Jurisdictional Wetlands will be required
during the development submittal process.
Fire: Station 5, located at 2979 N. Crossover Rd., protects this site. The property is
located approximately 0.3 miles from the fire station with an anticipated drive time
of approximately 1 minute using existing streets. The anticipated response time
would be approximately 3.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The current zoning district of RSF-4, Residential Single-Family, Four Units per
Acre, requires 25% minimum canopy preservation. The proposed zoning district
of P-1, Institutional, requires 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Residential Neighborhood and Natural
Areas.
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PagePage 22 ofof 1517
Residential Neighborhoods are primarily residential in nature and support a wide variety of
housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low-intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
Natural Areas consist of lands approximating or reverting to a wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4 for this site
with a weighted score of 4.5. The following elements of the matrix contribute to the score:
Adequate Fire Response (Station 5, 2493 N Crossover Rd)
Near Water Main (6” line, N Old Wire Rd and 36” line along Flynn Creek)
Near City Park (Rocky Branch Park)
Near Paved Trail (Niokaska Creek Trail)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The proposed institutional development is
compatible with the existing land use pattern and complies with the intent of
the district standards. The subject property is situated along N. Old Wire
Road, which is classified as a Neighborhood Link Street designed to
transition traffic from low-volume local roads to regional arterials. This
specific street topology prioritizes pedestrian and cyclist safety by
incorporating wider greenspaces and accommodating bicycle traffic on
sidewalks rather than active drive lanes, establishing an infrastructure
network well-suited for mixed-use and community-oriented facilities. While
the immediate vicinity consists of residential zoning lots that currently lack
institutional services, the broader corridor transitions systematically into
commercial and mixed-use zones. Placing an institutional facility at this
location provides a logical land use buffer between these intensities.
Specifically, the applicant has stated their intent to establish a childcare
facility serving an estimated 100 to 300 students from the surrounding area;
while the final enrollment capacity remains subject to state licensing laws
and regulations, the core intent of the use remains unchanged. Importantly,
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PagePage 33 ofof 1517
while this rezoning request explicitly evaluates the compatibility of the
proposed use on the property, any future development of the site will
mandate full compliance with city standards, including necessary roadway
dedication and infrastructure improvements along the property frontage.
Utilizing direct access to a transitional thoroughfare mitigates commercial
traffic intrusion into local neighborhood streets, while these required
development-stage improvements will ensure safe site ingress and egress.
Consequently, the request aligns with municipal policies that encourage
functional, visually enhanced institutional development along primary
transit corridors.
Land Use Plan Analysis: Staff finds that while the request is not fully
consistent with the property's Future Land Use Map designations of Natural
Area and Residential Neighborhood, it strongly aligns with the strategic
objectives of City Plan 2040. The existing Natural Area designation reflects
an intent to preserve natural landscapes, which is likely designated in
conjunction with the floodway, floodplain, and streamside protection zones
associated with Flynn Creek along the western boundary of the property.
However, the surrounding Residential Neighborhood designation
anticipates housing densities that would benefit significantly from
proximate, neighborhood-serving services. Utilizing a P-1 ( Institutional)
zoning district establishes an appropriate land-use balance by bridging
established residential areas, natural zones, and high-activity streets.
Furthermore, the P-1 district maintains a 25% minimum tree canopy
requirement, ensuring that future development actively preserves the
surrounding environmental context and maintains the core intent of the
Natural Area designation. Allowing this specific use strengthens residential
connectivity along N. Old Wire Road as it links to a major regional arterial
like N. Crossover Road. This development pattern directly supports City Plan
2040 Goal #4 and Goal #5 by growing a livable transportation network and
assembling an enduring green network through compact, complete, and
connected development. Specifically, any future development
improvements on the site could offer a critical opportunity to assist in
expanding and connecting the city's active trail network. Ultimately, the
proposed use will contribute to local economic activity and provide a needed
institutional service to the immediate community.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from RSF-4 to P-1 does not fully maintain the site’s agreement with
its mixed “ Natural Area” and “ Residential Neighborhood” designation,
however the Natural Areas are encompassed by Flynn Creek and its
surrounding flood designations.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RSF-4 to P-1 Institutional constitutes a shift from
residential use to public and institutional use; however, because P-1 is not a
residential district, this change will not increase residential density, but
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PagePage 44 ofof 1517
rather site intensity. While the applicant currently intends to build a childcare
facility, the P-1 district broadly allows for uses such as parkways, wildlife
preserves, art galleries, museums, schools, hospitals, community centers,
etc. Any of these allowable uses would work well at this location by providing
valuable civic infrastructure, community services, or preserved open spaces
that integrate into the surrounding area without introducing dense housing.
Staff acknowledges that this shift in use will increase localized traffic
intensity compared to a standard residential subdivision, but this
intensification does not inherently present an unmanageable danger to the
street network. Comprehensive traffic mitigation, including required street
improvements, crosswalk updates, and vehicular safety measures, will be
fully evaluated through the city's standard development review process for
any permitted use. Crucially, as documented during the prior lot split review,
there is currently no public sewer access along this property frontage;
therefore, extension of and connection to the municipal sewer system
remains a mandatory prerequisite that must be resolved by the applicant
before any future development or building permits can be approved on the
site.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from RSF-4 to P-1 would increase the potential
population at the site through intensity and not density, but staff does not
find that it would be to an undesirable degree given typical school hours;
staff finds that given the City’s growth and moderate infill score, this
rezoning would be an incremental step in providing more community
services.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: Approval of the requested rezoning to an institutional district will introduce
a higher intensity of land use, resulting in increased traffic generation and
localized congestion at the intersection of N. Old Wire Road and W. Skillern
Road. While the potential for higher intensity and vehicular volume
represents a notable change from the existing single-family residential
pattern, these impacts are insufficient to warrant denial of the request.
Because a rezoning application is evaluated on the broad compatibility of
the proposed district and its allowable uses, detailed mitigation of these
infrastructure demands is deferred to the development review phase.
Consequently, mandatory street improvements and the expansion of City
sewer services will be evaluated for any future site development.
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PagePage 55 ofof 1517
RECOMMENDATION: Planning staff recommends forwarding RZN-2026-0017 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: June 8, 2026 Tabled Forwarded Denied
with rec. of approval
Motion: Cabe Commissioner Brewer voted in denial. Discussion was made from Commissioner Werner who
inquired about water and sewer access to the property. City Engineer, Justin Bland, clarified
the current conditions for water access to the west side of the parcel with a sewer lineSecond: Werner
extension to be recommended by City staff from the south in concurrence to LSP-2026-0016.
Additional clarification from Mr. Bland noted a traffic study and street improvements to be
Vote: 7-1-0 addressed with development review as per City code.
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
Project Maps
o One Mile Map
o Close-Up Map
o Current Land Use Map
o Future Land Use Map
Unified Development Code
o § 161.07 District RSF-4, Residential Single-Family, Four Units per Acre
o § 161.32 District P-1, Institutional
o § 163.05 Child Care; Nursery School
Staff Exhibits
o Long-Range Planning Memo
Applicant Exhibits
o Request Letter
Public Comment
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 6 of 17
RZN-2026-0017 3105 N OLD WIRE RD
One Mile View N
0 50.0.25 0. Miles13
RMF-24 P-1
CS
RI-12
4ARSF-R-CROSSOVERRD
OLD WIRE RD
Subject Property
NC
DR S K ILLERN RD
RD RPZDOAK BAILEY
R-OCROSSOVER
Regional Link
Neighborhood Link
Unclassified
Residential Link
Planned Neighborhood Link
Planned Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits Planning Area
Planning Area Fayetteville City Limits
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PagePage 77 ofof 1517
RZN-2026-0017 3105 N OLD WIRE RD
Close Up View
W A R
KDR
I CW
ke r eC ak r a s t o ceNiokConn
R-A
RD
CROSSOVER
RSF-4
a ilkas r a Tkk eNioCre
Subject Property
NiokaskaCreekConnector
NiCo o
n k
n a
e s
c
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k
o a
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k
P-1
Proposed P-1
OLD WIRE RD
ACADIANACT
SKILLERN RD
RPZD
CROSSOVERRD N
Regional Link
Zone Current Proposed
Neighborhood Link P-1
RSF-4
0.0
3.0
3.5
0.0
Residential Link
Trail (Proposed) Feet
Planning Area 0 150 300 45060075
Fayetteville City Limits 2,400 Total 3.5ac1:
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PagePage 88 ofof 1517
RZN-2026-0017 3105 N OLD WIRE RD
Current Land Use N
Single-Family Residential
WARWICK DR
Subject Property
Single-Family Residential Single-Family Residential
OLD WIRE RD RDSKILLERN
RD
CROSSOVER Single-Family Residential
and Undeveloped
CROSSOVERRD
2025 Imagery | EagleView Technologies | Surdex Corporation
Regional Link
Neighborhood Link
Residential Link Feet
Trail (Proposed)
0 5 225 450 675900112.
Planning Area
Fayetteville City Limits 1:3,600
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RZN-2026-0017 3105 N OLD WIRE RD
Future Land Use N
Regional Link
Neighborhood Link
Unclassified
Residential Link
Planned Neighborhood Link
Planned Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
CROSSOVERRD
Subject Property
RD
CROSSOVER
Feet
Residential
Neighborhood
OLD WIRE RD
S K ILLERN RD
0 440305610 1,220 1,830 2,
1:10,000
Natural
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
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161. 07 -District RSF-4, Residential Single-Family — Four ( 4) Units Per Acre
A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low
density detached dwellings in suitable environments, as well as to protect existing development of
these types.
B) Uses.
1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
C) Density.
Single-family Two-family
dwellings dwellings
Units per acre 4 or less 7 or less
D) Bulk and Area Regulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 feet 80 feet
Lot area minimum 8,000 square feet 12,000 square feet
Land area per dwelling 8,000 square feet 6,000 square feet
unit
Hillside Overlay 60 feet 70 feet
District Lot minimum
width
Hillside Overlay 8,000 square feet 12,000 square feet
District Lot area
minimum
Land area per 8,000 square feet 6,000 square feet
dwelling unit
E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
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F) Building Height Regulations.
Building Height Maximum 3 stories
G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such
lot. Accessory ground mounted solar energy systems shall not be considered buildings.
Ord. No. 6945, §5(Exh. D), 12-16-25)
161.32 - District P-1, Institutional
A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by public
and religious institutions. Larger facilities and institutions may still use historical setback regulations, but public and
religious institutions may also choose to use urban form with build-to zones and minimum buildable street
frontage allowing administrative approval.
B) Uses.
1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 46 Short-term rentals
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 12b General business
Unit 20 Commercial recreation, large sites
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
Unit 48 Private dormitories
C) Density. None.
D) Bulk and Area Regulations. None.
E) Setback Regulations.
Front 15 feet
Front, if parking is allowed between the right -of-way
and the building
50 feet
Side None
Side, when contiguous to a residential district 15 feet
Rear 20 feet
Front 15 feet
Front, if parking is allowed between the right -of-way
and the building
50 feet
Side None
Urban Form Setback Regulations
Front A build-to zone that is located
between 10 feet and a line 25
Planning Commission
June 08, 2026
RZN-2026- 0017 (OWEN FAMILY TRUST)
Page 12 of 15
Planning Commission
June 08, 2026
RZN-2026- 0017 (OWEN FAMILY TRUST)
Page 12 of 17
feet from the front property
line
Side and rear None
Side and rear, when contiguous to
a single-family residential district
15 feet
F) Building Height Regulations.
Building Height Maximum 6 stories*
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from side boundary line of an adjacent residential district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the difference between the total
height of that portion of the building, and two (2) stories.
G) Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such
lot. Accessory ground mounted solar energy systems shall not be considered buildings.
H) Urban form minimum buildable street frontage. 50% of the lot width.
Ord. No. 6945, §5(Exh. D), 12-16-25)
163.05 - Child Care; Nursery School
All such establishments, other than Registered Child Care Family Homes authorized pursuant to Section 164.24 of
the Unified Development Code, shall be located on lots which:
A) Minimum Lot Area. Contain a minimum lot area of 250 square feet per child.
B) Minimum Outdoor Play Space. Provide a minimum outdoor play space of 75 square feet per child,
calculated on the basis of the number of children occupying the outdoor play space at one (1) time.
C) Number of Children. In an RSF zone, a child care facility may be approved as a conditional use of no more
than ten (10) children, or the number of children approved by the state's licensing board, whichever is fewer.
Code 1965, App. A., Art. 7 (7); Ord. No. 1747, 6-29-70; Ord. No. 2604, 2-19-80; Code 1991, §160.082; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4489, 6-3-03; Ord. No. 6440, §3, 5-18-21; Ord. No. 6689, §2, 10-3-23)
Planning Commission
June 08, 2026
RZN-2026- 0017 (OWEN FAMILY TRUST)
Page 13 of 15
Planning Commission
June 08, 2026
RZN-2026- 0017 (OWEN FAMILY TRUST)
Page 13 of 17
TO: Citlali Samano, Planner
FROM: Kylee Cole, Long Range & Preservation Planner
MEETING DATE: June 8, 2026
SUBJECT: Long Range Planning Comments Regarding RZN-2026-0017
BACKGROUND:
The applicant requests to rezone approximately 3.53 acres of a larger 8.7 acre site from RSF-4,
Residential Single-Family to P-1, Institutional. One long range planning document is relevant
when evaluating this request: City Plan 2040.
City Plan 2040 (2020):
City Plan 2040 includes several relevant plan goals and objectives:
Goal 1 – We will make appropriate infill and revitalization our highest priority.
Goal 2 – We will discourage suburban sprawl.
Goal 3 – We will make compact, complete, and connected development the standard.
On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive
plans and organized them into six primary goals. The goals were meant to focus the City’s
efforts on appropriate infill that furthers a variety of transportation options, supports the creation
of attainable housing, and limits the amount of land consumed by development on the City’s
periphery, often termed “suburban sprawl”.
DISCUSSION:
Zoning History:
The subject property was annexed into the City in 1967 (Ord. No. 1556). Then on June 29,
1970, Council enacted a new zoning map and set of districts and zoning requirements for the
city (Ord. No. 1747). This map shows the subject property as zoned into the low-density “R-1”
zoning district, which was subsequently translated to “RSF-4” with the adoption of the city’s
Unified Development Code in 2003.
City Plan 2040 and Future Land Use Plan:
The area is designated as “Residential Neighborhood” on the Future Land Use Map, which are
primarily residential in nature” but also “incorporates low-intensity non-residential uses intended
to serve the surrounding neighborhoods… on corners and along connecting corridors.” The
request aligns with this designation by adding institutional uses to the portion of the property at
the northeast corner of Old Wire Rd. and N. Crossover Rd. This would maintain the potential for
complete development that offers resources and services to the surrounding neighborhood, like
schools and churches. This meets goals 1, 2, & 3 of City Plan 2040 for complete development in
areas already supported by infrastructure.
PlanningPlanning CommissionCommission
JuneJune 08,08, 20262026
RZN-RZN-2026-2026- 0017 (0017 ( OWENOWEN FAMILYFAMILY TRUST)TRUST)
PagePage 1414 ofof 1517
4iE Engineering
P.O. Box 56, Cave Springs, AR 72718 Phone: (479)381-1066 Email: ffourie@4ie.engineering
April 24, 2026
Planning Division
Development Services Building
125 West Mountain Street
Fayetteville, AR 72701
RE: Mobius Learning Academy
Rezoning Request
Fayetteville, AR
To whom this may concern:
I am writing on behalf of my client, Mobius Learning Academy, Inc. to request a Rezoning
of the southern 3.53 ac or the total 8.7 ac owned by the Owen Family Trust from RSF-4
to P-1. This will not change the zoning of the remainder of the property.
Mobius Learning Academy, Inc. is a childcare facility providing after-school care for
children. This will be a new facility with the potential of approx. 300 students. This project
would fall under Use Unit 4 as a childcare center or school.
District P-1, Institutional District is designed to protect and facilitate use of property owned
by public and religious institutions. Larger facilities and institutions may still use historical
setback regulations, but public and religious institutions may also choose to use urban
form with build-to zones and minimum buildable street frontage allowing administrative
approval. Use Unit 4, Cultural and Recreational Facilities, is a permitted use by right in the
P-1 district.
Please let me know if you have any questions.
Sincerely,
Jason Appel, P.E.
PlanningPlanning CommissionCommission
JuneJune 08,08, 20262026
RZN-RZN-2026-2026- 0017 (0017 ( OWENOWEN FAMILYFAMILY TRUST)TRUST)
PagePage 1515 ofof 1517
Outlook
RE: Rezone 2026-0017
From Planning Shared <planning@fayetteville-ar.gov>
Date Fri 5/29/2026 1:34 PM
To Jennifer Peterson <brenjenpeterson@gmail.com>
Cc Samano, Citlali <csamano@fayetteville-ar.gov>
Received and CC’d the Planner.
Bliss Hyke
Development Coordinator
Development Services
City of Fayetteville, Arkansas
479.575. 8267
www.fayetteville-ar.gov
Website | Facebook | Twitter | Instagram | YouTube
Please note that Planning is currently short-staffed and that communications and review
times may increase as a result. Please bear with us in the interim.
From: Jennifer Peterson <brenjenpeterson@gmail.com>
Sent: Friday, May 29, 2026 10:54 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Rezone 2026-0017
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
We are writing with concerns of the rezoning of 3105 Old Wire Road. There have been
numerous attempts to develop this property without success. Currently, the traffic load is not
sustainable with the road infrastructure. Old Wire road is always backed up sometimes up to 1
mile in the mornings. Additionally, the amount of cars utilizing Old Wire/Skillern Road continues
to increase every year.
Adding any further developments, business or residential would be prohibitive to the safety of
not only commuters but the pedestrian/ bicycle crossing at Old Wire and Crossover which is
highly utilized to reach the Greenway.
Lastly, the streamside protection ordinance should be reviewed as this area has the
convergence of numerous waterways running alongside it.
Thank you for the consideration of our concerns.
Brent and Jennifer Peterson
5/29/26, 1:37 PM Mail - Samano, Citlali - Outlook
https://outlook.office.com/mail/inbox/id/AAQkAGZlNjEzOThjLWEzNjEtNDM4Mi1iNGMyLTEwZGY4MDNjNDQ0YwAQAJhibvd8v3JMmGX%2B3Z4Kr%2…1/2
Planning Commission
June 08, 2026
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 16 of 17
5/29/26, 1:37 PM Mail -Samano, Citlali -Outlook
3733 E Natchez Trace
Fayetteville AR 72703
Planning Commission
June 08, 2026https://outlook.office.com/mail/inbox/id/AAQkAGZlNjEzOThjLWEzNjEtNDM4Mi1iNGMyLTEwZGY4MDNjNDQ0YwAQAJhibvd8v3JMmGX% 2B3Z4Kr% 2… 2/2
RZN-2026-0017 (OWEN FAMILY TRUST)
Page 17 of 17
CITY COUNCIL MEMO
2026-2002
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH:
FROM: Steven Dotson, Chief Financial Officer
SUBJECT: Sales and Use Tax Bonds (Issuance Authorization)
RECOMMENDATION:
Recommend approval of an ordinance authorizing the issuance and sale of the City's not to exceed
191,220,000 Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2026, for the purpose of
financing all or a portion of the costs of certain water and wastewater system, parks system, animal services,
trails, transportation, sustainability, aquatics/recreation center, and fire department facilities and improvements
and for the purpose of refunding the City's outstanding sales and use tax capital improvement bonds.
BACKGROUND:
Note: Final documents will be attached to this item when available.
The City is authorized and empowered under the provisions of the Constitution of the State of Arkansas
Amendment 62”) and Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of 1987 Annotated ( the
Local Government Bond Act”), to issue and sell its capital improvement bonds to finance and refinance the
costs of various capital improvements such as those comprising the Water/Wastewater System Project, the
Parks System Project, the Animal Services Facility Project, the Trails System Project, the Transportation
System Project, the Sustainability Project, the Aquatics/Recreation Center Project and the Fire Department
Project (collectively, the “Projects”), which capital improvement bonds may be secured by and payable from
the receipts of the special city-wide sales and use tax authorized by the Local Government Bond Act.
Pursuant to the election ordinance (Ordinance 6920) adopted and approved on October 21, 2025, there was
submitted to the qualified electors of the City nine questions regarding the issuance of capital improvement
bonds for the purpose of refunding prior bonds and financing all or a portion of the costs of the various capital
improvements, including the Projects, said bonds to be secured by a pledge of and lien upon all the receipts of
a special city-wide sales and use tax levied at the rate of one percent (1.00%) pursuant to the Local
Government Bond Act (the “Sales and Use Tax”).
At a special election held March 3, 2026, a majority of the qualified electors of the City voting on each of the
questions approved the issuance of refunding bonds and capital improvement bonds in the principal amounts
and for each of the specific purposes set forth on the ballot (and the corresponding levy of the Sales and Use
Tax, and the pledge of the receipts thereof to the payment of the bonds).
DISCUSSION:
As authorized under the provisions of Amendment 62 and the Local Government Bond Act and as approved by
the qualified electors of the City, the City has now determined to issue and sell its Sales and Use Tax Capital
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
Improvement and Refunding Bonds, Series 2026 (the "Series 2026 Bonds"), in the aggregate principal amount
of not to exceed $191,220,000, in order to provide funding for all or a portion of the costs of the Projects and in
order to provide for the defeasance and redemption of the Prior Bonds. The Series 2026 Bonds shall mature
not later than November 1, 2046, and the average yield on the Series 2026 Bonds as a whole shall not exceed
4.50% per annum. The not-to-exceed amount is a maximum authorization that preserves flexibility to complete
the full refunding if other funding sources come in lower than projected; the Preliminary Official Statement
reflects an estimated par of $171,500,000, which is preliminary, subject to change, and below the authorized
amount, with final figures set at pricing.
Bond proceeds will be allocated among the voter-approved bond purposes as follows: up to $40,000,000 for
the refunding of existing bonds; up to $91,500,000 for Water and Wastewater System projects; up to
11,900,000 for Parks System projects; up to $18,100,000 for the Animal Services Facility project; up to
1,250,000 for Trails System projects; up to $14,200,000 for Transportation System projects; up to $620,000
for Sustainability projects; up to $1,050,000 for the Aquatics/Recreation Center project; and up to $12,600,000
for Fire Department projects. These amounts represent the maximum allocation of bond proceeds to each
voter-approved purpose within the Series 2026 bond issuance.
BUDGET/STAFF IMPACT:
Funding will be provided by the issuance of Sales and Use Tax Capital Improvement and Refunding Bonds.
ATTACHMENTS: 3. Staff Review Form, 4. 2026 SUT -Bond Ordinance, 5. Bond Purchase Agreement 2026-
06-18, 6. Continuing Disclosure Agreement 2026-06-18, 7. Escrow Agreement 2026-06-18, 8. Preliminary
Official Statement 2026-06-18, 9. Trust Indenture 2026-06-18
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2002
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY’ S NOT TO
EXCEED $ 191,220,000 OF SALES AND USE TAX CAPITAL IMPROVEMENT AND
REFUNDING BONDS, SERIES 2026, FOR THE PURPOSE OF FINANCING ALL OR A
PORTION OF THE COSTS OF CERTAIN WATER AND WASTEWATER SYSTEM, PARKS
SYSTEM, ANIMAL SERVICES, TRAILS, TRANSPORTATION, SUSTAINABILITY,
AQUATICS/RECREATION CENTER AND FIRE DEPARTMENT FACILITIES AND
IMPROVEMENTS AND FOR THE PURPOSE OF REFUNDING THE CITY’ S
OUTSTANDING SALES AND USE TAX CAPITAL IMPROVEMENT BONDS;
AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE
PURSUANT TO WHICH THE BONDS WILL BE ISSUED AND SECURED; AUTHORIZING
THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT PURSUANT TO
WHICH THE BONDS WILL BE OFFERED; AUTHORIZING THE EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE
BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN
ESCROW DEPOSIT AGREEMENT PROVIDING FOR THE DEFEASANCE AND
REDEMPTION OF THE CITY’ S OUTSTANDING SALES AND USE TAX CAPITAL
IMPROVEMENT BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Fayetteville, Arkansas ( the “ City”) has previously
determined that there is a need for a source of revenues to finance all or a portion of the costs of critical
capital improvement projects, such as (1) water and wastewater system rehabilitation and improvements
the “ Water/Wastewater System Project”), ( 2) parks system and related improvements ( the “ Parks
System Project”), ( 3) an animal services facility and related improvements ( the “ Animal Services
Facility Project”), ( 4) trail system and related improvements ( the “ Trails System Project”), ( 5) streets
and transportation-related improvements (the “ Transportation System Project”), ( 6) a recycling drop-off
facility and a household hazardous waste facility and related improvements ( the “ Sustainability
Project”), ( 7) an aquatics/recreation center and related improvements (the “ Aquatics/Recreation Center
Project”) and (8) a fire training facility and fire station construction and related improvements and the
acquisition of firefighting vehicles, equipment and apparatus (the “ Fire Department Project”); and
WHEREAS, the City Council has further determined that additional revenues can be obtained to
finance all or a portion of the costs of such critical capital improvement needs by restructuring the City’ s
existing indebtedness secured by sales and use tax receipts through the refunding of the Prior Bonds
defined below) and the rededication of said sales and use tax receipts to new bonded indebtedness; and
WHEREAS, the City is authorized and empowered under the provisions of the Constitution and laws of
Page 1
Ordinance:
File Number: 2026-2002
the State of Arkansas, including particularly Amendment 62 to the Constitution of the State of Arkansas
Amendment 62”) and Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of 1987 Annotated
the “ Local Government Bond Act”), to issue and sell its capital improvement bonds to finance and
refinance the costs of various capital improvements such as those comprising the Water/Wastewater
System Project, the Parks System Project, the Animal Services Facility Project, the Trails System
Project, the Transportation System Project, the Sustainability Project, the Aquatics/Recreation Center
Project and the Fire Department Project ( collectively, the “ Projects”), which capital improvement bonds
may be secured by and payable from the receipts of the special city-wide sales and use tax authorized by
the Local Government Bond Act; and
WHEREAS, pursuant to such authority, the City has previously issued and there are presently
outstanding ( i) its Sales and Use Tax Capital Improvement Bonds, Series 2022, in the aggregate
principal amount of $28,470,000 ( the “ Series 2022 Bonds”), and ( ii) its Sales and Use Tax Capital
Improvement Bonds, Series 2024, in the aggregate principal amount of $15,000,000 (the “ Series 2024
Bonds”) ( collectively, the “ Prior Bonds”); and
WHEREAS, pursuant to Amendment 62 and the Local Government Bond Act and the provisions of
Ordinance No. 6920 of the City, adopted and approved on October 21, 2025 (the “ Election Ordinance”),
there was submitted to the qualified electors of the City nine questions regarding ( i) the issuance of not
to exceed $40,000,000 in principal amount of refunding bonds for the purpose of redeeming the Prior
Bonds, and (ii) the issuance of an aggregate of not to exceed $335,500,000 in principal amount of capital
improvement bonds for the purpose of financing all or a portion of the costs of the various capital
improvements comprising the Projects, said bonds to be secured by a pledge of and lien upon all of the
receipts of a special city-wide sales and use tax levied at the rate of one percent (1.00%) pursuant to the
Local Government Bond Act ( the “ Sales and Use Tax”); and
WHEREAS, at a special election held March 3, 2026, a majority of the qualified electors of the City
voting on each of the nine questions approved the issuance of refunding bonds and capital improvement
bonds in the principal amounts and for each of the specific purposes set forth on the ballot ( and the
corresponding levy of the Sales and Use Tax, and the pledge of the receipts thereof to the payment of the
bonds); and
WHEREAS, as authorized under the provisions of Amendment 62 and the Local Government Bond Act
and as approved by the qualified electors of the City, the City has now determined to issue and sell its
Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2026, in the aggregate principal
amount of not to exceed $191,220,000 (the “Series 2026 Bonds”), in order to provide for the funding of
all or a portion of the costs of the Water/Wastewater System Project, the Parks System Project, the
Animal Services Facility Project, the Trails System Project, the Transportation System Project, the
Sustainability Project, the Aquatics/Recreation Center Project and the Fire Department Project and in
order to provide for the defeasance and redemption of the Prior Bonds; and
WHEREAS, as authorized by the provisions of the Election Ordinance, the City has previously made
arrangements for the sale of the Series 2026 Bonds to Stephens Inc. ( the “ Underwriter”), pursuant to the
terms of a Bond Purchase Agreement between the City and the Underwriter ( the “ Bond Purchase
Page 2
Ordinance:
File Number: 2026-2002
Agreement”) in substantially the form presented to and before this meeting;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fayetteville, Arkansas
that:
Section 1. Under the authority of the Constitution and laws of the State of Arkansas, including
particularly Amendment 62 to the Constitution of the State of Arkansas and the Local Government Bond
Act, there is hereby authorized the issuance of bonds of the City to be designated as “ Sales and Use Tax
Capital Improvement and Refunding Bonds, Series 2026” ( the “ Series 2026 Bonds”). The Series 2026
Bonds shall be issued in the original aggregate principal amount of not to exceed One Hundred Ninety-
One Million Two Hundred Twenty Thousand Dollars ($ 191,220,000) and shall mature not later than
November 1, 2046, in the principal amounts and bearing interest at the rates specified in the Bond
Purchase Agreement. The average yield on the Series 2026 Bonds as a whole shall not exceed 4.50% per
annum. Of the $ 191,220,000 maximum aggregate principal amount of Series 2026 Bonds hereby
authorized, ( i) not to exceed $ 40,000,000 shall be deemed to apply to the defeasance and refunding of
the Prior Bonds (Question 1 on the ballot), (ii) not to exceed $91,500,000 shall be deemed to apply to
the Water/ Wastewater System Project ( Question 2 on the ballot), ( iii) not to exceed $ 11,900,000 shall be
deemed to apply to the Parks System Project (Question 3 on the ballot), (iv) not to exceed $18,100,000
shall be deemed to apply to the Animal Services Facility Project ( Question 4 on the ballot), ( v) not to
exceed $1,250,000 shall be deemed to apply to the Trails System Project (Question 5 on the ballot), (vi)
not to exceed $14,200,000 shall be deemed to apply to the Transportation System Project (Question 6 on
the ballot), (vii) not to exceed $620,000 shall be deemed to apply to the Sustainability Project (Question
7 on the ballot), ( viii) not to exceed $ 1,050, 000 shall be deemed to apply to the Aquatics/ Recreation
Center Project (Question 8 on the ballot), and (ix) not to exceed $12,600,000 shall be deemed to apply to
the Fire Department Project ( Question 9 on the ballot), and the proceeds of the Series 2026 Bonds shall
be allocated accordingly. The proceeds of the Series 2026 Bonds will be utilized to finance all or a
portion of the costs of the Projects described above, to redeem the Prior Bonds, to establish a debt
service reserve for the Series 2026 Bonds or to purchase a surety bond on an insurance policy for reserve
purposes, if deemed economically beneficial, to pay a premium for bond insurance, if deemed
economically beneficial, and to pay printing, underwriting, legal and other expenses incidental to the
issuance of the Series 2026 Bonds.
The Series 2026 Bonds shall be issued in the forms and denominations, shall be dated, shall be
numbered, shall mature, shall be subject to redemption prior to maturity, and shall contain such other
terms, covenants and conditions, all as set forth in the Trust Indenture submitted to this meeting. The
Mayor is hereby authorized and directed to execute and deliver the Series 2026 Bonds in substantially
the form thereof contained in the Trust Indenture submitted to this meeting, and the City Clerk is hereby
authorized and directed to execute and deliver the Series 2026 Bonds and to affix the seal of the City
thereto, and the Mayor and City Clerk are hereby authorized and directed to cause the Series 2026
Bonds to be accepted and authenticated by the Trustee. The Mayor is hereby authorized to confer with
the Trustee, the Underwriter and Kutak Rock LLP, Little Rock, Arkansas (“ Bond Counsel”), in order to
complete the Series 2026 Bonds in substantially the form contained in the Trust Indenture submitted to
this meeting, with such changes as shall be approved by such persons executing the Series 2026 Bonds,
their execution to constitute conclusive evidence of such approval.
Page 3
Ordinance:
File Number: 2026-2002
Section 2. In order to pay the principal of and interest on the Series 2026 Bonds as they mature or are
called for redemption prior to maturity, there is hereby pledged all of the receipts of the one percent
1.00%) Sales and Use Tax levied by the Election Ordinance. The levy and collection of the Sales and
Use Tax replaces the levy and collection of prior sales and use taxes by the City at the combined rate of
one percent ( 1.00%) securing the Prior Bonds and shall commence as provided in the Local Government
Bond Act and continue until such time as the Series 2026 Bonds and any Additional Bonds subsequently
issued pursuant to the Trust Indenture ( collectively with the Series 2026 Bonds, the “ Bonds”) are no
longer outstanding or sufficient funds are on deposit with the Trustee under the Trust Indenture to
redeem the Bonds in full. The City covenants and agrees that all receipts from the Sales and Use Tax
will be accounted for separately as special funds on the books of the City, and receipts of said Sales and
Use Tax will be deposited and will be used solely as provided in the Trust Indenture.
Section 3. To prescribe the terms and conditions upon which the Series 2026 Bonds are to be executed,
authenticated, issued, accepted, held and secured, the Mayor is hereby authorized and directed to
execute and acknowledge a Trust Indenture ( the “ Trust Indenture”), by and between the City and
Simmons Bank, Pine Bluff, Arkansas ( the “ Trustee”), and the City Clerk is hereby authorized and
directed to execute and acknowledge the Trust Indenture and to affix the seal of the City thereto, and the
Mayor and the City Clerk are hereby authorized and directed to cause the Trust Indenture to be accepted,
executed and acknowledged by the Trustee. The Trust Indenture is hereby approved in substantially the
form submitted to this meeting, including, without limitation, the provisions thereof pertaining to the
pledge of Sales and Use Tax receipts and the terms of the Series 2026 Bonds. The Mayor is hereby
authorized to confer with the Trustee, the Underwriter and Bond Counsel in order to complete the Trust
Indenture in substantially the form submitted to this meeting, with such changes as shall be approved by
such persons executing the Trust Indenture, their execution to constitute conclusive evidence of such
approval.
Advice is given that a copy of the Trust Indenture in substantially the form authorized to be executed is
on file with the City Clerk and is available for inspection by any interested person.)
Section 4. There is hereby authorized and approved a Preliminary Official Statement of the City,
including the cover page and appendices attached thereto, relating to the Series 2026 Bonds. The
Preliminary Official Statement is hereby “ deemed final” by the City within the meaning of U.S.
Securities and Exchange Commission Rule 15c2-12. The distribution of the Preliminary Official
Statement is hereby approved. The Preliminary Official Statement, as amended to conform to the terms
of the Bond Purchase Agreement, including Exhibit A thereto, and with such other changes and
amendments as are mutually agreed to by the City and the Underwriter, is herein referred to as the
Official Statement,” and the Mayor is hereby authorized to execute the Official Statement for and on
behalf of the City. The Official Statement is hereby approved in substantially the form of the
Preliminary Official Statement submitted to this meeting, and the Mayor is hereby authorized to confer
with the Trustee, the Underwriter and Bond Counsel in order to complete the Official Statement in
substantially the form of the Preliminary Official Statement submitted to this meeting, with such
changes as shall be approved by such persons, the Mayor’ s execution to constitute conclusive evidence
of such approval.
Advice is given that a copy of the Preliminary Official Statement is on file with the City Clerk and is
available for inspection by any interested person.)
Page 4
Ordinance:
File Number: 2026-2002
Section 5. In order to prescribe the terms and conditions upon which the Series 2026 Bonds are to be
sold to the Underwriter, the Mayor is hereby authorized and directed to execute a Bond Purchase
Agreement on behalf of the City, to be dated as of the date of its execution ( the “ Bond Purchase
Agreement”), by and between the City and the Underwriter, and the Bond Purchase Agreement is
hereby approved in substantially the form submitted to this meeting, and the Mayor is hereby authorized
to confer with the Underwriter and Bond Counsel in order to complete the Bond Purchase Agreement in
substantially the form submitted to this meeting, with such changes as shall be approved by such persons
executing the Bond Purchase Agreement, their execution to constitute conclusive evidence of such
approval.
Advice is given that a copy of the Bond Purchase Agreement in substantially the form authorized to be
executed is on file with the City Clerk and is available for inspection by any interested person.)
Section 6. In order to provide for continuing disclosure of certain financial and operating information
with respect to the Sales and Use Tax and the City to ensure compliance with the provisions of Rule
15c2-12 of the U. S. Securities and Exchange Commission, the Mayor is hereby authorized and directed
to execute a Continuing Disclosure Agreement to be dated as of the date of its execution ( the
Continuing Disclosure Agreement”), by and between the City and Simmons Bank, Pine Bluff,
Arkansas, as dissemination agent ( the “ Dissemination Agent”), and the Mayor is hereby authorized and
directed to cause the Continuing Disclosure Agreement to be executed by the Dissemination Agent. The
Continuing Disclosure Agreement is hereby approved in substantially the form submitted to this
meeting, and the Mayor is hereby authorized to confer with the Dissemination Agent, the Underwriter
and Bond Counsel in order to complete the Continuing Disclosure Agreement in substantially the form
submitted to this meeting, with such changes as shall be approved by such persons executing the
Continuing Disclosure Agreement, their execution to constitute conclusive evidence of such approval.
Advice is given that a copy of the Continuing Disclosure Agreement in substantially the form
authorized to be executed is on file with the City Clerk and is available for inspection by any interested
person.)
Section 7. In order to provide for the defeasance and redemption of the Prior Bonds, the Mayor is
hereby authorized and directed to execute an Escrow Deposit Agreement to be dated as of the date of its
execution ( the “ Escrow Agreement”), by and between the City and Simmons Bank, Pine Bluff,
Arkansas, as escrow trustee (the “Escrow Trustee”), and the Mayor is hereby authorized and directed to
cause the Escrow Agreement to be executed by the Escrow Trustee. The Escrow Agreement is hereby
approved in substantially the form submitted to this meeting, and the Mayor is hereby authorized to
confer with the Underwriter, the Escrow Trustee and Bond Counsel in order to complete the Escrow
Agreement in substantially the form submitted to this meeting, with such changes as shall be approved
by such persons executing the Escrow Agreement, their execution to constitute conclusive evidence of
such approval.
Advice is given that a copy of the Escrow Agreement in substantially the form authorized to be
executed is on file with the City Clerk and is available for inspection by any interested person.)
Section 8. In order to secure lower interest rates on the Series 2026 Bonds, the Underwriter has
proposed that the City consider the purchase of a policy of bond insurance with a portion of the proceeds
of the Series 2026 Bonds, which policy or policies would guarantee the payment of the principal of and
Page 5
Ordinance:
File Number: 2026-2002
interest on the Series 2026 Bonds when due. If deemed economically advantageous by the Mayor, upon
the advice of the Underwriter, the Mayor is hereby authorized to execute an insurance commitment and
to do any and all things necessary to accomplish the delivery of a bond insurance policy with respect to
the Series 2026 Bonds.
In order that the maximum amount of proceeds of the Series 2026 Bonds be available to refund the Prior
Bonds and pay costs of the Projects, the Underwriter has proposed that the City consider the purchase of
a surety bond or a debt service reserve insurance policy with a portion of the proceeds of the Series 2026
Bonds, which surety bond or insurance policy would satisfy the funding requirements of the debt service
reserve. If deemed economically advantageous by the Mayor, upon the advice of the Underwriter, the
Mayor is hereby authorized to execute a commitment and to do any and all things necessary to
accomplish the delivery of a surety bond or debt service reserve insurance policy with respect to the debt
service reserve for the Series 2026 Bonds.
Section 9. The Mayor and City Clerk, for and on behalf of the City, are hereby authorized and directed
to do any and all things necessary to effect the issuance, sale, execution and delivery of the Series 2026
Bonds and to effect the execution and delivery of the Trust Indenture, the Bond Purchase Agreement,
the Official Statement, the Continuing Disclosure Agreement and a Tax Compliance Agreement relating
to the tax exemption of interest on the Series 2026 Bonds, and to perform all of the obligations of the
City under and pursuant thereto. The Mayor and the City Clerk are further authorized and directed, for
and on behalf of the City, to execute all papers, documents, certificates and other instruments that may
be required for the carrying out of such authority or to evidence the exercise thereof.
Section 10. As previously provided in the Election Ordinance, Kutak Rock LLP, Little Rock, Arkansas,
is hereby confirmed as Bond Counsel on behalf of the City in connection with the issuance and sale of
the Series 2026 Bonds.
Section 11. The provisions of this Ordinance are hereby declared to be severable, and if any section,
phrase or provision shall for any reason be declared to be illegal or invalid, such declaration shall not
affect the validity of the remainder of the sections, phrases or provisions of this Ordinance.
Section 12. All ordinances, resolutions and parts thereof in conflict herewith are hereby repealed to the
extent of such conflict.
Section 13. The City Council hereby finds and determines that there is a critical need to restructure the
City’s existing indebtedness through the refunding of the Prior Bonds and to obtain an additional source
of revenue to finance essential City capital improvements such as the Projects, all in order to promote
and protect the health, safety and welfare of the inhabitants of the City. It is, therefore, declared that an
emergency exists and this Ordinance being necessary for the immediate preservation of the public
health, safety and welfare shall be in full force and effect from and after its passage and approval.
Page 6
City of Fayetteville Staff Review Form
2026-2002
Item ID
7/ 7/ 2026
City Council Meeting Date -Agenda Item Only
N/ A for Non-Agenda Item
Steve Dotson 6/ 18/ 2026 CHIEF FINANCIAL OFFICER ( 110)
Submitted By Submitted Date Division / Department
Action Recommendation:
Recommend approval of an ordinance authorizing the issuance and sale of the City' s not to exceed $ 191, 220, 000
Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2026, for the purpose of financing all or a
portion of the costs of certain water and wastewater system, parks system, animal services, trails, transportation,
sustainability, aquatics/ recreation center, and fire department facilities and improvements and for the purpose of
refunding the City' s outstanding sales and use tax capital improvement bonds.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $-
Expenses ( Actual+ Encum)$-
Available Budget $-
Does item have a direct cost? No Item Cost $-
Is a Budget Amendment attached? No Budget Amendment $-
Remaining Budget $-
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
ORDINANCE NO. _____
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE
CITY’ S NOT TO EXCEED $ 191,220,000 OF SALES AND USE TAX
CAPITAL IMPROVEMENT AND REFUNDING BONDS, SERIES 2026,
FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE
COSTS OF CERTAIN WATER AND WASTEWATER SYSTEM, PARKS
SYSTEM, ANIMAL SERVICES, TRAILS, TRANSPORTATION,
SUSTAINABILITY, AQUATICS/RECREATION CENTER AND FIRE
DEPARTMENT FACILITIES AND IMPROVEMENTS AND FOR THE
PURPOSE OF REFUNDING THE CITY’S OUTSTANDING SALES AND
USE TAX CAPITAL IMPROVEMENT BONDS; AUTHORIZING THE
EXECUTION AND DELIVERY OF A TRUST INDENTURE PURSUANT
TO WHICH THE BONDS WILL BE ISSUED AND SECURED;
AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL
STATEMENT PURSUANT TO WHICH THE BONDS WILL BE
OFFERED; AUTHORIZING THE EXECUTION AND DELIVERY OF A
BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE
BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A
CONTINUING DISCLOSURE AGREEMENT; AUTHORIZING THE
EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT
AGREEMENT PROVIDING FOR THE DEFEASANCE AND
REDEMPTION OF THE CITY’S OUTSTANDING SALES AND USE TAX
CAPITAL IMPROVEMENT BONDS; PRESCRIBING OTHER MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Fayetteville, Arkansas ( the “ City”) has
previously determined that there is a need for a source of revenues to finance all or a portion of
the costs of critical capital improvement projects, such as ( 1) water and wastewater system
rehabilitation and improvements (the “ Water/Wastewater System Project”), ( 2) parks system and
related improvements ( the “ Parks System Project”), ( 3) an animal services facility and related
improvements (the “Animal Services Facility Project”), (4) trail system and related improvements
the “ Trails System Project”), ( 5) streets and transportation-related improvements ( the
Transportation System Project”), ( 6) a recycling drop-off facility and a household hazardous
waste facility and related improvements (the “ Sustainability Project”), ( 7) an aquatics/recreation
center and related improvements (the “Aquatics/Recreation Center Project”) and (8) a fire training
facility and fire station construction and related improvements and the acquisition of firefighting
vehicles, equipment and apparatus (the “ Fire Department Project”); and
WHEREAS, the City Council has further determined that additional revenues can be
obtained to finance all or a portion of the costs of such critical capital improvement needs by
restructuring the City’s existing indebtedness secured by sales and use tax receipts through the
refunding of the Prior Bonds (defined below) and the rededication of said sales and use tax receipts
to new bonded indebtedness; and
WHEREAS, the City is authorized and empowered under the provisions of the
Constitution and laws of the State of Arkansas, including particularly Amendment 62 to the
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Constitution of the State of Arkansas (“ Amendment 62”) and Title 14, Chapter 164, Subchapter 3
of the Arkansas Code of 1987 Annotated (the “Local Government Bond Act”), to issue and sell its
capital improvement bonds to finance and refinance the costs of various capital improvements
such as those comprising the Water/Wastewater System Project, the Parks System Project, the
Animal Services Facility Project, the Trails System Project, the Transportation System Project, the
Sustainability Project, the Aquatics/Recreation Center Project and the Fire Department Project
collectively, the “ Projects”), which capital improvement bonds may be secured by and payable
from the receipts of the special city-wide sales and use tax authorized by the Local Government
Bond Act; and
WHEREAS, pursuant to such authority, the City has previously issued and there are
presently outstanding ( i) its Sales and Use Tax Capital Improvement Bonds, Series 2022, in the
aggregate principal amount of $28,470,000 (the “ Series 2022 Bonds”), and (ii) its Sales and Use
Tax Capital Improvement Bonds, Series 2024, in the aggregate principal amount of $15,000,000
the “ Series 2024 Bonds”) ( collectively, the “ Prior Bonds”); and
WHEREAS, pursuant to Amendment 62 and the Local Government Bond Act and the
provisions of Ordinance No. 6920 of the City, adopted and approved on October 21, 2025 (the
Election Ordinance”), there was submitted to the qualified electors of the City nine questions
regarding (i)the issuance of not to exceed $40,000,000 in principal amount of refunding bonds for
the purpose of redeeming the Prior Bonds, and ( ii) the issuance of an aggregate of not to exceed
335,500,000 in principal amount of capital improvement bonds for the purpose of financing all
or a portion of the costs of the various capital improvements comprising the Projects, said bonds
to be secured by a pledge of and lien upon all of the receipts of a special city-wide sales and use
tax levied at the rate of one percent ( 1.00%) pursuant to the Local Government Bond Act ( the
Sales and Use Tax”); and
WHEREAS, at a special election held March 3, 2026, a majority of the qualified electors
of the City voting on each of the nine questions approved the issuance of refunding bonds and
capital improvement bonds in the principal amounts and for each of the specific purposes set forth
on the ballot (and the corresponding levy of the Sales and Use Tax, and the pledge of the receipts
thereof to the payment of the bonds); and
WHEREAS, as authorized under the provisions of Amendment 62 and the Local
Government Bond Act and as approved by the qualified electors of the City, the City has now
determined to issue and sell its Sales and Use Tax Capital Improvement and Refunding Bonds,
Series 2026, in the aggregate principal amount of not to exceed $191,220,000 (the “ Series 2026
Bonds”), in order to provide for the funding of all or a portion of the costs of the Water/Wastewater
System Project, the Parks System Project, the Animal Services Facility Project, the Trails System
Project, the Transportation System Project, the Sustainability Project, the Aquatics/Recreation
Center Project and the Fire Department Project and in order to provide for the defeasance and
redemption of the Prior Bonds; and
WHEREAS, as authorized by the provisions of the Election Ordinance, the City has
previously made arrangements for the sale of the Series 2026 Bonds to Stephens Inc. ( the
Underwriter”), pursuant to the terms of a Bond Purchase Agreement between the City and the
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Underwriter ( the “ Bond Purchase Agreement”) in substantially the form presented to and before
this meeting;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Fayetteville, Arkansas that:
Section 1. Under the authority of the Constitution and laws of the State of Arkansas,
including particularly Amendment 62 to the Constitution of the State of Arkansas and the Local
Government Bond Act, there is hereby authorized the issuance of bonds of the City to be
designated as “ Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2026” ( the
Series 2026 Bonds”). The Series 2026 Bonds shall be issued in the original aggregate principal
amount of not to exceed One Hundred Ninety-One Million Two Hundred Twenty Thousand
Dollars ($191,220,000) and shall mature not later than November 1, 2046, in the principal amounts
and bearing interest at the rates specified in the Bond Purchase Agreement. The average yield on
the Series 2026 Bonds as a whole shall not exceed 4.50% per annum. Of the $ 191,220,000
maximum aggregate principal amount of Series 2026 Bonds hereby authorized, (i)not to exceed
40,000,000 shall be deemed to apply to the defeasance and refunding of the Prior Bonds
Question 1 on the ballot), ( ii) not to exceed $ 91,500,000 shall be deemed to apply to the
Water/Wastewater System Project (Question 2 on the ballot), (iii) not to exceed $11,900,000 shall
be deemed to apply to the Parks System Project (Question 3 on the ballot), (iv) not to exceed
18,100,000 shall be deemed to apply to the Animal Services Facility Project ( Question 4 on the
ballot), ( v) not to exceed $ 1,250,000 shall be deemed to apply to the Trails System Project
Question 5 on the ballot), ( vi) not to exceed $ 14,200,000 shall be deemed to apply to the
Transportation System Project (Question 6 on the ballot), (vii) not to exceed $620,000 shall be
deemed to apply to the Sustainability Project ( Question 7 on the ballot), ( viii) not to exceed
1,050,000 shall be deemed to apply to the Aquatics/Recreation Center Project (Question 8 on the
ballot), and (ix) not to exceed $ 12,600,000 shall be deemed to apply to the Fire Department Project
Question 9 on the ballot), and the proceeds of the Series 2026 Bonds shall be allocated
accordingly. The proceeds of the Series 2026 Bonds will be utilized to finance all or a portion of
the costs of the Projects described above, to redeem the Prior Bonds, to establish a debt service
reserve for the Series 2026 Bonds or to purchase a surety bond on an insurance policy for reserve
purposes, if deemed economically beneficial, to pay a premium for bond insurance, if deemed
economically beneficial, and to pay printing, underwriting, legal and other expenses incidental to
the issuance of the Series 2026 Bonds.
The Series 2026 Bonds shall be issued in the forms and denominations, shall be dated, shall
be numbered, shall mature, shall be subject to redemption prior to maturity, and shall contain such
other terms, covenants and conditions, all as set forth in the Trust Indenture submitted to this
meeting. The Mayor is hereby authorized and directed to execute and deliver the Series 2026
Bonds in substantially the form thereof contained in the Trust Indenture submitted to this meeting,
and the City Clerk is hereby authorized and directed to execute and deliver the Series 2026 Bonds
and to affix the seal of the City thereto, and the Mayor and City Clerk are hereby authorized and
directed to cause the Series 2026 Bonds to be accepted and authenticated by the Trustee. The
Mayor is hereby authorized to confer with the Trustee, the Underwriter and Kutak Rock LLP,
Little Rock, Arkansas (“ Bond Counsel”), in order to complete the Series 2026 Bonds in
substantially the form contained in the Trust Indenture submitted to this meeting, with such
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changes as shall be approved by such persons executing the Series 2026 Bonds, their execution to
constitute conclusive evidence of such approval.
Section 2. In order to pay the principal of and interest on the Series 2026 Bonds as
they mature or are called for redemption prior to maturity, there is hereby pledged all of the receipts
of the one percent ( 1.00%) Sales and Use Tax levied by the Election Ordinance. The levy and
collection of the Sales and Use Tax replaces the levy and collection of prior sales and use taxes by
the City at the combined rate of one percent ( 1.00%) securing the Prior Bonds and shall commence
as provided in the Local Government Bond Act and continue until such time as the Series 2026
Bonds and any Additional Bonds subsequently issued pursuant to the Trust Indenture ( collectively
with the Series 2026 Bonds, the “ Bonds”) are no longer outstanding or sufficient funds are on
deposit with the Trustee under the Trust Indenture to redeem the Bonds in full. The City covenants
and agrees that all receipts from the Sales and Use Tax will be accounted for separately as special
funds on the books of the City, and receipts of said Sales and Use Tax will be deposited and will
be used solely as provided in the Trust Indenture.
Section 3. To prescribe the terms and conditions upon which the Series 2026 Bonds
are to be executed, authenticated, issued, accepted, held and secured, the Mayor is hereby
authorized and directed to execute and acknowledge a Trust Indenture ( the “ Trust Indenture”), by
and between the City and Simmons Bank, Pine Bluff, Arkansas (the “Trustee”), and the City Clerk
is hereby authorized and directed to execute and acknowledge the Trust Indenture and to affix the
seal of the City thereto, and the Mayor and the City Clerk are hereby authorized and directed to
cause the Trust Indenture to be accepted, executed and acknowledged by the Trustee. The Trust
Indenture is hereby approved in substantially the form submitted to this meeting, including,
without limitation, the provisions thereof pertaining to the pledge of Sales and Use Tax receipts
and the terms of the Series 2026 Bonds. The Mayor is hereby authorized to confer with the Trustee,
the Underwriter and Bond Counsel in order to complete the Trust Indenture in substantially the
form submitted to this meeting, with such changes as shall be approved by such persons executing
the Trust Indenture, their execution to constitute conclusive evidence of such approval.
Advice is given that a copy of the Trust Indenture in substantially the form authorized to
be executed is on file with the City Clerk and is available for inspection by any interested person.)
Section 4. There is hereby authorized and approved a Preliminary Official Statement
of the City, including the cover page and appendices attached thereto, relating to the Series 2026
Bonds. The Preliminary Official Statement is hereby “ deemed final” by the City within the
meaning of U.S. Securities and Exchange Commission Rule 15c2-12. The distribution of the
Preliminary Official Statement is hereby approved. The Preliminary Official Statement, as
amended to conform to the terms of the Bond Purchase Agreement, including Exhibit A thereto,
and with such other changes and amendments as are mutually agreed to by the City and the
Underwriter, is herein referred to as the “Official Statement,” and the Mayor is hereby authorized
to execute the Official Statement for and on behalf of the City. The Official Statement is hereby
approved in substantially the form of the Preliminary Official Statement submitted to this meeting,
and the Mayor is hereby authorized to confer with the Trustee, the Underwriter and Bond Counsel
in order to complete the Official Statement in substantially the form of the Preliminary Official
Statement submitted to this meeting, with such changes as shall be approved by such persons, the
Mayor’s execution to constitute conclusive evidence of such approval.
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Advice is given that a copy of the Preliminary Official Statement is on file with the City
Clerk and is available for inspection by any interested person.)
Section 5. In order to prescribe the terms and conditions upon which the Series 2026
Bonds are to be sold to the Underwriter, the Mayor is hereby authorized and directed to execute a
Bond Purchase Agreement on behalf of the City, to be dated as of the date of its execution ( the
Bond Purchase Agreement”), by and between the City and the Underwriter, and the Bond
Purchase Agreement is hereby approved in substantially the form submitted to this meeting, and
the Mayor is hereby authorized to confer with the Underwriter and Bond Counsel in order to
complete the Bond Purchase Agreement in substantially the form submitted to this meeting, with
such changes as shall be approved by such persons executing the Bond Purchase Agreement, their
execution to constitute conclusive evidence of such approval.
Advice is given that a copy of the Bond Purchase Agreement in substantially the form
authorized to be executed is on file with the City Clerk and is available for inspection by any
interested person.)
Section 6. In order to provide for continuing disclosure of certain financial and
operating information with respect to the Sales and Use Tax and the City to ensure compliance
with the provisions of Rule 15c2-12 of the U. S. Securities and Exchange Commission, the Mayor
is hereby authorized and directed to execute a Continuing Disclosure Agreement to be dated as of
the date of its execution ( the “ Continuing Disclosure Agreement”), by and between the City and
Simmons Bank, Pine Bluff, Arkansas, as dissemination agent (the “ Dissemination Agent”), and
the Mayor is hereby authorized and directed to cause the Continuing Disclosure Agreement to be
executed by the Dissemination Agent. The Continuing Disclosure Agreement is hereby approved
in substantially the form submitted to this meeting, and the Mayor is hereby authorized to confer
with the Dissemination Agent, the Underwriter and Bond Counsel in order to complete the
Continuing Disclosure Agreement in substantially the form submitted to this meeting, with such
changes as shall be approved by such persons executing the Continuing Disclosure Agreement,
their execution to constitute conclusive evidence of such approval.
Advice is given that a copy of the Continuing Disclosure Agreement in substantially the
form authorized to be executed is on file with the City Clerk and is available for inspection by any
interested person.)
Section 7. In order to provide for the defeasance and redemption of the Prior Bonds,
the Mayor is hereby authorized and directed to execute an Escrow Deposit Agreement to be dated
as of the date of its execution (the “ Escrow Agreement”), by and between the City and Simmons
Bank, Pine Bluff, Arkansas, as escrow trustee (the “ Escrow Trustee”), and the Mayor is hereby
authorized and directed to cause the Escrow Agreement to be executed by the Escrow Trustee.
The Escrow Agreement is hereby approved in substantially the form submitted to this meeting,
and the Mayor is hereby authorized to confer with the Underwriter, the Escrow Trustee and Bond
Counsel in order to complete the Escrow Agreement in substantially the form submitted to this
meeting, with such changes as shall be approved by such persons executing the Escrow
Agreement, their execution to constitute conclusive evidence of such approval.
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Advice is given that a copy of the Escrow Agreement in substantially the form authorized
to be executed is on file with the City Clerk and is available for inspection by any interested
person.)
Section 8. In order to secure lower interest rates on the Series 2026 Bonds, the
Underwriter has proposed that the City consider the purchase of a policy of bond insurance with a
portion of the proceeds of the Series 2026 Bonds, which policy or policies would guarantee the
payment of the principal of and interest on the Series 2026 Bonds when due. If deemed
economically advantageous by the Mayor, upon the advice of the Underwriter, the Mayor is hereby
authorized to execute an insurance commitment and to do any and all things necessary to
accomplish the delivery of a bond insurance policy with respect to the Series 2026 Bonds.
In order that the maximum amount of proceeds of the Series 2026 Bonds be available to
refund the Prior Bonds and pay costs of the Projects, the Underwriter has proposed that the City
consider the purchase of a surety bond or a debt service reserve insurance policy with a portion of
the proceeds of the Series 2026 Bonds, which surety bond or insurance policy would satisfy the
funding requirements of the debt service reserve. If deemed economically advantageous by the
Mayor, upon the advice of the Underwriter, the Mayor is hereby authorized to execute a
commitment and to do any and all things necessary to accomplish the delivery of a surety bond or
debt service reserve insurance policy with respect to the debt service reserve for the Series 2026
Bonds.
Section 9. The Mayor and City Clerk, for and on behalf of the City, are hereby
authorized and directed to do any and all things necessary to effect the issuance, sale, execution
and delivery of the Series 2026 Bonds and to effect the execution and delivery of the Trust
Indenture, the Bond Purchase Agreement, the Official Statement, the Continuing Disclosure
Agreement and a Tax Compliance Agreement relating to the tax exemption of interest on the Series
2026 Bonds, and to perform all of the obligations of the City under and pursuant thereto. The
Mayor and the City Clerk are further authorized and directed, for and on behalf of the City, to
execute all papers, documents, certificates and other instruments that may be required for the
carrying out of such authority or to evidence the exercise thereof.
Section 10. As previously provided in the Election Ordinance, Kutak Rock LLP, Little
Rock, Arkansas, is hereby confirmed as Bond Counsel on behalf of the City in connection with
the issuance and sale of the Series 2026 Bonds.
Section 11. The provisions of this Ordinance are hereby declared to be severable, and
if any section, phrase or provision shall for any reason be declared to be illegal or invalid, such
declaration shall not affect the validity of the remainder of the sections, phrases or provisions of
this Ordinance.
Section 12. All ordinances, resolutions and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
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Section 13. The City Council hereby finds and determines that there is a critical need to
restructure the City’s existing indebtedness through the refunding of the Prior Bonds and to obtain
an additional source of revenue to finance essential City capital improvements such as the Projects,
all in order to promote and protect the health, safety and welfare of the inhabitants of the City. It
is, therefore, declared that an emergency exists and this Ordinance being necessary for the
immediate preservation of the public health, safety and welfare shall be in full force and effect
from and after its passage and approval.
ADOPTED AND APPROVED THIS _____DAY OF _____________,2026.
APPROVED:
Mayor
ATTEST:
City Clerk
S E A L)
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KUTAK ROCK LLP
DRAFT 06/18/2026
BOND PURCHASE AGREEMENT
2026
City of Fayetteville
City Administration Building
113 West Mountain
Fayetteville, Arkansas 72701
City of Fayetteville, Arkansas
Sales and Use Tax Capital Improvement and Refunding Bonds,
Series 2026
Ladies and Gentlemen:
On the basis of the representations, warranties and agreements and upon the terms and
conditions contained herein, the undersigned, Stephens Inc. (the “ Underwriter”), hereby offers to
enter into this Bond Purchase Agreement ( this “ Bond Purchase Agreement”) with the City of
Fayetteville, Arkansas ( the “ City”) which, upon your acceptance of this offer, will be binding upon
you and upon the Underwriter. Terms not otherwise defined herein shall have the same meanings
as set forth in the Indenture defined and described below.
This offer is made subject to your acceptance of this Bond Purchase Agreement on or
before midnight on ____________, 2026. The Underwriter may withdraw this offer by written
notice to the City at any time prior to its acceptance.
1. General. Upon the terms and conditions and in reliance upon the respective
representations, warranties and covenants herein, the Underwriter hereby agrees to purchase from
the City, and the City hereby agrees to sell to the Underwriter, all ( but not less than all) of
City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement and
Refunding Bonds, Series 2026 ( the “ Bonds”), at the purchase price ( the “ Purchase Price”) of
equal to the par amount of the Bonds [ plus][ less] a [ net] reoffering
premium][ discount] of $___________and less underwriter’ s discount of $_________).
The Bonds shall be issued by the City pursuant to the provisions of the Constitution and
laws of the State of Arkansas, including, particularly, Amendment 62 to the Constitution and
Arkansas Code Annotated §§14-164-301 et seq. (the “Act”).
The Bonds will constitute special and limited obligations of the City, ratably secured solely
by and payable solely from a pledge of and lien on (1) the receipts from a one percent (1.00%)
city-wide sales and use tax (the “ Sales and Use Tax”) authorized under the Act and levied within
the City pursuant to Ordinance No. 6920 of the City Council of the City which was adopted on
October 21, 2025 (the “Election Ordinance”), which levies were approved by the voters of the City
at a special election held March 3, 2026, and (2) moneys or investments on deposit in the Revenue
4904-0296-5427.2
Fund, Bond Fund and Redemption Fund established by a Trust Indenture dated as of _________1,
2026 ( the “ Indenture”), by and between the City and Simmons Bank, Pine Bluff, Arkansas, as
trustee ( the “ Trustee”), all as more particularly described in the Indenture.
The Bonds shall be issued and secured pursuant to Ordinance No. _____ of the City
Council of the City which was adopted on _________, 2026 ( the “ Authorizing Ordinance”), and
pursuant to the Indenture. The Bonds shall have the maturities and interest rates as set forth in
Exhibit A hereto. The Bonds shall be subject to redemption as set forth in the Indenture and in the
Official Statement (hereinafter defined).
A portion of the proceeds of the Bonds will be used, along with other available moneys, to
accomplish a current refunding of (i) $________outstanding principal amount of the City’s Sales
and Use Tax Capital Improvement Bonds, Series 2022, and ( ii) $________outstanding principal
amount of the City’s Sales and Use Tax Capital Improvement Bonds, Series 2024 (collectively,
the “ Prior Bonds”). The defeasance and redemption of the Prior Bonds will be accomplished
pursuant to the terms and provisions of an Escrow Deposit Agreement to be dated as of the date of
delivery of the Bonds ( the “ Escrow Agreement”), by and between the City and Simmons Bank, Pine
Bluff, Arkansas, as escrow trustee ( the “ Escrow Trustee”), and the Bond proceeds deposited
thereunder will be held, invested and utilized ( along with other available moneys) to redeem the
Prior Bonds at the times and in the amounts provided in the Escrow Agreement.
The remaining proceeds of the Bonds will be used ( i) to pay all or a portion of the costs of
certain (1) water and wastewater system rehabilitation and improvements, (2) parks system and
related improvements, ( 3) an animal services facility and related improvements, ( 4) trail system
and related improvements, ( 5) streets and transportation-related improvements, ( 6) a recycling
drop-off facility and a household hazardous waste facility and related improvements, ( 7) an
aquatics/recreation center and related improvements, and (8) a fire training facility and fire station
construction and related improvements and the acquisition of firefighting vehicles, equipment and
apparatus (collectively, the “Projects”), and (ii) to pay certain expenses in connection with the
issuance of the Bonds.
The City will undertake, pursuant to a Continuing Disclosure Agreement to be dated as of
the date of delivery of the Bonds ( the “ Continuing Disclosure Agreement”), to provide certain
annual financial and operating information and notices of the occurrence of certain listed events,
as required by Section ( b)(5)(i) of Rule 15c2-12 under the Securities Exchange Act of 1934, as
amended (the “ Rule”). A description of this undertaking is set forth in the Preliminary Official
Statement and will also be set forth in the Official Statement (each hereinafter defined). The City
is in compliance with its continuing disclosure undertakings entered into by the City pursuant to
the Rule in connection with other bonds issued by the City, and, except for failures to comply with
such continuing disclosure obligations (as to which no determination of materiality has been made)
as set forth in the Preliminary Official Statement and the Official Statement, the City has been in
compliance with its continuing disclosure undertakings in all material respects for the past five
years.
In order to ensure compliance with the provisions of the Internal Revenue Code of 1986,
as amended ( the “ Code”), applicable to the Bonds, the City will enter into a Tax Compliance
Agreement dated as of the date of delivery of the Bonds (the “Tax Compliance Agreement”).
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2. Bona Fide Public Offering. The Underwriter agrees to make a bona fide public
offering of all of the Bonds at the offering prices set forth on the inside cover of the final Official
Statement described below.
3. Delivery of Official Statement. ( a) The City has previously provided the
Underwriter with copies of its Preliminary Official Statement, including the cover page
and the appendices thereto, dated __________, 2026, relating to the Bonds ( the
Preliminary Official Statement”). As of its date, the Preliminary Official Statement is
deemed final” by the City for purposes of SEC Rule 15c2-12(b)(1). The Preliminary
Official Statement, as amended to conform to the terms of this Bond Purchase Agreement,
including Exhibit A hereto, and with such other changes and amendments as are mutually
agreed to by the City and the Underwriter, is herein referred to as the “ Official Statement.”
b) The City agrees to deliver to the Underwriter, at such address as the
Underwriter shall specify, as many copies of the final Official Statement dated
2026, relating to the Bonds as the Underwriter shall reasonably request as
necessary to comply with paragraph ( b)(4) of the Rule ( as defined above) and with Rule
G-32 and Rule G-36 and all other applicable rules of the Municipal Securities Rulemaking
Board. The City agrees to deliver such final Official Statement within seven ( 7) business
days after the execution hereof.
c) Pursuant to the Authorizing Ordinance, the City has authorized and
approved the Preliminary Official Statement and the final Official Statement, consented to
their distribution and use by the Underwriter and authorized the execution of the final
Official Statement by a duly authorized officer of the City. The City hereby ratifies and
confirms the use of the Preliminary Official Statement by the Underwriter prior to the date
hereof in connection with the public offering of the Bonds.
d) The Underwriter shall give notice to the City on the date after which no
participating underwriter, as such term is defined in the Rule, remains obligated to deliver
final Official Statements pursuant to paragraph ( b)(4) of the Rule.
4. City’s Representations and Warranties. The City represents and warrants to the
Underwriter that:
a) The City is a duly organized and existing political subdivision under the
Constitution and laws of the State of Arkansas ( the “ State”). The City is authorized by the
provisions of the Act to issue the Bonds for the purpose of defeasing and redeeming the
Prior Bonds and financing a portion of the costs of the Projects.
b) The City has the full legal right, power and authority (i)to adopt the
Election Ordinance levying the Sales and Use Tax, (ii)to adopt the Authorizing Ordinance
authorizing the issuance of and sale of the Bonds, (iii)to enter into this Bond Purchase
Agreement, the Indenture, the Escrow Agreement, the Continuing Disclosure Agreement
and the Tax Compliance Agreement, (iv) to levy the Sales and Use Tax, (v) to issue, sell
and deliver the Bonds to the Underwriter as provided herein, (vi) to pledge irrevocably the
receipts of the Sales and Use Tax to the payment of the principal of, premium, if any, and
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interest on the Bonds, and ( vii) to carry out and consummate all other transactions
contemplated by each of the aforesaid documents, and the City has complied with all
provisions of applicable law, including the Act, in all matters relating to such transactions.
c) The City has duly authorized (i)the execution and delivery of the Bonds
and the execution, delivery and due performance of this Bond Purchase Agreement, the
Indenture, the Escrow Agreement, the Continuing Disclosure Agreement and the Tax
Compliance Agreement, ( ii) the distribution and use of the Preliminary Official Statement
and the execution, delivery and distribution of the final Official Statement, and (iii)the
taking of any and all such actions as may be required on the part of the City to carry out,
give effect to and consummate the transactions contemplated by such instruments. All
consents or approvals necessary to be obtained by the City in connection with the foregoing
have been received, and the consents or approvals so received remain still in full force and
effect.
d) The Election Ordinance and the Authorizing Ordinance have been duly
adopted by City Council of the City, are each in full force and effect and each constitutes
the legal, valid and binding act of the City; and this Bond Purchase Agreement, the
Indenture, the Escrow Agreement, the Continuing Disclosure Agreement and the Tax
Compliance Agreement, when executed and delivered, will constitute legal, valid and
binding obligations of the City, and this Bond Purchase Agreement, the Indenture, the
Escrow Agreement, the Continuing Disclosure Agreement and the Tax Compliance
Agreement are enforceable against the City in accordance with their respective terms,
except as enforceability thereof may be limited by bankruptcy, insolvency or other laws
affecting creditors’ rights generally.
e) When delivered to or at the direction of the Underwriter, the Bonds will
have been duly authorized, executed, authenticated, issued and delivered and will
constitute legal, valid and binding obligations of the City in conformity with the laws of
the State of Arkansas, including the Act, and will be entitled to the benefit and security of
the Authorizing Ordinance and the Indenture.
f) The City has duly approved and authorized the distribution and use of the
Preliminary Official Statement and the execution, delivery and distribution of the Official
Statement.
g) The information contained in the Preliminary Official Statement is, and as
of the Closing Date such information in the final Official Statement will be, true and correct
in all material respects, and the Preliminary Official Statement does not and the final
Official Statement will not contain any untrue or misleading statement of a material fact or
omit to state any material fact necessary to make the statements therein, in the light of the
circumstances under which they were made, not misleading.
h) If, at any time prior to the earlier of ( i)receipt of notice from the
Underwriter pursuant to Section 3(d) hereof that Official Statements are no longer required
to be delivered under the Rule or (ii)25 days after the Closing Date, any event occurs as a
result of which the Official Statement, as then amended or supplemented, might include an
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untrue statement of a material fact, or omit to state any material fact necessary to make the
statements therein, in light of the circumstances under which they were made, not
misleading, the City shall promptly notify the Underwriter in writing of such event. Any
information supplied by the City for inclusion in any amendments or supplements to the
Official Statement will not contain any untrue or misleading statement of a material fact or
omit to state any material fact necessary to make the statements therein, in the light of the
circumstances under which they were made, not misleading. Upon the request of the
Underwriter therefor, the City shall prepare and deliver to the Underwriter, at the City’s
expense, as many copies of an amendment or supplement to the Official Statement which
will correct any untrue statement or omission therein as the Underwriter may reasonably
request.
i) Neither the adoption of the Authorizing Ordinance or the Election
Ordinance, the execution and delivery of this Bond Purchase Agreement, the Bonds, the
Indenture, the Escrow Agreement, the Continuing Disclosure Agreement or the Tax
Compliance Agreement, nor the consummation of the transactions contemplated herein or
therein or the compliance with the provisions hereof or thereof will conflict with, or
constitute on the part of the City a violation of, or a breach of or default under, ( i) any
statute, indenture, mortgage, commitment, note or other agreement or instrument to which
the City is a party or by which it is bound, ( ii) any provision of the Constitution of the State
of Arkansas, or (iii)any existing law, rule, regulation, ordinance, judgment, order or decree
to which the City ( or the members of its City Council or any of its officers in their
respective capacities as such) is subject. All consents, approvals, authorizations and orders
of governmental or regulatory authorities, if any, which are required for the City’ s
execution and delivery of, consummation of the transactions contemplated by, and
compliance with the provisions of this Bond Purchase Agreement, the Authorizing
Ordinance, the Election Ordinance, the Bonds, the Indenture, the Escrow Agreement, the
Continuing Disclosure Agreement and the Tax Compliance Agreement have been
obtained.
j) Except as is specifically disclosed in the Official Statement, there is no
action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court,
public board or body, pending or, to the best knowledge of the City, threatened, which in
any way questions the powers of the City referred to in subparagraph 4(b) above, or the
validity of any proceeding taken by the City in connection with the issuance of the Bonds
or the levy of the Sales and Use Tax, or wherein an unfavorable decision, ruling or finding
could materially adversely affect the transactions contemplated by this Bond Purchase
Agreement, or of any other document or instrument required or contemplated by the Bond
financing, or which, in any way, could adversely affect the validity or enforceability of the
Authorizing Ordinance, the Election Ordinance, the Bonds, the Indenture, the Escrow
Agreement, the Continuing Disclosure Agreement, the Tax Compliance Agreement or this
Bond Purchase Agreement or, to the knowledge of the City, which in any way questions
the exclusion from gross income of the recipients thereof of the interest on the Bonds for
federal income tax purposes or in any other way questions the status of the Bonds under
federal or State of Arkansas tax laws or regulations.
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k) Any certificate signed by any official of the City and delivered to the
Underwriter shall be deemed a representation and warranty by the City to the Underwriter
as to the truth of the statements therein contained.
l) The City has not been notified of any listing or proposed listing by the
Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications
may not be relied upon.
m) The collection history with respect to the City’ s previously levied sales and
use taxes set forth in the Preliminary Official Statement under the caption entitled
HISTORICAL SALES AND USE TAX COLLECTIONS” is fair, accurate and complete.
n) The City will not knowingly take or omit to take any action, which action
or omission will in any way cause the proceeds from the sale of the Bonds to be applied in
a manner other than as provided in the Indenture, or which would cause the interest on the
Bonds to be includable in gross income for federal income tax purposes.
5. City’s Covenants. The City covenants with the Underwriter as follows:
a) The City will cooperate with the Underwriter in qualifying the Bonds for
offer and sale under the securities or Blue Sky laws of such jurisdictions of the
United States as the Underwriter may request; provided, however, that the City shall not
be required to consent to suit or to service of process in any jurisdiction. The City consents
to the use by the Underwriter in the course of its compliance with the securities or Blue
Sky laws of the various jurisdictions of the documents relating to the Bonds, subject to the
right of the City to withdraw such consent for cause by written notice to the Underwriter.
b) Prior to the earlier of (i)receipt of notice from the Underwriter pursuant to
Section 3(d) hereof that final Official Statements are no longer required under the Rule or
ii)25 days after the Closing Date, the City shall provide the Underwriter with such
information regarding the City, the receipts from the Sales and Use Tax, and the current
financial condition and ongoing operations of the City, all as the Underwriter may
reasonably request.
6. Closing. At 10:00 a.m. Fayetteville, Arkansas time on ____________, 2026, or at
such other time and/ or date as shall have been mutually agreed upon by the City and the
Underwriter ( the “ Closing Date”), the City will deliver the Bonds, or cause the Bonds to be
delivered, to or at the direction of the Underwriter, said Bonds to be in definitive form duly
executed by the City and authenticated by Simmons Bank, Pine Bluff, Arkansas, as trustee (the
Trustee”), together with the other documents hereinafter mentioned; and the Underwriter will
accept such delivery and pay the Purchase Price of the Bonds by making a wire transfer of federal
funds payable to the order of the Trustee for the account of the City.
The Bonds shall be delivered to The Depository Trust Company in New York, New York,
and the activities relating to the final execution and delivery of the Authorizing Ordinance, the
Election Ordinance, the Indenture, the Escrow Agreement, the Continuing Disclosure Agreement
and the Tax Compliance Agreement and the other documents related to the Bonds and the payment
for the Bonds and the delivery of the certificates, opinions and other instruments as described in
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Section 8 of this Bond Purchase Agreement shall occur in the offices of Kutak Rock LLP, 1277 E.
Joyce Blvd., Suite 300, Fayetteville, Arkansas (“ Bond Counsel”), or at such other place as shall
have been mutually agreed upon between the City and the Underwriter. The payment for the
Bonds and simultaneous delivery of the Bonds to or at the direction of the Underwriter is herein
referred to as the “ Closing.”
7. Underwriter’s Right to Cancel. The Underwriter shall have the right to cancel its
obligation to purchase the Bonds hereunder by notifying the City in writing or by telegram of its
election to do so between the date hereof and the Closing, if at any time hereafter and prior to the
Closing:
i) the House of Representatives or the Senate of the Congress of the
United States, or a committee of either, shall have pending before it, or shall have passed or
recommended favorably, legislation introduced previous to the date hereof, which legislation,
if enacted in its form as introduced or as amended, would have the purpose or effect of
imposing federal income taxation upon revenues or other income of the general character to
be derived by the City or by any similar body under the Election Ordinance, the Authorizing
Ordinance or the Indenture or similar documents or upon interest received on obligations of
the general character of the Bonds or the Bonds, or of causing interest on obligations of the
general character of the Bonds, or the Bonds, to be includable in gross income for purposes
of federal income taxation, and such legislation, in the Underwriter’ s opinion, materially
adversely affects the market price of the Bonds; or
ii) a tentative decision with respect to legislation shall be reached by a committee
of the House of Representatives or the Senate of the Congress of the United States, or
legislation shall be favorably reported or rereported by such a committee or be introduced, by
amendment or otherwise, in or be passed by the House of Representatives or the Senate, or
recommended to the Congress of the United States for passage by the President of the
United States, or be enacted or a decision by a federal court of the United States or the
United States Tax Court shall have been rendered, or a ruling, release, order, regulation or
official statement by or on behalf of the United States Treasury Department, the Internal
Revenue Service or other governmental agency shall have been made or proposed to be made
having the purpose or effect, or any other action or event shall have occurred which has the
purpose or effect, directly or indirectly, of adversely affecting the federal income tax
consequences of owning the Bonds or of any of the transactions contemplated in connection
herewith, including causing interest on the Bonds to be included in gross income for purposes
of federal income taxation, or imposing federal income taxation upon revenues or other
income of the general character to be derived by the City or by any similar body under the
Election Ordinance, the Authorizing Ordinance or the Indenture or similar documents or upon
interest received on obligations of the general character of the Bonds, or the Bonds which, in
the opinion of the Underwriter, materially adversely affects the market price of or market for
the Bonds; or
iii) legislation shall have been enacted, or actively considered for enactment with
an effective date prior to the Closing, or a decision by a court of the United States shall have
been rendered, the effect of which is that the Bonds, including any underlying obligations, or
the Indenture, as the case may be, is not exempt from the registration, qualification or other
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4904-0296-5427.2
requirements of the Securities Act of 1933, as amended and as then in effect, the Securities
Exchange Act of 1934, as amended and as then in effect, or the Trust Indenture Act of 1939,
as amended and as then in effect; or
iv) a stop order, ruling, regulation or official statement by the Securities and
Exchange Commission or any other governmental agency having jurisdiction of the subject
matter shall have been issued or made or any other event occurs, the effect of which is that
the issuance, offering or sale of the Bonds, including any underlying obligations, or the
execution and delivery of the Indenture as contemplated hereby or by the Official Statement,
is or would be in violation of any provision of the federal securities laws, including the
Securities Act of 1933, as amended and as then in effect, the Securities Exchange Act of 1934,
as amended and as then in effect, or the Trust Indenture Act of 1939, as amended and as then
in effect; or
v) any event shall have occurred or any information shall have become known to
the Underwriter which causes the Underwriter to reasonably believe that the Official
Statement as then amended or supplemented includes an untrue statement of a material fact,
or omits to state any material fact necessary to make the statements therein, in light of the
circumstances under which they were made, not misleading; or
vi) there shall have occurred any outbreak of hostilities or any national or
international calamity or crisis, including a financial crisis, the effect of which on the financial
markets of the United States is such as, in the reasonable judgment of the Underwriter, would
materially adversely affect the market for or market price of the Bonds; or
vii) there shall be in force a general suspension of trading on the New York Stock
Exchange, the effect of which on the financial markets of the United States is such as, in the
reasonable judgment of the Underwriter, would materially adversely affect the market for or
market price of the Bonds; or
viii) a general banking moratorium shall have been declared by federal, New York
or State authorities; or
ix) any proceeding shall be pending or threatened by the Securities and Exchange
Commission against the City; or
x) additional material restrictions not in force as of the date hereof shall have
been imposed upon trading in securities generally by any governmental authority or by any
national securities exchange; or
xi) the New York Stock Exchange or other national securities exchange, or any
governmental authority, shall impose, as to the Bonds or obligations of the general character
of the Bonds, any material restrictions not now in force, or increase materially those now in
force, with respect to the extension of credit by, or the charge to the net capital requirements
of the Underwriter.
8. Conditions to Underwriter’s Obligations. The obligation of the Underwriter to
purchase the Bonds shall be subject ( a) to the performance by the City of its obligations to be
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4904-0296-5427.2
performed hereunder at and prior to the Closing, ( b) to the accuracy of the representations and
warranties of the City herein as of the date hereof and as of the time of the Closing, and (c) to the
following conditions, including the delivery by the City of such documents as are enumerated
herein in form and substance satisfactory to the Underwriter:
a) The Bonds shall have been duly authorized, executed and delivered in the
forms approved by the City in the Indenture with only such changes therein as the
Underwriter and the City shall mutually agree upon, which shall in all instances be as
described in the final Official Statement;
b) At the time of Closing, ( i) the Official Statement, this Bond Purchase
Agreement, the Indenture, the Authorizing Ordinance, the Election Ordinance, the Escrow
Agreement, the Continuing Disclosure Agreement and the Tax Compliance Agreement
shall be in full force and effect and shall not have been amended, modified or supplemented
from the date hereof, except as may have been agreed to in writing by the Underwriter,
ii)the proceeds of the sale of the Bonds and other funds shall be deposited and applied as
described in the Indenture, ( iii) no default or event of default under the Indenture shall
have occurred and be continuing, and (iv) no material adverse change affecting the City or
the Sales and Use Tax shall have occurred, nor shall any development involving a
prospective and material adverse change in, or affecting the business, financial condition,
results of operations, prospects or properties of the City have occurred;
c) Receipt of fully executed originals of the Indenture, the Escrow Agreement,
the Continuing Disclosure Agreement and the Tax Compliance Agreement at or prior to
the Closing;
d) At or prior to the Closing, the Underwriter shall receive the following
documents in such number of counterparts as shall be mutually agreeable to the
Underwriter and Bond Counsel:
1) A final approving opinion of Bond Counsel, dated the Closing Date,
in substantially the form set forth in Exhibit C hereto;
2) A supplemental opinion of Bond Counsel, addressed to the City, the
Trustee and the Underwriter and dated the Closing Date, in substantially the form
set forth in Exhibit D hereto;
3) An opinion of Bond Counsel addressed to the City and the trustee
for the Prior Bonds (the “ Prior Bond Trustee”), to the effect that upon deposit of
the moneys as described in the trust indenture with the Prior Bond Trustee securing
the Prior Bonds, the Prior Bonds will be deemed to be paid and discharged and the
lien on the receipts of the sales and use taxes securing the Prior Bonds will be
released;
4) The Official Statement executed by a duly authorized officer of the
City;
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4904-0296-5427.2
5) Certified copies of the Authorizing Ordinance and the Election
Ordinance and all other ordinances and resolutions of the City relating to the Bonds;
6) Certified copies of the Notice of Election and Mayor’ s Proclamation
of Election Results, together with proofs of publication thereof;
7) Photocopies of the Bonds as executed and delivered;
8) A letter from S& P Global Ratings, a business unit of Standard &
Poor’ s Financial Services, LLC, to the effect that the Bonds have been assigned a
rating of no less than “____” (______ outlook), which rating shall be in effect as of
the Closing Date;
9) A certificate, in form and substance satisfactory to the Underwriter,
of any duly authorized officer or official of the City satisfactory to the Underwriter,
dated as of the Closing Date, to the effect that: (i)each of the City’s representations,
warranties and covenants contained herein are true and correct as of the Closing
Date; (ii)the City has duly adopted the Authorizing Ordinance and the Election
Ordinance by all action necessary under the Act and the laws and Constitution of
the State of Arkansas, and has duly authorized the execution, delivery and due
performance of the Bonds, the Indenture, the Escrow Agreement, the Continuing
Disclosure Agreement, the Tax Compliance Agreement, the Official Statement and
this Bond Purchase Agreement; ( iii) no litigation is pending, or to the knowledge
of the officer or official of the City signing the certificate after due investigation
and inquiry, threatened, to restrain or enjoin the issuance or sale of the Bonds or in
any way affecting any authority for or the validity of the Bonds, the Sales and Use
Tax, the Official Statement, the Authorizing Ordinance, the Election Ordinance,
the Indenture, the Escrow Agreement, the Continuing Disclosure Agreement, the
Tax Compliance Agreement, or this Bond Purchase Agreement; ( iv) the Bonds, the
Indenture, this Bond Purchase Agreement, the Escrow Agreement, the Continuing
Disclosure Agreement and the Tax Compliance Agreement, as executed and
delivered by the City, are in the form or in substantially the form approved for such
execution by appropriate proceedings of the City; ( v) since December 31, 2025,
there has not been any material adverse change in the financial condition or results
of operations of the City whether or not arising in the ordinary course of business,
other than as set forth in the Official Statement; ( vi) neither the Authorizing
Ordinance nor the Election Ordinance have been amended, modified or repealed as
of the Closing Date, and the Authorizing Ordinance and the Election Ordinance
remain in full force and effect; ( vii) none of the proceedings of the City taken
preliminary to the issuance of the Bonds, as certified in such certificate, including
the levy of the Sales and Use Tax, have been in any manner repealed, amended or
changed; (viii) the City has complied in all respects with the provisions of the Act
and has full legal right, power and authority to levy the Sales and Use Tax and to
issue the Bonds for the purposes stated in the Act and to enter into this Bond
Purchase Agreement, to adopt the Authorizing Ordinance and the Election
Ordinance, to issue, sell and deliver the Bonds as provided in this Bond Purchase
Agreement, and to carry out and consummate all other transactions contemplated
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4904-0296-5427.2
by this Bond Purchase Agreement, the Authorizing Ordinance, the Election
Ordinance, the Indenture, the Escrow Agreement, the Continuing Disclosure
Agreement and the Tax Compliance Agreement; ( ix) neither the Official Statement
nor any amendment or supplement thereto contains any untrue statement of a
material fact or omits to state any material fact necessary in order to make the
statements contained therein, in the light of the circumstances under which they
were made, not misleading; and ( x) to the best knowledge of the officer or official
of the City signing the certificate, no event affecting the City or the Sales and Use
Tax has occurred since the date of the Official Statement which should be disclosed
in the Official Statement for the purposes for which it is used that is necessary to
disclose therein in order to make the statements and information therein not
misleading in any respect;
10) An opinion of Kit Williams, Esq., City Attorney, dated the Closing
Date and addressed to the Underwriter, Bond Counsel and the Trustee, to the effect
that ( i) the City is a duly organized and validly existing political subdivision and
city of the first class, organized under the laws of the State of Arkansas, with full
power and authority to adopt the Authorizing Ordinance and Election Ordinance,
to levy the Sales and Use Tax, and to execute and deliver the Bonds, the Indenture,
the Escrow Agreement, the Continuing Disclosure Agreement, the Tax Compliance
Agreement and this Bond Purchase Agreement; (ii)the City has duly approved the
Preliminary Official Statement and the Official Statement; ( iii) the Authorizing
Ordinance and the Election Ordinance have been duly adopted by the City by all
action necessary under the Act and the laws and Constitution of the State of
Arkansas, and each remains in full force and effect; (iv) the Indenture, the Escrow
Agreement, the Continuing Disclosure Agreement, the Tax Compliance Agreement
and this Bond Purchase Agreement have been duly authorized, approved, executed
and delivered by the City and, subject to the extent that the enforceability of the
rights and remedies set forth therein may be limited by bankruptcy, insolvency or
other laws affecting creditors’ rights generally, constitute valid and binding
agreements of the City enforceable in accordance with their terms; ( v) the
information in the Official Statement under the captions “ THE PROJECTS,” “ THE
CITY” and “LEGAL MATTERS” (apart from financial or statistical data contained
or incorporated therein, as to which no view need be expressed) is fair, accurate
and complete and does not omit any matter which, in such counsel’ s opinion, for
the purposes for which the Official Statement is to be used, should be included or
referred to therein; (vi) excepting those matters discussed in the Official Statement,
there is no action, suit or proceeding at law or in equity before or by any court,
public board or body, pending or threatened, against or affecting the City,
challenging the validity of the transactions contemplated by the Official Statement
or the validity of the Bonds, the Sales and Use Tax, the Authorizing Ordinance, the
Election Ordinance, the Indenture, the Escrow Agreement, the Continuing
Disclosure Agreement, the Tax Compliance Agreement or this Bond Purchase
Agreement and, to the best of such counsel’ s knowledge, there is no investigation,
pending or threatened, and no threatened action, suit or proceeding involving any
of the matters hereinabove mentioned in this clause (vi); (vii) the execution and
delivery of the Authorizing Ordinance, the Election Ordinance, the Indenture, the
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4904-0296-5427.2
Escrow Agreement, the Continuing Disclosure Agreement, the Tax Compliance
Agreement and this Bond Purchase Agreement, and compliance with the provisions
hereof and thereof, under the circumstances contemplated hereby and thereby, do
not and will not in any material respect conflict with or constitute on the part of the
City a breach of or default under any agreement or other instrument to which the
City is a party or any existing law, regulation, court order or consent decree to
which the City is subject; and ( viii) based upon the examinations which such
counsel has made as counsel to the City, which shall be specified, nothing has come
to such counsel’ s attention which would lead such counsel to believe that the
Official Statement ( except for the financial statements and other financial data
included in the Official Statement, as to which no view need be expressed) contains
an untrue statement of a material fact or omits to state a material fact required to be
stated therein or necessary to make the statements therein, in the light of the
circumstances under which they were made, not misleading;
11) Evidence that Federal Form 8038-G has been executed by the City
and is ready for filing with the Internal Revenue Service;
12) Evidence that, except as disclosed in the Official Statement, all
necessary approvals, whether legal or administrative, have been obtained from
applicable federal, state and local entities and agencies; and
13) Such additional legal opinions, certificates, proceedings,
instruments and other documents as the Underwriter and Bond Counsel may
reasonably request to evidence compliance by the City with legal requirements, the
truth and accuracy, as of the time of Closing, of the representations of the City
herein contained and the due performance or satisfaction by the City at or prior to
such time of all agreements then to be performed and all conditions then to be
satisfied.
If the City shall be unable to satisfy the conditions to the obligations of the Underwriter
contained in this Bond Purchase Agreement, or if the obligation of the Underwriter to purchase
and accept delivery of the Bonds shall be terminated for any reason permitted by this Bond
Purchase Agreement, this Bond Purchase Agreement shall terminate and neither the Underwriter
nor the City shall be under further obligation hereunder; except that the respective obligations to
pay expenses, as provided in Section 12 hereof, shall continue in full force and effect.
9. Conditions to Obligations of the City. The obligations of the City hereunder are
subject to the performance by the Underwriter of its obligations hereunder.
10. Survival. All representations, warranties and agreements of the City shall remain
operative and in full force and effect, regardless of any investigations made by or on behalf of the
Underwriter, and shall survive the Closing. The obligations of the City under Sections 11 or 12
hereof shall survive any termination of this Bond Purchase Agreement by the Underwriter pursuant
to the terms hereof.
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11. Indemnification. The City, to the extent permitted by law, agrees to indemnify
and hold harmless the Underwriter, each member, officer, director, partner or employee of the
Underwriter and each person who controls the Underwriter within the meaning of Section 15 of
the Securities Act of 1933, as amended, or Section 20 of the Securities Exchange Act of 1934, as
amended ( collectively called the “ Indemnified Parties”), against any and all losses, claims,
damages, liabilities or expenses (including any legal or other expenses incurred by an Indemnified
Party in connection with investigating any claims against an Indemnified Party and defending any
actions) whatsoever caused by any untrue statement or misleading statement or alleged untrue
statement or alleged misleading statement of a material fact contained in the Official Statement or
caused by any omission or alleged omission from the Official Statement of any material fact
required to be stated therein or necessary in order to make the statements made therein, in the light
of the circumstances under which they were made, not misleading insofar as such losses, claims,
damages, liabilities or expenses are caused by any such untrue or misleading statement or omission
or alleged untrue or misleading statement or omission in the information contained in the Official
Statement; provided, however, that the City shall not be liable to an Indemnified Party in any such
case to the extent that any such loss, claim, damage, liability or action arises out of, or is based
upon, any untrue statement or alleged untrue statement or omission or alleged omission made in
any of such documents in reliance upon and in conformity with written information furnished to
the City by the Underwriter specifically for use therein. No Indemnified Parties shall be
indemnified hereunder for any losses, claims, damages or liabilities resulting from the negligence
or misconduct of such Indemnified Parties.
In case any action shall be brought against one or more of the Indemnified Parties based
upon the Official Statement and in respect of which indemnity may be sought against the City, the
Indemnified Parties shall promptly notify the City in writing, and, to the extent permitted by law,
the City shall promptly assume the defense thereof, including the employment of counsel, the
payment of all expenses and the right to negotiate and consent to settlement. Any one or more of
the Indemnified Parties shall have the right to employ separate counsel in any such action and to
participate in the defense thereof, but the fees and expenses of such counsel shall be at the expense
of such Indemnified Party or Parties unless employment of such counsel has been specifically
authorized by the City. The City shall not be liable for any settlement of any such action effected
without its consent by any of the Indemnified Parties, but if settled with the consent of the City,
the City agrees to indemnify and hold harmless the Indemnified Parties to the extent provided in
this Bond Purchase Agreement and to the extent permitted by law.
12. Payment of Expenses. The City will pay or cause to be paid all reasonable
expenses incident to the performance of its obligations under this Bond Purchase Agreement,
including, but not limited to, expenses of mailing or delivery of the Bonds, legal publication costs,
costs for obtaining CUSIP numbers on the Bonds, fees payable to The Depository Trust Company
relating to the Bonds, Federal Funds charges, costs of printing the Bonds, the Preliminary and final
Official Statements, or any amendment or supplement to the Preliminary or final Official
Statement, fees and disbursements of Bond Counsel, accountants’ fees and expenses, any fees
charged by investment rating agencies for the rating of the Bonds, bond insurance premiums, if
any, fees of the Trustee and any paying agent fees, and any fees and disbursements in connection
with the qualification of the Bonds for sale under the securities or “Blue Sky” laws of the various
jurisdictions and the preparation of “ Blue Sky” memoranda. In the event this Bond Purchase
Agreement shall terminate because of the default of the Underwriter, the City will, nevertheless,
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4904-0296-5427.2
pay, or cause to be paid, all of the expenses specified above. The Underwriter shall pay all
advertising expenses in connection with the public offering of the Bonds, and all other expenses
incurred by it in connection with the public offering and distribution of the Bonds, including the
fees and expenses of any counsel retained by the Underwriter. If the City defaults under this Bond
Purchase Agreement, the Underwriter may bring whatever legal action it may have against the
City to recover damages, if any, incurred by the Underwriter.
13. Establishment of Issue Price. ( a) The Underwriter agrees to assist the City in
establishing the issue price of the Bonds and shall execute and deliver to the City at Closing an
issue price” or similar certificate, together with supporting pricing wires or equivalent
communications, substantially in the form attached hereto as Exhibit B, with such modifications
as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the City and
Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering
price or prices to the public of the Bonds.
b) The City will treat the first price at which 10% of each maturity of the Bonds (the “10%
test”) is sold to the public as the issue price of that maturity ( if different interest rates apply within
a maturity, each separate CUSIP number within that maturity will be subject to the 10% test). At
or promptly after the execution of this Bond Purchase Agreement, the Underwriter shall report to
the City the price or prices at which the Underwriter has sold to the public each maturity of the
Bonds. If at that time the 10% test has not been satisfied as to any maturity of the Bonds, the
Underwriter agrees to promptly report to the City the prices at which Bonds of that maturity have
been sold by the Underwriter to the public. That reporting obligation shall continue, whether or
not the Closing Date has occurred, until either (i)all the Bonds of that maturity have been sold or
ii)the 10% test has been satisfied as to the Bonds of that maturity, provided that, the Underwriter’ s
reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise
upon request of the Underwriter, the City or Bond Counsel.
Subsection ( c) below shall apply only if the Underwriter agrees to apply the hold-the-
offering-price rule, as described below.]
c) The Underwriter confirms it has offered the Bonds to the public on or before the date
of this Bond Purchase Agreement at the offering price or prices ( the “ initial offering price”), or at
the corresponding yield or yields, set forth in Exhibit A attached hereto, except as otherwise set
forth therein. Exhibit A also sets forth, as of the date of this Bond Purchase Agreement, the
maturities, if any, of the Bonds for which the 10% test has not been satisfied and for which the
City and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which
will allow the City to treat the initial offering price to the public of each such maturity as of the
sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the
hold-the-offering-price rule remains applicable to any maturity of the Bonds, the Underwriter will
neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the
initial offering price to the public during the period starting on the sale date and ending on the date
of the earlier of the following:
1) the close of business on the fifth (5th) business day after the sale date; or
14
4904-0296-5427.2
2) the date on which the Underwriter has sold at least 10% of that maturity of the
Bonds to the public at a price that is no higher than the initial offering price to the public.
The Underwriter shall advise the City promptly after the close of the fifth ( 5th) business
day after the sale date whether the Underwriter has sold 10% of that maturity of the Bonds to the
public at a price that is no higher than the initial offering price to the public.]
d) The Underwriter confirms that:
i) any agreement among underwriters, any selling group agreement and each
third-party distribution agreement (to which Underwriter is a party) relating to the initial
sale of the Bonds to the public, together with the related pricing wires, contains or will
contain language obligating each underwriter, each dealer who is a member of the selling
group and each broker-dealer that is a party to such third-party distribution agreement, as
applicable:
A)(i) to report the prices at which it sells to the public the unsold Bonds of each
maturity allotted to it,whether or not the Closing Date has occurred, until either all
Bonds of that maturity allocated to it have been sold or it is notified by the
Underwriter that the 10% test has been satisfied as to the Bonds of that maturity,
provided that, the reporting obligation after the Closing Date may be at reasonable
periodic intervals or otherwise upon request of the Underwriter, and (ii)to comply
with the hold-the-offering-price rule, if applicable, if and for so long as directed by
the Underwriter and as set forth in the related pricing wires; and
B) to promptly notify the Underwriter of any sales of the Bonds that, to its
knowledge, are made to a purchaser who is a related party to an underwriter
participating in the initial sale of the Bonds to the public ( each such term being used
as defined below); and
C) to acknowledge that, unless otherwise advised by the underwriter, dealer or
broker-dealer, the Underwriter shall assume that each order submitted by the
underwriter, dealer or broker-dealer is a sale to the public.
ii) any agreement among underwriters or selling group agreement relating to
the initial sale of the Bonds to the public, together with the related pricing wires, contains
or will contain language obligating each underwriter or dealer that is a party to a third-party
distribution agreement to be employed in connection with the initial sale of the Bonds to
the public to require each broker-dealer that is a party to such third-party distribution
agreement to (A) report the prices at which it sells to the public the unsold Bonds of each
maturity allocated to it, whether or not the Closing Date has occurred, until either all the
Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter or
such underwriter or dealer that the 10% test has been satisfied as to the Bonds of that
maturity, provided that, the reporting obligation after the Closing Date may be at
reasonable periodic intervals or otherwise upon request of the Underwriter or such
underwriter or dealer, and (B) comply with the hold-the-offering-price rule, if applicable,
15
4904-0296-5427.2
if and for so long as directed by the Underwriter or the underwriter or the dealer and as set
forth in the related pricing wires.
e) The City acknowledges that, in making the representation set forth in this Section,
the Underwriter will rely on (i)the agreement of each underwriter to comply with the requirements
for establishing issue price of the Bonds, including, but not limited to, its agreement to comply
with the hold-the-offering-price rule, if applicable to the Bonds, as set forth in an agreement among
underwriters and the related pricing wires, ( ii) in the event a selling group has been created in
connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a
member of the selling group to comply with the requirements for establishing issue price of the
Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule,
if applicable to the Bonds, as set forth in a selling group agreement and the related pricing wires,
and (iii)in the event that an underwriter or dealer who is a member of a selling group is a party to
a third-party distribution agreement that was employed in connection with the initial sale of the
Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to
comply with the requirements for establishing issue price of the Bonds, including, but not limited
to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Bonds, as set
forth in the third-party distribution agreement and the related pricing wires. The City further
acknowledges that each underwriter shall be solely liable for its failure to comply with its
agreement regarding the requirements for establishing issue price of the Bonds, including, but not
limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Bonds,
and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer who
is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution
agreement, to comply with its corresponding agreement to comply with the requirements for
establishing issue price of the Bonds, including, but not limited to, its agreement to comply with
the hold-the-offering-price rule, if applicable to the Bonds.
f) The Underwriter acknowledges that sales of any Bonds to any person that is a
related party to an underwriter participating in the initial sale of the Bonds to the public ( each such
term being used as defined below) shall not constitute sales to the public for purposes of this
Section 13. Further, for purposes of this Section 13:
i) “ public” means any person other than an underwriter or a related party;
ii) “ underwriter” means ( A) any person that agrees pursuant to a written
contract with the City (or with the lead underwriter to form an underwriting syndicate) to
participate in the initial sale of the Bonds to the public and ( B) any person that agrees
pursuant to a written contract directly or indirectly with a person described in clause (A)
to participate in the initial sale of the Bonds to the public (including a member of a selling
group or a party to a third-party distribution agreement participating in the initial sale of
the Bonds to the public);
iii) a purchaser of any of the Bonds is a “ related party” to an underwriter if the
underwriter and the purchaser are subject, directly or indirectly, to (i) more than 50%
common ownership of the voting power or the total value of their stock, if both entities are
corporations (including direct ownership by one corporation of the other), (ii) more than
50% common ownership of their capital interests or profits interests, if both entities are
16
4904-0296-5427.2
partnerships ( including direct ownership by one partnership of another), or (iii) more than
50% common ownership of the value of the outstanding stock of the corporation or the
capital interests or profits interests of the partnership, as applicable, if one entity is a
corporation and the other entity is a partnership ( including direct ownership of the
applicable stock or interests by one party of the other); and
iv) “ sale date” means the date of execution of this Bond Purchase Agreement
by all parties.
14. Notices. Any notice or other communication to be given to the City under this
Bond Purchase Agreement may be given by delivering the same in writing to the Mayor at the
address set forth above, and any notice or other communication to be given to the Underwriter
under this Bond Purchase Agreement may be given by delivering the same in writing to Stephens
Inc., 111 Center Street, 23rd Floor, Little Rock, AR 72201, Attention: Public Finance.
15. Nonassignability. This Bond Purchase Agreement is made solely for the benefit
of the City and the Underwriter (including any successor or assign of the Underwriter), and no
other person, including any purchaser of the Bonds, shall acquire or have any right hereunder or
by virtue hereof.
16. Applicable Law. This Bond Purchase Agreement shall be governed by and
construed in accordance with the laws of the State of Arkansas.
17
4904-0296-5427.2
17. Counterparts. This Bond Purchase Agreement shall become effective upon your
acceptance hereof and may be executed in counterparts, each of which shall be regarded as an
original and all of which shall constitute one and the same document.
Very truly yours,
STEPHENS INC.
By:
Authorized Representative
Accepted and agreed to as of
the date first above written:
CITY OF FAYETTEVILLE, ARKANSAS
By:
Title: Mayor
18
4904-0296-5427.2
EXHIBIT A
MATURITY SCHEDULE
November 1)
Maturity( 1)
2027 $ % % %
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
Principal Interest
Amount Rate Yield Price
1) [ All maturities are General Rule maturities.]
2) [ Mandatory sinking fund redemption.]
A-1
4904-0296-5427.2
EXHIBIT B
FORM OF ISSUE PRICE CERTIFICATE
City of Fayetteville, Arkansas
Sales and Use Tax Capital Improvement and Refunding Bonds
Series 2026
The undersigned, as representative of Stephens Inc., as underwriter ( the “ Purchaser”) of
the above-captioned bonds (the “ Bonds”), hereby certifies as set forth below with respect to the
sale and issuance of the Bonds.
1. Sale of the General Rule Maturities. As of the date of this Certificate, for each
Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was
sold to the Public is the respective price listed in Schedule 1. [ All Maturities are General Rule
Maturities.]
2. Defined Terms.
a) General Rule Maturities means those Maturities of the Bonds listed in Schedule 1
hereto as the “ General Rule Maturities.”
b) Issuer means the City of Fayetteville, Arkansas.
c) Maturity means Bonds with the same credit and payment terms. Bonds with
different maturity dates, or Bonds with the same maturity date but different stated interest rates,
are treated as separate maturities.
d) Public means any person ( including an individual, trust, estate, partnership,
association, company, or corporation) other than an Underwriter or a Related Party (as such terms
are defined below) to an Underwriter.
e) A purchaser of any of the Bonds is a Related Party to any Underwriter if the
Underwriter and the purchaser are subject, directly or indirectly, to (i) at least 50% common
ownership of the voting power or the total value of their stock, if both entities are corporations
including direct ownership by one corporation of another), (ii)more than 50% common ownership
of their capital interests or profits interests, if both entities are partnerships ( including direct
ownership by one partnership of another), or (iii)more than 50% common ownership of the value
of the outstanding stock of the corporation or the capital interests or profit interests of the
partnership, as applicable, if one entity is a corporation and the other entity is a partnership
including direct ownership of the applicable stock or interests by one entity of the other).
f) Sale Date means the first day on which there is a binding contract in writing for the
sale of a Maturity of the Bonds. The Sale Date of the Bonds is __________,2026.
g) Underwriter means (i) any person that agrees pursuant to a written contract with
the Issuer ( or with the lead underwriter to form an underwriting syndicate) to participate in the
initial sale of the Bonds to the Public, and (ii)any person that agrees pursuant to a written contract
directly or indirectly with a person described in clause (i) of this paragraph to participate in the
B-1
4904-0296-5427.2
initial sale of the Bonds to the Public ( including a member of a selling group or a party to a retail
distribution agreement participating in the initial sale of the Bonds to the Public).
The representations set forth in this Certificate are limited to factual matters only. Nothing
in this Certificate represents the Purchaser’ s interpretation of any laws, including specifically
Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury
Regulations thereunder. The undersigned understands that the foregoing information will be relied
upon by the Issuer with respect to certain of the representations set forth in the Tax Compliance
Agreement and with respect to compliance with the federal income tax rules affecting the Bonds,
and by Kutak Rock LLP, Bond Counsel, in connection with rendering its opinion that the interest
on the Bonds is excluded from gross income for federal income tax purposes, the preparation of
the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give
to the Issuer from time to time relating to the Bonds.
STEPHENS INC.
By:_______________________________________
Title:
Dated: ___________, 2026
B-2
4904-0296-5427.2
SCHEDULE 1
SALE PRICES OF THE GENERAL RULE MATURITIES AND
INITIAL OFFERING PRICES OF THE HOLD-THE-OFFERING-PRICE MATURITIES
City of Fayetteville, Arkansas
Sales and Use Tax Capital Improvement and Refunding Bonds
Series 2026
November 1) Principal Interest
Maturity( 1) Amount Rate Yield Price
2027 $ % % %
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
1) [ All maturities are General Rule maturities.]
2) [ Mandatory sinking fund redemption.]
S-1-1
4904-0296-5427.2
SCHEDULE 2
PRICING WIRE OR EQUIVALENT COMMUNICATION
To be attached)
S-2-1
4904-0296-5427.2
EXHIBIT C
PROPOSED FORM OF BOND COUNSEL APPROVING OPINION
Upon delivery of the Bonds in definitive form, Kutak Rock LLP, Little Rock, Arkansas,
proposes to deliver its approving opinion in substantially the following form:
2026
City of Fayetteville, Arkansas
Fayetteville, Arkansas
Simmons Bank, as Trustee
Pine Bluff, Arkansas
Stephens Inc.
Little Rock, Arkansas
City of Fayetteville, Arkansas
Sales and Use Tax Capital Improvement and Refunding Bonds
Series 2026
Ladies and Gentlemen:
We have acted as bond counsel in connection with the issuance and sale by the City of
Fayetteville, Arkansas ( the “ City”), a political subdivision of the State of Arkansas, of its
Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2026 (the
Series 2026 Bonds”).
The Series 2026 Bonds are being issued pursuant to the provisions of the Constitution and
laws of the State of Arkansas, including, particularly, Amendment 62 and Arkansas Code
Annotated §§14-164-301 et seq. ( as from time to time amended, the “ Local Government Bonds
Act”), pursuant to Ordinance No. ____ of the City, duly adopted and approved on ________, 2026
the “ Authorizing Ordinance”), and pursuant to a Trust Indenture dated as of ________1, 2026
the “ Indenture”), by and between the City and Simmons Bank, as trustee ( the “ Trustee”).
Reference is hereby made to the Indenture and to all indentures supplemental thereto for the
provisions, among others, with respect to the conditions for the issuance of parity indebtedness by
the City, with respect to the nature and extent of the security for the Series 2026 Bonds, the rights,
duties and obligations of the City, the Trustee and the Holders of the Series 2026 Bonds, and the
terms upon which the Series 2026 Bonds are issued and secured.
At a special election held March 3, 2026, called in accordance with the Local Government
Bond Act pursuant to Ordinance No. 6920 of the City, adopted on October 21, 2025 (the “Election
Ordinance”), the issuance of the Series 2026 Bonds was approved by a majority of the qualified
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4904-0296-5427.2
electors of the City voting on each of the nine questions set forth on the ballot in the respective
principal amounts and for the specified purposes therein described.
Reference is made to an opinion of even date herewith of Kit Williams, Esq., City Attorney,
a copy of which is on file with the Trustee, with respect, among other matters, to the status and
valid existence of the City, the power of the City to adopt the Election Ordinance and the
Authorizing Ordinance and to enter into and perform its obligations under the Indenture, the valid
adoption of the Election Ordinance and the Authorizing Ordinance, and the due authorization,
execution and delivery of the Indenture by the City, and with respect to the Indenture being
enforceable upon the City.
We have examined the law and such certified proceedings and other papers as we have
deemed necessary to render this opinion. As to questions of fact material to our opinion, we have
relied upon the representations of the City contained in the Election Ordinance, the Authorizing
Ordinance and the Indenture and in the certified proceedings and other certifications of public
officials furnished to us, without undertaking to verify the same by independent investigation.
Based upon the foregoing, we are of the opinion, under existing law, as follows:
1. The City is duly created and validly existing as a municipal corporation of the State
of Arkansas. Pursuant to the Constitution and laws of the State of Arkansas, including,
particularly, Amendment 62 and the Local Government Bond Act, the City is empowered to adopt
the Election Ordinance and the Authorizing Ordinance, to execute and deliver the Indenture, to
perform the agreements on its part contained therein, and to issue the Series 2026 Bonds.
2. The Authorizing Ordinance has been duly adopted by the City and constitutes a
valid and binding obligation of the City enforceable upon the City in accordance with its terms.
3. The Indenture has been duly authorized, executed and delivered by the City and is
a valid and binding obligation of the City enforceable upon the City in accordance with its terms.
4. The Series 2026 Bonds are payable from and equally and ratably secured by a valid
lien on and pledge of the Trust Estate (as defined in the Indenture), including receipts of the 1.00%
Sales and Use Tax ( as defined in the Indenture), in the manner and to the extent provided in the
Indenture. The City is duly authorized to pledge such Trust Estate, and no further action on the
part of the City or any other party is required to perfect the same or the interest of the owners of
the Series 2026 Bonds therein.
5. The Sales and Use Tax has been validly adopted in accordance with the
Constitution and laws of the State of Arkansas, including Amendment 62 and the Local
Government Bond Act, and may be validly pledged to secure the Series 2026 Bonds. As provided
in the Local Government Bond Act, levy and collection of the Sales and Use Tax will commence
on and as of the date of expiration of the Prior Tax (as defined in the Election Ordinance).
6. Interest on the Series 2026 Bonds is excludable from gross income for federal
income tax purposes and is not a specific preference item for purposes of the federal alternative
minimum tax. The opinions described in the preceding sentences assume the accuracy of certain
representations and compliance by the City with covenants designed to satisfy the requirements of
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4904-0296-5427.2
the Internal Revenue Code of 1986, as amended ( the “ Code”), that must be met subsequent to the
issuance of the Series 2026 Bonds. Failure to comply with certain of such requirements could
cause interest on the Series 2026 Bonds to be included in gross income for federal income tax
purposes retroactive to the date of issuance of the Series 2026 Bonds. The City has covenanted to
comply with such requirements. We express no opinion regarding other federal tax consequences
arising with respect to the Series 2026 Bonds.
7. The interest on the Series 2026 Bonds is exempt from all state, county and
municipal taxes in the State of Arkansas.
8. The Series 2026 Bonds are exempt from registration pursuant to the Securities Act
of 1933, as amended, and the Indenture is not required to be qualified under the Trust Indenture
Act of 1939, as amended, in connection with the offer and sale of the Series 2026 Bonds.
It is to be understood that the rights of the registered owners of the Series 2026 Bonds and
the enforceability of the Series 2026 Bonds, the Authorizing Ordinance and the Indenture may be
subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting
creditors’ rights heretofore or hereafter enacted to the extent constitutionally applicable and that
their enforcement may also be subject to the exercise of judicial discretion in appropriate cases.
Very truly yours,
C-3
4904-0296-5427.2
EXHIBIT D
PROPOSED FORM OF BOND COUNSEL SUPPLEMENTAL OPINION
2026
City of Fayetteville, Arkansas
Fayetteville, Arkansas
Simmons Bank, as Trustee
Pine Bluff, Arkansas
Stephens Inc.
Little Rock, Arkansas
City of Fayetteville, Arkansas
Sales and Use Tax Capital Improvement and Refunding Bonds
Series 2026
Ladies and Gentlemen:
This opinion supplements our bond approving opinion, dated the date hereof, relating to
the above-captioned bonds ( the “ Series 2026 Bonds”). Except as otherwise defined herein, the
terms used herein shall have the meanings prescribed for them in said opinion.
We have examined the law and such certified proceedings and other papers as we have
deemed necessary to render this opinion. As to questions of fact material to our opinion, we have
relied upon the representations of the City contained in the Indenture and in the certified
proceedings and other certifications of public officials furnished to us, without undertaking to
verify the same by independent investigation.
In addition to the documents specifically mentioned in the approving opinion, in
connection with this opinion we have also examined:
a) An executed counterpart of the Bond Purchase Agreement dated
2026 ( the “ Bond Purchase Agreement”), by and between the City and
Stephens Inc., as underwriter (the “ Underwriter”);
b) An executed counterpart of the Continuing Disclosure Agreement dated
2026 (the “Disclosure Agreement”), by and between the City and Simmons
Bank, as dissemination agent (the “ Dissemination Agent”);
c) An executed counterpart of the Tax Compliance Agreement dated
2026 (the “ Tax Compliance Agreement”), by and between the City and the
Trustee;
D-1
4904-0296-5427.2
d) An executed counterpart of the Escrow Agreement dated __________, 2026
the “Escrow Agreement”), by and between the City and Simmons Bank, as escrow trustee
the “ Escrow Trustee”); and
e) The Official Statement dated __________, 2026, with respect to the Series
2026 Bonds ( the “ Official Statement”).
Based on our examination, we are of the opinion, as of the date hereof and under existing
law, as follows:
1. The Bond Purchase Agreement has been duly authorized, executed and
delivered by the City and, assuming due authorization, execution and delivery by the
Underwriter, the Bond Purchase Agreement constitutes the valid and binding agreement of
the City enforceable in accordance with its terms.
2. The Disclosure Agreement has been duly authorized, executed and
delivered by the City and, assuming due authorization, execution and delivery by the
Dissemination Agent, the Disclosure Agreement constitutes the valid and binding
agreement of the City enforceable in accordance with its terms.
3. The Tax Compliance Agreement has been duly authorized, executed and
delivered by the City and, assuming due authorization, execution and delivery by the
Trustee, the Tax Compliance Agreement constitutes the valid and binding agreement of the
City enforceable in accordance with its terms.
4. The Escrow Agreement has been duly authorized, executed and delivered
by the City and, assuming due authorization, execution and delivery by the Escrow Trustee,
the Escrow Agreement constitutes the valid and binding agreement of the City, enforceable
in accordance with its terms.
5. To the best of our knowledge, there is no litigation or other proceeding
pending or threatened in any court, agency or other administrative body ( either State or
Federal) which could have a material adverse effect on (a) the financial condition of the
City, (b) the ability of the City to perform its obligations under the Authorizing Ordinance,
the Indenture, the Bond Purchase Agreement, the Disclosure Agreement, the Tax
Compliance Agreement or the Escrow Agreement ( collectively, the “ Related
Documents”), ( c) the security for the Series 2026 Bonds, or ( d) the transactions
contemplated by the Related Documents.
6. Nothing has come to our attention which would cause us to believe that, as
of the date hereof, the Official Statement ( excluding financial and statistical data and
information which is contained or incorporated in the Official Statement, as to which no
view is expressed) contains any untrue statement of a material fact or omits to state any
material fact required to be stated therein or necessary to make the statements therein, in
the light of the circumstances under which they were made, not misleading.
The enforceability of the respective obligations of the parties to the documents and other
items described above, and the availability of certain rights and remedies provided for therein, may
D-2
4904-0296-5427.2
be limited by bankruptcy, receivership, insolvency, reorganization, moratorium, marshalling or
other similar statutes or rules of law affecting creditors' rights and remedies, to general principles
of equity and to the discretion of any court in granting any relief or issuing any order, whether the
proceeding is considered a proceeding at law or equity. In particular, the right to indemnification
under any of the documents or other items described above may be limited by federal of state
securities laws or by the public policy underlying such laws.
This opinion is being rendered to you solely for your use and benefit and may not be relied
upon in any manner, nor used, by any other person.
Very truly yours,
D-3
4904-0296-5427.2
KUTAK ROCK LLP
DRAFT 06/18/2026
CONTINUING DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement ( this “ Disclosure Agreement”) is executed and
delivered by the City of Fayetteville, Arkansas ( the “ City”) and Simmons Bank, Pine Bluff,
Arkansas, as dissemination agent (the “Dissemination Agent”), in connection with the issuance of
City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement and
Refunding Bonds, Series 2026 (the “ Bonds”). The Bonds are being issued pursuant to the terms
and provisions of Ordinance No. ____ duly approved by the City Council of the City on ________,
2026, and pursuant to the terms and provisions of a Trust Indenture dated as of ________1, 2026
the “ Indenture”), by and between the City and Simmons Bank, Pine Bluff, Arkansas, as trustee
the “ Trustee”). In connection with the issuance and delivery of the Bonds, the City and the
Dissemination Agent covenant and agree as follows:
Section 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being
executed and delivered by the City for the benefit of the Beneficial Owners of the Bonds and in
order to assist the Participating Underwriter in complying with, and constitutes the written
undertaking for the Beneficial Owners of the Bonds required by, SEC Rule 15c2-12(b)(5) (the
Rule”). The City is an “ obligated person” within the meaning of the Rule. The Dissemination
Agent shall have no liability with respect to the content of any disclosure provided hereunder, and
shall be liable only to the City for sending notices hereunder. As required by the Rule, this
Disclosure Agreement is enforceable by Beneficial Owners of the Bonds pursuant to Section 7
hereof.
Section 2. Definitions. In addition to the definitions set forth in the Indenture, which
apply to any capitalized term used in this Disclosure Agreement, the following capitalized terms
shall have the following meanings:
Annual Financial Information” means the financial information and operating data
described in Exhibit I.
Annual Financial Information Disclosure” means the dissemination of disclosure
concerning Annual Financial Information and the dissemination of the Audited Financial
Statements as set forth in Section 4.
Audited Financial Statements” means the audited consolidated financial statements of the
City, prepared pursuant to the standards and as described in Exhibit I.
Beneficial Owner” shall mean any person which ( a) has the power, directly or indirectly,
to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons
holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the
owner of any Bonds for federal income tax purposes.
Business Day” means any day other than a Saturday or Sunday or a day on which banks
in the State of Arkansas or in the state in which the Dissemination Agent is located are not open
for business.
Commission” means the U.S. Securities and Exchange Commission.
4935-7143-4419.2
Disclosure Representative” means the City’ s Chief Financial Officer, or his or her
designee, or such other person as the City shall designate in writing to the Dissemination Agent
from time to time.
Dissemination Agent” means Simmons Bank, Pine Bluff, Arkansas, acting in its capacity
as a dissemination agent hereunder, or any successor dissemination agent designated in writing by
the City and which has filed with the Trustee a written acceptance of such designation.
EMMA” means the Electronic Municipal Market Access facility for municipal securities
disclosure of the MSRB.
Exchange Act” means the Securities Exchange Act of 1934, as amended.
Financial Obligation” means a (i)debt obligation; (ii)derivative instrument entered into
in connection with, or pledged as a security or a source of payment for, an existing or planned debt
obligation; or (iii) a guarantee of (i) or (ii). The term Financial Obligation does not include
municipal securities as to which a final official statement has been otherwise provided to the
MSRB under the Rule.
Fiscal Year” means any period of twelve ( 12) consecutive months adopted by the City as
its fiscal year for financial reporting purpose. The Fiscal Year of the City presently ends on
December 31 of each year.
Listed Event” means the occurrence of any of the events with respect to the Bonds set
forth in Exhibit II.
Listed Events Disclosure” means dissemination of a notice of a Listed Event as set forth
in Section 5.
MSRB” shall mean the Municipal Securities Rulemaking Board established in accordance
with the provisions of Section 15B(b)(1) of the 1934 Act.
Participating Underwriter” means each broker, dealer or municipal securities dealer
acting as an underwriter in any primary offering of the Bonds.
Prescribed Form” means, with regard to the filing of Annual Financial Information,
Audited Financial Statements and notices of Listed Events with the MSRB at
www.emma.msrb.org (or such other address or addresses as the MSRB may from time to time
specify), such electronic format, accompanied by such identifying information, as shall have been
prescribed by the MSRB and which shall be in effect on the date of filing of such information.
Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange
Commission (“ SEC”) under the Exchange Act, as modified by Rule 15c2-12(d)(2), as the same
may be amended from time to time.
Sales and Use Tax” shall mean the one percent ( 1.00%) city-wide sales and use tax
authorized under the Local Government Bond Act which has been levied within the City pursuant
2
4935-7143-4419.2
to Ordinance No. 6920 adopted by the City on October 21, 2025, the collection of which tax will
commence as provided by State law, as approved by the voters of the City.
State” means the State of Arkansas.
Undertaking” means the obligations of the City pursuant to Sections 4 and 5.
Section 3. CUSIP Number/ Final Official Statement. The CUSIP Number of the final
maturity of the Bonds is 312673 ___. The final Official Statement relating to the Bonds is dated
2026 ( the “ Final Official Statement”).
Section 4. Annual Financial Information Disclosure. Subject to Section 9 of this
Disclosure Agreement, the City hereby covenants that it will disseminate, or will cause the
Dissemination Agent to disseminate, the Annual Financial Information and the Audited Financial
Statements ( in the form and by the dates set forth below and in Exhibit I)by delivering such Annual
Financial Information and the Audited Financial Statements to the MSRB within 180 days of the
completion of the City’ s Fiscal Year. Such information shall be delivered or caused to be delivered
in Prescribed Form and by such time so that such entity receives the information by the dates
specified.
Not later than five (5) Business Days prior to the date specified in the preceding paragraph
for providing the Annual Financial Information Disclosure to the MSRB, the City shall provide
such Annual Financial Information Disclosure to the Dissemination Agent. If by such date the
Dissemination Agent has not received a copy of the applicable Annual Financial Information
Disclosure, the Dissemination Agent shall contact the applicable Disclosure Representative to
determine if the City is in compliance with the preceding paragraph of this Section 4. If the
Dissemination Agent is unable to verify that the Annual Financial Information Disclosure has been
provided to the MSRB by the date required in the preceding paragraph, the Dissemination Agent
shall file a notice with the MSRB in substantially the form attached as Exhibit III hereto.
Contemporaneously with the filing by the Dissemination Agent of any Annual Financial
Information Disclosure with the MSRB, the Dissemination Agent shall give notice thereof to the
City and the Trustee ( if the Trustee is not the Dissemination Agent) certifying that such filing has
been made and the date on which it was filed.
If any part of the Annual Financial Information can no longer be generated because the
operations to which it is related have been materially changed or discontinued, the City will
disseminate or cause dissemination of a statement to such effect as part of its Annual Financial
Information for the Fiscal Year in which such event first occurs.
If any amendment is made to this Disclosure Agreement, the Annual Financial Information
for the Fiscal Year in which such amendment is made (or in any notice or supplement provided to
the MSRB) shall contain a narrative description of the reasons for such amendment and its impact
on the type of information being provided.
Section 5. Listed Events Disclosure. Subject to Section 9 of this Disclosure Agreement,
the City hereby covenants to disseminate or cause dissemination in a timely manner, not in excess
of ten (10) Business Days after the occurrence of the event, of Listed Events Disclosure to the
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4935-7143-4419.2
MSRB in Prescribed Form. Notwithstanding the foregoing, notice of optional or unscheduled
redemption of any Bonds need not be given under this Disclosure Agreement any earlier than the
notice ( if any) of such redemption is given to the owners of the Bonds pursuant to the Indenture.
The City is required to deliver or cause delivery of such Listed Events Disclosure in the same
manner as provided by Section 4 of this Disclosure Agreement.
Section 6. Duty to Update EMMA/MSRB. The Dissemination Agent shall determine,
in the manner it deems appropriate, whether there has occurred a change in the MSRB’ s e-mail
address or filing procedures and requirements under EMMA each time it is required to file
information with the MSRB.
Section 7. Consequences of Failure of the City to Provide Information. In the event
of a failure of the City to comply with any provision of this Disclosure Agreement, the Trustee
may (and at the request of a Participating Underwriter or the Beneficial Owners of at least 25% in
aggregate outstanding principal amount of the Bonds, and upon being indemnified to its
satisfaction, shall) or the Beneficial Owner of any Bond may seek specific performance by court
order to cause the City to comply with its obligations under this Disclosure Agreement. A default
under this Disclosure Agreement shall not be deemed an Event of Default under the Indenture or
any other agreement, and the sole remedy under this Disclosure Agreement in the event of any
failure of the City or the Dissemination Agent to comply with this Disclosure Agreement shall be
an action to compel performance.
Section 8. Amendments; Waiver. Notwithstanding any other provision of this
Disclosure Agreement, the City and the Dissemination Agent may amend this Disclosure
Agreement, and any provision of this Disclosure Agreement may be waived, if:
i) The amendment or waiver is made in connection with a change in
circumstances that arises from a change in legal requirements, change in law, or change in
the identity, nature or status of the City or the type of business it conducts;
ii) This Disclosure Agreement, as amended, or the provision, as waived, would
have complied with the requirements of the Rule at the time of the primary offering, after
taking into account any amendments or interpretations of the Rule, as well as any change
in circumstances;
iii) The amendment or waiver does not materially impair the interests of the
Beneficial Owners of the Bonds, as determined either by parties unaffiliated with the City
such as the Trustee) or by an approving vote of the Beneficial Owners of the Bonds holding
a majority of the aggregate principal amount of the Bonds (excluding Bonds held by or on
behalf of the City) pursuant to the terms of the Indenture at the time of the amendment; or
iv) The amendment or waiver is otherwise permitted by the Rule.
Section 9. Termination of Undertaking. The Undertaking of the City shall be terminated
hereunder when the City shall no longer have any legal liability for any obligation on or relating
to the repayment of the Bonds. The City shall give notice to the MSRB, or shall cause the
Dissemination Agent to give notice, in a timely manner and in Prescribed Form if this Section is
applicable.
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Section 10. Dissemination Agent. The City may, from time to time, appoint or engage
a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement,
and may discharge any such Dissemination Agent, with or without appointing a successor
Dissemination Agent. A Dissemination Agent shall not be responsible in any manner for the
content of any notice or report prepared by the City pursuant to this Disclosure Agreement and has
no duty to review the contents thereof. If at any time there is not any other designated
Dissemination Agent, the Trustee shall be the Dissemination Agent for the City.
Section 11. Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the City from disseminating any other information, using the means of
dissemination set forth in this Disclosure Agreement or any other means of communication, or
including any other information in any Annual Financial Information Disclosure or notice of
occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement.
If the City chooses to include any information from any document or notice of occurrence of a
Listed Event in addition to that which is specifically required by this Disclosure Agreement, the
City shall not have any obligation under this Disclosure Agreement to update such information or
include it in any future disclosure or notice of the occurrence of a Listed Event.
Section 12. Beneficiaries. This Disclosure Agreement has been executed in order to assist
the Participating Underwriter in complying with the Rule; however, this Disclosure Agreement
shall inure solely to the benefit of the City, the Dissemination Agent, if any, the Trustee and the
Beneficial Owners of the Bonds, and shall create no rights in any other person or entity.
Section 13. Recordkeeping. The City and the Dissemination Agent shall maintain records
of all Annual Financial Information Disclosure and Listed Events Disclosure, including the content
of such disclosure, the names of the entities with whom such disclosure was filed and the date of
filing such disclosure.
Section 14. Past Compliance. The City is a party to multiple prior undertakings pursuant
to the Rule. Except as set forth in the Final Official Statement for the Bonds under the caption
SUMMARY OF THE CONTINUING DISCLOSURE AGREEMENT,” the City has, to the best
of its knowledge, for the past five years, been in compliance in all material respects with the
provisions in such undertakings requiring that it file certain financial information and financial
statements and certain listed events with the MSRB.
Section 15. Duties, Immunities and Liabilities of Dissemination Agent. The
Dissemination Agent (if other than the Trustee or the Trustee in its capacity as Dissemination
Agent) shall have only such duties as are specifically set forth in this Disclosure Agreement, and
the City agrees to indemnify and save the Dissemination Agent, its officers, directors, employees
and agents, harmless against any losses, expenses and liabilities which it may incur arising out of
or in the exercise of performance of its powers and duties under this Disclosure Agreement,
including the costs and expenses (including attorneys’ fees and expenses) of defending against any
claim of liability, but excluding liabilities due to the Dissemination Agent’s gross negligence or
willful misconduct. Such indemnification obligation of the City shall survive resignation or
removal of the Dissemination Agent and payment of the Bonds.
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Section 16. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
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4935-7143-4419.2
Section 17. Governing Law. This Disclosure Agreement shall be governed by and
construed in accordance with the laws of the State, provided that to the extent this Disclosure
Agreement addresses matters of federal securities laws, including the Rule, this Disclosure
Agreement shall be construed in accordance with such federal securities laws and official
interpretations thereof.
Dated: _____________, 2026
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor
SIMMONS BANK,
as Dissemination Agent
By:
Title:
SIGNATURE PAGE TO CONTINUING DISCLOSURE AGREEMENT]
4935-7143-4419.2
EXHIBIT I
ANNUAL FINANCIAL INFORMATION AND TIMING AND AUDITED
FINANCIAL STATEMENTS
Annual Financial Information” means receipts of the Sales and Use Tax for the latest
Fiscal Year and for the four previous Fiscal Years.
All or a portion of the Annual Financial Information and the Audited Financial Statements
as set forth below may be included by reference to other documents which have been submitted to
the MSRB or filed with the Commission. The City shall clearly identify each such item of
information included by reference.
Annual Financial Information will be provided to the MSRB within 180 days after the last
day of the City’s Fiscal Year, commencing with the Fiscal Year ending December 31, 2026.
Audited Financial Statements as described below should be filed at the same time as the Annual
Financial Information. If Audited Financial Statements are not available when the Annual
Financial Information is filed, unaudited financial statements shall be included, and Audited
Financial Statements will be provided to the MSRB within ten ( 10) Business Days after
availability to the City.
Audited Financial Statements will be prepared in accordance with generally accepted
accounting principles in the United States as in effect from time to time, as such principles may be
modified by mandatory statutory principles of the State of Arkansas, if any, as in effect from time
to time.
If any change is made to the Annual Financial Information as permitted by Section 4 of the
Disclosure Agreement, including for this purpose a change made to the Fiscal Year-end of the
City, the City will disseminate a notice to the MSRB of such change in Prescribed Form as required
by such Section 4.
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EXHIBIT II
EVENTS WITH RESPECT TO THE BONDS FOR WHICH
LISTED EVENTS DISCLOSURE IS REQUIRED
1. Principal and interest payment delinquencies;
2. Nonpayment-related defaults, if material;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final
determinations of taxability, Notices of Proposed Issue ( IRS Form 5701-TEB) or other
material notices or determinations with respect to the tax status of the security, or other
material events affecting the tax status of the security;
7. Modifications to rights of security holders, if material;
8. Bond calls, if material, and tender offers;
9. Defeasances;
10. Release, substitution or sale of property securing repayment of the securities, if material;
11. Rating changes;
12. Bankruptcy, insolvency, receivership or similar event of the City;
13. The consummation of a merger, consolidation or acquisition involving the City or the sale
of all or substantially all of the assets of the City, other than in the ordinary course of
business, the entry into a definitive agreement to undertake such an action or the termination
of a definitive agreement relating to any such actions, other than pursuant to its terms, if
material;
14. Appointment of a successor or additional trustee or the change of name of a trustee, if
material;
This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or
similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or
federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or
business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or
officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having
supervision or jurisdiction over substantially all of the assets or business of the City.
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15. Incurrence of a Financial Obligation of the City, if material, or agreement to covenants,
events of default, remedies, priority rights, or other similar terms of a Financial Obligation
of the City, any of which affect security holders, if material; and
16. Default, event of acceleration, termination event, modification of terms, or similar events
under the terms of a Financial Obligation of the City, any of which reflect financial
difficulties.
II -2
4935-7143-4419.2
EXHIBIT III
NOTICE TO MUNICIPAL SECURITIES RULEMAKING BOARD OF
FAILURE TO FILE ANNUAL REPORT
Name of Issuer: City of Fayetteville, Arkansas
Name of Bond Issues: City of Fayetteville, Arkansas Sales and Use Tax Capital
Improvement and Refunding Bonds, Series 2026
Name of Obligated Party: City of Fayetteville, Arkansas
Date of Issuance: ____________, 2026
NOTICE IS HEREBY GIVEN that the City of Fayetteville, Arkansas (the “ Issuer”) has
not provided an Annual Report with respect to the above-named Bonds as required by Section 4
of the Continuing Disclosure Agreement between the Issuer and the undersigned dated
2026. The City anticipates that the Annual Report will be filed by _____________,
20__.
Dated: _________________, 20__
SIMMONS BANK,
Pine Bluff, Arkansas,
as Dissemination Agent
By:_________________________________
Authorized Officer
cc: City of Fayetteville
III -1
4935-7143-4419.2
KUTAK ROCK LLP
DRAFT 06/18/2026
ESCROW DEPOSIT AGREEMENT
THIS ESCROW DEPOSIT AGREEMENT ( this “ Agreement”) dated ___________,
2026, by and between the City of Fayetteville, Arkansas, a city of the first class organized and
existing under the laws of the State of Arkansas ( the “ Issuer”), and Simmons Bank, Pine Bluff,
Arkansas, a duly organized and existing banking corporation authorized to accept and execute
trusts of the character herein set forth under and by virtue of the laws of the State of Arkansas, as
escrow trustee for the hereinafter defined Prior Bonds (the “Escrow Trustee”).
W I T N E S S E T H:
WHEREAS, the Issuer has heretofore issued its $74,340,000 Sales and Use Tax Capital
Improvement Bonds, Series 2022, dated June 22, 2022, of which $__________ in aggregate
principal amount remains outstanding and is stated to mature serially on November 1 in each of
the years 20__ through 20__, inclusive ( the “ Series 2022 Bonds”); and
WHEREAS, the Issuer has heretofore issued its $15,000,000 Sales and Use Tax Capital
Improvement Bonds, Series 2024, dated October 15, 2024, of which $__________ in aggregate
principal amount remains outstanding and is stated to mature serially on November 1 in each of
the years 20__ through 20__, inclusive ( the “ Series 2024 Bonds,” and together with the Series
2022 Bonds, the “ Prior Bonds”); and
WHEREAS, the terms of and security for the Prior Bonds are prescribed by that certain
Trust Indenture dated as of August 1, 2019, as subsequently amended and supplemented (the “Prior
Bonds Indenture”), by and between the Issuer and Simmons Bank, Pine Bluff, Arkansas, as trustee
the “ Prior Bonds Trustee”); and
WHEREAS, the Issuer has authorized the issuance of $__________ aggregate principal
amount of its Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2026 (the
Series 2026 Bonds”), a portion of the proceeds of which are to be used, together with other
available funds, to refund all of the outstanding Prior Bonds; and
WHEREAS, the Issuer has made arrangements for deposit with the Escrow Trustee of
moneys and investment obligations derived from and purchased with (a) a portion of the sale
proceeds of the Series 2026 Bonds, and ( b) available moneys and investment obligations in the
bond fund established under the Prior Bonds Indenture and held by the Prior Bonds Trustee for the
benefit of the Series 2022 Bonds, which in the aggregate will provide sufficient immediately
available funds to enable the Escrow Trustee to pay the principal of and interest on the Series 2022
Bonds at maturity and upon redemption on November 1, 2026, as set forth on Schedule A-1 hereto;
and
WHEREAS, the Issuer has also made arrangements for deposit with the Escrow Trustee of
moneys derived from (a) a portion of the sale proceeds of the Series 2026 Bonds, and (b) available
moneys and investment obligations in the bond fund established under the Prior Bonds Indenture
and held by the Prior Bonds Trustee for the benefit of the Series 2024 Bonds, which in the
aggregate will provide sufficient immediately available funds to enable the Escrow Trustee to pay
the principal of and interest on the Series 2024 Bonds upon redemption on September __, 2026,
as set forth on Schedule A-2 hereto; and
4922-9420-3315.2
WHEREAS, the Issuer has entered into this Agreement with the Escrow Trustee in order
to ensure that the procedures required for discharging the Prior Bonds will be followed;
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter set forth, and in order to provide for the redemption of the Prior Bonds and to set forth
the obligations of the parties hereto, the parties hereto agree as follows:
Section 1. Establishment of Escrow Funds. There is hereby created and established
with the Escrow Trustee (a) a special, segregated and irrevocable escrow account designated “City
of Fayetteville, Arkansas – Series 2022 Sales and Use Tax Bonds Escrow Fund” ( the “ 2022 Escrow
Fund”), to be held in the custody of the Escrow Trustee as a trust fund for the benefit of the
registered owners of the Series 2022 Bonds and separate and apart from any other funds of the
Issuer and the Escrow Trustee, and ( b) a special, segregated and irrevocable escrow account
designated “ City of Fayetteville, Arkansas – Series 2024 Sales and Use Tax Bonds Escrow Fund”
the “ 2024 Escrow Fund”), to be held in the custody of the Escrow Trustee as a trust fund for the
benefit of the registered owners of the Series 2024 Bonds and separate and apart from any other
funds of the Issuer and the Escrow Trustee.
Section 2. Deposits to Escrow Funds. Simultaneously with the execution of this
Agreement, the Issuer has sold and delivered the Series 2026 Bonds.
a) From the proceeds of the sale of the Series 2026 Bonds, the Issuer has delivered to
the Escrow Trustee for deposit in the 2022 Escrow Fund immediately available moneys in the
amount of $_________. The Escrow Trustee, in its role as trustee for the Series 2022 Bonds, is
hereby directed to liquidate all investments in the bond fund established under the Prior Bonds
Indenture and held for the benefit of the Series 2022 Bonds ( viz., the sum of $_________), and to
transfer such moneys to the 2022 Escrow Fund. The Escrow Trustee has purchased, from and as
an investment of moneys in the 2022 Escrow Fund, at the prices indicated, the direct noncallable
obligations of the United States of America identified in Schedule B attached hereto ( the
Governmental Obligations”). Accordingly, the Escrow Trustee now holds ( or has the right to
receive principal and interest on) the Governmental Obligations and $_____ in uninvested cash in
the 2022 Escrow Fund.
b) From the proceeds of the sale of the Series 2026 Bonds, the Issuer has delivered to
the Escrow Trustee for deposit in the 2024 Escrow Fund immediately available moneys in the
amount of $_________.The Escrow Trustee, in its role as trustee for the Series 2024 Bonds, is
hereby directed to liquidate all investments in the bond fund established under the Prior Bonds
Indenture and held for the benefit of the Series 2024 Bonds (viz., the sum of $_________),and to
transfer such moneys to the 2024 Escrow Fund. Accordingly, the Escrow Trustee now holds
in uninvested cash in the 2024 Escrow Fund.
Section 3. Deposits to Escrow Funds Irrevocable. The deposits of the moneys and
Governmental Obligations noted in Section 2 in the 2022 Escrow Fund and the 2024 Escrow Fund
collectively, the “ Escrow Funds”) shall constitute an irrevocable deposit of said moneys and
Governmental Obligations exclusively for the benefit of the owners of the Prior Bonds, and such
moneys and Governmental Obligations shall be held in escrow and shall be applied solely to the
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payment of the principal of and interest on the Prior Bonds through and including their respective
redemption dates. Subject to the requirements set forth herein for the use of the Escrow Funds and
the moneys therein, the Issuer covenants and agrees that the Escrow Trustee shall have full and
complete control and authority over and with respect to the Escrow Funds and the moneys and
Governmental Obligations deposited therein.
Section 4. Use of Moneys. ( a) The Escrow Trustee shall apply the moneys and
Governmental Obligations deposited in the 2022 Escrow Fund, together with any interest or
income earned thereon, in accordance with the provisions hereof. The Escrow Trustee shall
withdraw from the 2022 Escrow Fund immediately available funds for application to the payment
of the principal of and interest on the Series 2022 Bonds in the amounts and at the times necessary
in accordance with Schedule A-1 attached hereto. Schedule C attached hereto shows the
availability and application of moneys in the 2022 Escrow Fund necessary to meet the
requirements set forth in Schedule A-1.
b) The Escrow Trustee shall apply the moneys deposited in the 2024 Escrow Fund in
accordance with the provisions hereof. The Escrow Trustee shall withdraw from the 2024 Escrow
Fund immediately available funds for application to the payment of the principal of and interest
on the Series 2024 Bonds in the amounts and at the times necessary in accordance with Schedule
A-2 attached hereto.
c) The Escrow Trustee shall not sell, transfer, otherwise dispose of or cause to be
redeemed prior to maturity, any Governmental Obligations in the 2022 Escrow Fund, except as
authorized by Section 5 hereof. The Escrow Trustee shall make no further investment or
reinvestment except as expressly authorized by Section 5. The liability of the Escrow Trustee for
the payment of the amounts to be paid hereunder shall be limited to the moneys available for such
purposes in the Escrow Funds. Subject to the provisions of Section 5 hereof, any amounts held as
cash in the Escrow Funds shall be held in cash without any investment thereof, not as a deposit
with any bank or other depository. The Escrow Trustee shall not have any duty with respect to
calculating or verifying the mathematical sufficiency of the moneys in the Escrow Funds to be
utilized to pay the principal of and interest on the Prior Bonds, as the same shall become due and
payable.
Section 5. Investment of 2022 Escrow Fund Moneys. ( a) The Escrow Trustee may
from time to time sell, cause the redemption of, or otherwise dispose of any Governmental
Obligations in the 2022 Escrow Fund upon the substitution of other direct or fully guaranteed and
noncallable obligations of the United States of America, provided:
1) The Escrow Trustee shall have previously obtained the opinion of an
independent certified public accountant that the substitution will not adversely affect the
availability of moneys in the 2022 Escrow Fund at times and in amounts sufficient to meet
the required payments on the Series 2022 Bonds provided in Schedule A-1 attached hereto;
and
2) The Escrow Trustee shall receive an unqualified opinion of recognized
attorneys in the field of tax-exempt municipal bonds to the effect that such substitution is
permitted pursuant to this Section 5 and, if such substitution had been reasonably expected
on the date of issuance of the Series 2026 Bonds, such substitution would not have caused
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4922-9420-3315.2
any of the Series 2026 Bonds to be “ arbitrage bonds” within the meaning of Section 148
of the Internal Revenue Code of 1986, as amended (the “ Code”), and the regulations of the
U.S. Treasury thereunder proposed or in effect at the time of such substitution and
applicable to obligations issued on the date of issuance of the Series 2026 Bonds, so as to
adversely affect the exemption from Federal income taxation of the interest on the Series
2022 Bonds or the Series 2026 Bonds; and
3) The Issuer shall have given the Escrow Trustee its written consent to the
substitution.
All substituted obligations shall become a part of the 2022 Escrow Fund and shall be
Governmental Obligations” for all purposes of this Agreement.
Section 6. Arbitrage Covenant. Notwithstanding any other provision of this
Agreement, the Issuer and the Escrow Trustee (to the extent within its control) hereby covenant
that no part of the proceeds of the moneys in the Escrow Funds shall be used, at any time, directly
or indirectly, in such a manner which, if such use had been reasonably anticipated on the date of
issuance of the Series 2026 Bonds, would have caused any of the Series 2026 Bonds to be an
arbitrage bond” under Section 148 of the Code and the regulations of the U.S. Treasury thereunder
proposed or in effect at the time of such use and applicable to obligations issued on the date of
issuance of the Series 2026 Bonds.
Section 7. Redemption and Defeasance. ( a) The Issuer hereby calls the Series 2022
Bonds for redemption prior to maturity on November 1, 2026. The instructions to the Escrow
Trustee to redeem the Series 2022 Bonds on November 1, 2026 are hereby declared to be
irrevocable. A notice of redemption, in the form attached hereto as Exhibit 1, should be delivered
to all registered owners of the Series 2022 Bonds not less than thirty ( 30) days prior to November
1, 2026. A notice of defeasance, in the form attached hereto as Exhibit 2, should be delivered to
all registered owners of the Series 2022 Bonds as soon as possible.
b) The Issuer hereby calls the Series 2024 Bonds for redemption prior to maturity on
September __, 2026. The instructions to the Escrow Trustee to redeem the Series 2024 Bonds on
September __, 2026 are hereby declared to be irrevocable. A conditional notice of redemption, in
the form attached hereto as Exhibit 3, has previously been delivered to all registered owners of the
Series 2024 Bonds.
Section 8. Remaining Moneys in Escrow Funds. Upon the retirement of the Prior
Bonds, any amounts remaining in the Escrow Funds shall be deposited in the bond fund for the
Series 2026 Bonds, free and clear of the trust created by the Prior Bonds Indenture and this
Agreement.
Section 9. Rights of Bondowners. (a) The escrow created hereby for the benefit of
the Series 2022 Bonds shall be irrevocable and the owners of the Series 2022 Bonds shall have a
beneficial interest and a first, prior and paramount lien and claim on all moneys in the 2022 Escrow
Fund until paid out, used and applied in accordance with this Agreement.
a) The escrow created hereby for the benefit of the Series 2024 Bonds shall be
irrevocable and the owners of the Series 2024 Bonds shall have a beneficial interest and a first,
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4922-9420-3315.2
prior and paramount lien and claim on all moneys in the 2024 Escrow Fund until paid out, used
and applied in accordance with this Agreement.
Section 10. Fees of Escrow Trustee. ( a) The Escrow Trustee acknowledges receipt of
as total compensation for its services under this Agreement and as the Prior Bonds
Trustee and paying agent under the Prior Bonds Indenture. The Escrow Trustee hereby
acknowledges that it shall have no lien whatsoever upon any moneys in the Escrow Funds for
payment of its fees and expenses. The Escrow Trustee agrees to remain in office until all of the
Prior Bonds have been retired.
b) Except to the extent arising from its gross negligence or willful misconduct, the
Escrow Trustee and its respective successors, assigns, agents and servants shall not be held to any
liability whatsoever, in tort, contract or otherwise, in connection with the execution and delivery
of this Agreement, the establishment of the Escrow Funds, the acceptance of the moneys deposited
therein, or by reason of any act, omission or error of the Escrow Trustee made in good faith in the
conduct of its duties.
c) The Escrow Trustee makes no representations or warranties as to whether the Escrow
Funds are adequate or sufficient to defease or redeem the Prior Bonds, and shall not be responsible
or liable for any inadequacy or insufficiency.
d) The Escrow Trustee shall be entitled to the immunities, powers, privileges and
protections set forth in the Prior Bonds Indenture for the benefit of the Prior Bonds Trustee as if
set forth herein in their entirety.
Section 11. Enforcement. The Issuer and the owners of the Prior Bonds shall have the
right to take all actions available under law or equity to enforce this Agreement or the terms hereof.
Section 12. Successors Bound. All covenants, promises and agreements in this
Agreement shall bind and inure to the benefit of the respective successors and assigns of the Issuer,
the Escrow Trustee and the owners of the Prior Bonds, whether so expressed or not.
Section 13. Arkansas Law Governing. This Agreement shall be governed by the
applicable laws of the State of Arkansas.
Section 14. Termination. This Agreement shall terminate when all of the Prior Bonds
have been paid as aforesaid and any remaining moneys have been transferred as provided in
Section 8 hereof.
Section 15. Severability. If any one or more of the covenants or agreements provided
in this Agreement on the part of the Issuer or the Escrow Trustee to be performed should be
determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement
shall be deemed and construed to be severable from the remaining covenants and agreements
herein contained and shall in no way affect the validity of the remaining provisions of this
Agreement.
Section 16. Counterparts. This Agreement may be executed in several counterparts, all
or any of which shall be regarded for all purposes as one original and shall constitute and be one
and the same instrument.
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Section 17. No Recourse Against Issuer Officers, Members, Council Members or
Employees. No recourse shall be had for the payment of the principal of, redemption premium or
interest on any of the Prior Bonds or for any claim based thereon or upon any obligation, covenant
or agreement in this Agreement contained against any past, present or future officer, Council
member or employee of the Issuer or of any rule of law or equity, statute or constitution or by the
enforcement of any assessment or penalty or otherwise, and all such liability of any such officers,
Council members or employees, as such, is hereby expressly waived and released as a condition
of and consideration for the execution of this Agreement.
Section 18. Notices. Unless otherwise provided, any notice, demand, direction, request
or other instrument authorized or required by this Agreement to be given to or filed with the Issuer
or the Escrow Trustee shall be in writing and shall be addressed as follows:
To the Issuer: City of Fayetteville, Arkansas
City Administrative Building
113 West Mountain
Fayetteville, Arkansas
Attention: Mayor
72701
To the Escrow Trustee: Simmons Bank
501 Main Street
Pine Bluff, Arkansas 71601
Attention: Mr. Mark Conine
6
4922-9420-3315.2
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed by their duly authorized officers as of the date first above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor
SIMMONS BANK, as Escrow Trustee
By:
Title:
SIGNATURE PAGE TO ESCROW DEPOSIT AGREEMENT]
4922-9420-3315.2
SCHEDULE A-1
REQUIREMENTS TO PAY AND REDEEM
THE SERIES 2022 BONDS
Payment Date
11-1-2026 $
Principal Due
$ $ --
Principal
Redeemed
$ $
Redemption
Premium Interest Due Total Due
SCHEDULE A-2
REQUIREMENTS TO PAY AND REDEEM
THE SERIES 2024 BONDS
Payment Date
09-__-2026 $
Principal Due
-0- $ $ --
Principal
Redeemed
$ $
Redemption
Premium Interest Due Total Due
A-1
4922-9420-3315.2
SCHEDULE B
DESCRIPTION OF GOVERNMENTAL OBLIGATIONS
IN 2022 ESCROW FUND
Maturity
Type Date Principal Amount Coupon Rate
United States Treasury Obligations -State and Local Government Series
B-1
4922-9420-3315.2
SCHEDULE C
SCHEDULE OF AVAILABILITY AND APPLICATION
OF 2022 ESCROW FUND
Period Ending
Cash Balance at
Beginning of Period
Receipts from
Governmental Obligations
Debt Service Requirement
to Retire Series 2022 and
Series 2024 Bonds
Cash Balance at
End of Period
C-1
4922-9420-3315.2
EXHIBIT 1
NOTICE OF REDEMPTION
City of Fayetteville, Arkansas
Sales and Use Tax Capital Improvement Bonds
Series 2022
NOTICE IS HEREBY GIVEN by Simmons Bank, Pine Bluff, Arkansas, the trustee ( the
Trustee”) for the Sales and Use Tax Capital Improvement Bonds, Series 2022, of the City of
Fayetteville, Arkansas (the “ City”), dated June 22, 2022 (the “ Bonds”), that all of the outstanding
Bonds are hereby called for redemption and prepayment on November 1, 2026.
The outstanding Bonds called for redemption mature, bear interest and have been assigned CUSIP
numbers as follows:
Maturity Date
November 1) Principal Amount Interest Rate CUSIP
312673 ___
312673 ___
312673 ___
Each of the Bonds so called for redemption and prepayment shall be redeemed and prepaid at a
redemption price of 100. 0% of the principal amount thereof plus accrued interest to the date of
redemption. The Bonds shall cease to bear interest as of November 1, 2026. The Bonds so called
for redemption shall be payable at the corporate trust office of the Trustee and shall be presented
as follows:
By U.S. Mail By Overnight or Courier Delivery
Simmons Bank Simmons Bank
P.O. Box 7009 501 Main Street
Pine Bluff, AR 71611 Pine Bluff, AR 71601
Attn: Mark Conine Attn: Mark Conine
CUSIP numbers are included solely for the convenience of the holder of the Bonds. Neither the
City nor the Trustee shall be responsible for the selection or use of any such CUSIP number nor is
any representation made as to its correctness on the Bonds or as indicated in any redemption notice.
Under the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2003 ( the
Act”), the Trustee may be obligated to withhold that percentage of the redemption price
designated in the Act for this current year from any Bondholder who has failed to furnish the
Trustee with a valid taxpayer identification number or a certification that such Bondholder is not
subject to backup withholding under the Act. Bondholders who wish to avoid the application of
those provisions should submit a completed IRS Form W-9 when presenting their Bonds.
1-1
4922-9420-3315.2
Dated this ____ day of __________,2026.
SIMMONS BANK, as Trustee
Instructions: Mail by first class mail, postage prepaid to the registered owner of each Bond to be
redeemed, addressed to such registered owner at the owner’ s registered address, and placed in the
mails no later than September 30, 2026.
1-2
4922-9420-3315.2
EXHIBIT 2
NOTICE OF DEFEASANCE
City of Fayetteville, Arkansas
Sales and Use Tax Capital Improvement Bonds
Series 2022
TO BE PROVIDED]
1-2
4922-9420-3315.2
EXHIBIT 3
CONDITIONAL NOTICE OF REDEMPTION
City of Fayetteville, Arkansas
Sales and Use Tax Capital Improvement Bonds
Series 2024
NOTICE IS HEREBY GIVEN by Simmons Bank, Pine Bluff, Arkansas, the trustee ( the
Trustee”) for the Sales and Use Tax Capital Improvement Bonds, Series 2024, of the City of
Fayetteville, Arkansas ( the “ City”), dated October 15, 2024 ( the “ Bonds”), that all of the
outstanding Bonds are hereby called for redemption and prepayment on September ___, 2026.
Such redemption is conditioned upon the Trustee having received from or on behalf of the City
and having on hand on September __, 2026, an amount sufficient to pay the redemption price of
the Bonds. If such an amount is not so received and on hand, the redemption described herein will
not occur, this notice shall be of no force or effect, and the holders of the Bonds shall be restored
to their former positions as though no such notice of redemption had been delivered.
The outstanding Bonds called for redemption mature, bear interest and have been assigned CUSIP
numbers as follows:
Maturity Date
November 1) Principal Amount Interest Rate CUSIP
312673 ___
Each of the Bonds so called for redemption and prepayment shall be redeemed and prepaid at a
redemption price of 100.0% of the principal amount thereof plus accrued interest to the date of
redemption. The Bonds shall cease to bear interest as of September ___, 2026. The Bonds so
called for redemption shall be payable at the corporate trust office of the Trustee and shall be
presented as follows:
By U.S. Mail By Overnight or Courier Delivery
Simmons Bank Simmons Bank
P.O. Box 7009 501 Main Street
Pine Bluff, AR 71611 Pine Bluff, AR 71601
Attn: Mark Conine Attn: Mark Conine
CUSIP numbers are included solely for the convenience of the holder of the Bonds. Neither the
City nor the Trustee shall be responsible for the selection or use of any such CUSIP number nor is
any representation made as to its correctness on the Bonds or as indicated in any redemption notice.
Under the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2003 ( the
Act”), the Trustee may be obligated to withhold that percentage of the redemption price
designated in the Act for this current year from any Bondholder who has failed to furnish the
Trustee with a valid taxpayer identification number or a certification that such Bondholder is not
subject to backup withholding under the Act. Bondholders who wish to avoid the application of
those provisions should submit a completed IRS Form W-9 when presenting their Bonds.
2-1
4922-9420-3315.2
Dated this ____day of __________,2026.
SIMMONS BANK, as Trustee
Instructions: Mail by first class mail, postage prepaid to the registered owner of each Bond to be
redeemed, addressed to such registered owner at the owner’ s registered address, and placed in the
mails no later than ___________, 2026.
2-2
4922-9420-3315.2
t n n i
e
n m o
i
t
e t
ca
it
dS s
l i
i u
c j
a r PRELIMINARY OFFICIAL STATEMENT DATED AUGUST ___,2026
i
f y
f
O n
a
ih
e n NEW ISSUE * RATING: S& P “_______” (______ outlook)t
e e
i m
s
BOOK-ENTRY ONLYt
i i r
u
c
t
h e
s
e In the opinion of Kutak Rock LLP, Bond Counsel, under existing laws, regulations, rulings and judicial decisions and assuming the t
o et s accuracy of certain representations and continuing compliance with certain covenants, interest on the Series 2026 Bonds ( including any
o
r e original issue discount properly allocable to the owner of a Series 2026 Bond) is excludable from gross income for federal income taxih
t
r
fp purposes and is not a specific preference item for purposes of the federal alternative minimum tax imposed on individuals. In Bond Counsel’ so d
e e
t l
p further opinion, under existing laws, regulations, rulings and judicial decisions, the Series 2026 Bonds and the interest thereon are exempta
e
c
c
s from all state, county and municipal taxes in the State of Arkansas. See the caption “ TAX MATTERS” herein.y
n
a
a
eb
e 171,500,000** b
eu
y
e CITY OF FAYETTEVILLE, ARKANSASbr
t t
o h SALES AND USE TAX CAPITAL IMPROVEMENT AND REFUNDING BONDS
l s l
a e
f h
r SERIES 2026
sf
ro Dated: Date of Delivery Due: November 1, as shown on inside front covero
a
y n
m y
u
o
n
b The Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2026 ( the “ Series 2026 Bonds”), are being issued by ther
o City of Fayetteville, Arkansas ( the “ City”) for the purpose of (i) redeeming certain outstanding indebtedness of the City, (ii) financing a
d t
l r
o e
s portion of the costs of various capital improvements in the City, and ( iii) paying certain expenses in connection with the issuance of thef
f
e o
b Series 2026 Bonds. See the captions “ ESTIMATED SOURCES AND USES OF FUNDS,” “ REFUNDING PROGRAM” and “ THE
n
a o n
n o
t PROJECTS” herein.f
o i
y t
a n c
i o dm The Series 2026 Bonds are issuable only as fully registered bonds and, when issued, will be registered in the name of Cede &i
t s
rt
i i u e
s a i Co., as nominee of The Depository Trust Company (“ DTC”), New York, New York, to which principal, premium, if any, and interest
t c j
r l h
i i payments on the Series 2026 Bonds will be made so long as Cede & Co. is the registered owner of the Series 2026 Bonds. Individual u o c
s
e s
s a
c u purchases of the Series 2026 Bonds will be made only in book-entry form, in denominations of $5,000 or integral multiples thereof.
r y
e
s o n
e l
Individual purchasers (“ Beneficial Owners”) of Series 2026 Bonds will not receive physical delivery of bond certificates. See thea
h l
e oT s
f caption “ BOOK-ENTRY ONLY SYSTEM” herein.
s
o wt t
r le
n a The Series 2026 Bonds shall bear interest from the date of their delivery, payable on May 1 and November 1 of each year,e
m f
e
s
ido
f commencing May 1, 2027. All such interest payments shall be payable to the persons in whose name such Series 2026 Bonds aret n i
e n r
a u
c registered on the bond registration books maintained by Simmons Bank, Pine Bluff, Arkansas as trustee ( the “ Trustee”), as of them
a e e
t s r u fifteenth day of the calendar month preceding the calendar month in which the applicable interest payment date falls. Principal of and
o t e
t n s t
o
i h
r
premium, if any, on the Series 2026 Bonds shall be payable at the principal corporate trust office of the Trustee. So long as DTC or
n
t o e i
e c d
l
its nominee is the registered owner of the Series 2026 Bonds, disbursement of such payments to DTC Participants is the responsibility
p t n
un m of DTC, and the disbursement of such payments to Beneficial Owners is the responsibility of DTC Participants or Indirecte
o n
c m
i
o Participants, as more fully described herein.e t
to a
t a ct
c i
l l
j
t S f
i
Pursuant to a Trust Indenture dated as of _________ 1, 2026 ( the “ Indenture”), between the City and the Trustee, the payment ofe
i
c
b
a
u
a
the principal of, premium, if any, and interest on the Series 2026 Bonds are equally and ratably secured by a pledge of the receiptsuqi
s f
f r
e oO from a one percent ( 1.00%) city-wide sales and use tax ( the “ Sales and Use Tax”). See the caption “ SECURITY FOR THE BONDS”r
a n
o n ir
i
y
t
herein. The Series 2026 Bonds are subject to optional and mandatory redemption prior to maturity as more fully described herein
a
n r ri t
e a under the caption “ THE SERIES 2026 BONDS -Redemption.”e shm i
i gdl
e r r
e e The Series 2026 Bonds are special obligations of the City secured by and payable solely from receipts of the Sales and Usen
i P o
a s t i r n
t Tax. The Series 2026 Bonds do not constitute an indebtedness of the City within the meaning of any constitutional or
h o o t i
c r
l
l p statutory debt limitation or restriction. The issuance of the Series 2026 Bonds shall not directly, indirectly or contingently
n a l
o h u
s f
obligate the City to levy or pledge any taxes whatsoever or to make any appropriation for the payment of the Series 2026i
t
sa w Bonds, except as described herein with respect to the Sales and Use Tax.ame
lcr n
f a u
no
tn s e The Series 2026 Bonds are offered when, as and if issued by the City and are subject to the final approving opinion of Kutaki bm
dhu
e
c
Rock LLP, Little Rock, Arkansas, Bond Counsel. Certain matters will be passed upon for the City by its counsel, Kit Williams, Esq.,lt
u
d r
oi
c City Attorney. It is expected that the Series 2026 Bonds will be available for delivery in New York, New York, on or aboutn w
n
o September __, 2026.
a
t en l
a
s e r
m e
rd
e ont
a U n
S o t
i
t
l
a m a
i
c
i
r
o
i
c
t
The date of this Official Statement is __________,2026.
iffl
f l o
O a s
i r
r e
a f
y
n
f
See the caption “ RATING” herein.
n i
n f Preliminary; subject to change.
i o
m e
d h
i c
l r u
r
e e
sv
P l
i h
e c
i d
s i
Th is wh
MATURITY SCHEDULE*
Maturity Principal Interest
November 1) Amount Rate Yield CUSIP**
2027 $ 4,565,000 % %
2028 5,790,000
2029 6,075,000
2030 6,380,000
2031 6,705,000
2032 7,040,000
2033 7,395,000
2034 7,765,000
2035 8,070,000
2036 8,395,000
5
47,045,000 ___% Terms Bonds due November 1, 2041 – Yield ____% CUSIP: __________**
56,275,000 ___% Terms Bonds due November 1, 2046 – Yield ____% CUSIP: __________**
Preliminary; subject to change.
CUSIP® is a registered trademark of the American Bankers Association. CUSIP data herein is provided by CUSIP
Global Services, managed on behalf of the American Bankers Association by FactSet Research Systems Inc. This data is not
intended to create a database and does not serve in any way as a substitute for CUSIP Global Services. CUSIP numbers have
been assigned by an independent company not affiliated with the City and are included solely for the convenience of the
registered owners of the Series 2026 Bonds. The City and the Underwriter are not responsible for the selection or uses of these
CUSIP numbers, and no representation is made as to their correctness by the City on the Series 2026 Bonds and by the
Underwriter on the Series 2026 Bonds or as included herein. The CUSIP number for a specific maturity is subject to being
changed after the issuance of the Series 2026 Bonds as a result of various subsequent actions including, but not limited to, a
refunding in whole or in part or as a result of the procurement of secondary market portfolio insurance or other similar
enhancement by investors that is applicable to all or a portion of certain maturities of the Series 2026 Bonds
CITY OF FAYETTEVILLE, ARKANSAS
Issuer
City Council
Molly Rawn, Mayor
Scott Berna
Sarah Bunch
D’ Andre Jones
Monique Jones
Sarah Moore
Robert Stafford
Teresa Turk
Mike Wiederkehr
Steven Dotson, Chief Financial Officer
Kara Paxton, City Clerk
Kit Williams, City Attorney
SIMMONS BANK
Pine Bluff, Arkansas
Trustee and Paying Agent
KUTAK ROCK LLP
Little Rock, Arkansas
Bond Counsel
STEPHENS INC.
Fayetteville, Arkansas
Underwriter
No dealer, broker, salesman or other person has been authorized by the City or by Stephens Inc. ( the
Underwriter”) to give any information or to make any representations, other than those contained herein; and, if
given or made, such other information or representations must not be relied upon as having been authorized by
either of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to
buy, nor shall there be any sale of any Series 2026 Bonds in any jurisdiction in which such offer is not authorized, or
in which the person making such offer, solicitation or sale is not qualified to do so, or to any person to whom it is
unlawful to make such offer, solicitation or sale. The information and expressions of opinion contained herein are
subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder
shall, under any circumstances, create any implication that there has been no change in the affairs of the City since
the date hereof.
THE SERIES 2026 BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF
1933, AS AMENDED, NOR HAS THE TRUST INDENTURE BEEN QUALIFIED UNDER THE TRUST
INDENTURE ACT OF 1939, AS AMENDED, IN RELIANCE UPON CERTAIN EXEMPTIONS FROM SUCH
REGISTRATION AND QUALIFICATION CONTAINED IN SUCH LAWS.
CERTAIN INFORMATION CONTAINED HEREIN HAS BEEN OBTAINED FROM THE CITY, THE
DEPOSITORY TRUST COMPANY AND OTHER SOURCES WHICH ARE BELIEVED TO BE RELIABLE.
THE UNDERWRITER HAS REVIEWED THE INFORMATION IN THIS OFFICIAL STATEMENT IN
ACCORDANCE WITH, AND AS PART OF, ITS RESPONSIBILITIES TO INVESTORS UNDER THE
FEDERAL SECURITIES LAWS AS APPLIED TO THE FACTS AND CIRCUMSTANCES OF THIS
TRANSACTION, BUT THE UNDERWRITER DOES NOT GUARANTY THE ACCURACY OR
COMPLETENESS OF SUCH INFORMATION.
IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVERALLOT OR EFFECT
TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 2026 BONDS
AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH
STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
TABLE OF CONTENTS
Page
Introductory Statement ........................................................................................................................................... 1
The Series 2026 Bonds ........................................................................................................................................... 2
Security for the Bonds ............................................................................................................................................ 5
Book-Entry Only System ....................................................................................................................................... 5
Refunding Program ................................................................................................................................................ 7
The Projects ............................................................................................................................................................ 8
Historical Sales and Use Tax Collections .............................................................................................................. 9
Estimated Sources and Uses of Funds .................................................................................................................... 10
Estimated Debt Service Requirements ................................................................................................................... 11
Estimated Debt Service Coverage .......................................................................................................................... 12
Projected Mandatory Redemptions ........................................................................................................................ 13
The City ..................................................................................................................................................................14
The Sales and Use Tax .............................................................................................................................................16
Summary of the Indenture ...................................................................................................................................... 17
Summary of the Continuing Disclosure Agreement .............................................................................................. 22
Underwriting ...........................................................................................................................................................25
Tax Matters .............................................................................................................................................................25
Rating ......................................................................................................................................................................29
Legal Matters ..........................................................................................................................................................30
Miscellaneous ......................................................................................................................................................... 30
Accuracy and Completeness of Official Statement ................................................................................................ 30
APPENDIX A -Form of Bond Counsel Opinion ..................................................................................................A-1
APPENDIX B -Definitions of Certain Terms .......................................................................................................B-1
APPENDIX C -The Sales and Use Tax ................................................................................................................C-1
OFFICIAL STATEMENT
171,500,000*
CITY OF FAYETTEVILLE, ARKANSAS
SALES AND USE TAX CAPITAL IMPROVEMENT AND REFUNDING BONDS
SERIES 2026
INTRODUCTORY STATEMENT
The following introductory statement is subject in all respects to the more complete information set forth in
this Official Statement. All descriptions and summaries of documents hereinafter set forth are qualified in their
entirety by reference to each such document. Capitalized terms not otherwise defined herein shall have the
meanings ascribed to such terms in “Appendix B --DEFINITIONS OF CERTAIN TERMS”.
This Official Statement, including the cover page and the Appendices hereto, is furnished in connection
with the offering by the City of Fayetteville, Arkansas ( the “ City”) of its Sales and Use Tax Capital Improvement
and Refunding Bonds, Series 2026, in the principal amount of $171,500,000* ( the “ Series 2026 Bonds”).
The City is a city of the first class organized and existing under the laws of the State of Arkansas ( the
State”). The City is authorized under Amendment 62 to the Constitution of the State (“ Amendment 62”) and
Arkansas Code Annotated §§14-164-301 et seq. ( as from time to time amended, the “ Act”), to issue and sell bonds
for the purpose of financing and refinancing the cost of capital improvements of a public nature.
The Series 2026 Bonds are to be issued by the City pursuant to Amendment 62, the Act and Ordinance No.
adopted and approved on _________, 2026 (the “ Authorizing Ordinance”). The Series 2026 Bonds are being
issued for the purpose of (i) defeasing and redeeming certain outstanding indebtedness of the City secured by sales
and use taxes, ( ii) financing all or a portion of the costs of certain water and wastewater system rehabilitation and
improvements, parks system and related improvements, an animal services facility and related improvements, trail
system and related improvements, streets and transportation-related improvements, a recycling drop-off facility and
a household hazardous waste facility and related improvements, an aquatics/recreation center and related
improvements, and a fire training facility and fire station construction and related improvements and the acquisition
of firefighting vehicles, equipment and apparatus, and (iii) paying certain expenses in connection with the issuance of
the Series 2026 Bonds. See the captions “ ESTIMATED SOURCES AND USES OF FUNDS,” “ REFUNDING
PROGRAM” and “ THE PROJECTS” herein.
The Series 2026 Bonds are not general obligations of the City, but are special obligations payable solely
from and secured by a pledge of the receipts of a special city-wide sales and use tax levied pursuant to the Act at the
rate of one percent ( 1.00%) ( the “ Sales and Use Tax”). The Series 2026 Bonds and any Additional Bonds
subsequently issued by the City pursuant to the Indenture ( defined below) will be secured on a parity basis. See the
captions “ THE SERIES 2026 BONDS – Additional Bonds,” “ SECURITY FOR THE BONDS,” “ HISTORICAL
SALES AND USE TAX COLLECTIONS,” and “ RATING” herein.
The faith and credit of the City are not pledged to the payment of the Series 2026 Bonds, and the
Series 2026 Bonds do not constitute an indebtedness of the City within the meaning of any constitutional or
statutory debt limitation or restriction. The issuance of the Series 2026 Bonds shall not directly, indirectly or
contingently obligate the City to levy or pledge any taxes whatsoever or to make any appropriation for the
payment of the Series 2026 Bonds, except as described herein with respect to the Sales and Use Tax.
The Series 2026 Bonds are subject to redemption from excess moneys in the Project Fund following
completion of the portions of the Projects to be financed with proceeds of the Series 2026 Bonds. The Series 2026
Bonds are subject to redemption from Surplus Tax Receipts. “ THE SERIES 2026 BONDS – Redemption” and
PROJECTED MANDATORY REDEMPTIONS” herein.
Preliminary; subject to change.
Pursuant to the provisions of a Continuing Disclosure Agreement dated as of the date of delivery of the
Series 2026 Bonds, by and between the City and Simmons Bank, Pine Bluff, Arkansas, as dissemination agent ( the
Continuing Disclosure Agreement”), the City has undertaken certain obligations with respect to providing ongoing
disclosure of certain financial and operating data concerning the City and the Sales and Use Tax and of the
occurrence of certain listed events. See the caption “ SUMMARY OF THE CONTINUING DISCLOSURE
AGREEMENT” herein.
This Official Statement contains brief descriptions or summaries of, among other matters, the City, the
Series 2026 Bonds, the Sales and Use Tax, the Continuing Disclosure Agreement, and the Trust Indenture dated as
of __________1, 2026, by and between the City and Simmons Bank, Pine Bluff, Arkansas, as trustee ( the
Trustee”), pursuant to which the Series 2026 Bonds are issued and secured. Such descriptions and information do
not purport to be comprehensive or definitive. All references herein to the Indenture and the Continuing Disclosure
Agreement are qualified in their entirety by reference to each such document, and all references to the Series 2026
Bonds are qualified in their entirety by reference to the definitive form thereof and the information with respect
thereto included in the Indenture. Copies of the Continuing Disclosure Agreement, the Indenture, and the form of
the Series 2026 Bonds included therein, are available from the City by writing to the attention of the Chief Financial
Officer, City of Fayetteville, City Administration Building, 113 West Mountain, Fayetteville, Arkansas 72701 and,
during the initial offering period only, from the Underwriter, Stephens Inc., 3425 North Futrall, Suite 201,
Fayetteville, Arkansas 72703. Certain financial and operating data has been provided by the City from the audited
records of the City and certain demographic information has been obtained from other sources which are believed to
be reliable.
THE SERIES 2026 BONDS
Description. The Series 2026 Bonds will be initially dated as of the date of their delivery, and will bear
interest payable semiannually on May 1 and November 1 of each year, commencing May 1, 2027, at the rates set
forth on the inside cover page hereof. The Series 2026 Bonds will mature on November 1 in the years and in the
principal amounts set forth on the inside cover page hereof.
The Series 2026 Bonds are issuable only in the form of fully registered bonds and, when issued, will be
registered in the name of Cede & Co., as nominee of The Depository Trust Company (“ DTC”), New York,
New York, to which principal, premium, if any, and interest payments on the Series 2026 Bonds will be made so
long as Cede & Co. is the registered owner of the Series 2026 Bonds. Individual purchases of the Series 2026
Bonds will be made only in book-entry form, in denominations of $5,000 or integral multiples thereof. Individual
purchasers (“ Beneficial Owners”) of Series 2026 Bonds will not receive physical delivery of bond certificates. See
the caption “ BOOK-ENTRY ONLY SYSTEM” herein.
All interest payments on the Series 2026 Bonds shall be payable to the persons in whose name such Series
2026 Bonds are registered on the bond registration books maintained by the Trustee, as of the fifteenth day of the
calendar month preceding the calendar month in which the applicable interest payment date falls. Principal of and
premium, if any, on the Series 2026 Bonds shall be payable at the principal corporate trust office of the Trustee. All
such payments shall be valid and effectual to satisfy and discharge the liability upon such Series 2026 Bond to the
extent of the sum or sums so paid. So long as DTC or its nominee is the registered owner of the Series 2026 Bonds,
disbursement of such payments to DTC Participants is the responsibility of DTC, and the disbursement of such
payments to Beneficial Owners is the responsibility of DTC Participants or Indirect Participants, as more fully
described herein.
Redemption. The Series 2026 Bonds are subject to redemption prior to maturity as follows:
i) The Series 2026 Bonds shall be redeemed prior to maturity, in whole or in part, on any
interest payment date, in inverse order of maturity and by lot in such manner as the Trustee shall determine
within a maturity, at a redemption price equal to 100% of the principal amount being redeemed, plus
accrued interest to the date of redemption, from Project Fund moneys in excess of the amount needed to
complete the Water/Wastewater System Project, the Parks System Project, the Animal Services Facility
Project, the Trails System Project, the Transportation System Project, the Sustainability Project, the
Aquatics/Recreation Center Project or the Fire Department Project.
ii) The Series 2026 Bonds shall be redeemed prior to maturity, in whole or in part, on any
interest payment date, in inverse order of maturity and by lot in such manner as the Trustee shall determine
within a maturity, at a redemption price equal to 100% of the principal amount being redeemed, plus
2
accrued interest to the date of redemption, from Surplus Tax Receipts. “ Surplus Tax Receipts” are Tax
Receipts in excess of the amount necessary ( a) to ensure the prompt payment of scheduled debt service on
the Series 2026 Bonds and Additional Bonds, (b) pay any arbitrage rebate due under Section 148(f) of the
Internal Revenue Code of 1986, as amended, with respect to the Series 2026 Bonds or any Additional
Bonds, and (c) pay Trustee and Paying Agent fees and expenses. While any of the Series 2026 Bonds are
Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series 2026 Bonds. See
the caption “ PROJECTED MANDATORY REDEMPTIONS” herein.
iii) The Series 2026 Bonds are subject to redemption with funds from any source, at the
option of the City, communicated in a written notice to the Trustee not less than sixty (60) days prior to the
date fixed for redemption, in whole or in part on any date on or after November 1, 2031, in such maturities
as shall be selected by the City and by lot in such manner as the Trustee shall determine within a maturity,
at a redemption price equal to 100% of the principal amount being redeemed plus accrued interest to the
date of redemption.
iv) The Series 2026 Bonds maturing on November 1, 2041 are subject to mandatory sinking
fund redemption prior to maturity in part, on November 1 in the years and principal amounts set forth
below at a redemption price equal to 100% of the principal amount being redeemed plus accrued interest to
the date of redemption.
Year Principal Amount*
2037 $ 8,730,000
2038 $ 9,055,000
2039 $ 9,390,000
2040 $ 9,750,000
2041 (maturity) $ 10,120,000
v) The Series 2026 Bonds maturing on November 1, 2046 are subject to mandatory sinking
fund redemption prior to maturity in part, on November 1 in the years and principal amounts set forth
below at a redemption price equal to 100% of the principal amount being redeemed plus accrued interest to
the date of redemption.
Year Principal Amount*
2042 $ 10,495,000
2043 $ 10,860,000
2044 $ 11,245,000
2045 $ 11,630,000
2046 (maturity) $ 12,045,000
Preliminary; subject to change.
At its option, to be exercised on or before the 45th day next preceding any mandatory sinking fund
redemption date for any Series 2026 Bonds maturing November 1, 2041 or 2046 (the “ Term Bonds”), the
City may deliver to the Trustee for cancellation Term Bonds of the appropriate maturity, or portions thereof
5,000 or any integral multiple thereof), in any aggregate principal amount desired. Each such Term
Bond, or portion thereof, so delivered or previously redeemed ( otherwise than through mandatory sinking
fund redemption) and cancelled by the Trustee shall be credited by the Trustee at 100% of the principal
amount thereof on the obligation of the City with respect to each such Term Bond on such mandatory
sinking fund redemption date, and any excess over such amount shall be credited on future mandatory
sinking fund redemption obligations with respect to such Term Bond in chronological order, and the
principal amount of the corresponding Term Bonds so to be redeemed shall be accordingly reduced.
In the case of any defeasance of the Series 2026 Bonds, the dates of redemption, the principal
amounts and the maturities of the Series 2026 Bonds to be redeemed will be determined by taking into
consideration the mandatory redemption requirements set forth above and the receipts of the Sales and Use
Tax for the most recent twelve months.
Partial Redemption of a Series 2026 Bond. If less than all of the Series 2026 Bonds of a maturity with a
series are called for redemption, the particular Series 2026 Bonds or portions of Series 2026 Bonds to be redeemed
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shall be selected by lot in such manner as the Trustee in its discretion may deem fair and appropriate. So long as
DTC or its nominee is the sole registered owner of the Series 2026 Bonds, the procedures established by DTC shall
control with respect to the selection of the particular Series 2026 Bonds to be redeemed.
Notice of Redemption. Notice of the call for any redemption, identifying the Series 2026 Bonds or portions
thereof being called and the date on which they shall be presented for payment, shall be mailed by the Trustee by
first class mail (or, so long as DTC or its nominee is the sole registered owner of the Series 2026 Bonds, by any
other means acceptable to DTC, including facsimile) to the registered owner of each such Series 2026 Bond
addressed to such registered owner at his registered address and placed in the mails not less than thirty (30) nor more
than sixty (60) days prior to the date fixed for redemption; provided, however, that failure to give such notice by
mailing, or any defect therein, shall not affect the validity of any proceeding for the redemption of any Series 2026
Bond with respect to which no such failure or defect has occurred.
Any notice mailed as provided above shall be conclusively presumed to have been duly given, whether or
not the registered owner receives the notice.
Additional Bonds. The City may issue from time to time one or more series of Additional Bonds for the
purpose of refunding the Series 2026 Bonds or any series of Additional Bonds, in whole or in part. Additional
Bonds shall be secured equally and ratably with the Series 2026 Bonds and any other series of Additional Bonds
theretofore issued and then Outstanding, except insofar any terms or conditions of redemption or purchase
established under the Indenture may afford additional benefit or security for the Bonds of any particular series and
except for the security afforded by any municipal bond insurance obtained with respect to a particular series of
Bonds.
Before any Additional Bonds are authenticated, there shall be delivered to the Trustee a certificate of the
City’ s Chief Financial Officer certifying that, based upon the most recent twelve ( 12) months of Sales and Use Tax
collections, receipts of the Sales and Use Tax were not less than 150% of the maximum Annual Debt Service on all
then Outstanding Bonds and Subordinate Obligations, plus the Additional Bonds then proposed to be issued.
Notwithstanding anything described above to the contrary, no Additional Bonds shall be issued unless there is no
default at the time of issuance under the Indenture.
Subordinate Obligations. Nothing in the Indenture shall prevent the City from authorizing and issuing
bonds, notes, bond anticipation notes, warrants, certificates or other obligations or evidences of indebtedness, the
payment of the principal of and premium, if any, and interest on which shall be made from receipts of the Sales and
Use Tax, provided payments from such Sales and Use Tax receipts, and the lien and charge on such Sales and Use
Tax receipts, shall be made junior and subordinate to the lien, pledge and charge created in the Indenture for the
security and payment of the Bonds and other payments under the Indenture.
Before any Subordinate Obligations are issued, there shall be delivered to the Trustee a Certificate of the
Chief Financial Officer of the City certifying that, based upon the most recent twelve ( 12) months of Sales and Use
Tax collections, (i)receipts of the Sales and Use Tax were not less than 100% of the maximum Annual Debt Service
on all then Outstanding Bonds and Subordinate Obligations, plus the Subordinate Obligations then proposed to be
issued. No Subordinate Obligations shall be issued unless there is no default at the time of issuance under the
Indenture.
Transfer or Exchange. The Series 2026 Bonds may be transferred on the books of registration kept by the
Trustee by the registered owner in person or by the owner’ s duly authorized attorney, upon surrender thereof,
together with a written instrument of transfer duly executed by the registered owner or the owner’ s duly authorized
attorney. Upon surrender for transfer of any Series 2026 Bond at the principal corporate office of the Trustee, the
City shall execute and the Trustee shall authenticate and deliver in the name of the transferee or transferees a new
Series 2026 Bond or Bonds of the same series and in the same aggregate principal amount and of any authorized
denomination or denominations.
Transfers of registration or exchanges of Series 2026 Bonds shall be without charge to the Holders of such
Series 2026 Bonds, but any taxes or other governmental charges required to be paid with respect to the same shall be
paid by the Holder of the Series 2026 Bond requesting such transfer or exchange as a condition precedent to the
exercise of such privilege.
The Trustee shall not be required to transfer or exchange any Series 2026 Bond during the period from and
including a Record Date to the next succeeding interest payment date of such Series 2026 Bond nor to transfer or
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exchange any Series 2026 Bond after the mailing of notice calling such Series 2026 Bond for redemption has been
made, and prior to such redemption.
So long as DTC or its nominee is the sole registered owner of the Series 2026 Bonds, transfers of beneficial
interests in the Series 2026 Bonds shall be in accordance with the rules and procedures of DTC and its direct and
indirect participants. See the caption “ BOOK-ENTRY ONLY SYSTEM” herein.
SECURITY FOR THE BONDS
General. The Series 2026 Bonds are special obligations of the City secured by and payable from the
receipts of a special city-wide sales and use tax levied pursuant to the Act at the rate of one percent ( 1.00%) ( the
Sales and Use Tax”). The Sales and Use Tax was levied under Ordinance No. 6920, duly adopted by the City
Council of the City on October 21, 2025 ( the “ Election Ordinance”). Pursuant to the Election Ordinance, a special
election was held on March 3, 2026, at which time the qualified electors of the City approved the issuance of
refunding bonds in principal amount not to exceed $ 40,000,000 and capital improvement bonds in aggregate
principal amount not to exceed $335,500,000 and the corresponding levy of the Sales and Use Tax. The receipts of
the Sales and Use Tax were pledged to secure the payment of Debt Service on the Series 2026 Bonds pursuant to
Ordinance No. ____, duly adopted by the City Council of the City on __________, 2026 ( the “ Authorizing
Ordinance”).
Pursuant to the terms of the Election Ordinance, the collection of the Sales and Use Tax will commence on
October 1, 2026/January 1, 2027], simultaneously with the termination of an existing one percent (1.00%) special
city-wide sales and use tax (the “ Existing Tax”). The Existing Tax was pledged to the payment of the Prior Bonds
which are being defeased and redeemed with a portion of the proceeds of the Series 2026 Bonds. See the captions
THE SALES AND USE TAX” and “ HISTORICAL SALES AND USE TAX COLLECTIONS” herein.
The Series 2026 Bonds do not constitute an indebtedness of the City within the meaning of any
constitutional or statutory debt limitation or restriction. The issuance of the Series 2026 Bonds shall not directly,
indirectly or contingently obligate the City to levy or pledge any taxes whatsoever or to make any appropriation for
the payment of the Series 2026 Bonds, except as described herein with respect to the Sales and Use Tax.
BOOK-ENTRY ONLY SYSTEM
The Series 2026 Bonds will be issued only as one fully registered Series 2026 Bond for each maturity in
each series, in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York
DTC”), as registered owner of all the Series 2026 Bonds. The fully registered Series 2026 Bonds will be retained
and immobilized in the custody of DTC.
DTC (or any successor securities depository) or its nominee will be considered by the City and the Trustee
to be the owner or holder of the Series 2026 Bonds for all purposes under the Indenture.
Owners of any book entry interests in the Series 2026 Bonds ( the “ book entry interest owners”) described
below, will not receive or have the right to receive physical delivery of the Series 2026 Bonds, and will not be
considered by the City and the Trustee to be, and will not have any rights as, owners or holders of the Series 2026
Bonds under the bond proceedings and the Indenture except to the extent, if any, expressly provided thereunder.
CERTAIN INFORMATION REGARDING DTC AND DIRECT PARTICIPANTS IS SET FORTH
BELOW. THIS INFORMATION HAS BEEN PROVIDED BY DTC. THE CITY, THE UNDERWRITER AND
BOND COUNSEL ASSUME NO RESPONSIBILITY FOR THE ACCURACY OF SUCH STATEMENTS.
DTC, the world’ s largest depository, is a limited-purpose trust company organized under the New York
Banking Law, a “ banking organization” within the meaning of the New York Banking Law, a member of the
Federal Reserve System, a “ clearing corporation” within the meaning of the New York Uniform Commercial Code,
and a “ clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of
1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues,
corporate and municipal debt issues and money market instruments ( from over 100 countries) that DTC’ s
participants (“ Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct
Participants of sales and other securities transactions in deposited securities, through electronic computerized book-
entry transfers and pledges among Direct Participants’ accounts. This eliminates the need for physical movement of
securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks,
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trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The
Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, the National
Securities Clearing Corporation and the Fixed Income Clearing Corporation, all of which are registered agencies.
DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such
as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies and clearing corporations that clear
through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect
Participants”). The DTC Rules applicable to its Direct and Indirect Participants are on file with the Securities and
Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.org.
Purchases of Series 2026 Bonds under the DTC system must be made by or through Direct Participants,
which will receive a credit for the Series 2026 Bonds on DTC’s records. The ownership interest of each actual
purchaser of each Series 2026 Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect
Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but
Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as
periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner
entered into the transaction. Transfers of ownership interests in the Series 2026 Bonds are to be accomplished by
entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial
Owners will not receive certificates representing their ownership interests in Series 2026 Bonds, except in the event
that use of the Book-Entry System for the Series 2026 Bonds is discontinued.
To facilitate subsequent transfers, all Series 2026 Bonds deposited by Direct Participants with DTC are
registered in the name of DTC’s partnership nominee, Cede & Co. or such other name as may be requested by an
authorized representative of DTC. The deposit of Series 2026 Bonds with DTC and their registration in the name of
Cede & Co. or such other nominee do not effect any change in beneficial ownership. DTC has no knowledge of the
actual Beneficial Owners of the Series 2026 Bonds; DTC’s records reflect only the identity of the Direct Participants
to whose accounts such Series 2026 Bonds are credited, which may or may not be the Beneficial Owners. The
Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their
customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to
Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by
arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to
time. Redemption notices shall be sent to DTC. If less than all of the Series 2026 Bonds within a maturity of a
series are to be redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant
in such maturity to be redeemed.
Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect to the Series
2026 Bonds unless authorized by a Direct Participant in accordance with DTC’s Procedures. Under its usual
procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the Record Date. The Omnibus
Proxy will assign Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts the Series
2026 Bonds are credited on the Record Date (identified in a listing attached to the Omnibus Proxy).
Payment of debt service and redemption proceeds with respect to the Series 2026 Bonds will be made to
Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is
to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the
City or the Trustee on payable date in accordance with their respective holdings shown on DTC’s records.
Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices,
as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and
will be the responsibility of such Participant and not of DTC, the Trustee or the City, subject to any statutory or
regulatory requirements as may be in effect from time to time. Payment of redemption proceeds and debt service to
Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the
responsibility of the City or the Trustee, disbursement of such payments to Direct Participants will be the
responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of
Direct and Indirect Participants.
BENEFICIAL OWNERS SHOULD CONSULT WITH THE DIRECT PARTICIPANTS OR INDIRECT
PARTICIPANTS FROM WHOM THEY PURCHASE A BOOK ENTRY INTEREST TO OBTAIN
INFORMATION CONCERNING THE SYSTEM MAINTAINED BY SUCH DIRECT PARTICIPANTS OR
INDIRECT PARTICIPANTS TO RECORD SUCH INTERESTS, TO MAKE PAYMENTS, TO FORWARD
NOTICES OF REDEMPTION AND OF OTHER INFORMATION.
THE CITY AND THE TRUSTEE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ASPECTS
OF THE RECORDS OR NOTICES RELATING TO, OR PAYMENTS MADE ON ACCOUNT OF, BOOK
ENTRY INTEREST OWNERSHIP, OR FOR MAINTAINING, SUPERVISING OR REVIEWING ANY
RECORDS RELATING TO THAT OWNERSHIP.
The Trustee and the City, so long as a book entry method of recording and transferring interest in the Series
2026 Bonds is used, will send any notice of redemption or of any Indenture amendment or supplement or other
notices to Bondholders under the Indenture only to DTC (or any successor securities depository) or its nominee.
Any failure of DTC to advise any Direct Participants, or of any Direct Participants or Indirect Participants to notify
any Beneficial Owner, of any such notice and its content or effect will not affect the validity of the redemption of
the Series 2026 Bonds called for redemption, the Indenture amendment or supplement, or any other action premised
on notice given under the Indenture.
The City and the Trustee cannot and do not give any assurances that DTC, Direct Participants, Indirect
Participants or others will distribute payments of debt service on the Series 2026 Bonds made to DTC or its nominee
as the registered owner of the Series 2026 Bonds, or any redemption or other notices, to the Beneficial Owners, or
that they will do so on a timely basis, or that DTC will serve and act in a manner described in this Official
Statement.
DTC may discontinue providing its services as securities depository with respect to the Series 2026 Bonds
at any time by giving reasonable notice to the City or the Trustee. Under such circumstances, in the event that a
successor securities depository is not obtained, bond certificates are required to be printed and delivered.
In addition, the City may decide to discontinue use of the system of book-entry transfers through DTC (or a
successor securities depository). In that event, bond certificates will be printed and delivered.
REFUNDING PROGRAM
A portion of the proceeds of the Series 2026 Bonds will be used, along with other available moneys, to
accomplish a current refunding of (i) the remaining $28,470,000 outstanding principal amount of the City’s Sales
and Use Tax Capital Improvement Bonds, Series 2022 ( the “ Series 2022 Bonds”), and ( ii) the remaining
15,000,000 outstanding principal amount of the City’s Sales and Use Tax Capital Improvement Bonds, Series 2024
the “ Series 2024 Bonds,” and collectively with the Series 2022 Bonds, the “ Prior Bonds”). The Prior Bonds were
secured by receipts of the Existing Tax and were issued to finance various capital improvements within the City,
including (i) right-of-way acquisition and the design, construction, reconstruction, repair, resurfacing, straightening
and width modification of certain streets and related improvements, ( ii) the acquisition, design, construction and
equipping of certain City regional park and other parks system improvements, ( iii) trail system improvements, ( iv)
the design, construction, reconstruction, repair, retrofitting, extension, enlargement and equipping of certain
drainage facilities, (v) the renovation and refurbishing of certain City buildings and grounds, (vi) the acquisition,
design, construction and equipping of certain Cultural Arts Corridor improvements, and (vii) fire station design and
construction.
Upon the delivery of the Series 2026 Bonds, a portion of the proceeds thereof will be deposited with
Simmons Bank, Pine Bluff, Arkansas, as escrow trustee ( the “ Escrow Trustee”), under an irrevocable Escrow
Deposit Agreement (the “Escrow Agreement”), between the City and the Escrow Trustee. A portion of the proceeds
derived from the Series 2026 Bonds and moneys transferred from the bond fund relating to the Series 2022 Bonds
will be invested in United States Treasury obligations or held as uninvested cash by the Escrow Trustee under the
Escrow Agreement in trust for the holders of the Series 2022 Bonds, and will be sufficient to pay the principal,
premium, and interest due on the Series 2022 Bonds when redeemed on November 1, 2026. A portion of the
proceeds derived from the Series 2026 Bonds and moneys transferred from the bond fund relating to the Series 2024
Bonds will be held as uninvested cash by the Escrow Trustee under the Escrow Agreement in trust for the holders of
the Series 2024 Bonds, and will be sufficient to pay the principal, premium, and interest due on the Series 2024
Bonds when redeemed on September __, 2026. Amounts and United States Treasury obligations held by the Escrow
Trustee will be irrevocably pledged for the benefit of the holders of the Prior Bonds. After such deposit, the Prior
Bonds will no longer be deemed to be outstanding and will be secured solely by the United States Treasury
Obligations and cash held by the Escrow Trustee. See the caption “ ESTIMATED SOURCES AND USES OF
FUNDS” herein.
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THE PROJECTS
Water/Wastewater System Project. Approximately $__________* of the proceeds of the Series 2026
Bonds will be deposited into the Water/Wastewater System Project Account of the Project Fund to finance all or a
portion of the costs of various repairs to and the rehabilitation of the City’s water system and all or a portion of the
costs of upgrades to and the rehabilitation of the City’s Noland Wastewater Treatment Plant (the “ Water/Wastewater
System Project”).
Parks System Project. Approximately $__________* of the proceeds of the Series 2026 Bonds will be
deposited into the Parks System Project Account of the Project Fund to finance all or a portion of the costs of the
design, construction and equipping of various City parks system improvements, which may include land acquisition,
the addition and/or renovation of athletic fields, concession facilities, restrooms and playgrounds, which may
include other ancillary improvements such as street and utility extensions and improvements, fencing, lighting,
shade structures, landscaping and parking (the “ Parks System Project”).
Animal Services Facility Project. Approximately $__________* of the proceeds of the Series 2026
Bonds will be deposited into the Animal Services Facility Project Account of the Project Fund to finance all or a
portion of the costs of the design, construction and equipping of an animal services facility, which may include land
acquisition and other ancillary improvements such as community meeting rooms, recycling facilities, street and
utility extensions and improvements, landscaping and parking (the “ Animal Services Facility Project”).
Trails System Project. Approximately $_________* of the proceeds of the Series 2026 Bonds will be
deposited into the Trails System Project Account of the Project Fund to finance all or a portion of the costs of
design, construction, reconstruction, extension, resurfacing and equipping of certain City trail system improvements,
which may include related pedestrian signal, lighting, landscaping, drainage and safety improvements, right-of-way
acquisition and utility extension and relocation (the “ Trails System Project”).
Transportation System Project. Approximately $_________* of the proceeds of the Series 2026 Bonds
will be deposited into the Transportation System Project Account of the Project Fund to finance all or a portion of
the costs of right-of-way acquisition, planning, design, construction, reconstruction, repair, resurfacing, straightening
and width modification of certain City streets, which may include related program management services, utility
extension and relocation, bridges, bicycle lanes, traffic signal and control, lighting, curbing, guttering, landscaping,
drainage and safety improvements and curbside pedestrian infrastructure such as sidewalks, bus pickup structures and
concrete waiting pads (the “Transportation System Project”).
Sustainability Project. Approximately $_________* of the proceeds of the Series 2026 Bonds will be
deposited into the Sustainability Project Account of the Project Fund to finance all or a portion of the costs of land
acquisition, design, construction and equipping of a Recycling Drop-Off Facility and a Household Hazardous Waste
Facility, which may include other ancillary improvements such as street and utility extensions and improvements,
landscaping and parking (the “ Sustainability Project”).
Aquatics/Recreation Center Project. Approximately $__________* of the proceeds of the Series 2026
Bonds will be deposited into the Aquatics/Recreation Center Project Account of the Project Fund to finance all or a
portion of the costs of land acquisition, design, construction and equipping of an Aquatics/Recreation Center, which
may include aquatic features such as indoor and/or outdoor pools and other auxiliary water features, recreational and
sports facilities, multi-purpose rooms and offices, and which may also include other ancillary improvements such as
street and utility extensions and improvements, landscaping and parking (the “Aquatics/Recreation Center Project”).
Fire Department Project. Approximately $__________* of the proceeds of the Series 2026 Bonds will be
deposited into the Fire Department Project Account of the Project Fund to finance all or a portion of the costs of the
design, construction and equipping of a Fire Training Facility to be located on City-owned land at 2515 E. Borick
Drive, land acquisition, design, construction and equipping of a Northwest Fire Station to be located in the
northwestern quadrant of the City, and acquisition of firefighting vehicles, equipment and apparatus, and which may
include other ancillary improvements such as street and utility extensions and improvements, landscaping and
parking (the “ Fire Department Project”).
Preliminary; subject to change.
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HISTORICAL SALES AND USE TAX COLLECTIONS
Pursuant to the terms of the Election Ordinance and State law, the collection of the 1.00% Sales and Use
Tax will commence on [October 1, 2026/January 1, 2027]. At such time, an existing one percent (1.00%) special
city-wide sales and use tax ( the “ Existing Tax”) which was pledged to the payment of the Prior Bonds will
simultaneously terminate. Prior to the levy of the Existing Tax, a three-quarters of one percent (0.75%) special city-
wide sales and use tax and a one-quarter of one percent (0.25%) special city-wide sales and use tax (collectively, the
Prior Tax”) were pledged to the payment of prior sales and use tax bonds. The Prior Tax was simultaneously
terminated with the levy of the Existing Tax. Set forth below is a table showing historical receipts of the Prior Tax
and the Existing Tax. Collections of the Existing Tax received by the City in the most recent twelve-month period
1, 2025 through __________, 2026) were $_________, a ____% [ increase][ decrease] over the amount
of collections from the Existing Tax received by the City during the previous twelve-month period (__________ 1,
2024 to ____________,2025).
Historical Historical Historical Combined
Collections of Collections of Collections of Collections of Sales Growth
Year(1) 0.25% Prior Tax 0.75% Prior Tax Existing Tax and Use Taxes Percentage
2009 $ 3,927,564 $ 11,782,692 n/a $ 15,710,256 n/a
2010 3,917,717 11,753,150 n/a 15,670,867 -0.25%
2011 4,129,686 12,389,060 n/a 16,518,746 5.41%
2012 4,389,519 13,168,559 n/a 17,558,078 6.29%
2013 4,513,873 13,541,618 n/a 18,055,491 2.83%
2014 4,604,085 13,812,257 n/a 18,416,342 2.00%
2015 4,950,155 14,850,464 n/a 19,800,619 7.52%
2016 5,161,048 15,483,143 n/a 20,644,191 4.26%
2017 5,324,281 15,972,843 n/a 21,297,124 3.16%
2018 5,576,368 16,729,104 n/a 22,305,472 4.73%
2019(3) n/a n/a n/a 23,414,516(2) 4.97%
2020(3) n/a n/a 23,759,681 23,759,681 1.47%
2021(3) n/a n/a 27,530,298 27,530,298 15.87%
2022(3) n/a n/a 30,142,529 30,142,529 9.49%
2023(3) n/a n/a 31,790,727 31,790,727 5.47%
2024(3) n/a n/a 32,365,993 32,365,993 1.81%
2025(3) n/a n/a 33,757,720 33,757,720 4.30%
1) Sales and use tax receipts are remitted by the Treasurer of the State of Arkansas to the City in the second month following
the month of their collection.
2) Combined collections of the Prior Tax for the nine months ended September 30, 2019 and the Existing Tax for the three
months ended December 31, 2019.
3) Act 822 of 2019 went into effect on July 1, 2019, and provides for the collection of sales and use taxes by remote sellers to
Arkansas buyers.
Source: City of Fayetteville
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ESTIMATED SOURCES AND USES OF FUNDS
The proceeds of the Series 2026 Bonds are expected to be used as follows:
Sources of Funds(1)
Par Amount of Series 2026 Bonds $ 171,500,000
Net Original Issue Premium (Discount)
Total Sources: $
Uses of Funds(1)
Deposit to Escrow Fund for the Prior Bonds $__________
Deposit to Water/Wastewater System Project Account of Project Fund
Deposit to Parks System Project Account of Project Fund
Deposit to Animal Services Facility Project Account of Project Fund
Deposit to Trail System Project Account of Project Fund
Deposit to Transportation System Project Account of Project Fund
Deposit to Sustainability Project Account of Project Fund
Deposit to Aquatics/Recreation Center Project Account of Project Fund
Deposit to Fire Department Project Account of Project Fund
Costs of Issuance, including Underwriter’ s Discount
Contingency
Total Uses: $
1) Preliminary; subject to change.
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ESTIMATED DEBT SERVICE REQUIREMENTS
As of the date of closing, the Series 2026 Bonds will constitute the only debt obligations secured by
receipts of the Sales and Use Tax. The following table sets forth the amounts required to pay scheduled principal of
and interest on the Series 2026 Bonds during each year:
Series 2026 Series 2026 Total Debt
Year Principal(1) Interest(2) Service(2)
2027 $ 4,565,000.00 $ 7,897,253.18 $ 12,462,253.18
2028 5,790,000.00 6,672,262.50 12,462,262.50
2029 6,075,000.00 6,382,762.50 12,457,762.50
2030 6,380,000.00 6,079,012.50 12,459,012.50
2031 6,705,000.00 5,760,012.50 12,465,012.50
2032 7,040,000.00 5,424,762.50 12,464,762.50
2033 7,395,000.00 5,072,762.50 12,467,762.50
2034 7,765,000.00 4,703,012.50 12,468,012.50
2035 8,070,000.00 4,392,412.50 12,462,412.50
2036 8,395,000.00 4,069,612.50 12,464,612.50
2037 8,730,000.00 3,733,812.50 12,463,812.50
2038 9,055,000.00 3,406,437.50 12,461,437.50
2039 9,390,000.00 3,066,875.00 12,456,875.00
2040 9,750,000.00 2,714,750.00 12,464,750.00
2041 10,120,000.00 2,349,125.00 12,469,125.00
2042 10,495,000.00 1,969,625.00 12,464,625.00
2043 10,860,000.00 1,602,300.00 12,462,300.00
2044 11,245,000.00 1,222,200.00 12,467,200.00
2045 11,630,000.00 828,625.00 12,458,625.00
2046 12,045,000.00 421,575.00 12,466,575.00
Totals: $ 171,500,000.00 $ 77,769,190.68 $ 249,269,190.68
1) Preliminary; subject to change. Including mandatory sinking fund redemptions.
2) Preliminary; subject to change. Assuming for purposes of this Preliminary Official Statement an average coupon rate
on the Series 2026 Bonds of 3.770% per annum.
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ESTIMATED DEBT SERVICE COVERAGE
Set forth below is a table showing estimated debt service coverage with respect to the Series 2026 Bonds.
Collections of the Existing Tax received during the twelve-month period ended _____________, 2026 were utilized
for the purpose of making the coverage calculations. See the caption “ HISTORICAL SALES AND USE TAX
COLLECTIONS” herein.
Historical Tax Receipts of Existing Tax(1) $_________
Maximum Annual Debt Service (2) $ 12,469,125.00
Maximum Annual Debt Service Coverage ____ X
1) Actual collections of the Existing Tax received during the last twelve-month period ending __________, 2026. See the
caption “ HISTORICAL SALES AND USE TAX COLLECTIONS” herein.
2) Preliminary; subject to change, and representing debt service on the Series 2026 Bonds in 2041. See the caption
ESTIMATED DEBT SERVICE REQUIREMENTS” herein.
THE COVERAGE NUMBERS SET FORTH ABOVE ARE BASED ON HISTORICAL RECEIPTS OF THE
EXISTING TAX. ACTUAL RECEIPTS OF THE SALES AND USE TAX WILL DEPEND ON NUMEROUS
FACTORS, AND THERE CAN BE NO ASSURANCE THAT FUTURE RECEIPTS OF THE SALES AND USE
TAX AVAILABLE TO PAY DEBT SERVICE ON THE SERIES 2026 BONDS WILL APPROXIMATE SUCH
HISTORICAL RESULTS. See the caption “ THE SALES AND USE TAX – Future Sales and Use Tax Receipts”
herein.
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PROJECTED MANDATORY REDEMPTIONS
The table under the caption “ ESTIMATED DEBT SERVICE REQUIREMENTS” does not reflect possible
mandatory redemptions of the Series 2026 Bonds from Surplus Tax Receipts, if available. Surplus Tax Receipts are
all receipts of the Sales and Use Tax in excess of the amount necessary (i)to assure the prompt payment of the
principal of and interest on Outstanding Series 2026 Bonds and any series of Additional Bonds, ( ii)to pay any
arbitrage rebate due under Section 148(f) of the Code, and (iii) to pay Trustee and Paying Agent fees and expenses.
While any of the Series 2026 Bonds are Outstanding, all Surplus Tax Receipts shall be allocated to the redemption
of the Series 2026 Bonds. THERE CAN BE NO ASSURANCE GIVEN THAT RECEIPTS OF THE SALES AND
USE TAX WILL BE REALIZED IN THE AMOUNTS ASSUMED IN THE TABLE BELOW. See the caption
THE SALES AND USE TAX — Future Sales and Use Tax Receipts” herein.
Series 2026 Bonds
Series 2026 Redeemed Prior to Total Series 2026
Date(1) Principal Due Maturity(2)(3) Principal Retired
5-1-27 $ -- $ 13,155,000 $ 13,155,000
11-1-27 4,565,000 11,540,000 16,105,000
5-1-28 --11,245,000 11,245,000
11-1-28 5,790,000 11,445,000 17,235,000
5-1-29 --6,735,000 6,735,000
11-1-29 6,075,000 6,855,000 12,930,000
5-1-30 --6,980,000 6,980,000
11-1-30 6,380,000 7,110,000 13,490,000
5-1-31 --6,240,000 6,240,000
11-1-31 6,705,000 6,360,000 13,065,000
5-1-32 --6,480,000 6,480,000
11-1-32 7,040,000 6,600,000 13,640,000
5-1-33 --6,375,000 6,375,000
11-1-33 7,395,000 6,505,000 13,900,000
5-1-34 --6,630,000 6,630,000
11-1-34 7,295,000 --7,295,000
Totals: $ 51,245,000 $ 120,255,000 $ 171,500,000
1) Series 2026 Bonds are subject to mandatory redemption from Surplus Tax Receipts on each May 1 and November 1.
See the caption “ THE SERIES 2026 BONDS — Redemption” herein.
2) Assuming annual receipts of the Sales and Use Tax of $___________.
3) Projected mandatory redemptions related to Series 2026 Bonds maturing November 1, 2034 through November 1,
2046.
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THE CITY
General. The City is a city of the first class organized and existing under the laws of the State of Arkansas.
The City is the seat of government of Washington County (the “County”) and is the second largest city in the State.
The City is located in the Metropolitan Statistical Area of Fayetteville/Springdale/Rogers ( the “ MSA”), which
includes all of Washington and Benton Counties in the northwest corner of the State and is approximately 185 miles
northwest of Little Rock, Arkansas, 125 miles east of Tulsa, Oklahoma, and 210 miles south of Kansas City,
Missouri.
The City is served by U.S. Interstate 49, U.S. Highways 62 and 71, and State Highways 16, 45, 112, 156,
180 and 265. The Burlington Northern Railroad has several lines running through the City, and a general aviation
airport with a 6,006-foot runway is available for limited commuter travel. The Northwest Arkansas Regional
Airport is located approximately 40 minutes from downtown Fayetteville and provides daily flights to numerous
venues.
Government. The City currently operates under the Mayor-Council form of government pursuant to which
a mayor, city attorney, city clerk and eight City Council members are elected, two from each of the City’s four
wards. The mayor, city attorney and city clerk are full-time positions elected to four-year terms. City Council
members also serve four-year terms.
The City’s elected officials and the dates on which their respective terms expire are as follows:
Name Office Term Expires
Molly Rawn Mayor 12/31/28
Kit Williams City Attorney 12/31/26
Kara Paxton City Clerk 12/31/28
Scott Berna Council Member 12/31/26
Sarah Bunch Council Member 12/31/28
D’Andre Jones Council Member 12/31/28
Monique Jones Council Member 12/31/28
Sarah Moore Council Member 12/31/26
Robert Stafford Council Member 12/31/26
Teresa Turk Council Member 12/31/26
Mike Wiederkehr Council Member 12/31/28
Financial Reporting. The City’s Comprehensive Annual Financial Report for the fiscal year ended
December 31, 2025 can be accessed at: _________________________________.
Population. The following is a table of population changes for the City, the MSA and the State of
Arkansas, according to the United States Census Bureau:
City of State of
Year Fayetteville MSA Arkansas
1960 20,274 92,069 1,786,272
1970 30,729 127,846 1,923,322
1980 36,608 178,609 2,286,435
1990 42,099 210,908 2,350,624
2000 58,047 311,121 2,673,400
2010 73,580 463,204 2,915,918
2020 93,949 546,725 3,011,524
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Economic Data. Per capita personal income figures for the MSA and the State of Arkansas are as follows:
State of
Year MSA Arkansas
2011 $ 43,674 $ 34,180
2012 49,682 36,287
2013 48,544 36,285
2014 54,080 38,218
2015 57,357 39,266
2016 59,389 40,179
2017 61,204 41,402
2018 65,248 43,029
2019 62,267 45,751
2020 64,548 47,147
2021 72,389 51,636
2022 74,943 52,618
2023 n/a n/a
2024 n/a n/a
Source: Bureau of Economic Analysis, St. Louis Federal Reserve
The following table shows the total assessed value of non-utility real and personal property within the City
for the years indicated:
Year Real Property Personal Property Total
2013 $ 1,084,550,127 $ 216,005,532 $ 1,300,555,659
2014 1,115,992,871 226,841,704 1,342,834,575
2015 1,171,158,618 232,141,593 1,403,300,191
2016 1,213,852,296 252,836,149 1,466,688,495
2017 1,257,361,951 246,656,011 1,504,017,962
2018 1,309,055,168 261,728,096 1,570,783,264
2019 1,352,620,084 247,101,970 1,599,722,054
2020 1,529,519,526 262,267,946 1,791,787,472
2021 1,647,091,410 282,921,776 1,930,013,186
2022 1,774,725,982 310,717,662 2,085,443,644
2023 2,030,990,539 340,274,044 2,371,264,583
2024 2,264,413,457 357,348,248 2,621,761,705
Source: Washington County Tax Assessor’ s Office. The assessed value represents 20% of the appraised value of property.
Building permits issued by the City(1) are shown below for the years indicated:
2022 2023 2024 2025 2026(2)
Residential Building 941 762 988 744 494
Permits
Commercial Building 43 46 132 120 74
Permits
Value of All Building
Permits 507,011,277 340,719,235 629,811,771_ 586,116,083_ 497,737,516
1) Does not include building activity of the University of Arkansas, school permits and additions/alterations to
existing structures.
2) Through June 12, 2026.
Source: City of Fayetteville.
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Unemployment figures ( not seasonally adjusted) for Washington County and the State of Arkansas,
according to the Arkansas Division of Workforce Services, are as follows:
Year Washington State of Arkansas
County
2015 3.5% 5.0%
2016 2.8 4.0
2017 2.6 3.7
2018 2.6 3.6
2019 2.5 3.5
2020 4.7 6.1
2021 2.9 4.0
2022 2.3 3.2
2023 2.3 3.3
2024 2.8 3.5
2025 3.4 4.1
2026* 2.7 4.3
April, 2026 only; preliminary and not seasonally adjusted.
Employment and Industry. The principal campus of the University of Arkansas is located in the City and
had total enrollment for the spring semester of 2025 of approximately 32,163. On the Fayetteville campus, the
University employs approximately 7,300 faculty, administrative, secretarial, clerical and maintenance personnel in
both full-time and part-time positions, making the University the largest employer in the City.
Other major employers in the City, their products or services and approximate number of employees are set
forth below:
Employer Product or Service Employees
Washington Regional Medical Center Health care 3,534
Fayetteville School District Public schools 1,660
Veteran’ s Admin. Medical Health care 1,515
City of Fayetteville City government 920
Washington County County government 838
Tyson Mexican Original Manufacturer 735
Wal-Mart Store #359 Retail 498
Wal-Mart Store #144 Retail 482
Wal-Mart #9149 (optical lab) Manufacturer 328
Source: City of Fayetteville
THE SALES AND USE TAX
Generally. The Sales and Use Tax is levied under the Election Ordinance pursuant to the authority of the
Act. The Sales and Use Tax is levied within the City on all items which are subject to taxation under The Arkansas
Gross Receipts Act of 1941 and on the receipts from storing, using or consuming tangible personal property under
The Arkansas Compensating (Use) Tax Act of 1949. The Sales and Use Tax is collected only on the gross receipts,
gross proceeds or sales price in the maximum amount allowed from time to time under Arkansas law for “ single
transactions,” subject to certain rebates and limitations. Pursuant to the Indenture and the Authorizing Ordinance,
the City has pledged the receipts of the Sales and Use Tax (after the deduction of certain administrative charges) to
the payment of the Series 2026 Bonds. Pursuant to the terms of the Election Ordinance, the collection of the Sales
and Use Tax will commence on and as of the date as provided in the Act. Such commencement of the levy of the
Sales and Use Tax will occur simultaneously with the termination of the levy of the Existing Tax pledged to the
payment of the Prior Bonds, which are being redeemed with a portion of the proceeds of the Series 2026 Bonds. See
Appendix C – THE SALES AND USE TAX” for a detailed description of the property and services subject to sales
and use taxation and the exemptions therefrom.
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Administration. Pursuant to the State law, the Commissioner of Revenues of the State ( the
Commissioner”) performs all functions incidental to the administration, collection, enforcement and operation of
the Sales and Use Tax. All receipts of the Sales and Use Tax collected, less certain charges payable and retainage
due the Commissioner for administrative services in the amount of 3% of the gross receipts of the Sales and Use
Tax, shall be remitted by the State Treasurer to the Trustee monthly. See the caption “ SUMMARY OF THE
INDENTURE – Application of Sales and Use Tax Receipts” herein. In an effort to simplify and modernize the sales
and use tax collection process, the State of Arkansas has opted to participate in the Streamlined Sales Tax
Agreement, a cooperative effort among states, local governments and the business community.
Future Receipts of the Sales and Use Tax. Receipts of the Sales and Use Tax will be contingent upon the
sale and use of property and services within the City, which activity is generally dependent upon economic
conditions within the City and the surrounding trade area. Also, receipts of the Sales and Use Tax may be affected
by changes to transactions exempted from the Sales and Use Tax made by legislation adopted by the General
Assembly of the State or by the people of the State in the form of a constitutional amendment or initiated act. In the
past the General Assembly of the State has considered new exemptions to sales and use taxes, such as food sales,
which, if adopted, would materially reduce receipts of the Sales and Use Tax. The City has no control over actions
of the General Assembly or the people of the State and cannot predict whether changes to the Sales and Use Tax
may be made. Accordingly, the City cannot predict with certainty the expected amount of receipts of the Sales
and Use Tax to the be received and, therefore, there can be no assurance that receipts of the Sales and Use
Tax will be sufficient to pay the principal of and interest on the Series 2026 Bonds.
SUMMARY OF THE INDENTURE
The following statements are brief summaries of certain provisions of the Indenture. The statements do not
purport to be complete, and reference is made to the Indenture, copies of which are available for examination at the
offices of the Finance Director of the City, for a full statement thereof.
Funds and Accounts. Receipts of the Sales and Use Tax are pledged by the Indenture to the payment of the
principal of and interest on the Bonds. The following Funds and Accounts have been established with the Trustee in
connection with the issuance of the Bonds:
Funds and Accounts
Revenue Fund
Bond Fund, and an Interest Account and a Principal Account therein
Redemption Fund
Cost of Issuance Fund
Project Fund, and a Water/Wastewater Systems Project Account, Parks
System Project Account, Animal Services Facility Project Account, Trail
System Project Account, Transportation System Project Account,
Sustainability Project Account, Aquatics/Recreation Center Project
Account and Fire Department Project Account therein
Rebate Fund
Application of Receipts of the Sales and Use Tax. The application of receipts of the Sales and Use Tax is as
follows:
a) Revenue Fund. All receipts from the Sales and Use Tax shall, as and when received, be deposited
into the Revenue Fund. All moneys at any time in the Revenue Fund shall be applied on a monthly basis to the
payment of Debt Service on the Bonds, to the payment of any arbitrage rebate due under Section 148(f) of the Code,
to the payment of fees and expenses of the Trustee and any Paying Agent, and to the early redemption of the Bonds,
at the times and in the amounts set forth as follows:
b) Bond Fund. Upon receipt, but in no event later than the last day of each month in which receipts
of the Sales and Use Tax are deposited in the Revenue Fund, there shall be transferred from the Revenue Fund (i)
into the Interest Account of the Bond Fund, an amount equal to 1/6 of the interest on the Outstanding Bonds due on
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the next interest payment date, and (ii) into the Principal Account of the Bond Fund, an amount equal to 1/12 of the
next scheduled principal maturity of Outstanding Bonds (including mandatory sinking fund redemptions). Moneys
in the Bond Fund shall be used solely for the purpose of paying Debt Service on the Bonds or for redemption of
Bonds, as provided in the Indenture. The Trustee shall withdraw from the Bond Fund, on the date of any principal
or interest payment, an amount equal to such payment for the sole purpose of paying the same.
If receipts of the Sales and Use Tax in the Revenue Fund are insufficient to make the required monthly
payment into the Bond Fund, the amount of any such deficiency in the payment made shall be added to the amount
otherwise required to be paid into the Bond Fund not later than last day of the next succeeding month.
When the moneys held in the Revenue Fund, the Bond Fund and the Redemption Fund shall be and remain
sufficient to pay in full the principal of and interest on all Bonds then Outstanding in accordance with the Indenture,
together with the required fees and expenses to be paid or reimbursed to the Trustee and any Paying Agent, the City
shall have no further obligation to make payments into such Funds and the levy of the Sales and Use Tax shall
cease.
c) Rebate Fund. The Trustee shall establish and maintain, separate and apart from any other Funds
and Accounts established and maintained under the Indenture, the Rebate Fund, which Fund is not pledged to the
payment of any Bonds. Subject to transfer to the United States in payment of any arbitrage rebate due under Section
148(f) of the Code, all moneys at any time deposited in the Rebate Fund shall be held by the Trustee in trust, and
neither the City nor the Owner of any Bond shall have any rights in or claim to such money. Any amounts remaining
in the Rebate Fund after payment in full of the rebate amount owing to the United States, within sixty (60) days after
the date on which the last Bond is redeemed, shall be transferred to the Revenue Fund.
d) Redemption Fund. After making the required deposits into the Bond Fund and into the Rebate
Fund, and after paying the fees and expenses of the Trustee and any Paying Agent, there shall be paid from the
Revenue Fund into the Redemption Fund all remaining moneys in the Revenue Fund (the “Surplus Tax Receipts”).
Moneys in the Redemption Fund shall be transferred to the appropriate Principal Account of the Bond Fund at such
times as may be necessary to effectuate redemptions of Bonds on the first available redemption date. While any of
the Series 2026 Bonds are Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series
2026 Bonds. See the captions “ THE SERIES 2026 BONDS – Redemption” and “ PROJECTED MANDATORY
REDEMPTIONS” herein.
e) Project Fund. Portions of the proceeds of the Series 2026 Bonds shall be deposited in the
Water/Wastewater Systems Project Account, Parks System Project Account, Animal Services Facility Project
Account, Trail System Project Account, Transportation System Project Account, Sustainability Project Account,
Aquatics/Recreation Center Project Account and Fire Department Project Account of the Project Fund. See the
captions “ ESTIMATED SOURCES AND USES OF FUNDS” and “ THE PROJECTS” herein. Amounts in the
various Accounts in the Project Fund shall be expended only for the payment of Project Costs related to the
applicable portion of the Project being financed with the proceeds of the Series 2026 Bonds upon the submission of
Requisitions by the City to the Trustee. The Trustee shall only make payments from the Project Fund pursuant to
and in accordance with Requisitions. Within ninety (90) days following completion of the portion of a Project being
financed with a particular series of Bonds, the City shall deliver to the Trustee its Certificate stating that the
applicable portion of such Project is complete and the Trustee shall transfer the remaining moneys in the applicable
Account of the Project Fund relating to such series of Bonds ( save and except moneys needed to satisfy unpaid
Project Costs) to the Redemption Fund for application to the retirement of the corresponding series of Bonds by
redemption or purchase. See the caption “ THE SERIES 2026 BONDS – Redemption” herein.
f) Cost of Issuance Fund. A portion of the proceeds of the Series 2026 Bonds shall be deposited to
the credit of the Cost of Issuance Fund. The Trustee shall pay those Costs of Issuance as directed by the City
pursuant to a Certificate delivered on a Closing Date. After all Costs of Issuance have been paid with respect to the
Series 2026 Bonds ( and in any event not later than __________ 1, 2026), any remaining moneys in the Cost of
Issuance Fund shall be transferred to the Interest Account of the Bond Fund.
Investment of Funds. At the direction of the City or absent such direction, the Trustee shall invest moneys
in Funds or Accounts held by the Trustee in Investment Securities with maturity or redemption dates consistent with
the times at which said moneys will be required for the purposes provided in the Indenture. Moneys in separate
Funds or Accounts may be commingled for the purpose of investment.
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Valuation of Funds and Accounts. In determining the value of any Fund or Account held by the Trustee
under the Indenture, the Trustee shall credit Investment Securities at the fair market value thereof, as determined by
the Trustee by any method selected by the Trustee in its reasonable discretion. No less frequently than annually, and
in any event within thirty (30) days prior to the end of each Fiscal Year, the Trustee shall determine the value of
each Fund and Account held under the Indenture and shall report such determination to the City.
The Trustee shall sell or present for redemption any Investment Securities as necessary in order to provide
money for the purpose of making any payment required under the Indenture, and the Trustee shall not be liable for
any loss resulting from any such sale.
Responsibility of Trustee. The Trustee shall not be responsible or liable for any loss suffered in connection
with any investment of moneys made by it at the direction of the City.
Instruments of Further Assurance. At any and all times the City shall, so far as it may be authorized by law,
pass, make, do, execute, acknowledge and deliver, all and every such further resolutions, ordinances, acts, deeds,
conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring,
conveying, granting, pledging, assigning and confirming of all and singular the receipts from the Sales and Use Tax
and all other moneys pledged or assigned by the Indenture, or intended so to be, or which the City may become
bound to pledge or assign.
Tax Covenants. The City shall not use or permit the use of any Bond proceeds or any other funds of the
City, directly or indirectly, in any manner, and will not take or permit to be taken any other action or actions which
would adversely affect the exclusion of interest on any Bond from gross income for federal income tax purposes.
No part of the proceeds of the Series 2026 Bonds shall at any time be used, directly or indirectly, to acquire
securities or obligations the acquisition of which would cause any of such Series 2026 Bonds to be an “ arbitrage
bond” as defined in Sections 148(a) and ( b) of the Code. The City agrees that so long as any of the Series 2026
Bonds remain Outstanding, it will comply with the provisions of the applicable Tax Regulatory Agreement.
Defeasance. Any Bond shall be deemed to be paid within the meaning of the Indenture when payment of
the principal of and premium, if any, and interest on such Bond (whether at maturity or upon redemption as provided
in the Indenture, or otherwise), either (i)shall have been made or caused to be made in accordance with the terms
thereof, or (ii)shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set
aside exclusively for such payment, ( 1) moneys sufficient to make such payment or ( 2) Government Securities
provided that such deposit will not affect the tax-exempt status of the interest on any of the Bonds or cause any of
the Bonds to be classified as “ arbitrage bonds” within the meaning of Section 148(a) of the Code, as reflected in an
opinion of Bond Counsel delivered to the Trustee), maturing as to principal and interest in such amounts and at such
times as will provide sufficient moneys to make such payment, and all necessary and proper fees, compensation and
expenses of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit is made
shall have been paid or the payment thereof provided for to the satisfaction of the Trustee and any said Paying
Agent. In the case of any defeasance of Bonds, the dates of redemption of such Bonds and the principal amounts
and maturities of Bonds to be redeemed on such dates will be determined by taking into consideration the applicable
redemption requirements with respect to the Bonds to be defeased and the receipts of the Sales and Use Tax for the
most recent twelve months.
Events of Default. Each of the following events shall constitute and is referred to in the Indenture as an
Event of Default”:
a) Default in the due and punctual payment of any interest on any Bond;
b) Default in the due and punctual payment of the principal of or premium, if any, on any Bond,
whether at the stated maturity thereof, or upon proceedings for redemption thereof, or upon the maturity thereof by
declaration;
c) Default in the payment of any other amount required to be paid under the Indenture or the
performance or observance of any other of the covenants, agreements or conditions contained in the Indenture, or in
the Bonds issued under the Indenture, and continuance thereof for a period of sixty (60) days after written notice
specifying such failure and requesting that it be remedied, shall have been given to the City by the Trustee, which
may give such notice in its discretion and shall give such notice at the written request of Holders of not less than
fifty-one percent ( 51%) in aggregate principal amount of the Bonds then Outstanding, unless the Trustee, or the
Trustee and Holders of an aggregate principal amount of Bonds not less than the aggregate principal amount of
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Bonds the Holders of which requested such notice, as the case may be, shall agree in writing to an extension of such
period prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the
applicable period, the Trustee will not unreasonably withhold its consent to an extension of such time if corrective
action is instituted by the City within such period and is being diligently pursued;
d) The filing of a petition in bankruptcy by or against the City under the United States Bankruptcy
Code or the commencement of a proceeding by or against the City under any other law concerning insolvency,
reorganization or bankruptcy; and
e) If the State has limited or altered the rights of the City pursuant to the Act, as in force on the date
of the Indenture, to fulfill the terms of any agreements made with the Trustee or the Bondholders or in any way
impaired the rights and remedies of the Trustee or the Bondholders while any Bonds are Outstanding.
The term “ default” as used in clauses ( a), ( b) and ( c) above shall mean default by the City in the
performance or observance of any of the covenants, agreements or conditions on its part contained in the Indenture,
or in the Bonds Outstanding thereunder, exclusive of any period of grace required to constitute a default an “ Event
of Default” as described above.
Acceleration. Upon the occurrence of an Event of Default, the Trustee may, and upon the written request
of the Holders of not less than 51% in aggregate principal amount of Bonds Outstanding shall, by notice in writing
delivered to the City, declare the principal of all Bonds then Outstanding, together with any premium and the
interest accrued thereon, immediately due and payable, and such principal and interest shall thereupon become and
be immediately due and payable.
Other Remedies; Rights of Bondholders. Upon the occurrence of an Event of Default, the Trustee may, as
an alternative, pursue any available remedy by suit at law or in equity, including, without limitation, mandamus to
enforce the payment of the principal of and premium, if any, and interest on the Bonds then Outstanding.
If an Event of Default shall have occurred, and if it shall have been requested so to do by the Holders of
51% in aggregate principal amount of Bonds Outstanding and if it shall have been indemnified as provided in the
Indenture, the Trustee shall be obligated to exercise such one or more of the rights and powers conferred upon it by
the Indenture as the Trustee, being advised by counsel, shall deem most expedient in the interests of the
Bondholders.
No remedy by the terms of the Indenture conferred upon or reserved to the Trustee (or to the Bondholders)
is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in
addition to any other remedy given under the Indenture or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any default or Event of Default shall
impair any such right or power or shall be construed to be a waiver of any such default or Event of Default or
acquiescence therein; and every such right and power may be exercised from time to time and as often as may be
deemed expedient.
No waiver of any default or Event of Default under the Indenture, whether by the Trustee or by the
Bondholders, shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or
remedies consequent thereon.
Rights and Remedies of Bondholders. No Holder of any Bond shall have any right to institute any suit,
action or proceeding in equity or at law for the enforcement of the Indenture or for the execution of any trust thereof
or for the appointment of a receiver or any other remedy thereunder, unless a default has occurred of which the
Trustee has been notified as provided in the Indenture, or of which by the Indenture it is deemed to have notice, nor
unless such default shall have become an Event of Default and the Holders of not less than 51% in aggregate
principal amount of Bonds Outstanding shall have made written request to the Trustee and shall have offered it
reasonable opportunity either to proceed to exercise the powers granted or to institute such action, suit, or
proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in the Indenture
nor unless the Trustee shall thereafter fail or refuse to exercise the powers granted, or to institute such action, suit, or
proceeding in its own name; and such notification, request and offer of indemnity are declared in every such case at
the option of the Trustee to be conditions precedent to the execution of the powers and trusts of the Indenture, and to
any action or cause of action for the enforcement of the Indenture or for the appointment of a receiver or for any
other remedy thereunder; it being understood and intended that no one or more Holders of the Bonds shall have any
right in any manner whatsoever to affect, disturb or prejudice the lien of the Indenture by action of the Holder or
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Holders or to enforce any right under the Indenture except in the manner therein provided, and that all proceedings
at law or in equity shall be instituted, held and maintained in the manner therein provided for the equal benefit of the
Holders of all Bonds Outstanding thereunder. Nothing in the Indenture contained shall, however, affect or impair
the right of any Bondholders to enforce the payment of the principal of and premium, if any, and interest on any
Bonds at and after the maturity thereof, or the obligation of the City to pay the principal of and premium, if any, and
interest on each of the Bonds issued under the Indenture to the respective Holders thereof at the time and place in
said Bonds expressed.
Supplemental Indentures Not Requiring Consent of Bondholders. The City and the Trustee may, from time
to time and at any time, without the consent of or notice to the Bondholders, enter into Supplemental Indentures as
follows:
a) to cure any formal defect, omission, inconsistency or ambiguity in the Indenture;
b) to grant to or confer or impose upon the Trustee for the benefit of the Bondholders any additional
rights, remedies, powers, authority, security, liabilities or duties which may lawfully be granted, conferred or
imposed and which are not contrary to or inconsistent with the Indenture as theretofore in effect, provided that no
such additional liabilities or duties shall be imposed upon the Trustee without its consent;
c) to add to the covenants and agreements of, and limitations and restrictions upon, the City in the
Indenture other covenants, agreements, limitations and restrictions to be observed by the City which are not contrary
to or inconsistent with the Indenture as theretofore in effect;
d) to confirm, as further assurance, any pledge under, and the subjection to any claim, lien or pledge
created or to be created by, the Indenture, of the Trust Estate or of any other moneys, securities or funds;
e) to comply with the requirements of the Trust Indenture Act of 1939, as from time to time
amended;
f) to authorize the issuance and sale of one or more series of Additional Bonds;
g) to make such additions, deletions or modifications as may be necessary to assure compliance with
Section 148(f) of the Code relating to required rebate to the United States or otherwise as may be necessary to assure
exemption from federal income taxation of interest on the Bonds; or
h) to modify, alter, amend or supplement the Indenture in any other respect which is not materially
adverse to the Bondholders and which does not involve a change described in clause (a), (b), (c), (d), (e) or (f) above
and which, in the judgment of the Trustee, is not to the prejudice of the Trustee.
Supplemental Indentures Requiring Consent of Bondholders. Subject to the terms and provisions contained
in this paragraph, and not otherwise, the Holders of not less than 2/3 in aggregate principal amount of the Bonds
then Outstanding shall have the right, from time to time, anything contained in the Indenture to the contrary
notwithstanding, to consent to and approve the execution by the City and the Trustee of such indenture or indentures
supplemental to the Indenture as shall be deemed necessary and desirable by the City for the purpose of modifying,
altering, amending, adding to, or rescinding, in any particular, any of the terms or provisions contained in the
Indenture or in any Supplemental Indenture; provided, however, that nothing contained in the Indenture shall permit
or be construed as permitting (a) an extension of the maturity (or mandatory redemption date) of the principal of or
the interest on any Bond issued thereunder, or (b) a reduction in the principal amount of or redemption premium or
rate of interest on any Bond issued thereunder, or (c) the creation of any lien on the Trust Estate or any part thereof,
except as expressly permitted in the Indenture, or (d) a privilege or priority of any Bond or Bonds over any other
Bond or Bonds, or ( e) a reduction in the aggregate principal amount of the Bonds required for consent to such
Supplemental Indenture, or (f) depriving the Holder of any Bond then Outstanding of the lien created on the Trust
Estate.
If, at any time the City shall request the Trustee to enter into any Supplemental Indenture for any of the
purposes described above, the Trustee shall, at the expense of the City, cause notice of the proposed execution of
such Supplemental Indenture to be mailed by first class mail to each registered owner of the Bonds. Such notice
shall briefly set forth the nature of the proposed Supplemental Indenture and shall state that copies thereof are on file
at the principal office of the Trustee for inspection by Bondholders. The Trustee shall not, however, be subject to
any liability to any Bondholder by reason of its failure to mail such notice, and any such failure shall not affect the
validity of such Supplemental Indenture when consented to and approved as provided above. If the Holders of not
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less than 2/3 in aggregate principal amount of the Bonds Outstanding at the time of the execution of any such
Supplemental Indenture shall have consented to and approved the execution thereof, no Holder of any Bond shall
have any right to object to any of the terms and provisions contained therein, or the operation thereof, or in any
manner to question the propriety of the execution thereof, or to enjoin or restrain the Trustee or the City from
executing the same or from taking any action pursuant to the provisions thereof.
SUMMARY OF THE CONTINUING DISCLOSURE AGREEMENT
The City has entered into an undertaking in the form of the Continuing Disclosure Agreement as required
by the Indenture for the benefit of the Beneficial Owners of the Series 2026 Bonds to cause certain financial
information to be sent to certain information repositories annually and to cause notice to be sent to such information
repositories of certain specified events, pursuant to the requirements of Section (b)(5)(i) of Rule 15c2-12 of the
Securities Exchange Act of 1934, as amended ( the “ Rule”).
The City is a party to multiple continuing disclosure agreements for various bond issues of the City secured
by different repayment sources. During the past five years, the City has identified certain instances in which filings
were not made as required by such agreements. A listing of such instances, which may not be inclusive, is set forth
below.
DISCLOSURE TO BE PROVIDED]
The City makes no representation as to the materiality of the continuing disclosure delinquencies and
omissions described above.
The City has undertaken steps to ensure future compliance with its continuing disclosure obligations.
The Continuing Disclosure Agreement contains the following covenants and provisions:
a) The City covenants that it will disseminate, or will cause the Dissemination Agent to disseminate,
the Annual Financial Information and the Audited Financial Statements ( in the form and by the dates set forth in
Exhibit I to the Continuing Disclosure Agreement) by delivering such Annual Financial Information and the Audited
Financial Statements to the MSRB within 180 days of the completion of the City’s Fiscal Year. The City is required
to deliver or cause delivery of such information in Prescribed Form and by such time so that such entity receives the
information by the dates specified.
b) Not later than five (5) Business Days prior to the date specified in the preceding paragraph for
providing the Annual Financial Information Disclosure to the MSRB, the City shall provide such Annual Financial
Information Disclosure to the Dissemination Agent. If by such date the Dissemination Agent has not received a
copy of the applicable Annual Financial Information Disclosure, the Dissemination Agent shall contact the
applicable Disclosure Representative to determine if the City is in compliance with the preceding paragraph. If the
Dissemination Agent is unable to verify that the Annual Financial Information Disclosure has been provided to the
MSRB by the date required in the preceding paragraph, the Dissemination Agent shall file a notice to such effect
with the MSRB in substantially the form attached as Exhibit III to the Continuing Disclosure Agreement.
c) If any part of the Annual Financial Information can no longer be generated because the operations
to which it is related have been materially changed or discontinued, the City will disseminate or cause dissemination
of a statement to such effect as part of its Annual Financial Information for the Fiscal Year in which such event first
occurs.
d) If any amendment is made to the Continuing Disclosure Agreement, the Annual Financial
Information for the Fiscal Year in which such amendment is made ( or in any notice or supplement provided to the
MSRB) shall contain a narrative description of the reasons for such amendment and its impact on the type of
information being provided.
e) The City covenants that it will disseminate or cause dissemination in a timely manner, not in
excess of ten ( 10) Business Days after the occurrence of the event, of Listed Events Disclosure to the MSRB in
Prescribed Form. Notwithstanding the foregoing, notice of optional or unscheduled redemption of any Series 2026
Bonds need not be given under the Continuing Disclosure Agreement any earlier than the notice (if any) of such
redemption is given to the owners of the Series 2026 Bonds pursuant to the Indenture. The City is required to
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deliver or cause delivery of such Listed Events Disclosure in the same manner as provided for Annual Financial
Information and Audited Financial Statements.
f) The Continuing Disclosure Agreement has been executed in order to assist the Participating
Underwriter in complying with the Rule; however, the Continuing Disclosure Agreement shall inure solely to the
benefit of the City, the Dissemination Agent, if any, the Trustee and the Beneficial Owners of the Series 2026
Bonds, and shall create no rights in any other person or entity. In the event of a failure of the City to comply with
any provision of the Continuing Disclosure Agreement, the Trustee may ( and at the request of a Participating
Underwriter or the Beneficial Owners of at least 25% in aggregate outstanding principal amount of the Series 2026
Bonds, and upon being indemnified to its satisfaction, shall) or the Beneficial Owner of any Series 2026 Bond may
seek specific performance by court order to cause the City to comply with its obligations under the Disclosure
Agreement. A default under the Disclosure Agreement shall not be deemed an Event of Default under the Indenture
or any other agreement, and the sole remedy under the Disclosure Agreement in the event of any failure of the City
or the Dissemination Agent to comply with the Disclosure Agreement shall be an action to compel performance.
g) The Undertaking of the City pursuant to the Continuing Disclosure Agreement shall be terminated
when the City shall no longer have any legal liability for any obligation on or relating to the repayment of the Series
2026 Bonds. The City shall give notice to the MSRB, or shall cause the Dissemination Agent to give such notice, in
a timely manner and in Prescribed Form in such event.
h) The City and the Dissemination Agent may amend the Continuing Disclosure Agreement, and any
provision of the Continuing Disclosure Agreement may be waived, if (i) the amendment or waiver is made in
connection with a change in circumstances that arises from a change in legal requirements, change in law, or change
in the identity, nature or status of the City or type of business conducted; (ii)the Continuing Disclosure Agreement,
as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the
primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in
circumstances; (iii)the amendment or waiver does not materially impair the interests of the Beneficial Owners of the
Series 2026 Bonds, as determined either by parties unaffiliated with the City ( such as the Trustee) or by an
approving vote of the Beneficial Owners of the Series 2026 Bonds holding a majority of the aggregate principal
amount of the Series 2026 Bonds ( excluding Series 2026 Bonds held by or on behalf of the City or its affiliates)
pursuant to the terms of the Indenture at the time of the amendment; or (iv) the amendment or waiver is otherwise
permitted by the Rule.
i) The following terms used under this caption shall have the meanings set forth below:
Annual Financial Information” means receipts of the Sales and Use Tax for the latest Fiscal Year and for
the four previous Fiscal Years.
Annual Financial Information Disclosure” means the dissemination of disclosure concerning Annual
Financial Information and the dissemination of the Audited Financial Statements as set forth in subsection ( a) above.
Audited Financial Statements” means the audited consolidated financial statements of the City, prepared
pursuant to generally accepted accounting standards and as described in Exhibit I to the Continuing Disclosure
Agreement.
Beneficial Owner” shall mean any person which ( a) has the power, directly or indirectly, to vote or
consent with respect to, or to dispose of ownership of, any Series 2026 Bonds ( including persons holding Series
2026 Bonds through nominees, depositories or other intermediaries), or ( b) is treated as the owner of any Series
2026 Bonds for federal income tax purposes.
Business Day” means any day other than a Saturday or Sunday or a day on which banks in the State of
Arkansas or in the state in which the Dissemination Agent is located are not open for business.
Commission” means the U.S. Securities and Exchange Commission.
Disclosure Representative” means the City’ s Chief Financial Officer, or his or her designee, or such other
person as the City shall designate in writing to the Dissemination Agent from time to time.
Dissemination Agent” shall mean Simmons Bank, Pine Bluff, Arkansas, acting in its capacity as a
dissemination agent under the Continuing Disclosure Agreement, or any successor dissemination agent designated
in writing by the City and which has filed with the Trustee a written acceptance of such designation.
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EMMA” means the Electronic Municipal Market Access facility for municipal securities disclosure of the
MSRB.
Exchange Act” means the Securities Exchange Act of 1934, as amended.
Financial Obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection
with, or pledged as a security or a source of payment for, an existing or planned debt obligation; or (iii)a guarantee
of (i) or (ii). The term Financial Obligation does not include municipal securities as to which a final official
statement has been otherwise provided to the MSRB under the Rule.
Fiscal Year” means any period of twelve (12) consecutive months adopted by the City as its fiscal year
for financial reporting purpose. The Fiscal Year of the City presently ends on December 31 of each year.
Listed Event” means the occurrence of any of the following events with respect to the Series 2026 Bonds:
i) Principal and interest payment delinquencies;
ii) Nonpayment-related defaults, if material;
iii) Unscheduled draws on debt service reserves reflecting financial difficulties;
iv) Unscheduled draws on credit enhancements reflecting financial difficulties;
v) Substitution of credit or liquidity providers, or their failure to perform;
vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final
determinations of taxability, Notices of Proposed Issue ( IRS Form 5701-TEB) or other material
notices or determinations with respect to the tax status of the security, or other material events
affecting the tax status of the security;
vii) Modifications to rights of security holders, if material;
viii) Bond calls, if material, and tender offers;
ix) Defeasances;
x) Release, substitution or sale of property securing repayment of the securities, if material;
xi) Rating changes;
xii) Bankruptcy, insolvency, receivership or similar event of the City;
xiii) The consummation of a merger, consolidation or acquisition involving the City or the sale of all or
substantially all of the assets of the City, other than in the ordinary course of business, the entry
into a definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if material;
xiv) Appointment of a successor or additional trustee or the change of name of a trustee, if material;
xv) Incurrence of a Financial Obligation of the City, if material, or agreement to covenants, events of
default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any
of which affect security holders, if material; and
xvi) Default, event of acceleration, termination event, modification of terms, or similar events under
the terms of a Financial Obligation of the City, any of which reflect financial difficulties.
Listed Events Disclosure” means dissemination of a notice of a Listed Event as set forth in subsection (e)
above.
MSRB” shall mean the Municipal Securities Rulemaking Board established in accordance with the
provisions of Section 15B(b)(1) of the 1934 Act.
Participating Underwriter” means each broker, dealer or municipal securities dealer acting as an
underwriter in any primary offering of the Series 2026 Bonds.
Prescribed Form” means, with regard to the filing of Annual Financial Information, Audited Financial
Statements and notices of Listed Events with the MSRB at www.emma.msrb.org (or such other address or addresses
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as the MSRB may from time to time specify), such electronic format, accompanied by such identifying information,
as shall have been prescribed by the MSRB and which shall be in effect on the date of filing of such information.
Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission (“ SEC”) under
the Exchange Act, as the same may be amended from time to time.
State” means the State of Arkansas.
Undertaking” means the obligations of the City pursuant to subsections (a) and (e) above.
UNDERWRITING
Under a bond purchase agreement entered into by and among the City and Stephens Inc. ( the
Underwriter”), the Series 2026 Bonds are being purchased at a purchase price of $_____________ (representing
the stated principal amount of the Series 2026 Bonds [ less][ plus] a net reoffering [ discount][ premium] of
and less an underwriting discount of $____________).The bond purchase agreement provides that the
Underwriter will purchase all of the Series 2026 Bonds if any are purchased. The obligation of the Underwriter to
accept delivery of the Series 2026 Bonds is subject to various conditions contained in the bond purchase agreement,
including the absence of pending or threatened litigation questioning the validity of the Series 2026 Bonds or any
proceedings in connection with the issuance thereof, and the absence of material adverse changes in the financial
condition of the City.
Mark C. Doramus, Chief Financial Officer of the Underwriter, serves on the Board of Directors of the
Trustee.
The Underwriter intends to offer the Series 2026 Bonds to the public initially at the offering prices as set
forth on the inside cover page of this Official Statement, which offering prices ( or bond yields establishing such
offering prices) may subsequently change without any requirement of prior notice. The Underwriter reserves the
right to join with dealers and other underwriters in offering the Series 2026 Bonds to the public, and may offer the
Series 2026 Bonds to such dealers and other underwriters at a price below the public offering price.
The City has agreed to indemnify the Underwriter against certain civil liabilities in connection with the
offering and sale of the Series 2026 Bonds, including certain liabilities under federal securities laws.
TAX MATTERS
General Matters
Federal Income Taxes. In the opinion of Kutak Rock LLP, Bond Counsel, under existing laws, regulations,
rulings and judicial decisions, interest on the Series 2026 Bonds ( including any original issue discount properly
allocable to the owner of a Series 2026 Bond) is excludable from gross income for federal income tax purposes and
is not a specific preference item for purposes of the federal alternative minimum tax imposed on individuals. The
opinion described in the preceding sentence assumes the accuracy of certain representations and compliance by the
City with covenants designed to satisfy the requirements of the Code that must be met subsequent to the issuance of
the Series 2026 Bonds. Failure to comply with such requirements could cause interest on the Series 2026 Bonds to
be included in gross income for federal income tax purposes retroactive to the date of issuance of the Series 2026
Bonds. The City has covenanted to comply with such requirements. Interest on the Series 2026 Bonds may affect
the federal alternative minimum tax imposed on certain corporations.
Bond Counsel has expressed no opinion regarding other federal tax consequences arising with respect to
the Series 2026 Bonds.
The accrual or receipt of interest on the Series 2026 Bonds may otherwise affect the federal income tax
liability of the owners of the Series 2026 Bonds. The extent of these other tax consequences will depend upon such
owner’ s particular tax status and other items of income or deduction. Bond Counsel has expressed no opinion
regarding any such consequences. Purchasers of the Series 2026 Bonds, particularly purchasers that are corporations
including S corporations, foreign corporations operating branches in the United States, and certain corporations
subject to the federal alternative minimum tax), property or casualty insurance companies, banks, thrifts or other
financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers entitled to
claim the earned income credit, taxpayers entitled to claim the refundable credit in Section 36B of the Code for
coverage under a qualified health plan, and taxpayers who may be deemed to have incurred or continued
25
indebtedness to purchase or carry tax-exempt obligations, should consult their tax advisors as to the tax
consequences of purchasing or owning the Series 2026 Bonds.
Backup Withholding. An owner of a Series 2026 Bond may be subject to backup withholding at the
applicable rate determined by statute with respect to interest paid with respect to the Series 2026 Bonds if such
owner fails to provide to any person required to collect such information pursuant to Section 6049 of the Code with
such owner’ s taxpayer identification number, furnishes an incorrect taxpayer identification number, fails to report
interest, dividends or other “ reportable payments” ( as defined in the Code) properly, or, under certain circumstances,
fails to provide such persons with a certified statement, under penalty of perjury, that such owner is not subject to
backup withholding.
Changes in Federal and State Tax Law
From time to time, there are legislative proposals in the Congress and in the states that, if enacted, could
alter or amend the federal tax matters referred to under this heading “ TAX MATTERS” or adversely affect the
market value of the Series 2026 Bonds. It cannot be predicted whether or in what form any such proposal might be
enacted or whether if enacted it would apply to bonds issued prior to enactment. In addition, regulatory actions are
from time to time announced or proposed and litigation is threatened or commenced which, if implemented or
concluded in a particular manner, could adversely affect the market value of the Series 2026 Bonds. It cannot be
predicted whether any such regulatory action will be implemented, how any particular litigation or judicial action
will be resolved, or whether the Series 2026 Bonds or the market value thereof would be impacted thereby.
Purchasers of the Series 2026 Bonds should consult their tax advisors regarding any pending or proposed legislation,
regulatory initiatives or litigation. The opinions expressed by Bond Counsel are based upon existing legislation and
regulations as interpreted by relevant judicial and regulatory authorities as of the date of issuance and delivery of the
Series 2026 Bonds, and Bond Counsel has expressed no opinion as of any date subsequent thereto or with respect to
any pending legislation, regulatory initiatives or litigation.
PROSPECTIVE PURCHASERS OF THE SERIES 2026 BONDS ARE ADVISED TO CONSULT
THEIR OWN TAX ADVISORS PRIOR TO ANY PURCHASE OF THE SERIES 2026 BONDS AS TO THE
IMPACT OF THE CODE UPON THEIR ACQUISITION, HOLDING OR DISPOSITION OF THE SERIES
2026 BONDS.
State Taxes
Bond Counsel is of the opinion that, under existing law, the interest on the Series 2026 Bonds is exempt
from all state, county and municipal taxes in the State of Arkansas.
RATING
S&P Global Ratings, a business unit of Standard & Poor’s Financial Services LLC (“S& P”), has assigned a
rating of “ AA-” (stable outlook) to the Series 2026 Bonds. Such rating reflects only the view of S& P at the time
such rating was given, and the City makes no representation as to the appropriateness of such rating. An explanation
as to the significance of the above rating may be obtained only from S& P.
The City has furnished S& P certain information and materials relating to the Series 2026 Bonds and the
City, some of which have not been included in this Official Statement. Generally, rating agencies base their ratings
on such information and materials and investigations, studies and assumptions furnished to and obtained and made
by the rating agencies. There is no assurance that a particular rating will be maintained for any given period of time
or that it may not be lowered, raised or withdrawn entirely by S& P if, in its judgment, circumstances so warrant.
Neither the City nor the Underwriter have undertaken any responsibility to oppose any such revision or withdrawal.
Any downward change in or withdrawal of a rating may have an adverse effect on the market price and
marketability of the Series 2026 Bonds. No application has been made to any Rating Agency other than S& P for a
rating on the Series 2026 Bonds.
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LEGAL MATTERS
Legal Opinions. Legal matters incident to the authorization and issuance of the Series 2026 Bonds are
subject to the unqualified approving opinion of Kutak Rock LLP, Little Rock, Arkansas, Bond Counsel, a copy of
whose approving opinion will be delivered with the Series 2026 Bonds and a form of which is attached hereto as
Appendix A. Certain legal matters will be passed upon for the City by its counsel, Kit Williams, Esq., City
Attorney.
Litigation. There is no litigation pending seeking to restrain or enjoin the issuance or delivery of the Series
2026 Bonds or questioning or affecting the legality of the Series 2026 Bonds or the proceedings and authority under
which the Series 2026 Bonds are to be issued, or questioning the right of the City to issue the Series 2026 Bonds.
There is no action, suit or proceeding known to be pending or threatened, restraining or enjoining the City in any
way which could have a material adverse effect on the Sales and Use Tax or the City’ s ability to pay debt service
with respect to the Series 2026 Bonds.
MISCELLANEOUS
Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not
so expressly stated, are set forth as such and not as representations of fact, and no representation is made that any of
the estimates will be realized. This Official Statement is not to be construed as a contract or agreement between the
City and the purchasers or owners of any of the Series 2026 Bonds.
ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT
The information contained in this Official Statement has been taken from sources considered to be reliable,
but is not guaranteed. To the best of the knowledge of the City, this Official Statement does not include any untrue
statement of a material fact, nor does it omit the statement of any material fact required to be stated herein, or
necessary to make the statements herein, in light of the circumstances under which they were made, not misleading.
THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK]
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The execution and delivery of this Official Statement has been duly authorized by the City of Fayetteville, Arkansas.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor
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APPENDIX A
Proposed Form of Bond Counsel Opinion
Upon delivery of the Series 2026 Bonds in definitive form, Kutak Rock LLP, Little Rock, Arkansas,
proposes to deliver its approving opinion in substantially the following form:
2026
City of Fayetteville, Arkansas
Fayetteville, Arkansas
Simmons Bank, as Trustee
Pine Bluff, Arkansas
Stephens Inc.
Fayetteville, Arkansas
171,500,000*
City of Fayetteville, Arkansas
Sales and Use Tax Capital Improvement and Refunding Bonds
Series 2026
Ladies and Gentlemen:
We have acted as bond counsel in connection with the issuance and sale by the City of Fayetteville,
Arkansas ( the “ City”), a political subdivision of the State of Arkansas, of its $171,500,000* Sales and Use Tax
Capital Improvement and Refunding Bonds, Series 2026 (the “ Series 2026 Bonds”).
The Series 2026 Bonds are being issued pursuant to the provisions of the Constitution and laws of the State
of Arkansas, including, particularly, Amendment 62 and Arkansas Code Annotated §§14-164-301 et seq. (as from
time to time amended, the “ Local Government Bonds Act”), pursuant to Ordinance No. ____ of the City, duly
adopted and approved on _________, 2026 (the “Authorizing Ordinance”), and pursuant to a Trust Indenture dated
as of _________1, 2026 ( the “ Indenture”), by and between the City and Simmons Bank, as trustee ( the “ Trustee”).
Reference is hereby made to the Indenture and to all indentures supplemental thereto for the provisions, among
others, with respect to the conditions for the issuance of parity indebtedness by the City, with respect to the nature
and extent of the security for the Series 2026 Bonds, the rights, duties and obligations of the City, the Trustee and
the Holders of the Series 2026 Bonds, and the terms upon which the Series 2026 Bonds are issued and secured.
At a special election held March 3, 2026, called in accordance with the Local Government Bond Act
pursuant to Ordinance No. 6920 of the City, adopted on October 21, 2025 (the “Election Ordinance”), the issuance
of the Series 2026 Bonds was approved by a majority of the qualified electors of the City voting on each of the nine
questions set forth on the ballot in the respective principal amounts and for the specified purposes therein described.
Reference is made to an opinion of even date herewith of Kit Williams, Esq., City Attorney, a copy of
which is on file with the Trustee, with respect, among other matters, to the status and valid existence of the City, the
power of the City to adopt the Election Ordinance and the Authorizing Ordinance and to enter into and perform its
obligations under the Indenture, the valid adoption of the Election Ordinance and the Authorizing Ordinance, and
the due authorization, execution and delivery of the Indenture by the City, and with respect to the Indenture being
enforceable upon the City.
Preliminary; subject to change.
We have examined the law and such certified proceedings and other papers as we have deemed necessary
to render this opinion. As to questions of fact material to our opinion, we have relied upon the representations of the
City contained in the Election Ordinance, the Authorizing Ordinance and the Indenture and in the certified
proceedings and other certifications of public officials furnished to us, without undertaking to verify the same by
independent investigation.
Based upon the foregoing, we are of the opinion, under existing law, as follows:
1. The City is duly created and validly existing as a municipal corporation of the State of Arkansas.
Pursuant to the Constitution and laws of the State of Arkansas, including, particularly, Amendment 62 and the Local
Government Bond Act, the City is empowered to adopt the Election Ordinance and the Authorizing Ordinance, to
execute and deliver the Indenture, to perform the agreements on its part contained therein, and to issue the Series
2026 Bonds.
2. The Authorizing Ordinance has been duly adopted by the City and constitutes a valid and binding
obligation of the City enforceable upon the City in accordance with its terms.
3. The Indenture has been duly authorized, executed and delivered by the City and is a valid and
binding obligation of the City enforceable upon the City in accordance with its terms.
4. The Series 2026 Bonds are payable from and equally and ratably secured by a valid lien on and
pledge of the Trust Estate ( as defined in the Indenture), including receipts of the 1.00% Sales and Use Tax ( as
defined in the Indenture), in the manner and to the extent provided in the Indenture. The City is duly authorized to
pledge such Trust Estate, and no further action on the part of the City or any other party is required to perfect the
same or the interest of the owners of the Series 2026 Bonds therein.
5. The Sales and Use Tax has been validly adopted in accordance with the Constitution and laws of
the State of Arkansas, including Amendment 62 and the Local Government Bond Act, and may be validly pledged
to secure the Series 2026 Bonds. As provided in the Local Government Bond Act, levy and collection of the Sales
and Use Tax will commence on and as of the date of expiration of the Prior Tax ( as defined in the Election
Ordinance).
6. Interest on the Series 2026 Bonds (including any original issue discount properly allocable to the
owner of a Series 2026 Bond) is excludable from gross income for federal income tax purposes and is not a specific
preference item for purposes of the federal alternative minimum tax imposed on individuals. The opinions described
in the preceding sentence assume the accuracy of certain representations and compliance by the City with covenants
designed to satisfy the requirements of the Internal Revenue Code of 1986, as amended ( the “ Code”), that must be
met subsequent to the issuance of the Series 2026 Bonds. Failure to comply with such requirements could cause
interest on the Series 2026 Bonds to be included in gross income for federal income tax purposes retroactive to the
date of issuance of the Series 2026 Bonds. The City has covenanted to comply with such requirements. We express
no opinion regarding other federal tax consequences arising with respect to the Series 2026 Bonds.
7. The interest on the Series 2026 Bonds is exempt from all state, county and municipal taxes in the
State of Arkansas.
8. The Series 2026 Bonds are exempt from registration pursuant to the Securities Act of 1933, as
amended, and the Indenture is not required to be qualified under the Trust Indenture Act of 1939, as amended, in
connection with the offer and sale of the Series 2026 Bonds.
It is to be understood that the rights of the registered owners of the Series 2026 Bonds and the
enforceability of the Series 2026 Bonds, the Authorizing Ordinance and the Indenture may be subject to bankruptcy,
insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights heretofore or hereafter
enacted to the extent constitutionally applicable and that their enforcement may also be subject to the exercise of
judicial discretion in appropriate cases.
Very truly yours,
APPENDIX B
DEFINITIONS OF CERTAIN TERMS
The following are definitions of certain terms used in this Official Statement:
Account” means an Account established by Article V of the Indenture.
Act” or “ Local Government Bond Act” means the Local Government Bond Act of 1985, codified as
Arkansas Code Annotated Sections 14-164-301 et seq., as from time to time amended.
Additional Bonds” means Bonds in addition to the Series 2026 Bonds which are issued under the
provisions of the Indenture.
Amendment 62” means Amendment No. 62 to the Constitution of Arkansas, approved by the voters of the
State on November 6, 1984.
Annual Debt Service” means, with respect to all or any particular amount of Bonds, the Debt Service for
any particular Fiscal Year required to be paid or set aside during such Fiscal Year, less the amount of such payment
which is provided from the proceeds of Bonds or from sources other than Sales and Use Tax receipts.
Aquatics/Recreation Center Project” means the design, construction and equipping of a City
aquatics/recreation center, including land acquisition and ancillary improvements, as described in the Election
Ordinance and eligible for financing with the proceeds of the Bonds in aggregate principal amount not to exceed
61,900,000.
Animal Services Facility Project” means the design, construction and equipping of a City animal services
facility, including land acquisition and ancillary improvements, as described in the Election Ordinance and eligible
for financing with the proceeds of the Bonds in aggregate principal amount not to exceed $18,100,000.
Authorized Representative” means either the Mayor or the Chief Financial Officer of the City and such
additional persons as from time to time may be designated to act on behalf of the City by a Certificate furnished to
the Trustee containing the specimen signature thereof and executed on behalf of the City by its Mayor.
Authorizing Ordinance” means Ordinance No. ______,adopted by the City on ___________, 2026, which
authorized the issuance of the Series 2026 Bonds pursuant to the Indenture.
Beneficial Owner” means any Person who acquires beneficial ownership interest in a Bond held by the
Securities Depository. In determining the Beneficial Owner of any Bond, the Trustee may rely exclusively upon
written representations made and information given to the Trustee by the Securities Depository or its Participants
with respect to any Bond held by the Securities Depository in which a beneficial ownership interest is claimed.
Bond Counsel” means any firm of nationally recognized municipal bond counsel selected by the City and
acceptable to the Trustee.
Bond Fund” means the fund by that name created and established in the Indenture.
Bonds” means the Series 2026 Bonds and all Additional Bonds issued by the City pursuant to the
Indenture.
Book-Entry System” means the book-entry system maintained by the Securities Depository and described
in the Indenture.
Business Day” means any day other than (a) a Saturday or Sunday, (b) a day on which commercial banks
in New York, New York, or the city in which the principal corporate trust office of the Trustee is located are
authorized or required by law or executive order to close, or (c) a day on which the New York Stock Exchange or
the Securities Depository is closed.
Certificate” means a document signed by an Authorized Representative of the City attesting to or
acknowledging the circumstances or other matters therein stated.
City” means the City of Fayetteville, Arkansas, a municipality and political subdivision under the laws of
the State of Arkansas.
City Clerk” means the person holding the office and performing the duties of the City Clerk of the City.
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Closing Date” means, with respect to any series of Bonds, the date upon which there is an exchange of
such series of Bonds for the proceeds representing the purchase price for such series of Bonds by the Original
Purchaser or Purchasers thereof.
Code” means the Internal Revenue Code of 1986, as from time to time amended, and applicable
regulations issued or proposed thereunder.
Completion Date” means the date upon which a particular Project ( or portion thereof) is first ready for
normal continuous operation, as determined by the City’s Chief Financial Officer.
Continuing Disclosure Agreement” means, collectively, each Continuing Disclosure Agreement between
City and the Dissemination Agent, dated the date of issuance and delivery of a series of Bonds, as originally
executed and as amended from time to time in accordance with the terms thereof.
Costs of Issuance” means all items of expense payable or reimbursable directly or indirectly by the City
and related to the authorization, sale and issuance of the Bonds, including, but not limited to, underwriting
discounts, fees and expenses, election expenses, publication expenses, expenses of printing, reproducing, filing and
recording documents, initial fees and charges of the Trustee and any Paying Agent, fees and expenses for legal,
accounting and other professional services, rating fees, costs of securing any credit enhancement for the Bonds,
costs of execution, transportation and safekeeping of the Bonds, and other costs, charges and fees incurred in
connection with the foregoing.
Costs of Issuance Fund” means the fund by that name created and established in the Indenture.
Debt Service” means, with respect to all or any particular amount of Bonds, the total as of any particular
date of computation and for any particular period of the scheduled amount of interest and amortization of principal
payable on such Bonds, excluding amounts scheduled during such period which relate to principal which has been
retired before the beginning of such period.
Dissemination Agent” means the entity named as dissemination agent in each Continuing Disclosure
Agreement entered into in connection with the issuance of a series of Bonds.
Election Ordinance” means Ordinance No. 6920, adopted by the City Council on October 21, 2025,
pursuant to which there was submitted to the qualified electors of the City the nine questions relating to the issuance
of the Bonds.
Event of Default” means any event of default specified in Section 801 of the Indenture.
Existing Tax” means the one percent ( 1.00%) city-wide sales and use tax authorized by the Act and
presently being levied and collected within the City for the purpose of securing the payment of the Prior Bonds.
Fire Department Project” means (i) the design, construction and equipping of a fire training facility, (ii)
land acquisition, design, construction and equipping of a fire station, (iii) the acquisition of firefighting vehicles,
equipment and apparatus, and ( iv) other ancillary improvements, all as described in the Election Ordinance and
eligible for financing with the proceeds of the Bonds in aggregate principal amount not to exceed $18,650,000.
Fiscal Year” means the 12-month period used, at any time, by the City for accounting purposes, which
may be the calendar year.
Fund” means a fund established by the Indenture.
Government Securities” means ( a) direct obligations ( other than an obligation subject to variation in
principal repayment) of the United States of America, ( b) obligations fully and unconditionally guaranteed as to
timely payment of principal and interest by the United States of America, (c) obligations fully and unconditionally
guaranteed as to timely payment of principal and interest by any agency or instrumentality of the United States of
America when such obligations are backed by the full faith and credit of the United States of America, or ( d)
evidences of ownership of proportionate interests in future interest and principal payments on obligations described
above held by a bank or trust company as custodian, under which the owner of the investment is the real party in
interest and has the right to proceed directly and individually against the obligor and the underlying government
obligations are not available to any person claiming through the custodian or to whom the custodian may be
obligated.
Holder” or “Bondholder” or “owner of the Bonds” means the registered owner of any Bond.
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Indenture” means the Trust Indenture dated as of ___________1, 2026, between the City and the Trustee,
pursuant to which the Bonds are issued, and any amendments and supplements thereto.
Investment Securities” means, if and to the extent the same are at the time legal for investment of Funds
and Accounts held under the Indenture:
a) cash (fully insured by the Federal Deposit Insurance Corporation);
b) Government Securities;
c) Federal Housing Administration debentures;
d) The obligations of the following government-sponsored agencies which are not backed
by the full faith and credit of the United States of America:
1) Federal Home Loan Mortgage Corporation ( FHLMC) senior debt obligations and
Participation certificates ( excluded are stripped mortgage securities which are
purchased at prices exceeding their principal amounts);
2) Farm Credit System ( formerly Federal Land Banks, Federal Intermediate Credit
Banks and Banks for Cooperatives) consolidated system-wide bonds and notes;
3) Federal Home Loan Banks (FHL Banks) consolidated debt obligations; and
4) Federal National Mortgage Association ( FNMA) senior debt obligations and
mortgage-backed securities ( excluded are stripped mortgage securities which are
purchased at prices exceeding their principal amounts);
e) Unsecured certificates of deposit, time deposits, and bankers' acceptances ( having
maturities of not more than 365 days) of any bank the short-term obligations of which are rated “ A-1+” or
better by S& P and “ Prime-1” by Moody’ s;
f) Deposits the aggregate amount of which are fully insured by the Federal Deposit
Insurance Corporation, in banks which have capital and surplus of at least $15 million;
g) Commercial paper ( having original maturities of not more than 270 days) rated “ A-1+”
by S& P and “ Prime-1” by Moody's;
h) Money market funds rated “ Aam” or “ AAm-G” by S& P, or better and if rated by
Moody’ s rated “ Aa2” or better;
i) “ State Obligations”, which means:
1) Direct general obligations of any state of the United States of America or any
subdivision or agency thereof to which is pledged the full faith and credit of a
state the unsecured general obligation debt of which is rated at least “ A3” by
Moody's and at least “ A-” by S& P, or any obligation fully and unconditionally
guaranteed by any state, subdivision or agency whose unsecured general
obligation debt is so rated;
2) Direct general short-term obligations of any state agency or subdivision or
agency thereof described in (a) above and rated “ A-1+” by S& P and “ MIG-1”
by Moody's; and
3) Special Revenue Bonds ( as defined in the United States Bankruptcy Code) of
any state or state agency described in (b) above and rated “ AA-” or better by
S& P and “ Aa3” or better by Moody's;
j) Pre-refunded municipal obligations rated “ AAA” by S& P and “ Aaa” by Moody's meeting
the following requirements:
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1) the municipal obligations are ( 1) not subject to redemption prior to maturity or
2) the trustee for the municipal obligations has been given irrevocable
instructions concerning their call and redemption and the issuer of the municipal
obligations has covenanted not to redeem such municipal obligations other than
as set forth in such instructions;
2) the municipal obligations are secured by cash or U.S. Treasury Obligations
which may be applied only to payment of the principal of, interest and premium
on such municipal obligations;
3) the principal of and interest on the U.S. Treasury Obligations ( plus any cash in
the escrow) has been verified by the report of independent certified public
accountants to be sufficient to pay in full all principal of, interest, and premium,
if any, due and to become due on the municipal obligations (“ Verification
Report”);
4) the cash or U.S. Treasury Obligations serving as security for the municipal
obligations are held by an escrow agent or trustee in trust for owners of the
municipal obligations;
5) no substitution of a U.S. Treasury Obligation shall be permitted except with
another U.S. Treasury Obligation and upon delivery of a new Verification
Report; and
6) the cash or U.S. Treasury Obligations are not available to satisfy any other
claims, including those by or against the trustee or escrow agent.
Mayor” means the person holding the office and performing the duties of the Mayor of the City.
Original Purchaser” means the first purchaser(s) of a series of the Bonds from the City.
Outstanding” means, as of any date of computation, Bonds theretofore or thereupon being delivered under
the Indenture, except:
a) Bonds cancelled at or prior to such date or delivered to or acquired by the Trustee at or
prior to such date for cancellation;
b) Bonds deemed to be paid in accordance with Article VII of the Indenture; and
c) Bonds in lieu of or in exchange or substitution for which other Bonds shall have been
authenticated and delivered pursuant to the Indenture.
Parks System Project” means the design, construction and equipping of various City parks system
improvements and ancillary improvements, as described in the Election Ordinance and eligible for financing with
the proceeds of the Bonds in aggregate principal amount not to exceed $25,500,000.
Participants” means those financial institutions for whom the Securities Depository effects book-entry
transfers and pledges of securities deposited with the Securities Depository in the Book-Entry System, as such
listing of Participants exists at the time of such reference.
Paying Agent” means any bank or trust company named by the City as the place at which the principal of
and premium, if any, and interest on the Bonds are payable.
Person” means any natural person, firm, association, corporation, limited liability company, partnership,
joint stock company, joint venture, trust, unincorporated organization or firm, or a government or any agency or
political subdivision thereof or other public body.
Prior Bonds” means, collectively, (i) the City’s Sales and Use Tax Capital Improvement Bonds, Series
2022, and (ii)the City’s Sales and Use Tax Capital Improvement Bonds, Series 2024.
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Projects” means, collectively, the Water/Wastewater System Project, the Parks System Project, the
Animal Services Facility Project, the Trails System Project, the Transportation System Project, the Sustainability
Project, the Aquatics/Recreation Center Project and the Fire Department Project.
Project Costs” means, to the extent permitted by the Act or other applicable laws, with respect to the
Projects, all costs of planning, designing, purchasing, acquiring, constructing, improving, enlarging, extending,
repairing, financing and placing in operation, including obtaining governmental approvals, certificates, permits and
licenses with respect thereto, heretofore or hereafter paid or incurred by or on behalf of the City and which shall
include, but shall not be limited to:
a) interest accruing in whole or in part on the Bonds prior to and during construction of the
Projects, including all amounts required by the Indenture to be paid from the proceeds of the Bonds into the
Bond Fund;
b) preliminary investigation and development costs, engineering fees, contractors’ fees,
labor costs, the cost of materials, equipment, utility services and supplies, costs of obtaining permits,
licenses and approvals, costs of real property, insurance premiums, legal and financing fees and costs,
administrative and general costs, and all other costs properly allocable to the acquisition, construction and
equipping of the Projects and placing the same in operation;
c) all costs relating to injury and damage claims arising out of the acquisition, construction
or equipping of the Projects;
d) all other costs incurred in connection with, and properly allocable to, the acquisition,
construction and equipping of the Projects; and
e) amounts to pay or reimburse the City or any City fund for expenses of the City incident
and properly allocable to such planning, designing, purchasing, acquiring, constructing, improving,
enlarging, extending, repairing, financing and placing in operation of the Projects.
Project Fund” means the fund by that name created and established in the Indenture.
Rating Agency” means Moody’ s Investors Service, S& P Global Ratings, a business unit of Standard &
Poor’ s Financial Services LLC, or Fitch, Inc., and their respective successors and assigns. If any such corporation
ceases to act as a securities rating agency, the City may appoint any nationally recognized securities rating agency as
a replacement.
Rebate Fund” means the fund by that name created and established in the Indenture.
Record Date” means the fifteenth day of the calendar month preceding the calendar month in which an
interest payment date on the Bonds occurs.
Redemption Fund” means the fund by that name established in the Indenture.
Requisition” means a written requisition of the City, consecutively numbered, signed by an Authorized
Representative including, without limitation, the following with respect to each payment requested:
i) the particular Project to which it relates;
ii) the name of the Person or party to whom payment is to be made and the purpose of the
payment;
iii) the amount to be paid thereunder;
iv) that such amount has not been previously paid by the City and is justly due and owing to
the Person(s) named therein as a proper payment or reimbursement of a Project Cost; and
v) that no Event of Default exists under the Indenture and that, to the knowledge of the
Authorized Representative, no event has occurred and continues which with notice or lapse of time or both
would constitute an Event of Default under the Indenture.
Revenue Fund” means the fund by that name created and established in the Indenture.
Sales and Use Tax” means the one percent ( 1.00%) city-wide sales and use tax authorized under the Act
which has been levied within the City pursuant to the Election Ordinance and approved by the voters of the City, the
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collection of which tax will commence on the first day following the date of expiration of the Existing Tax securing
the Prior Bonds. Receipts of the Sales and Use Tax are pledged to the payment of Debt Service on the Bonds.
Securities Depository” means The Depository Trust Company, New York, New York, or its nominee, and
its successors and assigns, or any other depository institution appointed by the City or the Trustee to act as
depository for the Bonds in connection with the Book-Entry System.
Series 2026 Bonds” means the City’s Sales and Use Tax Capital Improvement and Refunding Bonds,
Series 2026, issued under and secured by this Indenture in the aggregate principal amount of $171,500,000*.
State” means the State of Arkansas.
Supplemental Indenture” means any indenture supplemental to or amendatory of the Indenture.
Surplus Tax Receipts” shall have the meaning ascribed to such term in Section 503 of the Indenture.
Sustainability Project” means land acquisition and the design, construction and equipping of a City
recycling drop-off facility and a City household hazardous waste facility and ancillary improvements, as described
in the Election Ordinance and eligible for financing with the proceeds of the Bonds in aggregate principal amount
not to exceed $1,050,000.
Tax Regulatory Agreement” means with respect to any series of tax-exempt Bonds, that Tax Regulatory
Agreement of the City relating to maintenance of the excludability of interest on such Bonds from gross income for
federal income tax purposes, delivered in connection with the issuance of such series of Bonds.
Trails System Project” means the design, construction, reconstruction, extension, resurfacing and
equipping of certain City trails system improvements, and ancillary improvements related thereto, as described in
the Election Ordinance and eligible for financing with the proceeds of the Bonds in aggregate principal amount not
to exceed $3,800,000.
Transportation System Project” means right-of-way acquisition, planning, design, construction,
reconstruction, repair, resurfacing, straightening and width modification of certain City streets and other
transportation-related improvements, and ancillary improvements related thereto, as described in the Election
Ordinance and eligible for financing with the proceeds of the Bonds in aggregate principal amount not to exceed
56,000,000.
Trustee” means the banking corporation or association designated as Trustee in the Indenture, and its
successor or successors as such Trustee. The original Trustee is Simmons Bank, Pine Bluff, Arkansas.
Trust Estate” means the property described in the granting clauses of the Indenture.
Water/Wastewater System Project” means repairs to and rehabilitation of the City’s water system and
upgrades to and rehabilitation of the City’s Noland Wastewater Treatment Plant, as described in the Election
Ordinance and eligible for financing with the proceeds of the Bonds in aggregate principal amount not to exceed
150,500,000.
Preliminary; subject to change.
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APPENDIX C
THE SALES AND USE TAX
Sales Tax. The sales tax portion of the Sales and Use Tax is generally levied upon the gross proceeds and
receipts derived from all sales to any Person within the City of the following: [TO BE UPDATED]
a) Tangible personal property;
b) Specified digital products;
c) Digital codes;
d) Natural or artificial gas, electricity, water, ice, steam, or any other tangible personal property sold
as a utility or provided as a public service;
e) Any intrastate, interstate, and international telecommunications service that is sourced in the State,
any ancillary service, and any installation, maintenance, or repair service of telecommunications equipment;
f) Service of furnishing rooms, suites, condominiums, townhouses, rental houses, or other
accommodations by hotels, apartment hotels, lodging houses, tourist camps, tourist courts, property management
companies, accommodations intermediaries, or any other provider of accommodations to transient guests;
g) Service of cable television, community antenna television, and any and all other distribution of
television, video, or radio services with or without the use of wires provided to subscribers, paying customers or
users, including all service charges and rental charges, and including installation and repair service charges and any
other charges having any connection with the providing of the said services; provided, however, sales taxes are not
levied on services purchased by radio or television providers for use in providing their services;
h) Service of initial installation, alteration, addition, cleaning, refinishing, replacement, and repair of
motor vehicles, aircraft, farm machinery and implements, motors of all kinds, tires and batteries, boats, electrical
appliances and devices, furniture, rugs, flooring, upholstery, household appliances, televisions and radios, jewelry,
watches and clocks, engineering instruments, medical and surgical instruments, machinery of all kinds, bicycles,
office machines and equipment, shoes, tin and sheet metal, mechanical tools, and shop equipment; however, the tax
does not apply to (A) the repair or maintenance of railroad parts, railroad cars, and equipment brought into the City
solely and exclusively for the purpose of being repaired, refurbished, modified, or converted within the City;
B) services performed on watches and clocks which are received by mail or common carrier from outside the State
and which, after the service is performed, are returned to points outside the State; ( C) the service of alteration,
addition, cleaning, refinishing, replacement or repair of commercial jet aircraft or commercial jet aircraft
components or subcomponents; ( D) the repair or remanufacture of industrial metal rollers or platens that have a
remanufactured nonmetallic material covering on all or a part of the roller or platen surface which are brought into
the State solely and exclusively for the purpose of being repaired or remanufactured in this State and are then
shipped back to the state of origin; (E) services performed by a temporary or leased employee or other contract
laborer on items owned or leased by the employer; or ( F) the initial installation, alteration, addition, cleaning,
refinishing, replacement or repair of nonmechanical, passive or manually operated components of buildings or other
improvements or structures affixed to real estate;
i) Service of providing transportation or delivery of money, property or valuables by armored car;
service of providing cleaning or janitorial work; service of pool cleaning and servicing; pager services; telephone
answering services; landscaping and non-residential lawn care services; service of parking a motor vehicle or
allowing a motor vehicle to be parked; service of storing a motor vehicle; service of storing furs; service of
providing indoor tanning at a tanning salon; wrecker and towing services; service of collecting and disposing of
solid waste; parking lot and gutter cleaning services; dry cleaning and laundry services; industrial laundry services;
body piercing, tattooing, and electrolysis services; pest control services; security and alarm monitoring services;
boat storage and docking fees; service of furnishing camping spaces or trailer spaces at public or privately owned
campgrounds, except for federal campgrounds, on less than a month-to-month basis; locksmith services; and pet
grooming and kennel services;
j) Printing of all kinds, types, and characters, including the service of overprinting, and photography
of all kinds;
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k) Tickets or admissions to places of amusement, or to athletic, entertainment or recreational events,
or fees for access to or the use of amusement, entertainment, athletic or recreational facilities; provided, however,
sales taxes are not levied on membership dues paid to a hunting or fishing club that are paid to obtain access to land
for the primary purpose of hunting or fishing;
l) Dues and fees to health spas, health clubs, and fitness clubs; and dues and fees to private clubs
which hold any permit from the Alcoholic Beverage Control Board allowing the sale, dispensing, or serving of
alcoholic beverages of any kind on the premises; provided, however, sales taxes are not levied on membership dues
paid to a hunting or fishing club that are paid to obtain access to land for the primary purpose of hunting or fishing;
m) Beer, wine, liquor, or any intoxicating beverages;
n) Proceeds derived from the business of owning, operating, or leasing of coin-operated pinball
machines, coin-operated music machines, coin-operated mechanical games, and similar devices;
o) Contracts, including service contracts, maintenance agreements and extended warranties, which in
whole or in part provide for the future performance of or payment for services which are subject to the sales tax;
p) Any device used in playing bingo and any charge for admittance to facilities or for the right to
play bingo or other games of chance;
q) Computer software, including prewritten computer software, but not proceeds from the sale of a
software maintenance contract;
r) Service of repairing or maintaining computer equipment or hardware;
s) Prepaid calling service or a prepaid wireless calling service and the recharge of a prepaid calling
service or a prepaid wireless calling service;
t) Lease or rental of a portable toilet on a short-term or a long-term basis, and any service associated
with the lease or rental of a portable toilet provided by the lessor or otherwise;
u) Fishing guide services;
v) New or used heavy equipment; and
w) Withdrawals from stock.
Exemptions from Sales Tax. As summarized below, several types of transactions have been exempted from
the sales tax by the General Assembly of the State. Some of the current exemptions include the sale of:
a) Tangible personal property, specified digital products, a digital code, or services by churches,
except where such organizations may be engaged in business for profit;
b) Tangible personal property, specified digital products, a digital code, or services by charitable
organizations, except where such organizations may be engaged in business for profit;
c) Foodstuffs in public, common, high school, or college cafeterias and lunch rooms operated
primarily for teachers and pupils, and not operated primarily for the public or for profit;
d) Newspapers;
e) Property or services to the United States Government; motor vehicles and adaptive equipment to
disabled veterans who have purchased said vehicles or adaptive equipment with financial assistance of the United
States Department of Veterans Affairs; specified digital products, digital code, or tangible personal property to and
leasing to the Salvation Army, Heifer Project International, Inc., Habitat for Humanity, Arkansas Symphony
Orchestra Society, Inc., the Arkansas Black Hall of Fame Foundation, Inc., the Arkansas Scent Dog Association,
Inc., the Boy Scouts of America, the Girl Scouts of America or any of the Scout Councils in the State, to the Boys &
Girls Club of America, to the Poets’ Roundtable of Arkansas, to 4-H Clubs and FFA Clubs, to the Arkansas 4-H
Foundation, to the Arkansas Future Farmers of America Foundation, to the Arkansas Future Farmers of America
Association, to a parent teacher organization, a parent teacher association, or a similar nonprofit organization that is
affiliated with a public school, and to the Disabled American Veterans Organization;
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f) Gasoline or motor vehicle fuel on which the motor vehicle fuel or gasoline tax has been paid to the
State; special fuel or petroleum products sold for consumption by vessels, barges, and other commercial watercraft
and railroads; dyed distillate special fuel on which a tax has been paid; and biodiesel fuel;
g) Property resales to persons regularly engaged in the business of reselling the articles purchased;
h) Advertising space in newspapers and publications, billboard advertising services, and advertising
on public transit buses;
i) Publications sold through regular subscription;
j) Gate admission at State, district, county, or township fairs or at any rodeo if the receipts derived
from gate admissions to the rodeo are used exclusively for the improvement, maintenance, and operation of such
rodeo, and if no part of the net earnings thereof inures to the benefit of any private stockholder or individual;
k) Property or services which the State is prohibited by the United State Constitution and the laws of
the United States or by the Arkansas Constitution from taxing or further taxing;
l) Isolated sales not made by an established business;
m) Cotton, seed cotton, lint cotton, baled cotton, whether compressed or not, or cotton seed in its
original condition; seed for use in commercial production of an agricultural product or of seed; raw products from
the farm, orchard, or garden, when the sale is made by the producer of the raw products directly to the consumer and
user; livestock, poultry, poultry products, and dairy products of producers owning not more than five cows; and
baby chickens;
n) Foodstuffs to governmental agencies for free distribution to any public, penal, and eleemosynary
institutions or for free distribution to the poor and needy;
o) Rental or sale of medical equipment, for the benefit of persons enrolled in and eligible for
Medicare or Medicaid programs;
p) Tangible personal property, specified digital products, digital code, or services provided to any
hospital or sanitarium operated for charitable and nonprofit purposes or any nonprofit organization whose sole
purpose is to provide temporary housing to the family members of patients in a hospital or sanitarium;
q) Used tangible personal property when the used property was ( 1) traded in and accepted by the
seller as part of the sale of other tangible personal property; and (2) the Arkansas Gross Receipts Tax was collected
and paid on the total amount of consideration for the sale of the other tangible personal property without any
deduction or credit for the value of the used tangible personal property; provided, however, this exemption does not
apply to transactions involving used automobiles or used aircraft;
r) Unprocessed crude oil;
s) Tangible personal property consisting of machinery and equipment used directly in producing,
manufacturing, fabricating, assembling, processing, finishing, or packaging of articles of commerce at (i)new
manufacturing or processing plants or facilities in the State or (ii)existing manufacturing or processing plants or
facilities in the State if the tangible personal property is used to replace existing machinery and equipment at such
plant or facilities;
t) Property consisting of machinery and equipment required by State or federal law or regulations to
be installed and utilized by manufacturing or processing plants or facilities, cities or towns in the State in order to
prevent or reduce air and/or water pollution or contamination;
u) Electricity used in the manufacture of aluminum metal by the electrolytic reduction process;
v) Articles sold on the premises of the Arkansas Veterans Home;
w) Automobile parts which constitute “ core charges,” which are received for the purpose of securing
a trade-in for the article purchased;
x) Tangible personal property lawfully purchased with food stamps, food coupons, food instruments
or vouchers in connection with certain Federal programs;
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y) Parts or other tangible personal property incorporated into or which become a part of commercial
jet aircraft components or subcomponents, and the services required to incorporate the parts or other tangible
personal property into a part of commercial jet aircraft components or subcomponents;
z) Transfer of fill material by a business engaged in transporting or delivering fill material;
aa) Long-term leases, thirty (30) days or more, of commercial trucks used for interstate transportation
of goods under certain conditions;
bb) Catalysts, chemicals, reagents, and solutions which are consumed or used in producing,
manufacturing, fabricating, processing or finishing articles of commerce at manufacturing or processing plants in the
State, and by manufacturing or processing plants or facilities in the State to prevent or reduce air or water pollution
or contamination;
cc) Fuel packaging materials sold to persons engaged in the business of processing hazardous and
non-hazardous waste materials into fuel products at an approved site, and machinery and equipment, including
analytical equipment and chemicals used directly in processing hazardous and non-hazardous waste materials into
fuel products at an approved site;
dd) Goods, wares, merchandise, or tangible personal property withdrawn or used from an established
business or from the stock in trade of established reserves for consumption or use in an established business or by
any other person if the goods, wares, merchandise or other tangible personal property withdrawn or used is donated
to a National Guard Member, emergency service worker, or volunteer providing services to a county which has been
declared a disaster area by the Governor;
ee) Tangible personal property, specified digital products, or digital code sold by or to a car wash
operator for use in an automatic car wash, a car wash tunnel, or a self-service bay or as part of an ancillary service;
services to a car wash operator; and ancillary services by a car wash operator;
ff) Tangible personal property sold at a concession stand operated by a nonprofit youth organization
if all of the proceeds go to that organization;
gg) New and used farm machinery and equipment;
hh) Feedstuffs used in the commercial production of livestock or poultry;
ii) Agricultural fertilizer, agricultural limestone, agricultural chemicals and water purchased from a
public surface-water delivery project to reduce or replace water used for in-ground irrigation or to reduce depletion
of groundwater for agriculture;
jj) Prescription drugs by licensed pharmacists, hospitals or physicians, and oxygen sold for human
use on prescription of a licensed physician;
kk) Vessels, barges and towboats of at least fifty (50) tons load displacement and parts and labor used
in the repair and construction of the same;
ll) Bagging and other packaging and tie materials sold to and used by cotton gins in the State for
packaging and/or tying baled cotton, twine which is used in the production of tomato crops, and expendable supplies
for farm machinery used for baling, tying, wrapping, or sealing animal feed products;
mm) Aircraft held for resale and used for rental or charter, whether by a business or an individual for a
period not to exceed one year from the date of purchase of aircraft;
nn) Motor vehicles sold to municipalities, counties, school districts, and State supported colleges and
universities;
oo) School buses sold to school districts and, in certain cases, to other purchasers providing school bus
service to school districts;
pp) Sale of tickets or admissions, by municipalities and counties, to places of amusement, to athletic
entertainment, recreational events, or fees for the privilege of having access to or the use of amusement,
entertainment, athletic or recreational facilities, including free or complimentary passes, tickets, admissions, dues or
fees;
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qq) Tickets for admission to athletic events and interscholastic activities of public and private
elementary and secondary schools in the State and tickets for admission to athletic events at public and private
colleges and universities in the State;
rr) Property or sales to all orphans’ homes, or children's homes, which are not operated for profit and
whether operated by a church, religious organization or other benevolent charitable association;
ss) Property or services to humane societies which are not operated for profit;
tt) New automobiles to a veteran of the United States Armed Services who is blind as a result of a
service connected injury;
uu) The first 500 kilowatt hours of electricity per month and the total franchise taxes billed to each
residential customer whose household income is less than $12,000 per year;
vv) Motor fuels to owners or operators of motor buses operated on designated streets according to
regular schedule and under municipal franchise which are used for municipal transportation purposes;
ww) Insulin and test strips for testing blood sugar levels in humans;
xx) New motor vehicles purchased by nonprofit organizations and used for the performance of
contracts with the Department of Human Services, and new motor vehicles purchased with Federal Transit
Administration funds if (i)the vehicles meet minimum specifications of State purchasing law, and (ii)the vehicles
are used for transportation under the Department of Human Services' programs for the aging, disabled, mentally ill,
and children and family services;
yy) Foodstuffs to nonprofit agencies;
zz) Tangible personal property consisting of forms constructed of plaster, cardboard, fiberglass,
natural fibers, synthetic fibers, or composites and which are destroyed or consumed during the manufacture of the
item;
aaa) Natural gas used as a fuel in the process of manufacturing glass;
bbb) Sales to the Community Service Clearinghouse, Inc. of Fort Smith;
ccc) Substitute fuel used in producing, manufacturing, fabricating, assembling, processing, finishing, or
packaging of articles of commerce at manufacturing facilities or processing plants in the State;
ddd) Railroad rolling stock manufactured for use in transporting persons or property in interstate
commerce;
eee) Parts or other tangible personal property which become a part of railroad parts, railroad cars and
equipment brought into the State for the purpose of being repaired, refurbished, modified or converted within the
State;
fff) Gas produced from biomass and sold for the purpose of generating steam, hot air or electricity to
be sold to the gas producer;
ggg) Machinery, new and used equipment, and related attachments that are sold to or used by a person
engaged primarily in the harvesting of timber;
hhh) Prescriptive durable medical equipment, mobility enhancing equipment, prosthetic devices, and
disposable medical equipment;
iii) Fire protection and emergency equipment to be owned by and exclusively used by a volunteer fire
department, and supplies and materials to be used in the construction and maintenance of volunteer fire departments;
jjj) Electricity and natural gas to qualified steel, wall and floor tile manufacturers;
kkk) Certain new and used trucks to be engaged in interstate commerce;
lll) Textbooks, library book and other instructional materials if purchased by State school districts or
public schools or by the State for free distribution to State school districts or public schools;
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mmm) Electricity used for the production of chlorine and other chemicals using a chlor-alkali
manufacturing process;
nnn) Livestock reproduction equipment and substances;
ooo) Tangible personal property, specified digital products, digital code, or services to a qualified
museum or its contractor or agent if such property is to be used in the construction, repair, expansion, or operation of
the qualified museum facility;
ppp) Natural gas and electricity in the manufacturing of tires;
qqq) Thermal imaging equipment purchased by a county government for use by law enforcement
aircraft;
rrr) During the first weekend in August of each year only, items of clothing costing less than $100,
clothing accessories and equipment costing less than $ 50, school art supplies, school instructional materials and
school supplies;
sss) Sale, lease or rental of kegs used to sell beer at wholesale by a wholesale manufacturer of beer;
ttt) Electricity, liquefied petroleum gas and natural gas used by grain drying and storage facilities,
qualifying agricultural structures and qualifying aquaculture and horticulture equipment;
uuu) Dental appliances sold to or by dentists, orthodontists, oral surgeons, maxillofacial surgeons and
endodontists;
yyy) A portion of the acquisition price of new manufactured homes and modular homes;
xxx) New and used mobile homes and used manufactured homes and modular homes;
yyy) Telephone instruments sent into the State for refurbishing or repair and then shipped back to the
state of origin;
zzz) Industrial metal rollers sent into the State for refurbishing or repair and then shipped back to the
state of origin;
aaaa) Repair parts and labor for pollution control machinery and equipment;
bbbb) Sales by commercial farmers of certain baling twine, net wrap, silage wrap and similar products;
cccc) Sales of utilities used by qualifying agricultural and horticultural equipment;
dddd) Sales of utilities used by grain drying and storage facilities;
eeee) Sales of a service providing for the electronic transmission of a drug prescription directly to a
pharmacy, including without limitation services provided directly by an electronic prescription technology company
or indirectly through a pharmacy software company or pharmacy management system;
ffff) Sales of aircraft within the State if the aircraft will be based outside of the State;
gggg) Sales of a washer-extractor required by State law to a fire department or intergovernmental council
of a county;
hhhh) Sales of water used exclusively in the operation of a poultry farm;
iiii) Sales of coins or currency or bullion;
jjjj) Sales of new or used mortality composting devices to a person engaged in the commercial
production of livestock or poultry; and
kkkk) Sales of (1) data center equipment; ( 2) eligible data center costs; ( 3) services purchased for the
purpose of and in conjunction with developing, acquiring, constructing, expanding, renovating, refurbishing, and
operating a qualified data center; and (4) electricity used by a qualified data center.
Reference is made to “ The Arkansas Gross Receipts Act of 1941,” Title 26, Chapter 52 of the Arkansas
Code of 1987 Annotated, for more information concerning the sales tax.
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Use Tax. The use tax portion of the Sales and Use Tax is levied on every person for the privilege of
storing, using, distributing or consuming within the State any article of tangible personal property, specified digital
product, digital code or taxable service purchased for storage, use, distribution, or consumption within the State.
The use tax applies to the use, distribution, storage or consumption of every article of tangible personal property,
specified digital product, digital code, or taxable service, except as hereinafter provided. The use tax is levied on the
following described tangible personal property:
a) Property of motor carriers consisting of tractors, trailers, semitrailers, trucks, buses, and other
rolling stock, including replacement tires, used directly in the transportation of persons or property in intrastate or
interstate common carrier transportations;
b) Property (except fuel) of railroads consumed in the operation of railroad rolling stock;
c) Pipelines, including transmission lines and pumping or pressure control equipment used directly in
or connected to the primary pipeline facility engaged in intrastate or interstate common carrier transportation of
property;
d) Property of airlines consisting of airplanes and navigation instruments used directly in or
becoming a part of flight aircraft engaged in the transportation of persons or property in regular scheduled intrastate
or interstate common carrier transportation;
e) Property of public telephone and telegraph companies consisting of exchange equipment, lines,
boards, and all accessory devices used directly in and connected to the primary facility engaged in the transmission
of messages;
f) Property of gas companies consisting of transmission and distribution pipelines and pumping or
pressure control and equipment used in connection therewith used directly in a primary pipeline facility for the
purpose of transporting and delivering natural gas;
g) Property of water companies consisting of transmission and distribution lines, pumping machinery
and controls used in connection therewith and cleaning or treating equipment of a primary water distribution system;
h) Property of public electric power companies consisting of all machinery and equipment including
reactor cores and related accessory devices used in the generation and production of electric power and energy, and
transmission facilities consisting of the lines, including poles, towers, and other supporting structures, transmitting
electric power and energy together with substations located on or attached to such lines;
i) Computer software and the service repairing or maintaining computer equipment or hardware in
any form;
j) Tangible personal property, specified digital products, digital code, and services provided to
financial institutions; and
k) Prepaid calling service or a prepaid wireless calling service and the recharge of a prepaid calling
service or a prepaid wireless calling service.
Exemptions from Use Tax. Some of the property and services exempted from the use tax by the General
Assembly of the State is as follows:
a) Property or services, the storage, use, distribution, or consumption of which the State is prohibited
from taxing under the Constitution or laws of the United States of America or the State;
b) Sales of tangible personal property, specified digital products, digital code, or services on which
the sales tax under the Arkansas Gross Receipts Act of 1941 is levied;
c) Tangible personal property, specified digital products, digital code, and services specifically
exempted from taxation under the Arkansas Gross Receipts Act of 1941;
d) Feedstuffs used in the commercial production of livestock or poultry in the State;
e) Unprocessed crude oil;
f) Machinery and equipment used directly in producing, manufacturing, fabricating, assembling,
processing, finishing, or packaging articles of commerce at manufacturing or processing plants or facilities in the
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State, including facilities and plants for manufacturing feed, processing of poultry and/or eggs and livestock and the
hatching of poultry and such equipment is either ( 1) purchased to create or expand manufacturing or processing
plants in the State, ( 2) purchased to replace existing machinery and used directly in producing, manufacturing,
fabricating, assembling, processing, finishing or packaging of articles of commerce at manufacturing or processing
plants in the State, or ( 3) required by State or federal laws, rules or regulations to be installed and utilized by
manufacturing or processing plants to prevent or reduce air and/or water pollution or contamination;
g) Modular homes constructed with materials on which the sales or use tax has once been paid;
h) Aircraft, aircraft equipment, and railroad parts, cars, and equipment, and tangible personal
property owned or leased by aircraft, airmotive, or railroad companies, brought into the State solely and exclusively
for refurbishing, conversion, or modification within the State and not used or intended for use within the State;
i) Aircraft, aircraft equipment, and railroad parts, cars, and equipment, and tangible personal
property owned or leased by aircraft, airmotive, or railroad companies, brought into the State solely and exclusively
for storage for use outside or inside the State;
j) Vessels, barges, and towboats of at least a fifty-ton load displacement and parts and labor used in
the repair and construction of them;
k) Motor fuels sold to the owners or operators of motor buses operated on designated streets
according to regular schedule, under municipal franchise, which are used for municipal transportation purposes;
l) Agricultural fertilizer, agricultural limestone and agricultural chemicals;
m) All new and used motor vehicles, trailers or semitrailers that are purchased for a total
consideration of less than $4,000;
n) Any tangible personal property, specified digital products, digital code, or taxable services used,
consumed, distributed, or stored in the State upon which a like tax, equal to or greater than the Arkansas
Compensating (Use) Tax, has been paid in another state;
o) Dental appliances sold by or to dentists or certain other professionals;
p) Forms constructed of plaster, cardboard, fiberglass, natural fibers, synthetic fibers, or composites
and which are destroyed or consumed during the manufacture of the item;
q) Natural gas used as fuel in the process of manufacturing glass;
r) Sales to the Community Service Clearinghouse, Inc. of Fort Smith;
s) Foodstuffs to nonprofit agencies;
t) Railroad rolling stock manufactured for use in transporting persons or property in interstate
commerce;
u) Tangible personal property or services to a nonprofit blood donation organization;
v) Prescriptive durable medical equipment, mobility enhancing equipment, prosthetic devices, and
disposable medical equipment;
w) Fire protection and emergency equipment to be owned by and exclusively used by a volunteer fire
department, and supplies and materials to be used in the construction and maintenance of volunteer fire departments;
x) Electricity and natural gas to qualified steel and wall and floor tile manufacturers;
y) Certain new or used trucks to be engaged in interstate commerce;
z) Utilities used by qualifying agricultural or horticultural equipment;
aa) Utilities used by grain drying and storage facilities;
bb) Tangible personal property, specified digital products, digital code, or services to a qualified
museum or its contractor or agent if such property is to be used in the construction, repair, expansion, or operation of
the qualified museum facility; and
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cc) Machinery and equipment purchased to modify, replace, or repair, either in whole or in part,
existing machinery, equipment, molds or dies used directly in producing, manufacturing, fabricating, assembling,
processing, finishing, or packaging articles of commerce at a manufacturing or processing plant or facility in the
State, and services relating to the initial installation, alteration, addition, cleaning, refinishing, replacement, or repair
of such machinery and equipment.
Reference is made to “ The Arkansas Compensation ( Use) Tax Act of 1949,” Title 26, Chapter 53 of the
Arkansas Code of 1987 Annotated, for more information concerning the use tax.
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THIS PAGE INTENTIONALLY BLANK]
KUTAK ROCK LLP
DRAFT 06/18/2026
CITY OF FAYETTEVILLE, ARKANSAS
to
SIMMONS BANK
as Trustee
TRUST INDENTURE
Dated as of ____________1, 2026
Providing for:
City of Fayetteville, Arkansas
Sales and Use Tax Capital Improvement and Refunding Bonds
Series 2026
Prepared by:
Kutak Rock LLP
124 West Capitol Avenue, Suite 2000
Little Rock, Arkansas 72201
4920-7269-1379.2
TABLE OF CONTENTS
This Table of Contents is not a part of the Trust
Indenture and is only for convenience of reference.)
Page No.
Parties .............................................................................................................................................. 1
Recitals ............................................................................................................................................1
Granting Clauses ............................................................................................................................. 3
ARTICLE I
DEFINITIONS
Section 101. Definitions ........................................................................................................4
Section 102. Use of Words .................................................................................................. 13
ARTICLE II
THE BONDS
Section 201. Security for the Bonds ....................................................................................13
Section 202. Authorized Amount ........................................................................................ 14
Section 203. Details of Series 2026 Bonds ..........................................................................14
Section 204. Form of Bonds ................................................................................................ 14
Section 205. Payment .......................................................................................................... 15
Section 206. Execution ........................................................................................................ 15
Section 207. Authentication ................................................................................................15
Section 208. Delivery of the Bonds ..................................................................................... 15
Section 209. Mutilated, Destroyed or Lost Bonds ...............................................................17
Section 210. Registration and Transfer of Bonds ................................................................ 17
Section 211. Cancellation ....................................................................................................18
Section 212. Additional Bonds ............................................................................................ 19
Section 213. Superior Obligations Prohibited .....................................................................19
Section 214. Subordinate Obligations ................................................................................. 19
Section 215. Temporary Bonds ...........................................................................................20
Section 216. Book-Entry Bonds; Securities Depository ..................................................... 20
ARTICLE III
REDEMPTION OF BONDS BEFORE MATURITY
Section 301. Redemption of Series 2026 Bonds .................................................................21
Section 302. Notice ..............................................................................................................23
Section 303. Selection of Bonds to be Redeemed ............................................................... 23
Section 304. Surrender of Bonds Upon Redemption ..........................................................23
Section 305. Redemption in Part ......................................................................................... 24
Section 306. Redemption of Additional Bonds ...................................................................24
ARTICLE IV
GENERAL COVENANTS AND REPRESENTATIONS
Section 401. Payment of Principal, Premium, if any, and Interest ......................................24
Section 402. Performance of Covenants ..............................................................................24
Section 403. Instruments of Further Assurance ...................................................................24
4920-7269-1379.2
Section 404. Recordation and Filing ...................................................................................25
Section 405. Inspection of Books ........................................................................................25
Section 406. Tax Covenants ................................................................................................ 25
Section 407. Trustee’ s and Paying Agent’ s Fees and Expenses .......................................... 25
Section 408. Construction of Projects; Certification of Completion Dates ......................... 25
Section 409. Encumbrances ................................................................................................. 26
Section 410. Continuing Disclosure .................................................................................... 26
ARTICLE V
FUNDS AND DEPOSITS
Section 501. Creation of Funds and Accounts ....................................................................26
Section 502. Project Fund .................................................................................................... 27
Section 503. Revenue Fund .................................................................................................28
Section 504. Bond Fund ...................................................................................................... 29
Section 505. Cost of Issuance Fund .....................................................................................29
Section 506. Redemption Fund ........................................................................................... 29
Section 507. Rebate Fund ....................................................................................................30
Section 508. [ RESERVED] ................................................................................................. 31
Section 509. Cessation of Fund Deposits ............................................................................31
Section 510. Separate Accounts Authorized ....................................................................... 31
ARTICLE VI
INVESTMENTS
Section 601. Investment of Moneys ....................................................................................32
Section 602. Investment Earnings ....................................................................................... 32
Section 603. Valuation of Funds ......................................................................................... 32
Section 604. Responsibility of Trustee ................................................................................ 32
ARTICLE VII
DISCHARGE OF LIEN
Section 701. Discharge of Lien ...........................................................................................32
Section 702. Bonds Deemed Paid ........................................................................................ 33
Section 703. Non-Presentment of Bonds .............................................................................33
ARTICLE VIII
DEFAULT PROVISIONS AND REMEDIES OF TRUSTEE AND BONDHOLDERS
Section 801. Events of Default ............................................................................................33
Section 802. Acceleration ....................................................................................................34
Section 803. Other Remedies; Rights of Bondholders ........................................................34
Section 804. Right of Bondholders to Direct Proceedings .................................................. 35
Section 805. Appointment of Receiver ................................................................................35
Section 806. Waiver ............................................................................................................35
Section 807. Application of Moneys ...................................................................................35
Section 808. Remedies Vested in Trustee ........................................................................... 36
Section 809. Rights and Remedies of Bondholders ............................................................37
Section 810. Termination of Proceedings ............................................................................37
Section 811. Waivers of Events of Default .........................................................................37
ii
4920-7269-1379.2
ARTICLE IX
TRUSTEE AND PAYING AGENTS
Section 901. Acceptance of Trusts ...................................................................................... 38
Section 902. Fees, Charges and Expenses of Trustee and Paying Agents; Trustee’ s
Prior Lien ........................................................................................................40
Section 903. Additional Duties of Trustee .......................................................................... 40
Section 904. Notice to Bondholders of Default ................................................................... 41
Section 905. Intervention by Trustee ...................................................................................41
Section 906. Merger or Consolidation of Trustee ............................................................... 41
Section 907. Resignation by Trustee ................................................................................... 41
Section 908. Removal of Trustee ........................................................................................ 42
Section 909. Appointment of Successor Trustee .................................................................42
Section 910. Concerning Any Successor Trustee ................................................................ 42
Section 911. Reliance Upon Instruments ............................................................................42
Section 912. Appointment of Co-Trustee ............................................................................ 42
Section 913. Designation and Succession of Paying Agents ...............................................43
ARTICLE X
SUPPLEMENTAL INDENTURES
Section 1001. Supplemental Indentures Not Requiring Consent of Bondholders ................ 44
Section 1002. Supplemental Indentures Requiring Consent of Bondholders .......................44
Section 1003. Effect of Supplemental Indentures ................................................................. 45
ARTICLE XI
RESERVED]
ARTICLE XII
MISCELLANEOUS
Section 1201. Consents, etc. of Bondholders ........................................................................ 45
Section 1202. Notices ............................................................................................................46
Section 1203. Limitation of Rights ........................................................................................ 46
Section 1204. Severability .....................................................................................................46
Section 1205. Applicable Provisions of Law ........................................................................47
Section 1206. Counterparts ....................................................................................................47
Section 1207. Successors and Assigns ..................................................................................47
Section 1208. Captions ..........................................................................................................47
Section 1209. Photocopies and Reproductions ......................................................................47
Section 1210. Bonds Owned by the City ...............................................................................47
Exhibit A Form of Series 2026 Bond ............................................................................A-1
Exhibit B Form of Coverage Certificate ........................................................................B-1
Exhibit C Requisition Form ...........................................................................................C-1
iii
4920-7269-1379.2
TRUST INDENTURE
THIS TRUST INDENTURE dated as of __________1, 2026, by and between the CITY
OF FAYETTEVILLE, ARKANSAS (the “ City”), a city of the first class organized under and
existing by virtue of the laws of the State of Arkansas, and SIMMONS BANK, as trustee ( the
Trustee”), a banking corporation organized under and existing by virtue of the laws of the State
of Arkansas and having its principal corporate trust office in Pine Bluff, Arkansas;
W I T N E S S E T H:
WHEREAS, the people of the State of Arkansas ( the “ State”) by the adoption of
Amendment No. 62 to the Constitution of the State, approved November 6, 1984 (“ Amendment
62”), have authorized cities and counties in the State to issue bonds, upon voter approval, to finance
certain capital improvements of a public nature, and to secure said bonds by a pledge of the
proceeds of certain taxes; and
WHEREAS, the provisions of Amendment 62 have been implemented by the Local
Government Bond Act of 1985, codified as Arkansas Code Annotated Sections 14-164-301 et seq.
as from time to time amended, the “Act”); and
WHEREAS, the City Council of the City has previously determined that there is a great
need for a source of revenue to finance all or a portion of the costs of (i) water and wastewater
system rehabilitation and improvements ( the “ Water/ Wastewater System Project”), ( ii) parks
system and related improvements (the “ Parks System Project”), ( iii) an animal services facility
and related improvements ( the “ Animal Services Facility Project”), ( iv) trail system and related
improvements (the “ Trails System Project”), ( v) streets and transportation-related improvements
the “ Transportation System Project”), ( vi) a recycling drop-off facility and a household hazardous
waste facility and related improvements (the “Sustainability Project”), (vii) an aquatics/recreation
center and related improvements ( the “ Aquatics/ Recreation Center Project”) and ( viii) a fire
training facility and fire station construction and related improvements and the acquisition of
firefighting vehicles, equipment and apparatus ( the “ Fire Department Project”); and
WHEREAS, the City Council has further determined that additional revenues can be
obtained to finance such critical capital improvement needs by restructuring the City’ s existing
indebtedness secured by sales and use tax receipts through the refunding of the Prior Bonds
defined below) and the rededication of said sales and use tax receipts to new bonded indebtedness;
and
WHEREAS, the City is authorized and empowered under the provisions of the
Constitution and laws of the State of Arkansas, including particularly Amendment 62 and the Act,
to issue and sell its capital improvement bonds to finance and refinance the costs of various capital
improvements such as those comprising the Water/Wastewater System Project, the Parks System
Project, the Animal Services Facility Project, the Trails System Project, the Transportation System
Project, the Sustainability Project, the Aquatics/Recreation Center Project and the Fire Department
4920-7269-1379.2
Project (collectively, the “ Projects”), which capital improvement bonds may be secured by and
payable from the receipts of the special city-wide sales and use tax authorized by the Act; and
WHEREAS, pursuant to such authority, the City has previously issued and there are
presently outstanding ( i) its Sales and Use Tax Capital Improvement Bonds, Series 2022, in the
aggregate principal amount of $_________ (the “ Series 2022 Bonds”), and (ii) its Sales and Use
Tax Capital Improvement Bonds, Series 2024, in the aggregate principal amount of $__________
the “ Series 2024 Bonds,” and together with the Series 2022 Bonds, the “ Prior Bonds”); and
WHEREAS, pursuant to Amendment 62 and the Act and the provisions of Ordinance No.
6920 of the City, adopted and approved on October 21, 2025 (the “ Election Ordinance”), there
was submitted to the qualified electors of the City nine questions regarding ( i) the issuance of not
to exceed $40,000,000 in principal amount of refunding bonds for the purpose of redeeming the
Prior Bonds, and (ii) the issuance of an aggregate of not to exceed $335,500,000 in principal
amount of capital improvement bonds for the purpose of financing the various capital
improvements comprising the Projects, said bonds to be secured by a pledge of and lien upon all
of the receipts of a special city-wide sales and use tax levied at the rate of one percent (1.00%)
pursuant to the Act (the “ Sales and Use Tax”); and
WHEREAS, at a special election held March 3, 2026, a majority of the qualified electors
of the City voting on each of the nine questions approved the issuance of refunding bonds and
capital improvement bonds in the principal amounts and for each of the specific purposes set forth
on the ballot ( and the corresponding levy of the Sales and Use Tax, and the pledge of the receipts
thereof to the payment of the bonds); and
WHEREAS, pursuant to the provisions of Ordinance No. ____ of the City, adopted by the
City Council on ___________, 2026 (the “Authorizing Ordinance”), and in accordance with the
provisions of Amendment 62 and the Act, the City proposes to issue its Sales and Use Tax Capital
Improvement and Refunding Bonds, Series 2026, in the aggregate principal amount of not to
exceed $__________ ( the “ Series 2026 Bonds”), in order to provide for the funding of a portion
of the costs of the Water/Wastewater System Project, the Parks System Project, the Animal
Services Facility Project, the Trails System Project, the Transportation System Project, the
Sustainability Project, the Aquatics/Recreation Center Project and the Fire Department Project and
for the defeasance and redemption of the Prior Bonds; and
WHEREAS, the City has further determined to enter into this Indenture to authorize the
issuance of and to secure the Series 2026 Bonds by granting to the Trustee a pledge and assignment
of the interests and other rights herein contained, and certain funds and accounts created hereby;
and
WHEREAS, the Series 2026 Bonds are to be dated, bear interest, mature and be subject
to redemption as hereinafter in this Indenture set forth in detail; and
WHEREAS, provision is made in this Indenture for the issuance of Additional Bonds
hereinafter defined) upon compliance with certain conditions set forth herein; and
2
4920-7269-1379.2
WHEREAS, the execution and delivery of this Indenture and the issuance of the Series
2026 Bonds have been in all respects duly and validly confirmed, authorized and approved under
the provisions of the Authorizing Ordinance; and
WHEREAS, all things necessary to make the Series 2026 Bonds, when authenticated by
the Trustee and issued as in this Indenture provided, the valid, binding and legal obligations of the
City according to the import thereof, and to constitute this Indenture a valid pledge of the receipts
of the Sales and Use Tax to the payment of the principal of, premium, if any, and interest on the
Series 2026 Bonds, as specified in and in accordance with the provisions hereof, have been done
and performed, and the creation, execution and delivery of this Indenture and the creation,
execution, issuance and delivery of the Series 2026 Bonds, subject to the terms hereof, have in all
respects been duly authorized;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THIS
INDENTURE WITNESSETH:
That the City, in consideration of the premises and the acceptance by the Trustee of the
trusts hereby created, and of the purchase and acceptance of the Series 2026 Bonds by the Holders
and owners thereof, and the sum of Ten Dollars ($ 10.00), lawful money of the United States of
America, to it duly paid by the Trustee, at or before the execution and delivery of these presents,
and for other good and valuable consideration, the receipt of which is hereby acknowledged, and
in order to secure the payment of the principal of, premium, if any, and interest on the Series 2026
Bonds and all Additional Bonds ( hereinafter defined), if any, according to their tenor and effect,
and to secure the performance and observance by the City of all the covenants expressed or implied
herein and in the Series 2026 Bonds and Additional Bonds ( collectively, the “ Bonds”), subject to
all of the provisions hereof, does hereby grant, bargain, sell, convey, mortgage, assign, transfer
and pledge unto the Trustee, and unto its successor or successors in trust, and to them and their
assigns forever, for the securing of the performance of the obligations of the City hereinafter set
forth the following:
1.
Subject only to the provisions of this Indenture permitting the application thereof for the
purposes and on the terms and conditions set forth herein, (i)the proceeds of the sale of the Bonds,
ii) all receipts from the Sales and Use Tax, which are hereby irrevocably assigned and pledged to
secure all obligations under this Indenture, and (iii)the Revenue Fund, Bond Fund, Project Fund
and Redemption Fund established by this Indenture, including the investment earnings thereon, if
any.
2.
Any and all other properties, rights and interests of every kind and nature from time to time
which have been, are hereby, or hereafter are, by delivery or by writing or transfer of any kind,
conveyed, mortgaged, pledged, assigned or transferred, as and for additional security hereunder,
by the City or by any other Person, firm or corporation, or with the written consent of the City, to
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the Trustee, which is hereby authorized to receive any and all such properties, rights and interests
at any time and at all times and to hold and apply the same subject to the terms hereof.
TO HAVE AND TO HOLD all the same ( the “ Trust Estate”) with all privileges and
appurtenances hereby conveyed and assigned, or agreed or intended so to be, to the Trustee and
its successors in said trusts and to them and their assigns forever;
IN TRUST NEVERTHELESS, upon the terms and trusts herein set forth for the equal
and proportionate benefit, security and protection of all owners of the said Bonds issued under and
secured by this Indenture without privilege, priority or distinction as to lien or otherwise of any of
the Bonds over any of the other Bonds; provided, however, that if the City, its successors or
assigns, shall well and truly pay, or cause to be paid, the principal of, premium, if any, and interest
due on the Bonds, at the times and in the manner provided in the Bonds, according to the true
intent and meaning thereof, and shall make the payments as required under this Indenture or shall
provide, as permitted hereby, for the payment thereof by depositing or causing to be deposited
with the Trustee the entire amount due or to become due thereon, and shall well and truly keep,
perform and observe all of the covenants and conditions pursuant to the terms of this Indenture to
be kept, and shall pay to the Trustee all sums of money due or to become due to it in accordance
with the terms and provisions hereof, then upon such final payments or deposits this Indenture and
the lien and rights hereby granted shall cease, determine and be void; otherwise, this Indenture is
to be and remain in full force and effect.
THIS INDENTURE FURTHER WITNESSETH that, and it is expressly declared that,
all Bonds issued and secured hereunder are to be issued, authenticated and delivered and all
revenues and income hereby pledged are to be dealt with and disposed of under, upon and subject
to the terms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as
hereinafter expressed, and the City has agreed and covenanted, and does hereby agree and
covenant, with the Trustee and with the respective owners from time to time of the Bonds or any
part thereof, as follows, that is to say:
ARTICLE I
DEFINITIONS
Section 101. Definitions. In addition to the words and terms elsewhere defined in this
Indenture, the following words and terms as used in this Indenture shall have the following
meanings:
Account” means an Account established by Article V of this Indenture.
Act” means the Local Government Bond Act of 1985, codified as Arkansas Code
Annotated Sections 14-164-301 et seq., as from time to time amended.
Additional Bonds” mean Bonds in addition to the Series 2026 Bonds which are issued
under the provisions of Section 212 of this Indenture.
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Amendment 62” means Amendment No. 62 to the Constitution of Arkansas, approved by
the voters of the State on November 6, 1984.
Animal Services Facility Project” means the design, construction and equipping of a City
animal services facility, including land acquisition and ancillary improvements, as described in the
Election Ordinance and eligible for financing with the proceeds of the Bonds in aggregate principal
amount not to exceed $ 18,100,000.
Annual Debt Service” means, with respect to all or any particular amount of Bonds or
Subordinate Obligations, as the case may be, the Debt Service for any particular Fiscal Year
required to be paid or set aside during such Fiscal Year, less the amount of such payment which is
provided from the proceeds of the sale of Bonds or Subordinate Obligations or from sources other
than Sales and Use Tax receipts.
Aquatics/ Recreation Center Project” means the design, construction and equipping of a
City aquatics/recreation center, including land acquisition and ancillary improvements, as
described in the Election Ordinance and eligible for financing with the proceeds of the Bonds in
aggregate principal amount not to exceed $61,900,000.
Authorized Representative” means either the Mayor or the Chief Financial Officer of the
City and such additional persons as from time to time may be designated to act on behalf of the
City by a Certificate furnished to the Trustee containing the specimen signature thereof and
executed on behalf of the City by its Mayor.
Authorizing Ordinance” means Ordinance No. ____, adopted by the City on ________,
2026, which authorized the issuance of the Series 2026 Bonds pursuant to this Indenture.
Beneficial Owner” means any Person who acquires beneficial ownership interest in a
Bond held by the Securities Depository. In determining the Beneficial Owner of any Bond, the
Trustee may rely exclusively upon written representations made and information given to the
Trustee by the Securities Depository or its Participants with respect to any Bond held by the
Securities Depository in which a beneficial ownership interest is claimed.
Bond Counsel” means any firm of nationally recognized municipal bond counsel selected
by the City and acceptable to the Trustee.
Bond Fund” means the fund by that name created and established in Section 501 of this
Indenture.
Bonds” means the Series 2026 Bonds and all Additional Bonds issued by the City
pursuant to this Indenture. Except to the extent provided in Section 209 hereof and except for
refunding bonds issued under the provisions of Section 212 hereof, the aggregate principal amount
of Bonds issued hereunder shall not exceed $375,500,000.
Book-Entry System” means the book-entry system maintained by the Securities
Depository described in Section 216 of this Indenture.
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Business Day” means any day other than (a) a Saturday or Sunday, (b) a day on which
commercial banks in New York, New York, or the city in which the principal corporate trust office
of the Trustee is located are authorized or required by law or executive order to close, or (c) a day
on which the New York Stock Exchange or the Securities Depository is closed.
Certificate” means a document signed by an Authorized Representative of the City
attesting to or acknowledging the circumstances or other matters therein stated.
City” means the City of Fayetteville, Arkansas, a municipality and political subdivision
under the laws of the State of Arkansas.
City Clerk” means the person holding the office and performing the duties of the City
Clerk of the City.
Closing Date” means, with respect to any series of Bonds, the date upon which there is an
exchange of such series of Bonds for the proceeds representing the purchase price for such series
of Bonds by the Original Purchaser or Purchasers thereof.
Code” means the Internal Revenue Code of 1986, as from time to time amended, and
applicable regulations issued or proposed thereunder.
Completion Date” means the date upon which a particular Project ( or portion thereof) is
first ready for normal continuous operation, as determined by the City’s Chief Financial Officer.
Continuing Disclosure Agreement” means, collectively, each Continuing Disclosure
Agreement between the City and the Dissemination Agent, dated the date of issuance and delivery
of a series of Bonds, as originally executed and as amended from time to time in accordance with
the terms thereof.
Costs of Issuance” means all items of expense payable or reimbursable directly or
indirectly by the City and related to the authorization, sale and issuance of the Bonds, including,
but not limited to, underwriting discounts, fees and expenses, election expenses, publication
expenses, expenses of printing, reproducing, filing and recording documents, initial fees and
charges of the Trustee and any Paying Agent, fees and expenses for legal, accounting and other
professional services, rating fees, costs of securing any credit enhancement for the Bonds, costs of
execution, transportation and safekeeping of the Bonds, and other costs, charges and fees incurred
in connection with the foregoing.
Costs of Issuance Fund” means the fund by that name created and established in Section
501 of this Indenture.
Debt Service” means, with respect to all or any particular amount of Bonds or Subordinate
Obligations, as the case may be, the total as of any particular date of computation and for any
particular period of the scheduled amount of interest and amortization of principal payable on such
Bonds or Subordinate Obligations, excluding amounts scheduled during such period which relate
to principal which has been retired before the beginning of such period.
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Dissemination Agent” means the entity named as dissemination agent in each Continuing
Disclosure Agreement entered into in connection with the issuance of a series of Bonds.
Election Ordinance” means Ordinance No. 6920, adopted by the City Council on October
21, 2025, pursuant to which there was submitted to the qualified electors of the City the nine
questions relating to the issuance of the Bonds.
Event of Default” means any event of default specified in Section 801 hereof.
Existing Tax” means the one percent (1.00%) city-wide sales and use tax authorized by
the Act and presently being levied and collected within the City for the purpose of securing the
payment of the Prior Bonds.
Fire Department Project” means ( i) the design, construction and equipping of a fire
training facility, (ii)land acquisition, design, construction and equipping of a fire station, (iii)the
acquisition of firefighting vehicles, equipment and apparatus, and ( iv) other ancillary
improvements, all as described in the Election Ordinance and eligible for financing with the
proceeds of the Bonds in aggregate principal amount not to exceed $ 18,650,000.
Fiscal Year” means the 12-month period used, at any time, by the City for accounting
purposes, which may be the calendar year.
Fund” means a fund established by Article V of this Indenture.
Government Securities” means ( i) direct obligations ( other than an obligation subject to
variation in principal repayment) of the United States of America, ( ii) obligations fully and
unconditionally guaranteed as to timely payment of principal and interest by the United States of
America, (iii) obligations fully and unconditionally guaranteed as to timely payment of principal
and interest by any agency or instrumentality of the United States of America when such
obligations are backed by the full faith and credit of the United States of America, or (iv) evidences
of ownership of proportionate interests in future principal and interest payments on obligations
described above held by a bank or trust company as custodian, under which the owner of the
investment is the real party in interest and has the right to proceed directly and individually against
the obligor and the underlying government obligations are not available to any person claiming
through the custodian or to whom the custodian may be obligated.
Holder” or “ Bondholder” or “ owner of the Bonds” means the registered owner of any
Bond.
Indenture” means this Trust Indenture dated as of ___________1, 2026, between the City
and the Trustee, pursuant to which the Bonds are issued, and any amendments and supplements
hereto.
Investment Securities” means, if and to the extent the same are at the time legal for
investment of Funds and Accounts held under this Indenture:
a) Cash (fully insured by the Federal Deposit Insurance Corporation);
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b) Government Securities;
c) Federal Housing Administration debentures;
d) The obligations of the following government-sponsored agencies which are
not backed by the full faith and credit of the United States of America:
1) Federal Home Loan Mortgage Corporation (FHLMC) senior debt
obligations and Participation certificates ( excluded are stripped mortgage securities
which are purchased at prices exceeding their principal amounts);
2) Farm Credit System ( formerly Federal Land Banks, Federal
Intermediate Credit Banks and Banks for Cooperatives) consolidated system-wide
bonds and notes;
3) Federal Home Loan Banks ( FHL Banks) consolidated debt
obligations; and
4) Federal National Mortgage Association ( FNMA) senior debt
obligations and mortgage-backed securities ( excluded are stripped mortgage
securities which are purchased at prices exceeding their principal amounts);
e) Unsecured certificates of deposit, time deposits, and bankers' acceptances
having maturities of not more than 365 days) of any bank the short-term obligations of
which are rated “ A-1+” or better by S& P and “ Prime-1” by Moody’ s;
f) Deposits the aggregate amount of which are fully insured by the Federal
Deposit Insurance Corporation, in banks which have capital and surplus of at least $ 15
million;
g) Commercial paper ( having original maturities of not more than 270 days)
rated “A-1+” by S& P and “Prime-1” by Moody's;
h) Money market funds rated “ Aam” or “ AAm-G” by S& P, or better and if
rated by Moody’s rated “ Aa2” or better;
i) “ State Obligations”, which means:
1) Direct general obligations of any state of the United States of
America or any subdivision or agency thereof to which is pledged the full faith and
credit of a state the unsecured general obligation debt of which is rated at least “A3”
by Moody' s and at least “ A-” by S& P, or any obligation fully and unconditionally
guaranteed by any state, subdivision or agency whose unsecured general obligation
debt is so rated;
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2) Direct general short-term obligations of any state agency or
subdivision or agency thereof described in (a) above and rated “ A-1+” by S& P and
MIG-1” by Moody's; and
3) Special Revenue Bonds ( as defined in the United States Bankruptcy
Code) of any state or state agency described in (b) above and rated “AA-” or better
by S& P and “ Aa3” or better by Moody' s;
j) Pre-refunded municipal obligations rated “ AAA” by S& P and “ Aaa” by
Moody' s meeting the following requirements:
1) the municipal obligations are (I) not subject to redemption prior to
maturity or (II) the trustee for the municipal obligations has been given irrevocable
instructions concerning their call and redemption and the issuer of the municipal
obligations has covenanted not to redeem such municipal obligations other than as
set forth in such instructions;
2) the municipal obligations are secured by cash or U.S. Treasury
Obligations which may be applied only to payment of the principal of, interest and
premium on such municipal obligations;
3) the principal of and interest on the U.S. Treasury Obligations (plus
any cash in the escrow) has been verified by the report of independent certified
public accountants to be sufficient to pay in full all principal of, interest, and
premium, if any, due and to become due on the municipal obligations (“ Verification
Report”);
4) the cash or U.S. Treasury Obligations serving as security for the
municipal obligations are held by an escrow agent or trustee in trust for owners of
the municipal obligations;
5) no substitution of a U.S. Treasury Obligation shall be permitted
except with another U.S. Treasury Obligation and upon delivery of a new
Verification Report; and
6) the cash or U.S. Treasury Obligations are not available to satisfy any
other claims, including those by or against the trustee or escrow agent.
Mayor” means the person holding the office and performing the duties of the Mayor of
the City.
Original Purchaser” means the first purchaser(s) of a series of Bonds from the City.
Outstanding” means, as of any date of computation, Bonds theretofore or thereupon being
delivered under this Indenture, except:
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a) Bonds cancelled at or prior to such date or delivered to or acquired by the
Trustee at or prior to such date for cancellation;
b) Bonds deemed to be paid in accordance with Article VII of this Indenture;
and
c) Bonds in lieu of or in exchange or substitution for which other Bonds shall
have been authenticated and delivered pursuant to this Indenture.
Parks System Project” means the design, construction and equipping of various City parks
system improvements and ancillary improvements, as described in the Election Ordinance and
eligible for financing with the proceeds of the Bonds in aggregate principal amount not to exceed
25,500,000.
Participants” means those financial institutions for whom the Securities Depository
effects book-entry transfers and pledges of securities deposited with the Securities Depository in
the Book-Entry System, as such listing of Participants exists at the time of such reference.
Paying Agent” means any bank or trust company named by the City as the place at which
the principal of and premium, if any, and interest on the Bonds are payable.
Person” means any natural person, firm, association, corporation, limited liability
company, partnership, joint stock company, joint venture, trust, unincorporated organization or
firm, or a government or any agency or political subdivision thereof or other public body.
Prior Bonds” means, collectively, (i)the City’s Sales and Use Tax Capital Improvement
Bonds, Series 2022, and ( ii) the City’ s Sales and Use Tax Capital Improvement Bonds, Series
2024.
Projects” means, collectively, the Water/ Wastewater System Project, the Parks System
Project, the Animal Services Facility Project, the Trails System Project, the Transportation System
Project, the Sustainability Project, the Aquatics/ Recreation Center Project and the Fire Department
Project.
Project Costs” means, to the extent permitted by the Act or other applicable laws, with
respect to the Projects, all costs of planning, designing, purchasing, acquiring, constructing,
improving, enlarging, extending, repairing, financing and placing in operation, including obtaining
governmental approvals, certificates, permits and licenses with respect thereto, heretofore or
hereafter paid or incurred by or on behalf of the City and which shall include, but shall not be
limited to:
a) interest accruing in whole or in part on the Bonds prior to and during
construction of the Projects, including all amounts required by this Indenture to be paid
from the proceeds of the Bonds into the Bond Fund;
b) preliminary investigation and development costs, engineering fees,
contractors’ fees, labor costs, the cost of materials, equipment, utility services and supplies,
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costs of obtaining permits, licenses and approvals, costs of real property, insurance
premiums, legal and financing fees and costs, administrative and general costs, and all
other costs properly allocable to the acquisition, construction and equipping of the Projects
and placing the same in operation;
c) all costs relating to injury and damage claims arising out of the acquisition,
construction or equipping of the Projects;
d) all other costs incurred in connection with, and properly allocable to, the
acquisition, construction and equipping of the Projects; and
e) amounts to pay or reimburse the City or any City fund for expenses of the
City incident and properly allocable to such planning, designing, purchasing, acquiring,
constructing, improving, enlarging, extending, repairing, financing and placing in
operation of the Projects.
Project Fund” means the fund by that name created and established in Section 501 of this
Indenture.
Rating Agency” means Moody’s Investors Service, S& P Global Ratings, a business unit
of Standard & Poor’ s Financial Services LLC, or Fitch, Inc., and their respective successors and
assigns. If any such corporation ceases to act as a securities rating agency, the City may appoint
any nationally recognized securities rating agency as a replacement.
Rebate Fund” means the fund by that name created and established in Section 501 of this
Indenture.
Record Date” means the fifteenth day of the calendar month preceding the calendar month
in which an interest payment date on the Bonds occurs.
Redemption Fund” means the fund by that name established in Section 501 of this
Indenture.
Requisition” means a written requisition of the City, consecutively numbered, signed by
an Authorized Representative including, without limitation, the following with respect to each
payment requested:
i) the particular Project to which it relates,
ii) the name of the person or party to whom payment is to be made and the
purpose of the payment,
iii) the amount to be paid thereunder;
iv) that such amount has not been previously paid by the City and is justly due
and owing to the person(s) named therein as a proper payment or reimbursement of a
Project Cost; and
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v) that no Event of Default exists under the Indenture and that, to the
knowledge of the Authorized Representative, no event has occurred and continues which
with notice or lapse of time or both would constitute an Event of Default under the
Indenture.
Revenue Fund” means the fund by that name created and established in Section 501 of
this Indenture.
Sales and Use Tax” means the one percent (1.00%) city-wide sales and use tax authorized
under the Act which has been levied within the City pursuant to the Election Ordinance and
approved by the voters of the City, the collection of which tax will commence on the first day
following the date of expiration of the Existing Tax securing the Prior Bonds. Receipts of the Sales
and Use Tax are pledged to the payment of Debt Service on the Bonds.
Securities Depository” means The Depository Trust Company, New York, New York, or
its nominee, and its successors and assigns, or any other depository institution appointed by the
City or the Trustee to act as depository for the Bonds in connection with the Book-Entry System.
Series 2026 Bonds” means the City’s Sales and Use Tax Capital Improvement and
Refunding Bonds, Series 2026, issued under and secured by this Indenture in the aggregate
principal amount of $_________.
State” means the State of Arkansas.
Sustainability Project” means land acquisition and the design, construction and equipping
of a City recycling drop-off facility and a City household hazardous waste facility and ancillary
improvements, as described in the Election Ordinance and eligible for financing with the proceeds
of the Bonds in aggregate principal amount not to exceed $ 1,050,000.
Subordinate Obligations” means debt obligations of the City secured by a pledge of the
receipts from the Sales and Use Tax that is subordinate to the lien thereon securing the payment
of the Bonds, as permitted by the provisions of Section 214 of this Indenture.
Supplemental Indenture” means any indenture supplemental to or amendatory of this
Indenture, adopted by the City in accordance with Article X hereof.
Surplus Tax Receipts” shall have the meaning ascribed to such term in Section 503 hereof.
Tax Compliance Agreement” means with respect to any series of tax-exempt Bonds, that
Tax Compliance Agreement of the City relating to maintenance of the excludability of interest on
such Bonds from gross income for federal income tax purposes, delivered in connection with the
issuance of such series of Bonds.
Trails System Project” means the design, construction, reconstruction, extension,
resurfacing and equipping of certain City trails system improvements, and ancillary improvements
related thereto, as described in the Election Ordinance and eligible for financing with the proceeds
of the Bonds in aggregate principal amount not to exceed $3,800,000.
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Transportation System Project” means right-of-way acquisition, planning, design,
construction, reconstruction, repair, resurfacing, straightening and width modification of certain
City streets and other transportation-related improvements, and ancillary improvements related
thereto, as described in the Election Ordinance and eligible for financing with the proceeds of the
Bonds in aggregate principal amount not to exceed $56,000,000.
Trustee” means the banking corporation or association designated as Trustee in the
Indenture, and its successor or successors as such Trustee. The original Trustee is Simmons Bank,
Pine Bluff, Arkansas.
Trust Estate” means the property described in the granting clauses of this Indenture.
Water/ Wastewater System Project” means repairs to and rehabilitation of the City’ s water
system and upgrades to and rehabilitation of the City’s Noland Wastewater Treatment Plant, as
described in the Election Ordinance and eligible for financing with the proceeds of the Bonds in
aggregate principal amount not to exceed $150,500,000.
Section 102. Use of Words. Words of the masculine gender shall be deemed and
construed to include correlative words of the feminine and neuter genders. Unless the context
shall otherwise indicate, the words “ Bond”, “ owner”, “ holder” and “ person” shall include the
plural, as well as the singular, number.
ARTICLE II
THE BONDS
Section 201. Security for the Bonds. (a) The Bonds are special and limited obligations
of the City payable as to principal, premium, if any, and interest solely out of the Trust Estate. The
Trust Estate is hereby pledged, appropriated and assigned to the payment of the principal of,
premium, if any, and interest on the Bonds, all in accordance with their terms and the provisions
of this Indenture. The Bonds do not constitute an indebtedness for which the faith and credit of
the State of Arkansas or the City is pledged within the meaning of any Constitutional or statutory
limitation. The Bonds shall never constitute an obligation of or a charge against the general credit
or general taxing powers of the City.
b) The pledge, charge, lien, trusts and assignments made herein with respect to the
Trust Estate shall be valid and binding, and shall be deemed continuously perfected from the time
of issuance of the Series 2026 Bonds, and the Trust Estate shall thereupon be immediately subject
to the pledge, charge, lien, trust and assignment created hereby upon receipt thereof by or for the
City or by the Trustee or the Paying Agent hereunder, without any physical delivery, segregation
thereof or further act, and such pledge, charge, lien, trust and assignment shall be valid and binding
as against all parties having claims of any kind in tort, contract or otherwise against the City,
irrespective of whether such parties have notice thereof.
c) The Bonds shall be equally and ratably payable and secured hereunder without
priority by reason of date of adoption of this Indenture or any Supplemental Indenture authorizing
their issuance or by reason of their series, number, date, date of issue, execution, authentication or
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sale, or otherwise. So long as any of the Series 2026 Bonds are Outstanding, all Surplus Tax
Receipts shall be allocated to the redemption of the Series 2026 Bonds.
d) So long as any Bonds are Outstanding under the provisions of this Indenture, all
receipts derived from the Sales and Use Tax shall be deemed to be necessary to accomplish the
purposes of the City and shall be subject to the covenants and agreements set forth in this Indenture,
and no such revenues or receipts shall ever be used or deposited otherwise except as herein
expressly permitted.
e) The City covenants, as permitted by the Act, that while any of the Bonds are
Outstanding it will use due diligence in causing the collection of the Sales and Use Tax. Nothing
herein shall prohibit the City from increasing any sales and use tax from time to time, to the extent
permitted by law, and no part of the revenues or receipts derived by the City from any such increase
shall become part of the receipts derived from the Sales and Use Tax unless authorized and pledged
by a Supplemental Indenture.
Section 202. Authorized Amount. There is hereby authorized the issuance of bonds of
the City to be designated “ Sales and Use Tax Capital Improvement and Refunding Bonds, Series
2026” in the principal amount of ______________________________________________
Dollars ($__________) (the “ Series 2026 Bonds”). No Bonds may be issued under the provisions
of this Indenture except in accordance with this Article II. The total principal amount of Bonds
that may be issued hereunder is hereby expressly limited to $375,500,000, except as provided in
Section 209 and except for refunding bonds issued under the provisions of Section 212 hereof.
Section 203. Details of Series 2026 Bonds. The Series 2026 Bonds ( i) shall be
designated “ City of Fayetteville, Arkansas Sales and Use Tax Capital Improvement and Refunding
Bonds, Series 2026,” ( ii)shall be in the aggregate principal amount of $___________, (iii)shall
be dated as of the date of their delivery, ( iv) shall bear interest from such date at the rates
hereinafter provided until paid, payable semiannually on May 1 and November 1 of each year,
commencing ________ 1, 202_, ( v) shall be issued in denominations of $ 5,000 each, or any
integral multiple thereof, ( vi) shall be numbered from R26-1 upwards in order of issuance
according to the records of the Trustee, and ( vii) shall mature, unless sooner redeemed in the
manner in this Indenture set forth, on November 1 in each of the years and in the amounts set forth
in the following table, which table also sets forth the interest rates for the Series 2026 Bonds:
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Year
November 1) Principal Amount Interest Rate
2027 $ %
2028 %
2029 %
2030 %
2031 %
2032
2033 %
20__ %
20__ %
20__ %
Section 204. Form of Bonds. (a) The Series 2026 Bonds shall be initially issued as fully
registered Bonds, without coupons, in the form of _________ typewritten bond certificates ( one
for each maturity) to be delivered to the Securities Depository. Each such certificate shall be
initially registered in the name of the nominee of the Securities Depository, and no Beneficial
Owner will receive a certificate representing his interest in the Series 2026 Bonds, except upon the
occurrence of the events described in Section 216 hereof. Beneficial Owners shall be deemed to
have waived any right to receive a bond certificate except under the circumstances described in
Section 216. The Series 2026 Bonds and the Trustee’ s certificate of authentication to be endorsed
thereon shall be in substantially the form set forth in Exhibit A hereto, with appropriate variations,
insertions and omissions as permitted or required by this Indenture.
Section 205. Payment. The Bonds shall be payable, with respect to principal, premium,
if any, and interest in any coin or currency of the United States of America which at the time of
payment is legal tender for the payment of public and private debts. The principal of and premium,
if any, on the Bonds shall be payable upon surrender thereof at the principal corporate trust office
of the Trustee. Payment of interest on each Bond shall be made by check or draft mailed to the
registered owner of such Bond as of the applicable Record Date at his address as it appears on the
registration books maintained by the Trustee. For purposes of this Indenture, interest on the Bonds
shall be deemed to accrue on the basis of a 360-day year of twelve 30-day months. So long as the
Securities Depository or its nominee is the sole registered owner of the Bonds, payment of interest
thereon shall be made by wire transfer of immediately available funds by the Paying Agent to the
Securities Depository or its nominee.
Section 206. Execution. The Bonds shall be executed on behalf of the City by the manual
or facsimile signatures of its Mayor and City Clerk and shall have impressed or imprinted thereon
the seal of the City. A facsimile signature shall have the same force and effect as if manually
signed. In case any officer whose manual signature or a facsimile of whose signature shall appear
on the Bonds shall cease to be such officer before the delivery of such Bonds, such signature or
such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such official
had remained in office until delivery.
Section 207. Authentication. Only such Bonds as shall have endorsed thereon a
certificate of authentication substantially in the form set forth in Exhibit A attached hereto duly
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executed by the Trustee shall be entitled to any right or benefit under this Indenture. No Bond
shall be valid and obligatory for any purpose unless and until such certificate of authentication
shall have been duly executed by the Trustee, and such certificate of the Trustee upon any such
Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this
Indenture. The Trustee’s certificate of authentication on any Bond shall be deemed to have been
executed if signed by an authorized officer of the Trustee, but it shall not be necessary that the
same officer sign the certificate of authentication on all of the Bonds issued hereunder.
Section 208. Delivery of the Bonds. The City shall execute and deliver to the Trustee
and the Trustee shall authenticate the Bonds of any series and deliver said Bonds to the Securities
Depository as may be directed in this Section 208, in Section 212 hereof or in any Supplemental
Indenture.
a) Prior to the delivery or original issuance by the Trustee of any authenticated Bonds
of any series, there shall be delivered to the Trustee:
1) An original executed counterpart of this Indenture or, in the case of
Additional Bonds, a Supplemental Indenture by and between the City and the Trustee
setting forth the details concerning such Additional Bonds;
2) Original executed counterparts of the Continuing Disclosure Agreement
and the Tax Compliance Agreement, if applicable, relating to such series of Bonds;
3) A Certificate directing the Trustee to authenticate the Bonds and containing
instructions as to the delivery of the Bonds upon payment to the Trustee, for the account
of the City, of a sum specified in such Certificate;
4) A copy, duly certified by the City Clerk, of the proceedings of the City
authorizing the levy of the Sales and Use Tax and the issuance of the Bonds;
5) A written opinion of Bond Counsel approving the legality of the Bonds;
6) In the case of any series of Additional Bonds, a Certificate signed by the
Mayor of the City certifying that ( i) the City is not then in default in the performance of
any of the covenants, conditions, agreements or provisions contained in this Indenture, and
ii) the City is current as to all required deposits at that time in all the Funds and Accounts
described in Article V of this Indenture or hereafter created by Supplemental Indentures,
or if the City is in default or is not so current, certifying in the case of (i) or (ii) as to that
fact and that, upon the application of the proceeds of the sale of such Additional Bonds as
provided in the Supplemental Indenture authorizing the issuance thereof, the City will not
be in default or will be current thereafter;
7) In the case of any series of Additional Bonds, a written opinion of Bond
Counsel to the effect that the exemption from federal income tax of the interest on the
Series 2026 Bonds and any Additional Bonds theretofore issued on a tax-exempt basis will
not be adversely affected by the issuance of the Additional Bonds being issued; and
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8) Such further documents and certificates as may be required by the Original
Purchaser of such series of Bonds.
b) Simultaneously with the delivery of the Series 2026 Bonds, the Trustee shall apply
the proceeds thereof as follows:
1) An amount sufficient, together with moneys held by Simmons Bank, as
trustee for the Prior Bonds, in funds and accounts created by the trust indenture securing
the Prior Bonds, to refund the Prior Bonds shall be deposited in Trust with Simmons Bank,
as escrow trustee ( the “ Escrow Trustee”), in accordance with the provisions of an Escrow
Deposit Agreement to be dated as of the date of delivery of the Series 2026 Bonds (the
Escrow Agreement”), by and between the City and the Escrow Trustee. The Escrow
Agreement shall provide for the investment of the funds, to the extent feasible, in
Government Securities which will mature and bear interest at such times and in such
amounts as will,together with any uninvested moneys held by the Escrow Trustee, provide
sufficient moneys to pay as due at maturity and upon redemption prior to maturity as
provided in the Escrow Agreement, all principal of and premium, if any, and interest on
the Prior Bonds. The Escrow Agreement will provide for the giving of notice of
redemption prior to maturity of the Prior Bonds, for the payment of required trustee and
paying agent fees on the Prior Bonds, and for the release of all claims of the Prior Bonds
on the Trust Estate;
2) An amount equal to $___________ shall be deposited in the
Water/Wastewater System Project Account of the Project Fund;
3) An amount equal to $___________ shall be deposited in the Parks System
Project Account of the Project Fund;
4) An amount equal to $__________ shall be deposited in the Animal Services
Facility Account of the Project Fund;
5) An amount equal to $___________ shall be deposited in the Trails System
Project Account of the Project Fund;
6) An amount equal to $__________ shall be deposited in the Transportation
System Project Account of the Project Fund;
7) An amount equal to $___________ shall be deposited in the Sustainability
Project Account of the Project Fund;
8) An amount equal to $____________ shall be deposited in the
Aquatics/Recreation Center Project Account of the Project Fund;
9) An amount equal to $___________ shall be deposited in the Fire
Department Project Account of the Project Fund;
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10) The amount of $_________shall be deposited in the Costs of Issuance Fund
for payment of Costs of Issuance as directed by a Certificate of the City; and
11) The balance of said proceeds in the amount of $________shall be deposited
in the Interest Account of the Bond Fund.
Section 209. Mutilated, Destroyed or Lost Bonds. In case any Bond issued hereunder
shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause
to be executed and the Trustee may authenticate and deliver a new Bond of like series, date,
number, maturity and tenor in exchange and substitution for and upon cancellation of such
mutilated Bond, or in lieu of and in substitution for such Bond destroyed or lost, upon the Holder’ s
paying the reasonable expenses and charges of the City and the Trustee in connection therewith,
and, in the case of a Bond destroyed or lost, filing by the Holder with the Trustee evidence
satisfactory to the Trustee that such Bonds were destroyed or lost, and of the Holder’ s ownership
thereof, and furnishing the City and Trustee with indemnity satisfactory to them. The Trustee is
hereby authorized to authenticate any such new Bond. In the event any such Bonds shall have
matured, instead of issuing a new Bond, the City may pay the same without the surrender thereof.
Upon the issuance of a new Bond under this Section 209, the City may require the payment of a
sum sufficient to cover any tax or other governmental charge that may be imposed in relation
thereto and any other expenses ( including the fees and expenses of the Trustee) connected
therewith.
Section 210. Registration and Transfer of Bonds. The City hereby constitutes and
appoints the Trustee as Bond registrar of the City, and as Bond registrar the Trustee shall keep
books for the registration and for the transfer of the Bonds as provided in this Indenture at the
principal corporate trust office of the Trustee. The person in whose name any Bond shall be
registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment
of or on account of the principal of and interest on any such Bond shall be made only to or upon
the order of the registered owner thereof, or the owner’ s legal representative, and neither the City,
the Trustee nor the Bond registrar shall be affected by any notice to the contrary, but such
registration may be changed as herein provided. All such payments shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.
Bonds may be transferred on the books of registration kept by the Trustee by the registered
owner in person or by the owner’ s duly authorized attorney, upon surrender thereof, together with
a written instrument of transfer duly executed by the registered owner or the owner’ s duly
authorized attorney. Upon surrender for transfer of any Bond at the principal corporate office of
the Trustee, the City shall execute and the Trustee shall authenticate and deliver in the name of the
transferee or transferees a new Bond or Bonds of the same series and in the same aggregate
principal amount and of any authorized denomination or denominations.
Bonds may be exchanged at the principal corporate trust office of the Trustee for an equal
aggregate principal amount of Bonds of any other authorized denomination or denominations of
the same series with corresponding maturities. The City shall execute and the Trustee shall
authenticate and deliver Bonds which the Bondholder making the exchange is entitled to receive,
bearing numbers not contemporaneously then outstanding. The execution by the City of any Bond
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of any denomination shall constitute full and due authorization of such denomination and the
Trustee shall thereby be authorized to authenticate and deliver such Bond.
Such transfers of registration or exchanges of Bonds shall be without charge to the Holders
of such Bonds, but any taxes or other governmental charges required to be paid with respect to the
same shall be paid by the Holder of the Bond requesting such transfer or exchange as a condition
precedent to the exercise of such privilege.
The Trustee shall not be required to transfer or exchange any Bond during the period from
and including a Record Date to the next succeeding interest payment date of such Bond nor to
transfer or exchange any Bond after the mailing of notice calling such Bond for redemption has
been made, and prior to such redemption.
If the Securities Depository or its nominee is the sole registered owner of the Bonds,
transfers of ownership and exchanges shall be effected on the records of the Securities Depository
and its Participants pursuant to rules and procedures established by the Securities Depository and
its Participants. In such case, the Trustee shall deal with the Securities Depository as representative
of the Beneficial Owners of the Bonds for purposes of exercising the rights of Bondholders
hereunder, and the rights of the Beneficial Owners of such Bonds held by the Securities Depository
or its nominee shall be limited to those established by law and agreements between such Beneficial
Owners and the Securities Depository and its Participants. Requests, consents and directions from,
and votes of, the Securities Depository or its nominee as representative shall not be deemed
inconsistent if they are made with respect to different Participants or Beneficial Owners.
Section 211. Cancellation. All Bonds surrendered for payment, redemption, transfer or
exchange, if surrendered to the Trustee, shall be promptly cancelled by it, and, if surrendered to
any person other than the Trustee, shall be delivered to the Trustee and, if not already cancelled,
shall be promptly cancelled by it. The City may at any time deliver to the Trustee for cancellation
any Bonds previously authenticated and delivered hereunder, which the City may have acquired
in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Trustee.
All cancelled Bonds held by the Trustee shall be disposed of as directed by the City. Whenever in
this Indenture provision is made for the cancellation by the Trustee and the delivery to the City of
any Bonds, the Trustee may, upon the written request of the City, in lieu of such cancellation and
delivery, destroy such Bonds in the presence of any officer of the City ( but only if the City shall
so require), and deliver a certificate of such destruction to the City.
Section 212. Additional Bonds. To the extent authority remains under the Election
Ordinance, the City may issue from time to time one or more series of Additional Bonds for the
purpose of (i) financing Project Costs in connection with any of the Projects, (ii)refunding the
Series 2026 Bonds or any series of Additional Bonds, in whole or in part, or (iii)any combination
thereof. Additional Bonds shall be secured equally and ratably with the Series 2026 Bonds and
any other series of Additional Bonds theretofore issued and then Outstanding, except insofar as
any terms or conditions of redemption or purchase established under this Indenture may afford
additional benefit or security for the Bonds of any particular series and except for the security
afforded by any municipal bond insurance obtained with respect to a particular series of Bonds.
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Before any Additional Bonds are authenticated, there shall be delivered to the Trustee the
items required for the issuance of Bonds by Section 208 hereof, plus a Certificate of the Chief
Financial Officer of the City (in the form attached as Exhibit B hereto) certifying that, based upon
the most recent twelve ( 12) months of Sales and Use Tax collections, receipts of the Sales and Use
Tax were not less than 150% of the maximum Annual Debt Service on all then Outstanding Bonds
and Subordinate Obligations, plus the Additional Bonds then proposed to be issued. For the
purpose of making the aforementioned certifications in connection with the issuance of Additional
Bonds, receipts of the Existing Tax may be included in total receipts of the Sales and Use Tax for
all or any portion of the most recent twelve (12) month period during which the Sales and Use Tax
was not being collected. The aggregate principal amount of Additional Bonds that may be issued
is limited to $__________, except for refunding bonds issued hereunder. Notwithstanding
anything herein to the contrary, no Additional Bonds shall be issued unless there is no default at
the time of issuance under this Indenture.
Section 213. Superior Obligations Prohibited. Except to the extent permitted in Section
212 hereof for the issuance of Additional Bonds, from and after the issuance of any of the Bonds
and for so long as any of the Bonds are Outstanding, the City shall not create or permit the creation
of any indebtedness, or issue any bonds, notes, warrants, certificates or other obligations or
evidences of indebtedness payable in any manner from the receipts of the Sales and Use Tax or
otherwise from the Trust Estate which (i)will in any way be superior to or rank on a parity with
the Bonds, or (ii) will in any way be secured by a lien and charge on the receipts of the Sales and
Use Tax or on the moneys deposited in or to be deposited in the Revenue Fund, prior to or equal
with the lien, pledge and charge created herein for the security of the Bonds, or (iii) will be payable
prior to or equal with the payments to be made from the receipts of the Sales and Use Tax and the
Revenue Fund into the Bond Fund and Redemption Fund or from said Bond Fund and Redemption
Fund for the payment of the Bonds.
Section 214. Subordinate Obligations. Nothing in this Indenture shall prevent the City
from authorizing and issuing bonds, notes, bond anticipation notes, warrants, certificates or other
obligations or evidences of indebtedness, the payment of the principal of and premium, if any, and
interest on which shall be made from receipts of the Sales and Use Tax, provided payments from
such Sales and Use Tax receipts, and the lien and charge on such Sales and Use Tax receipts, shall
be made junior and subordinate to the lien, pledge and charge created herein for the security and
payment of the Bonds and other payments under this Indenture.
Before any Subordinate Obligations are issued, there shall be delivered to the Trustee a
Certificate of the Chief Financial Officer of the City (in substantially the form attached as Exhibit
B hereto) certifying that, based upon the most recent twelve (12) months of Sales and Use Tax
collections, receipts of the Sales and Use Tax were not less than 100% of the maximum Annual
Debt Service on all then Outstanding Bonds and Subordinate Obligations, plus the Subordinate
Obligations then proposed to be issued. Notwithstanding anything herein to the contrary, no
Subordinate Obligations shall be issued unless there is no default at the time of issuance under this
Indenture.
Section 215. Temporary Bonds. Until Bonds in definitive form are ready for delivery,
the City may execute, and upon the request of the City, the Trustee shall authenticate and deliver,
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subject to the provisions, limitations and conditions set forth herein, one or more Bonds in
temporary form, whether printed, typewritten, lithographed or otherwise produced, substantially
in the form of the definitive Bonds, with appropriate omissions, variations and insertions, and in
authorized denominations. Until exchanged for Bonds in definitive form, such Bond in temporary
form shall be entitled to the lien and benefit of this Indenture. Upon the presentation and surrender
of any Bond or Bonds in temporary form, the City shall, without unreasonable delay, prepare,
execute and deliver to the Trustee and the Trustee shall authenticate and deliver, in exchange
therefor, a Bond or Bonds in definitive form. Such exchange shall be made by the Trustee without
making any charge therefor to the Holder of such Bond in temporary form.
Section 216. Book-Entry Bonds; Securities Depository. The Bonds shall initially be
registered to Cede & Co., the nominee for The Depository Trust Company, New York, New York
the “ Securities Depository”), and no Beneficial Owner will receive certificates representing their
respective interests in the Bonds, except in the event the Trustee issues replacement bonds as
provided in this Section 216. It is anticipated that during the term of the Bonds, the Securities
Depository will make book-entry transfers among its Participants and receive and transmit
payment of principal of, premium, if any, and interest on, the Bonds to the Participants until and
unless the Trustee authenticates and delivers replacement bonds to the Beneficial Owners as
described in the following paragraph.
1) If the City or the Trustee determines (A) that the Securities Depository is unable to
properly discharge its responsibilities, or ( B) that the Securities Depository is no longer qualified
to act as a securities depository and registered clearing agency under the Securities and Exchange
Act of 1934, as amended, or (C) that the continuation of a Book-Entry System to the exclusion of
any Bonds being issued to any Bondholder other than Cede & Co. is no longer in the best interests
of the Beneficial Owners of the Bonds, or ( 2) if the Trustee receives written notice from
Participants representing interests in not less than 50% of the Bonds Outstanding, as shown on the
records of the Securities Depository ( and certified to such effect by the Securities Depository), that
the continuation of a Book-Entry System to the exclusion of any Bonds being issued to any
Bondholder other than Cede & Co. is no longer in the best interests of the Beneficial Owners of
the Bonds, then the Trustee shall notify the Bondholders of such determination or such notice and
of the availability of certificates to Bondholders requesting the same, and the Trustee shall register
in the name of and authenticate and deliver replacement bonds to the Beneficial Owners or their
nominees in principal amounts representing the interest of each; provided, that in the case of a
determination under (A) or (B) of this paragraph, the City or the Trustee may select a successor
securities depository in accordance with the following paragraph to effect book-entry transfers. In
such event, all references to the Securities Depository herein shall relate to the period of time when
the Securities Depository has possession of at least one Bond. Upon the issuance of replacement
bonds, all references herein to obligations imposed upon or to be performed by the Securities
Depository shall be deemed to be imposed upon and performed by the Trustee, to the extent
applicable with respect to such replacement bonds. If the Securities Depository resigns and the
City, the Trustee or Bondholders are unable to locate a qualified successor of the Securities
Depository in accordance with the following paragraph, then the Trustee shall authenticate and
cause delivery of replacement bonds to Bondholders, as provided herein. The Trustee may rely
conclusively on information from the Securities Depository and its Participants as to the names
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and addresses of the Beneficial Owners of the Bonds. The cost of printing, registration,
authentication, and delivery of replacement bonds shall be paid for by the City.
In the event the Securities Depository resigns, is unable to properly discharge its
responsibilities, or is no longer qualified to act as a securities depository and registered clearing
agency under the Securities and Exchange Act of 1934, as amended, the City may appoint a
successor Securities Depository provided the Trustee receives written evidence satisfactory to the
Trustee with respect to the ability of the successor Securities Depository to discharge its
responsibilities. Any such successor Securities Depository shall be a securities depository which
is a registered clearing agency under the Securities and Exchange Act of 1934, as amended, or
other applicable statute or regulation that operates a securities depository upon reasonable and
customary terms. The Trustee upon its receipt of a Bond or Bonds for cancellation shall cause the
delivery of Bonds to the successor Securities Depository in appropriate denominations and form
as provided herein.
ARTICLE III
REDEMPTION OF BONDS BEFORE MATURITY
Section 301. Redemption of Series 2026 Bonds. The Series 2026 Bonds shall be subject
to redemption prior to maturity as follows:
a) The Series 2026 Bonds shall be redeemed prior to maturity, in whole or in part, on
any interest payment date, in inverse order of maturity and by lot in such manner as the Trustee
shall determine within a maturity, at a redemption price equal to 100% of the principal amount
being redeemed, plus accrued interest to the date of redemption, from Project Fund moneys in
excess of the amount needed to complete the Water/Wastewater System Project, the Parks System
Project, the Animal Services Facility Project, the Trails System Project, the Transportation System
Project, the Sustainability Project, the Aquatics/Recreation Center Project or the Fire Department
Project, which moneys shall be transferred to the Redemption Fund pursuant to Section 502 hereof.
b) The Series 2026 Bonds shall be redeemed prior to maturity, in whole or in part, on
any interest payment date, in inverse order of maturity and by lot in such manner as the Trustee
shall determine within a maturity, at a redemption price equal to 100% of the principal amount
being redeemed, plus accrued interest to the date of redemption, from Surplus Tax Receipts
deposited in the Redemption Fund pursuant to Section 503 hereof. While any of the Series 2026
Bonds are Outstanding, all Surplus Tax Receipts shall be allocated to the redemption of the Series
2026 Bonds.
c) The Series 2026 Bonds are subject to redemption with funds from any source, at
the option of the City, communicated in a written notice to the Trustee not less than sixty (60) days
prior to the date fixed for redemption, in whole or in part on any date on or after ________1, 20__,
in such maturities as shall be selected by the City and by lot in such manner as the Trustee shall
determine within a maturity, at a redemption price equal to 100% of the principal amount being
redeemed plus accrued interest to the date of redemption.
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d) The Series 2026 Bonds maturing on November 1, 20__ are subject to mandatory
sinking fund redemption prior to maturity in part, on November 1 in the years and principal
amounts set forth below at a redemption price equal to 100% of the principal amount being
redeemed plus accrued interest to the date of redemption.
Year Principal Amount
20__ $
20__
20__ ( maturity)
e) The Series 2026 Bonds maturing on November 1, 20__ are subject to mandatory
sinking fund redemption prior to maturity in part, on November 1 in the years and principal
amounts set forth below at a redemption price equal to 100% of the principal amount being
redeemed plus accrued interest to the date of redemption.
Year Principal Amount
20__ $
20__
20__ ( maturity)
f) The Series 2026 Bonds maturing on November 1, 20__ are subject to mandatory
sinking fund redemption prior to maturity in part, on November 1 in the years and principal
amounts set forth below at a redemption price equal to 100% of the principal amount being
redeemed plus accrued interest to the date of redemption.
Year Principal Amount
20__ $
20__
20__ ( maturity)
At its option, to be exercised on or before the 45th day next preceding any mandatory
sinking fund redemption date for any Series 2026 Bonds maturing November 1, 20__, 20__ or
20__ (the “ Term Bonds”), the City may deliver to the Trustee for cancellation Term Bonds of the
appropriate maturity, or portions thereof ($ 5,000 or any integral multiple thereof), in any aggregate
principal amount desired. Each such Term Bond, or portion thereof, so delivered or previously
redeemed ( otherwise than through mandatory sinking fund redemption) and cancelled by the
Trustee shall be credited by the Trustee at 100% of the principal amount thereof on the obligation
of the City with respect to each such Term Bond on such mandatory sinking fund redemption date,
and any excess over such amount shall be credited on future mandatory sinking fund redemption
obligations with respect to such Term Bond in chronological order, and the principal amount of
the corresponding Term Bonds so to be redeemed shall be accordingly reduced.
Section 302. Notice. Notice of the call for any redemption, identifying the Bonds or
portions thereof being called and the date on which they shall be presented for payment, shall be
mailed by the Trustee by first class mail (or, so long as the Securities Depository or its nominee is
the sole registered owner of the Bonds, by any other means acceptable to the Securities Depository,
including facsimile) to the registered owner of each such Bond addressed to such registered owner
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at his registered address and placed in the mails not less than thirty (30) nor more than sixty (60)
days prior to the date fixed for redemption; provided, however, that failure to give such notice by
mailing, or any defect therein, shall not affect the validity of any proceeding for the redemption of
any Bond with respect to which no such failure or defect has occurred. Any notice mailed as
provided in this Section 302 shall be conclusively presumed to have been duly given, whether or
not the registered owner receives the notice.
Section 303. Selection of Bonds to be Redeemed. If less than all of the Bonds of like
series, maturity, interest rate and otherwise identical payment terms shall be called for redemption,
the particular Bonds or portions of Bonds to be redeemed shall be selected by lot by the Trustee in
such manner as the Trustee in its discretion may deem fair and appropriate; provided, however,
that the portion of any Bond of a denomination of larger than the minimum denomination may be
redeemed in the principal amount of such minimum denomination or a multiple thereof, and that
for purposes of selection and redemption, any such Bond of a denomination larger than the
minimum denomination shall be considered to be that number of separate Bonds of such minimum
denomination which is obtained by dividing the principal amount of such Bond by such minimum
denomination. So long as the Securities Depository or its nominee is the sole registered owner of
a series of Bonds, the procedures established by the Securities Depository shall control with respect
to the selection of the particular Bonds of such series to be redeemed.
Section 304. Surrender of Bonds Upon Redemption. Notice having been given in the
manner and under the conditions hereinabove provided, and moneys for payment of the
redemption price being held by the Trustee as provided in this Indenture (i)the Bonds or portions
of Bonds so called for redemption shall, on the date fixed for redemption designated in such notice,
become due and payable at the redemption price provided for redemption of such Bonds, and
interest on such Bonds or portions of Bonds so called for redemption shall cease to accrue, ( ii) upon
surrender of the Bonds or portions of Bonds so called for redemption in accordance with such
notice, such Bonds or portions of Bonds shall be paid at the applicable redemption price, ( iii) such
Bonds or portions of Bonds shall cease to be entitled to any lien, benefit or security under this
Indenture, and ( iv) the owners of said Bonds or portions of Bonds shall have no rights in respect
thereof except to receive payment of the redemption price thereof.
Section 305. Redemption in Part. Any Bond which is to be redeemed only in part shall
be surrendered to the Trustee (with, if the City or the Trustee so requires, due endorsement by, or
a written instrument of transfer in form satisfactory to the City and the Trustee duly executed by,
the owner thereof or his attorney duly authorized in writing), and the appropriate officials of the
City shall execute and the Trustee shall authenticate and deliver to the owner of such Bond, without
service charge, a new Bond or Bonds of the same series, of any authorized denomination or
denominations, having the same maturity and interest rate as requested by such owner, in aggregate
principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond
so surrendered.
Section 306. Redemption of Additional Bonds. Additional Bonds may be made subject
to optional, extraordinary and mandatory sinking fund redemption, in whole or in part, in such
manner, at such times and at such prices as may be provided in the Supplemental Indenture
providing for their issuance.
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ARTICLE IV
GENERAL COVENANTS AND REPRESENTATIONS
Section 401. Payment of Principal, Premium, if any, and Interest. The City covenants
that it will promptly pay or cause to be paid the principal of and premium, if any, and interest on
every Bond issued under this Indenture at the place, on the dates and in the manner provided herein
and in the Bonds according to the true intent and meaning thereof. The principal, premium, if any,
and interest ( except interest paid from the proceeds from the sale of the Bonds and accrued interest)
are payable solely from the Trust Estate which is hereby specifically pledged to the payment
thereof in the manner and to the extent herein specified, and nothing in the Bonds or this Indenture
should be considered as assigning or pledging any funds or assets of the City other than the Trust
Estate. Anything in this Indenture to the contrary notwithstanding, it is understood that whenever
the City makes any covenants involving financial commitments it pledges no funds or assets other
than the Trust Estate in the manner and to the extent herein specified, but nothing herein shall be
construed as prohibiting the City from using any other funds or assets. The City covenants to use
due diligence in causing the collection of the Sales and Use Tax.
Section 402. Performance of Covenants. The City covenants that it will faithfully
perform at all times any and all covenants, undertakings, stipulations and provisions contained in
this Indenture, in any and every Bond executed, authenticated and delivered hereunder, and in all
ordinances pertaining hereto. The City covenants that it is duly authorized under the Constitution
and laws of the State of Arkansas, including particularly and without limitation Amendment 62
and the Act, to issue the Bonds authorized hereby and to execute this Indenture and to make the
pledge of the receipts of the Sales and Use Tax and to make the covenants in the manner and to
the extent herein set forth, that all action on its part for the issuance of the Bonds and the execution
and delivery of this Indenture has been duly and effectively taken, and that the Bonds in the hands
of the Holders and owners thereof are and will be valid and enforceable obligations of the City
according to the import thereof.
Section 403. Instruments of Further Assurance. At any and all times the City shall, so
far as it may be authorized by law, pass, make, do, execute, acknowledge and deliver, all and every
such further resolutions, ordinances, acts, deeds, conveyances, assignments, transfers and
assurances as may be necessary or desirable for the better assuring, conveying, granting, pledging,
assigning and confirming of all and singular the receipts from the Sales and Use Tax and all other
moneys hereby pledged or assigned, or intended so to be, or which the City may become bound to
pledge or assign.
Section 404. Recordation and Filing. To the extent necessary, the City covenants that it
will cause this Indenture, such security agreements, financing statements, and all supplements
thereto and other instruments as may be required from time to time to be kept, to be recorded and
filed in such manner and in such places as may be required by law in order to fully preserve and
protect the security of the owners of the Bonds and the rights of Trustee hereunder, and to perfect
the security interest created by this Indenture.
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Section 405. Inspection of Books. The City shall keep proper books of record and
account ( separate from all other records and accounts) in which complete and correct entries shall
be made of its transactions relating to the Projects and the Funds and Accounts established by this
Indenture.
Section 406. Tax Covenants. The City shall not use or permit the use of any Bond
proceeds or any other funds of the City, directly or indirectly, in any manner, and will not take or
permit to be taken any other action or actions which would adversely affect the exclusion of interest
on any Bond from gross income for federal income tax purposes. No part of the proceeds of the
Bonds shall at any time be used, directly or indirectly, to acquire securities or obligations the
acquisition of which would cause any of such Bonds to be an “ arbitrage bond” as defined in
Sections 148(a) and (b) of the Code. The City agrees that so long as any of the Bonds remain
Outstanding, it will comply with the provisions of each applicable Tax Compliance Agreement.
Section 407. Trustee’s and Paying Agent’s Fees and Expenses. Subject to the
provisions of Section 902 hereof, the City hereby agrees and covenants to make payments for the
fees, expenses and charges of the Trustee and Paying Agent, if any, as authorized and provided by
this Indenture. The City is to make payments on statements rendered by the Trustee and Paying
Agent either (i)directly to the Trustee and Paying Agent or (ii)pursuant to Section 503(b) hereof.
Section 408. Construction of Projects; Certification of Completion Dates. The City
hereby covenants to use its best efforts to acquire, construct and equip each portion of the Projects
being financed with proceeds of the Bonds with all reasonable dispatch and to use its best efforts
to cause the acquisition, construction and equipping of such portion of each Project to be completed
as soon as may be practicable, but in any case within a period not to exceed three years after the
issuance of the applicable series of Bonds, delays caused by force majeure only excepted, but if
for any reason such acquisition, construction and equipping is not completed within said period,
there shall be no diminution or postponement of payments required hereunder to be made by the
City. Promptly after each such Completion Date, the City shall submit to the Trustee the certificate
of the City’s Chief Financial Officer which shall specify the Completion Date and shall state that
acquisition, construction and equipping of the portion of the Project being financed with a
particular series of Bond proceeds has been completed and the Project Costs have been paid, except
for any Project Costs which have been incurred but are not then due and payable, or the liability
for the payment of which is being contested or disputed by the City, and for the payment of which
the Trustee is directed to retain specified amounts of moneys in the Project Fund. Notwithstanding
the foregoing, such certificate may state that it is given without prejudice to any rights against third
parties which exist at the date thereof or which may subsequently come into being.
Section 409. Encumbrances. The City covenants that it will not create or suffer to be
created any lien or charge upon the Trust Estate, except in accordance with the provisions of this
Indenture.
Section 410. Continuing Disclosure. The City hereby covenants and agrees that it will
comply with and carry out all of the provisions of each Continuing Disclosure Agreement.
Notwithstanding any other provision of this Indenture to the contrary, failure of the City or the
Trustee to comply with a Continuing Disclosure Agreement shall not be considered an Event of
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Default hereunder; however, the Trustee may (and at the request of the Original Purchaser of a
series of Bonds or the Beneficial Owners of at least 25% in aggregate Outstanding principal
amount of such series of Bonds, and upon being indemnified to its satisfaction, shall) or any
Beneficial Owner may seek specific performance by court order, to cause the City to comply with
its obligations under this Section 410. For purposes of this Section 410 only, “Beneficial Owner”
shall mean any Person which ( a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any Bonds (including Persons holding Bonds through
nominees, depositories or other intermediaries) or (b) is treated as the owner of Bonds for federal
income tax purposes.
ARTICLE V
FUNDS AND DEPOSITS
Section 501. Creation of Funds and Accounts. ( a) There are hereby created and
established the following Funds and Accounts:
i) Project Fund, and a Water/Wastewater System Project Account,
Parks System Project Account, Animal Service Facility Project Account, Trails
System Project Account, Transportation System Project Account, Sustainability
Project Account, Aquatics/ Recreation Center Project Account, and Fire
Department Project Account therein;
ii) Revenue Fund;
iii) Bond Fund, and an Interest Account and a Principal Account
therein;
iv) Redemption Fund;
v) Cost of Issuance Fund; and
vi) Rebate Fund.
b) All Funds and Accounts shall be held by the Trustee, which shall hold and
maintain said Funds and Accounts in trust, for the use and benefit of the Bondholders and
the City, but subject to the permitted applications expressed herein.
Section 502. Project Fund. (a) The Trustee shall deposit portions of the proceeds of the
Series 2026 Bonds to the credit of various Accounts in the Project Fund in accordance with the
written directions of the City given as provided in Section 208 of this Indenture.
b) Moneys credited to the Project Fund shall be expended only as set forth in
this Section 502.
c) Amounts in each Account of the Project Fund shall be expended and applied
only for the payment of Project Costs related to the applicable Project. Disbursements shall
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be made from the Project Fund on the basis of consecutively numbered Requisitions in the
form attached hereto as Exhibit C signed by an Authorized Representative. Requisitions
may be submitted to the Trustee by certified mail, first class mail, by facsimile transmission
or by electronic mail. If the Trustee deems that a Requisition submitted by the City is
sufficient pursuant to this Section 502, the amount requested thereunder shall be disbursed
in payment of the Project Costs set forth therein, or in reimbursement of such Project Costs,
within two (2) business days of the date of receipt of such Requisition by the Trustee. Each
Requisition shall specify:
i) the particular Project to which it relates;
ii) the name of the person or party to whom payment is to be made and
the purpose of the payment;
iii) the amount to be paid thereunder;
iv) that such amount has not been previously paid by the City and is
justly due and owing to the person( s) named therein as a proper payment or
reimbursement of a Project Cost; and
v) that no Event of Default exists under the Indenture and that, to the
knowledge of the Authorized Representative, no event has occurred and continues
which with notice or lapse of time or both would constitute an Event of Default
under the Indenture.
d) The Trustee shall keep full and complete records concerning and reflecting
all disbursements from the Project Fund and shall file an accounting of said disbursements
if and when requested by the City. The Trustee shall only make payments from the Project
Fund pursuant to and in accordance with Requisitions. In making payments from the
Project Fund, the Trustee may rely on any Requisitions delivered to it pursuant to this
Section 502, and the Trustee shall be relieved of all liability relating to payments made in
accordance with such Requisitions and any supporting certificate or certificates requested
by the Trustee without physical inspection of the applicable Project. Within ninety (90)
days following completion of the portion of a Project being financed with a particular series
of Bonds, the City shall deliver to the Trustee its Certificate stating that the applicable
portion of such Project is complete and the Trustee shall transfer the remaining moneys in
the applicable Account of the Project Fund relating to such series of Bonds ( save and
except moneys needed to satisfy unpaid Project Costs) to the Redemption Fund for
application to the retirement of Bonds by redemption or purchase, as provided by
Section 301(a) and (b) and Section 506 hereof.
e) Upon the occurrence and continuance of an Event of Default or the
occurrence and continuance of an event which with notice or lapse of time or both would
constitute an Event of Default, amounts on deposit in the Project Fund shall not be
disbursed but shall instead be applied to the payment of Debt Service or the redemption
price of the Bonds.
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Section 503. Revenue Fund. (a) There shall be deposited to the credit of the Revenue
Fund, as and when received, all receipts derived from the Sales and Use Tax. For the purposes of
financial reporting by the City with respect to the Sales and Use Tax, “ receipts” and “ revenues”
shall have the same meaning.
b) Upon receipt, but in no event later than the last day of each month in which
receipts of the Sales and Use Tax are deposited in the Revenue Fund, commencing no later
than __________, 2026, there shall be transferred from the Revenue Fund, in the following
order, the amounts set forth below:
FIRST: For deposit to the Interest Account of the Bond Fund, an amount equal to
one-sixth (1/6) of the interest on the Outstanding Bonds due on the next interest payment
date (provided, however, with respect to the deposits to be made to the Interest Account
during the months of _______,2026 through ________, 202_, such deposits shall be in an
amount equal to one-_____ ( 1/_) of the interest due on the Series 2026 Bonds on
1, 202_);
SECOND: For deposit to the Principal Account of the Bond Fund, an amount
equal to one-twelfth (1/12) of the next scheduled principal maturity of Outstanding Bonds
including mandatory sinking fund redemptions) ( provided, however, with respect to the
Series 2026 Bonds, such deposits shall not commence until November, 2026);
THIRD: For deposit to the Rebate Fund, an amount sufficient to satisfy the City’s
obligations under Section 507 hereof;
FOURTH: For payment to the Trustee and Paying Agent, the amount, if any,
necessary to pay or reimburse the Trustee and Paying Agent for fees and expenses related
to the Bonds; and
FIFTH: All remaining moneys (“ Surplus Tax Receipts”) will be transferred to the
Redemption Fund and shall be applied to call Bonds for redemption prior to maturity as
provided in Section 301( b) and Section 506 hereof.
c) Required deposits into the Accounts of the Bond Fund shall be reduced by
investment earnings, if any, in said Fund and Accounts and, with respect to required deposits to
the Interest Account of the Bond Fund only, by any accrued interest deposited to the Interest
Account of the Bond Fund upon the initial sale of a series of Bonds. In the event there shall be
insufficient moneys in the Revenue Fund in a particular month to make the required transfers
described above, then any deficiencies shall be added to the required deposits during the next
month.
Section 504. Bond Fund. (a) There shall be deposited to the credit of the appropriate
Account of the Bond Fund all moneys required to be transferred thereto pursuant to Sections 208,
503, 505, 506 and 508 of this Indenture and all other moneys received for said Fund.
b) Moneys credited to the Bond Fund shall be expended only as set forth in
this Section 504.
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c) ( i) On each interest payment date for any of the Bonds Outstanding, the
Trustee shall pay out of moneys credited to the Interest Account of the Bond Fund the
amounts required for the payment of interest on the Bonds due on such date, and on each
redemption date, the amounts required for the payment of accrued interest on Bonds then
to be redeemed or purchased unless the payment of such accrued interest shall be otherwise
provided for, and such amounts shall be applied to such payments.
ii) On each principal payment or redemption date for any of the Bonds
Outstanding, the Trustee shall pay out of moneys credited to the Principal Account
of the Bond Fund the amounts required for the payment of principal and premium,
if any, due on the Bonds on such date and such amounts shall be applied to such
payments.
iii) If there shall be insufficient moneys in the Bond Fund to pay in full
interest, principal or premium, if any, due on the Bonds on any interest or principal
payment or redemption date, the Trustee shall, one day prior to such date, transfer
an amount equal to the deficiency into the appropriate Account of the Bond Fund
from the Funds indicated in the following order:
FIRST: the Revenue Fund; and
SECOND: the Redemption Fund.
d) All payments made pursuant to this Section 504 shall be made in
immediately available funds.
Section 505. Cost of Issuance Fund. There shall be deposited to the credit of the Cost of
Issuance Fund all moneys received for said Fund pursuant to Section 208 hereof. The Trustee
shall pay those Costs of Issuance as directed by the City pursuant to a Certificate delivered on a
Closing Date. After all Costs of Issuance have been paid ( and in any event not later than
1, 2026 with respect to the Series 2026 Bonds), any remaining moneys in the Cost of
Issuance Fund shall be transferred to the Interest Account of the Bond Fund.
Section 506. Redemption Fund. ( a) There shall be deposited to the credit of the
Redemption Fund all moneys required to be transferred thereto pursuant to Section 502 and
Section 503 of this Indenture.
b) Moneys credited to the Redemption Fund shall be expended only as set forth
in this Section 506.
c) Moneys in the Redemption Fund shall be transferred to the Principal
Account of the Bond Fund at such times as may be necessary to effectuate, on the first
available date, redemptions of Bonds required by Section 301(a) and (b) of this Indenture.
While any of the Series 2026 Bonds are Outstanding, all Surplus Tax Receipts shall be
allocated to the redemption of the Series 2026 Bonds.
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d) The amounts accumulated in the Redemption Fund, if so directed by the
City by means of a Certificate delivered to the Trustee, shall be applied by the Trustee to
the purchase of Bonds of the maturities which would otherwise be redeemed pursuant to
Section 301( a) and ( b) and this Section 506 but for the provisions of this subsection ( d), at
prices directed by the City not exceeding the applicable redemption prices of the Bonds
which would be redeemed but for the operation of this sentence. Interest accrued on the
Bonds so purchased shall be paid from moneys credited to the Interest Account of the Bond
Fund.
Section 507. Rebate Fund. (a) The Trustee shall establish and maintain, separate and
apart from any other Funds and Accounts established and maintained hereunder, a Fund to be
designated as the Rebate Fund, which Fund is not pledged to the payment of any Bonds. Subject
to the transfer provisions provided in subsection ( c) below, all moneys at any time deposited in the
Rebate Fund shall be held by the Trustee in trust, to the extent required to satisfy the Rebate
Amount ( as defined in each Tax Compliance Agreement), for payment to the United States of
America, and neither the City nor the Owner of any Bond shall have any rights in or claim to such
money. All amounts deposited into or on deposit in the Rebate Fund shall be governed by this
Section 507, by Section 406, and by each Tax Compliance Agreement (which are incorporated
herein by reference).
b) As provided in Section 503(b) hereof, there shall be deposited in the Rebate
Fund the amount of all income or gain on moneys deposited in any of the Funds and
Accounts established by this Indenture which is required to be rebated to the United States
and is designated for deposit therein, as calculated by the City to be owing to the United
States pursuant to the Tax Compliance Agreement, which shall be delivered by the City
concurrently with the issuance of a series of Bonds.
c) The Trustee, upon receipt of written instructions from the Mayor or Chief
Financial Officer of the City, shall pay to the United States out of amounts in the Rebate
Fund such amounts as are required pursuant to each Tax Compliance Agreement.
d) Any moneys remaining in the Rebate Fund after payment to the United
States, within sixty (60) days after the date on which the last Bond is redeemed, of one
hundred percent ( 100%) of the rebate amount as described in Section 148(f)(2) of the Code,
shall be transferred to the Revenue Fund.
e) The Trustee, as instructed by Certificate of the City, shall invest all amounts
held in the Rebate Fund in Investment Securities, subject to the restrictions set forth in the
applicable Tax Compliance Agreement. Money shall not be transferred from the Rebate
Fund except as provided in subsection (c).
f) Notwithstanding any other provision of this Indenture, the obligation to
remit the Rebate Amount to the United States and to comply with all other requirements of
this Section 507, Section 406 and each Tax Compliance Agreement shall survive the
defeasance or payment in full of the Bonds.
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Section 508. [RESERVED].
Section 509. Cessation of Fund Deposits. When the moneys in the Revenue Fund, the
Bond Fund and the Redemption Fund shall be and remain sufficient to pay in full the principal and
interest on all Bonds then Outstanding in accordance with Article VII of this Indenture, together
with the required fees and expenses to be paid or reimbursed to the Trustee and any Paying Agent,
the City shall have no further obligation to make further payments into said Funds. Pursuant to
Arkansas Code Annotated Section 14-164-329(c)(2), the Sales and Use Tax shall be abolished on
the first day of the calendar quarter subsequent to the expiration of ninety ( 90) days from the date
there is filed with the Director of the Arkansas Department of Finance and Administration a written
statement signed by the Mayor and the Trustee wherein either ( a) the Trustee certifies that it has
or will have sufficient funds on hand to pay the principal of and interest on the Bonds at maturity
or upon redemption prior to maturity, and the Mayor certifies that the Sales and Use Tax is not
pledged to any other indebtedness of the City, or (b) the Mayor certifies that there are no longer
any Bonds outstanding payable from receipts of the Sales and Use Tax.
Section 510. Separate Accounts Authorized. A Supplemental Indenture authorizing the
issuance of Additional Bonds may provide for the creation of separate Accounts within the Bond
Fund, Project Fund, Costs of Issuance Fund and Rebate Fund for such series of Bonds and such
other Accounts as the City may direct; provided, that the creation of such separate Accounts shall
be solely for the ease of administration and shall in no event affect the equal and ratable security
of the Bonds of each series.
If any Supplemental Indenture authorizing the issuance of Additional Bonds provides for
the establishment of separate Accounts for a series of Bonds, then such Supplemental Indenture
shall require that the receipts of the Sales and Use Tax received by the City shall be deposited
pursuant to written direction of the City into each of the Accounts within the Bond Fund on the
basis of the installments of principal, premium, if any, and interest on each series of Bonds during
the applicable period, to the end that the Bonds of each series shall be equally and ratable secured
by the receipts of the Sales and Use Tax.
Any Supplemental Indenture authorizing the issuance of Additional Bonds may provide
that any proceeds of such series of Bonds and investment earnings thereon remaining after some
specified date, or after the construction of all facilities to be financed with the proceeds of such
series of Bonds, shall be applied to the redemption of such series of Bonds.
ARTICLE VI
INVESTMENTS
Section 601. Investment of Moneys. At the direction of the City or absent such direction,
the Trustee shall invest moneys in Funds or Accounts held by the Trustee in Investment Securities
with maturity or redemption dates consistent with the times at which said moneys will be required
for the purposes provided in this Indenture. Moneys in separate Funds or Accounts may be
commingled for the purpose of investment.
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Section 602. Investment Earnings. Subject to the provisions of the Tax Compliance
Agreement and Article V hereof, Investment Securities purchased with moneys held in or
attributable to any Fund or Account held by the Trustee under the provisions of this Indenture shall
be deemed at all times to be a part of such Fund or Account and the income or interest earned,
profits realized or losses suffered by a Fund or Account due to the investment thereof shall be
retained in, credited or charged, as the case may be, to such Fund or Account unless otherwise
provided pursuant to this Indenture.
Section 603. Valuation of Funds. In determining the value of any Fund or Account held
by the Trustee under this Indenture, the Trustee shall credit Investment Securities at the fair market
value thereof, as determined by the Trustee by any method selected by the Trustee in its reasonable
discretion. No less frequently than annually, and in any event within thirty (30) days prior to the
end of each Fiscal Year, the Trustee shall determine the value of each Fund and Account held
hereunder and shall report such determination to the City.
The Trustee shall sell or present for redemption any Investment Securities as necessary in
order to provide money for the purpose of making any payment required hereunder, and the Trustee
shall not be liable for any loss resulting from any such sale.
Section 604. Responsibility of Trustee. The Trustee shall not be responsible or liable for
any loss suffered in connection with any investment of moneys made by it at the direction of the
City.
ARTICLE VII
DISCHARGE OF LIEN
Section 701. Discharge of Lien. If the City shall pay or cause to be paid to the owners of
the Bonds the principal, premium, if any, and interest to become due thereon at the times and in
the manner stipulated therein, and if the City shall keep, perform and observe all and singular the
covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and
observed by it on its part, then these presents and the estate and rights hereby granted shall cease,
determine and be void, and thereupon the Trustee shall cancel and discharge the lien of this
Indenture, and execute and deliver to the City such instruments in writing as shall be requisite to
satisfy the lien hereof, and reconvey to the City the estate hereby conveyed, and assign and deliver
to the City any property at the time subject to the lien of this Indenture which may then be in its
possession, except moneys or Government Securities held by it for the payment of the principal of
and premium, if any, and interest on the Bonds.
Section 702. Bonds Deemed Paid. Any Bond shall be deemed to be paid within the
meaning of this Article VII when payment of the principal of and premium, if any, and interest on
such Bond (whether at maturity or upon redemption as provided in this Indenture, or otherwise),
either ( i) shall have been made or caused to be made in accordance with the terms thereof, or
ii)shall have been provided for by irrevocably depositing with the Trustee, in trust and
irrevocably set aside exclusively for such payment, ( 1) moneys sufficient to make such payment
or (2) Government Securities (provided that such deposit will not affect the tax-exempt status of
the interest on any of the Bonds or cause any of the Bonds to be classified as “ arbitrage bonds”
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within the meaning of Section 148(a) of the Code, as reflected in an opinion of Bond Counsel
delivered to the Trustee), maturing as to principal and interest in such amount and at such times as
will provide sufficient moneys to make such payment, and all necessary and proper fees,
compensation and expenses of the Trustee and any Paying Agent pertaining to the Bonds with
respect to which such deposit is made shall have been paid or the payment thereof provided for to
the satisfaction of the Trustee and any said Paying Agent.
In the case of any defeasance of Bonds pursuant to subsection ( ii) above, the dates of
redemption of such Bonds and the principal amounts and maturities of Bonds to be redeemed on
such dates will be determined by taking into consideration the applicable mandatory redemption
requirements with respect to the Bonds to be defeased and the receipts of the Sales and Use Tax
for the most recent twelve months.
Section 703. Non-Presentment of Bonds. In the event any Bonds shall not be presented
for payment when the principal thereof becomes due, either at maturity or otherwise, or at the date
fixed for redemption thereof, if there shall have been deposited with the Trustee for that purpose,
or left in trust if previously so deposited, funds sufficient to pay the principal thereof, and premium,
if any, together with all interest unpaid and due thereon, to the due date thereof, for the benefit of
the Holder thereof, all liability of the City to the Holder thereof for the payment of the principal
thereof, premium if any, and interest thereon, shall forthwith cease, determine and be completely
discharged, and thereupon it shall be the duty of the Trustee to hold such fund or funds, without
liability for interest thereon, for the benefit of the Holder of such Bonds, who shall thereafter be
restricted exclusively to such fund or funds, for any claim of whatever nature on his part under this
Indenture or on, or with respect to, the Bonds.
ARTICLE VIII
DEFAULT PROVISIONS AND REMEDIES
OF TRUSTEE AND BONDHOLDERS
Section 801. Events of Default. Each of the following events shall constitute and is
referred to in this Indenture as an “ Event of Default”:
a) Default in the due and punctual payment of any interest on any Bond;
b) Default in the due and punctual payment of the principal of or premium, if
any, on any Bond, whether at the stated maturity thereof, or upon proceedings for
redemption thereof, or upon the maturity thereof by declaration;
c) Default in the payment of any other amount required to be paid under this
Indenture or the performance or observance of any other of the covenants, agreements or
conditions contained in this Indenture, or in the Bonds issued hereunder, and continuance
thereof for a period of sixty ( 60) days after written notice specifying such failure and
requesting that it be remedied shall have been given to the City by the Trustee, which may
give such notice in its discretion and shall give such notice at the written request of
Bondholders of not less than 51% in aggregate principal amount of the Bonds then
Outstanding, unless the Trustee, or the Trustee and Holders of an aggregate principal
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amount of Bonds not less than the aggregate principal amount of Bonds the Holders of
which requested such notice, as the case may be, shall agree in writing to an extension of
such period prior to its expiration; provided, however, if the failure stated in the notice
cannot be corrected within the applicable period, the Trustee will not unreasonably
withhold its consent to an extension of such time if corrective action is instituted by the
City within such period and is being diligently pursued;
d) The filing of a petition in bankruptcy by or against the City under the United
States Bankruptcy Code or the commencement of a proceeding by or against the City under
any other law concerning insolvency, reorganization or bankruptcy; and
e) If the State has limited or altered the rights of the City pursuant to the Act,
as in force on the date of this Indenture, to fulfill the terms of any agreements made with
the Trustee or the Bondholders or in any way impaired the rights and remedies of the
Trustee or the Bondholders while any Bonds are Outstanding.
The term “ default” as used in clauses ( a), ( b) and ( c) above shall mean default by the City
in the performance or observance of any of the covenants, agreements or conditions on its part
contained in this Indenture or in the Bonds Outstanding hereunder, exclusive of any period of grace
required to constitute a default an “ Event of Default” as hereinabove provided.
Section 802. Acceleration. Upon the occurrence of an Event of Default, the Trustee may,
and upon the written request of the Holders of not less than 51% in aggregate principal amount of
Bonds Outstanding hereunder shall, by notice in writing delivered to the City, declare the principal
of all Bonds then Outstanding, together with the interest accrued thereon, immediately due and
payable, and such principal and interest shall thereupon become and be immediately due and
payable.
Section 803. Other Remedies; Rights of Bondholders. Upon the occurrence of an Event
of Default, the Trustee may, as an alternative, pursue any available remedy by suit at law or in
equity, including, without limitation, mandamus to enforce the payment of the principal of and
premium, if any, and interest on the Bonds then Outstanding hereunder.
If an Event of Default shall have occurred, and if it shall have been requested so to do by
the Holders of not less than 51% in aggregate principal amount of Bonds Outstanding hereunder
and if it shall have been indemnified as provided in Section 901(l) hereof, the Trustee shall be
obligated to exercise such one or more of the rights and powers conferred upon it by this Section
803 as the Trustee, being advised by counsel, shall deem most expedient in the interests of the
Bondholders.
No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to
the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy
shall be cumulative and shall be in addition to any other remedy given hereunder or now or
hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any default or Event of
Default shall impair any such right or power or shall be construed to be a waiver of any such
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default or Event of Default or acquiescence therein; and every such right and power may be
exercised from time to time and as often as may be deemed expedient.
No waiver of any default or Event of Default hereunder, whether by the Trustee or by the
Bondholders, shall extend to or shall affect any subsequent default or Event of Default or shall
impair any rights or remedies consequent thereon.
Section 804. Right of Bondholders to Direct Proceedings. Anything in this Indenture
to the contrary notwithstanding, the Holders of not less than 51% in aggregate principal amount
of Bonds Outstanding hereunder shall have the right, at any time, by an instrument or instruments
in writing executed and delivered to the Trustee, to direct the method and place of conducting all
proceedings to be taken in connection with the enforcement of the terms and conditions of this
Indenture, or for the appointment of a receiver or any other proceeding hereunder; provided that
such direction shall not be otherwise than in accordance with the provisions of law and of this
Indenture.
Section 805. Appointment of Receiver. Upon the occurrence of an Event of Default, and
upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of
the Trustee and of the Bondholders under this Indenture, the Trustee shall be entitled to the
appointment of a receiver or receivers of the Trust Estate and of the tolls, rents, revenues, issues,
earnings, income, products and profits thereof, including, without limitation, the receipts of the
Sales and Use Tax, pending such proceedings with such powers as the court making such
appointment shall confer.
Section 806. Waiver. In case of an Event of Default on its part, as aforesaid, to the extent
that such rights may then lawfully be waived, neither the City nor anyone claiming through the
City or under the City shall or will set up, claim or seek to take advantage of any appraisement,
valuation, stay, extension or redemption laws now or thereafter in force, in order to prevent or
hinder the enforcement of this Indenture, but the City, for itself and all who may claim through or
under it, hereby waives, to the extent that it lawfully may do so, the benefit of all such laws and
all right of appraisement and redemption to which it may be entitled under the laws of the State.
Section 807. Application of Moneys. Available moneys remaining after discharge of
costs, charges and liens prior to this Indenture shall be applied by the Trustee as follows:
a) Unless the principal of all the Bonds shall have become or shall have been
declared due and payable, all such moneys shall be applied:
First: To the payment to the Persons entitled thereto of all installments
of interest then due, in the order of the maturity of the installments of such interest,
and, if the amount available shall not be sufficient to pay in full any particular
installment, then to the payment ratably, according to the amounts due on such
installment, to the Persons entitled thereto, without any discrimination or privilege;
Second: To the payment to the Persons entitled thereto of the unpaid
principal of any of the Bonds which shall have become due (other than Bonds called
for redemption for the payment of which moneys are held pursuant to the provisions
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of this Indenture), in the order of their due dates, with interest on such Bonds from
the respective dates upon which they become due, and, if the amount available shall
not be sufficient to pay in full Bonds due on any particular date, together with such
interest, then to the payment ratably, according to the amount of principal due on
such date, to the Persons entitled thereto without any discrimination or privilege of
any Bond over any other Bond and without preference or priority of principal over
interest or of interest over principal; and
Third: To the payment of the interest on and the principal of the Bonds,
and to the redemption of Bonds, all in accordance with the provisions of Article V
of this Indenture.
b) If the principal of all the Bonds shall have become due or shall have been
declared due and payable, all such moneys shall be applied first to the payment of the
interest then due and unpaid upon the Bonds, and then to the payment of the principal then
due and unpaid upon the Bonds, in each case without preference or priority of any Bond
over any other Bond, ratably, according to the amounts due respectively for principal and
interest, to the Persons entitled thereto.
c) If the principal of all the Bonds shall have been declared due and payable,
and if such declaration shall thereafter have been rescinded and annulled under the
provisions of this Article VIII then, subject to the provisions of paragraph (b) of this Section
807, in the event that the principal of all the Bonds shall later become due or be declared
due and payable, the moneys shall be applied in accordance with the provisions of
paragraph ( a) of this Section 807.
Whenever moneys are to be applied by the Trustee pursuant to the provisions of this
Section 807, such moneys shall be applied by it at such times, and from time to time, as it shall
determine, having due regard to the amount of such moneys available for application and the
likelihood of additional moneys becoming available for such application in the future. Whenever
the Trustee shall apply such funds, it shall fix the date (which shall be an interest payment date
unless it shall deem another date more suitable) upon which such application is to be made and
upon such date interest on the amounts of principal to be paid on such dates shall cease to accrue.
The Trustee shall give such notice as it may deem appropriate of the deposit with it of any such
moneys and of the fixing of any such date and shall not be required to make payment to the Holder
of any Bond until such Bond shall be presented to the Trustee for appropriate endorsement or for
cancellation if fully paid.
Section 808. Remedies Vested in Trustee. All rights of action (including the right to file
proof of claim) under this Indenture or under any of the Bonds may be enforced by the Trustee
without the possession of any of the Bonds or the production thereof in any trial or other
proceeding relating thereto, and any such suit or proceeding instituted by the Trustee shall be
brought in its name as Trustee, without the necessity of joining as plaintiffs or defendants any
Bondholders hereby secured, and any recovery of judgment shall be for the equal benefit of the
Holders of all Outstanding Bonds.
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Section 809. Rights and Remedies of Bondholders. No Bondholder shall have any right
to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture
or for the execution of any trust hereof or for the appointment of a receiver or any other remedy
hereunder, unless a default has occurred of which the Trustee has been notified as provided in
subsection (g) of Section 901, or of which by said subsection it is deemed to have notice, nor unless
such default shall have become an Event of Default and the Holders of not less than 51% in
aggregate principal amount of Bonds Outstanding hereunder shall have made written request to
the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the
powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor
unless also they have offered to the Trustee indemnity as provided in subsection ( l)of Section 901,
nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted,
or to institute such action, suit or proceeding in its own name; and such notification, request and
offer of indemnity are hereby declared in every such case, at the option of the Trustee, to be
conditions precedent to the execution of the powers and trusts of this Indenture, and to any action
or cause of action for the enforcement of this Indenture or for the appointment of a receiver or for
any other remedy hereunder; it being understood and intended that no one or more Holders of the
Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this
Indenture by action of the Holder or Holders or to enforce any right hereunder except in the manner
herein provided, and that all proceedings at law or in equity shall be instituted, held and maintained
in the manner herein provided for the equal benefit of the Holders of all Bonds Outstanding
hereunder. Nothing in this Indenture contained shall, however, affect or impair the right of any
Bondholders to enforce the payment of the principal of and premium, if any, and interest on any
Bonds at and after the maturity thereof, or the obligation of the City to pay the principal of and
premium, if any, and interest on each of the Bonds issued hereunder to the respective Holders
thereof at the time and place in said Bonds expressed.
Section 810. Termination of Proceedings. In case the Trustee shall have proceeded to
enforce any right under this Indenture by the appointment of a receiver or otherwise, and such
proceedings shall have been discontinued or abandoned for any reason, or shall have been
determined adversely to the Trustee, then and in every such case the City and the Trustee shall be
restored to their former positions and rights hereunder with respect to the property herein
conveyed, and all rights, remedies and powers of the Trustee shall continue as if no such
proceedings had been taken, except to the extent the Trustee is legally bound by such adverse
determination.
Section 811. Waivers of Events of Default. The Trustee may, and upon the written
request of the Holders of not less than 51% in principal amount of all Bonds Outstanding hereunder
shall, waive any Event of Default hereunder and its consequences and rescind any declaration of
maturity of principal; provided, however, there shall not be waived any Event of Default described
in clause (a) or (b) of the first paragraph of Section 801 hereof, unless prior to such waiver or
rescission all arrears of principal (due otherwise than by declaration) and interest, and all expenses
of the Trustee and Paying Agent, shall have been paid or provided for. In case of any such waiver
or rescission the City, Trustee and the Bondholders shall be restored to their former positions and
rights hereunder respectively, but no such waiver or rescission shall extend to any subsequent or
other default, or impair any right subsequent thereon.
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ARTICLE IX
TRUSTEE AND PAYING AGENTS
Section 901. Acceptance of Trusts. The Trustee hereby accepts the trusts imposed upon
it by this Indenture and agrees to perform said trusts, but only upon and subject to the following
expressed terms and conditions:
a) The Trustee may execute any of the trusts or powers hereof and perform
any duties required of it by or through attorneys, agents, receivers or employees, and shall
be entitled to advice of counsel concerning all matters of trusts hereof and its duties
hereunder, and may in all cases pay reasonable compensation to all such attorneys, agents,
receivers and employees as may reasonably be employed in connection with the trusts
hereof. Reimbursement of such compensation paid by the Trustee is subject to the
provisions of Section 902 hereof. The Trustee may act upon the opinion or advice of any
attorney, surveyor, engineer or accountant selected by it in the exercise of reasonable care,
or, if selected or retained by the City prior to the occurrence of a default of which the
Trustee has been notified as provided in subsection ( g) of this Section 901, or of which by
said subsection the Trustee is deemed to have notice, approved by the Trustee in the
exercise of such care. The Trustee shall not be responsible for any loss or damage resulting
from an action or nonaction in accordance with any such opinion or advice.
b) The Trustee shall not be responsible for any recital herein, or in the Bonds
except in respect to the certificate of authentication of the Trustee endorsed on such
Bonds), or for the validity of the execution by the City of this Indenture or of any
Supplemental Indentures or instruments of further assurance, or for the sufficiency of the
security for the Bonds issued hereunder or intended to be secured hereby, or for the value
of the title of the property herein conveyed or otherwise as to the maintenance of the
security hereof; except that in the event the Trustee enters into possession of a part or all
of the property herein conveyed pursuant to any provision of this Indenture, it shall use due
diligence in preserving such property; and the Trustee shall not be bound to ascertain or
inquire as to the performance or observance of any covenants, conditions and agreements
aforesaid as to the condition of the property herein conveyed.
c) The Trustee may become the owner of Bonds secured hereby with the same
rights which it would have if not Trustee.
d) The Trustee shall be protected in acting upon any notice, request, consent,
certificate, order, affidavit, letter, telegram or other paper or document believed by it, in
the exercise of reasonable care, to be genuine and correct and to have been signed or sent
by the proper person or persons. Any action taken by the Trustee pursuant to this Indenture
upon the request or authority or consent of the owner of any Bond secured hereby, shall be
conclusive and binding upon all future owners of the same Bond and upon Bonds issued in
exchange therefor or in place thereof.
e) As to the existence or nonexistence of any fact or as to the sufficiency or
validity of any instrument, paper or proceeding, the Trustee shall be entitled to rely upon a
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Certificate of the City signed by its Mayor and attested by the City Clerk as sufficient
evidence of the facts therein contained and, prior to the occurrence of a default of which it
has been notified as provided in subsection (g) of this Section 901, or of which by that
subsection it is deemed to have notice, shall also be at liberty to accept a similar certificate
to the effect that any particular dealing, transaction, or action is necessary or expedient, but
may at its discretion, at the reasonable expense of the City, in every case secure such further
evidence as it may think necessary or advisable but shall in no case be bound to secure the
same. The Trustee may accept a certificate of the City Clerk of the City under its seal to
the effect that a resolution in the form therein set forth has been adopted by the City as
conclusive evidence that such resolution has been duly adopted, and is in full force and
effect.
f) The permissive right of the Trustee to do things enumerated in this
Indenture shall not be construed as a duty of the Trustee, and the Trustee shall be
answerable only for its own gross negligence or willful misconduct.
g) The Trustee shall not be required to take notice or be deemed to have notice
of any default hereunder ( except for defaults under clause ( a) or ( b) of the first paragraph
of Section 801 hereof as to which the Trustee shall be deemed to have notice) unless the
Trustee shall be specifically notified in writing of such default by the City or by the Holders
of at least 10% in aggregate principal amount of Bonds Outstanding hereunder, and all
notices or other instruments required by this Indenture to be delivered to the Trustee must,
in order to be effective, be delivered to the principal corporate trust office of the Trustee,
and in the absence of such notice so delivered, the Trustee may conclusively assume there
is no such default except as aforesaid.
h) [ Reserved].
i) At any and all reasonable times the Trustee, and its duly authorized agents,
attorneys, experts, engineers, accountants and representatives, shall have the right fully to
inspect any and all of the property herein conveyed, including all books, papers and records
of the City pertaining to the receipts of the Sales and Use Tax and the Bonds, and to take
such memoranda from and in regard thereto as may be desired.
j) The Trustee shall not be required to give any bond or surety in respect of
the execution of the said trusts and powers or otherwise in respect of the premises.
k) Notwithstanding anything elsewhere in this Indenture contained, the
Trustee shall have the right, but shall not be required, to demand, in respect of the
authentication of any Bonds, the withdrawal of any cash, the release of any property, or
any action whatsoever within the purview of this Indenture, any showings, certificates,
opinions, appraisals or other information, or corporate action or evidence thereof, in
addition to that by the terms hereof required as a condition of such action by the Trustee,
deemed desirable for the purpose of establishing the right of the City to the authentication
of any Bonds, the withdrawal of any cash, the release of any property, or the taking of any
other action by the Trustee.
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l) Before taking such action hereunder, the Trustee may require that it be
furnished an indemnity bond satisfactory to it for the reimbursement to it of all expenses
to which it may be put and to protect it against all liability, except liability which is
adjudicated to have resulted from the gross negligence or willful misconduct of the Trustee,
by reason of any action so taken by the Trustee.
Section 902. Fees, Charges and Expenses of Trustee and Paying Agents; Trustee’ s
Prior Lien. (a) Subject to subsection (b) of this Section 902, the City shall, from moneys lawfully
available therefor, pay to the Trustee and any Paying Agent reasonable compensation for all
services performed hereunder and also all reasonable expenses, charges and other disbursements
and those of their attorneys, agents and employees incurred in and about the administration and
execution of the trusts hereby created and the performance of the powers and duties hereunder and,
to the extent permitted by law and from moneys lawfully available therefor, shall indemnify and
save the Trustee harmless against any liabilities which it may incur in the exercise and performance
of its powers and duties hereunder. With respect to the Series 2026 Bonds, the Trustee’ s initial
authentication fee shall be $ 13,500 and the administration fee of the Trustee shall be $ 10,000
annually, with an additional $ 500 annual fee for each Account within the Project Fund relating to
a Project financed with proceeds of the Series 2026 Bonds prior to the final Completion Date with
respect to any such Project. If the City shall fail to make any payment required by this
subsection (a), the Trustee may make such payment from any moneys in its possession under the
provisions of this Indenture and shall be entitled to a preference therefor over any of the Bonds
Outstanding hereunder. The City shall not be required to indemnify the Trustee against any
liabilities which the Trustee may incur as a result of negligent or wrongful acts or omissions of the
Trustee.
b) The City shall pay to the Trustee compensation for its services as described in
Section 902(a), provided that such compensation, together with all expenses, charges and other
disbursements of the Trustee and its attorneys, agents and employees and all reimbursements to
the Trustee for all costs and other disbursements as described in Section 901(a) hereof shall not
exceed $ 7,500 annually ( not including the initial authentication fee) without the prior written
approval of the City, which approval shall not be unreasonably withheld. If the Trustee wishes to
consult with or retain counsel for any purpose hereunder whose anticipated fees, together with all
other compensation, disbursements and reimbursements of the Trustee and its attorneys, agents
and employees to be paid by the City hereunder, shall exceed $10,000 annually, then such counsel
shall have to be acceptable to the City and such fees shall have to be approved by the City as
described above.
Section 903. Additional Duties of Trustee. ( a) In addition to the other duties of the
Trustee described in this Indenture, it shall be the duty of the Trustee, on or before the tenth day
of each month after the month in which the Series 2026 Bonds are delivered, to file with the City
a statement setting forth in respect of the preceding calendar month:
i) the amount withdrawn or transferred by it and the amount deposited with it
on account of each Fund and Account held by it under the provisions of this Indenture;
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ii) the amount on deposit with it at the end of such month to the credit of each
such Fund and Account;
iii) a brief description of all obligations held by it as an investment of moneys
in each such Fund and Account;
iv) the amount applied to the purchase or redemption of Bonds under the
provisions of this Indenture and a description of the Bonds or portions of Bonds so
purchased or redeemed; and
v) any other information that the City may reasonably request, including, but
not limited to, submittal of monthly statements of activity relating to the Bonds. Such
information shall also be provided at the direction of the City to one additional designated
entity.
All records and files pertaining to each such Fund and Account in the custody of the Trustee
hereunder shall be open at all reasonable times to the inspection of the City and its agents and
representatives, and the City may make copies thereof.
b) The Trustee additionally shall be responsible for the preparation and timely
distribution of any and all forms and reports required by law to all Bondholders, the State and the
Internal Revenue Service in connection with the payment to the Bondholders of interest on the
Bonds.
Section 904. Notice to Bondholders of Default. If a default occurs of which the Trustee
is pursuant to the provisions of Section 901( g) deemed to have or is given notice, the Trustee shall
promptly make demand upon the City and give notice to each owner of Bonds then Outstanding.
Section 905. Intervention by Trustee. In any judicial proceeding to which the City is a
party and which in the opinion of the Trustee and its counsel has a substantial bearing on the
interests of Holders of Bonds issued hereunder, the Trustee may intervene on behalf of
Bondholders and shall do so if requested in writing by the Holders of at least 51% of the aggregate
principal amount of Bonds Outstanding hereunder. The rights and obligations of the Trustee under
this Section 905 are subject to the approval of the court having jurisdiction in the premises.
Section 906. Merger or Consolidation of Trustee. Any bank or trust company to which
the Trustee may be merged, or with which it may be consolidated, or to which it may sell or transfer
its trust business and assets as a whole or substantially as a whole, or any bank or trust company
resulting from any such sale, merger, consolidation or transfer to which it is a party, ipso facto,
shall be and become successor trustee hereunder and vested with all of the title to the whole
property or Trust Estate and all the trusts, powers, discretions, immunities, privileges and all other
matters as was its predecessor, without the execution or filing of any instrument or any further act,
deed, or conveyance on the part of any of the parties hereto, anything herein to the contrary
notwithstanding; provided, however, that such successor trustee shall have capital and surplus of
at least $40 million.
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Section 907. Resignation by Trustee. The Trustee and any successor trustee may at any
time resign from the trusts hereby created by giving written notice to the City and the Bondholders,
and such resignation shall take effect upon the appointment of a successor trustee by the
Bondholders or by the City. Such notice may be served personally or sent by registered mail ( to
the City) or first class mail (to the Bondholders).
Section 908. Removal of Trustee. The Trustee may be removed at any time by an
instrument or concurrent instruments in writing delivered to the Trustee and to the City, and signed
by the Holders of not less than 51% in aggregate principal amount of Bonds Outstanding
hereunder.
Section 909. Appointment of Successor Trustee. In case the Trustee hereunder shall
resign or be removed, or be dissolved, or shall be in course of dissolution or liquidation, or
otherwise become incapable of acting hereunder, or in case it shall be taken under the control of
any public officer or officers, or of a receiver appointed by the court, a successor may be appointed
by the Holders of not less than 51% in aggregate principal amount of Bonds Outstanding
hereunder, by an instrument or concurrent instruments in writing signed by such Holders, or by
their attorneys in fact, duly authorized; provided, nevertheless, that in case of such vacancy the
City by an instrument executed and signed by its Mayor and attested by its City Clerk under its
seal, shall appoint a temporary trustee to fill such vacancy until a successor trustee shall be
appointed by the Bondholders in the manner above provided. Any such temporary trustee
appointed by the City shall immediately and without further act be superseded by the trustee
appointed by such Bondholders. Every such temporary trustee and every such successor trustee
shall be a trust company or bank in good standing, having capital and surplus of not less than $ 40
million.
Section 910. Concerning Any Successor Trustee. Every successor or temporary trustee
appointed hereunder shall execute, acknowledge and deliver to its predecessor and also to the City
an instrument in writing accepting such appointment hereunder, and thereupon such successor or
temporary trustee, without any further act or conveyance, shall become fully vested with all the
estates, properties, rights, powers, trusts, duties and obligations of its predecessor; but such
predecessor shall, nevertheless, on the written request of the City or of its successor trustee, execute
and deliver an instrument transferring to such successor all the estate, properties, rights, powers
and trusts of such predecessor hereunder; and every predecessor trustee shall deliver all securities,
moneys and any other property held by it as trustee hereunder to its successor. Should any
instrument in writing from the City be required by any successor trustee for more fully and
certainly vesting in such successor the estates, rights, powers and duties hereby vested or intended
to be vested in the predecessor trustee, any and all such instruments in writing shall, on request,
be executed, acknowledged, and delivered by the City.
Section 911. Reliance Upon Instruments. The resolutions, opinions, certificates and
other instruments provided for in this Indenture may be accepted and relied upon by the Trustee
as conclusive evidence of the facts and conclusions stated therein and shall be full warrant,
protection and authority to the Trustee for its actions taken hereunder.
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Section 912. Appointment of Co-Trustee. The City and the Trustee shall have power to
appoint, and upon the request of the Trustee the City shall for such purpose join with the Trustee
in the execution of all instruments necessary or proper to appoint, another corporation or one or
more Persons approved by the Trustee, either to act as co-trustee or co-trustees jointly with the
Trustee of all or any of the property subject to the lien hereof, with such powers as may be provided
in the instrument of appointment and to vest in such corporation or Person or Persons as such co-
trustee any property, title, right or power deemed necessary or desirable. In the event that the City
shall not have joined in such appointment within fifteen ( 15) days after the receipt by it of a request
so to do, the Trustee alone shall have the power to make such appointment. Should any deed,
conveyance or instrument in writing from the City be required by the co-trustee so appointed for
more fully and certainly vesting in and confirming to such co-trustee such properties, rights,
powers, trusts, duties and obligations, any and all such deeds, conveyances and instruments in
writing shall, on request, be executed, acknowledged and delivered by the City. Every such co-
trustee shall, to the extent permitted by law, be appointed subject to the following provisions and
conditions, namely:
1) The Bonds shall be authenticated and delivered, and all powers, duties,
obligations and rights conferred upon the Trustee in respect of the custody of all money
and securities pledged or deposited hereunder, shall be exercised solely by the Trustee; and
2) The Trustee, at any time by an instrument in writing, may remove any such
separate Trustee or co-trustee.
Every instrument, other than this Indenture, appointing any such co-trustee shall refer to
this Indenture and the conditions of this Article IX expressed, and upon the acceptance in writing
by such co-trustee, the co-trustee shall be vested with the estate or property specified in such
instrument, jointly with the Trustee ( except insofar as local law makes it necessary for any separate
trustee to act alone), subject to all the trusts, conditions and provisions of this Indenture. Any such
co-trustee may at any time, by an instrument in writing, constitute the Trustee as the co-trustee’ s
agent or attorney-in-fact with full power and authority, to the extent authorized by law, to do all
acts and things and exercise all discretion authorized or permitted by the co-trustee, for and on
behalf of the co-trustee and in the co-trustee’ s name. In case any co-trustee shall die, become
incapable of acting, resign or be removed, all the estate, properties, rights, powers, trusts, duties
and obligations of said co-trustee shall vest in and be exercised by the Trustee until the appointment
of a new trustee or a successor to such co-trustee.
Section 913. Designation and Succession of Paying Agents. The Trustee and any other
banks or trust companies designated as Paying Agent or Paying Agents in any Supplemental
Indenture or in an instrument appointing a successor Trustee shall be the Paying Agent or Paying
Agents for the Bonds.
Any bank or trust company with which or into which any Paying Agent may be merged or
consolidated, or to which the assets and business of such Paying Agent may be sold, shall be
deemed the successor of such Paying Agent for the purposes of this Indenture. If the position of
Paying Agent shall become vacant for any reason, the City shall, within thirty (30) days thereafter,
appoint such bank or trust company as shall be specified by the City as such Paying Agent to fill
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such vacancy; provided, however, that, if the City shall fail to appoint such Paying Agent within
said period, the Trustee shall make such appointment.
The Paying Agents shall enjoy the same protective provisions in the performance of its
duties hereunder as are specified in Section 901 hereof with respect to the Trustee insofar as such
provisions may be applicable.
ARTICLE X
SUPPLEMENTAL INDENTURES
Section 1001. Supplemental Indentures Not Requiring Consent of Bondholders. The
City and the Trustee may, from time to time and at any time, without the consent of or notice to
the Bondholders, enter into Supplemental Indentures as follows:
a) to cure any formal defect, omission, inconsistency or ambiguity in this
Indenture;
b) to grant to or confer or impose upon the Trustee for the benefit of the
Bondholders any additional rights, remedies, powers, authority, security, liabilities or
duties which may lawfully be granted, conferred or imposed and which are not contrary to
or inconsistent with this Indenture as theretofore in effect, provided that no such additional
liabilities or duties shall be imposed upon the Trustee without its consent;
c) to add to the covenants and agreements of, and limitations and restrictions
upon, the City in this Indenture other covenants, agreements, limitations and restrictions to
be observed by the City which are not contrary to or inconsistent with this Indenture as
theretofore in effect;
d) to confirm, as further assurance, any pledge under, and the subjection to any
claim, lien or pledge created or to be created by, this Indenture, of the Trust Estate or of
any other moneys, securities or funds;
e) to comply with the requirements of the Trust Indenture Act of 1939, as from
time to time amended;
f) to authorize the issuance and sale of one or more series of Additional Bonds;
g) to make such additions, deletions or modifications as may be necessary to
assure compliance with Section 148(f)of the Code relating to required rebate to the United
States or otherwise as may be necessary to assure exemption from federal income taxation
of interest on the Bonds; or
h) to modify, alter, amend or supplement this Indenture in any other respect
which is not materially adverse to the Bondholders and which does not involve a change
described in clause ( a), ( b), ( c), ( d), ( e) or ( f) of Section 1002 hereof and which, in the
judgment of the Trustee, is not to the prejudice of the Trustee.
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Section 1002. Supplemental Indentures Requiring Consent of Bondholders. Subject
to the terms and provisions contained in this Section 1002, and not otherwise, the Holders of not
less than 2/3 in aggregate principal amount of the Bonds then Outstanding shall have the right,
from time to time, anything contained in this Indenture to the contrary notwithstanding, to consent
to and approve the execution by the City and the Trustee of such indenture or indentures
supplemental hereto as shall be deemed necessary and desirable by the City for the purpose of
modifying, altering, amending, adding to, or rescinding, in any particular, any of the terms or
provisions contained in this Indenture or in any Supplemental Indenture; provided, however, that
nothing herein contained shall permit or be construed as permitting (a) an extension of the maturity
or mandatory redemption date) of the principal of or the interest on any Bond issued hereunder,
or (b) a reduction in the principal amount of or redemption premium or rate of interest on any Bond
issued hereunder, or ( c) the creation of any lien on the Trust Estate or any part thereof, except as
hereinbefore expressly permitted, or (d) a privilege or priority of any Bond or Bonds over any
other Bond or Bonds, or ( e) a reduction in the aggregate principal amount of the Bonds required
for consent to such Supplemental Indenture, or ( f) depriving the Holder of any Bond then
Outstanding of the lien hereby created on the Trust Estate. Nothing herein contained, however,
shall be construed as making necessary the approval of Bondholders of the execution of any
Supplemental Indenture as provided in Section 1001 of this Article X.
If,at any time the City shall request the Trustee to enter into any Supplemental Indenture
for any of the purposes of this Section, the Trustee shall, at the expense of the City, cause notice
of the proposed execution of such Supplemental Indenture to be mailed by first class mail to each
registered owner of the Bonds. Such notice shall briefly set forth the nature of the proposed
Supplemental Indenture and shall state that copies thereof are on file at the principal office of the
Trustee for inspection by Bondholders. The Trustee shall not, however, be subject to any liability
to any Bondholder by reason of its failure to mail such notice, and any such failure shall not affect
the validity of such Supplemental Indenture when consented to and approved as provided in this
Section 1002. If the Holders of not less than 2/3 in aggregate principal amount of the Bonds
Outstanding at the time of the execution of any such Supplemental Indenture shall have consented
to and approved the execution thereof as herein provided, no Holder of any Bond shall have any
right to object to any of the terms and provisions contained therein, or the operation thereof, or in
any manner to question the propriety of the execution thereof, or to enjoin or restrain the Trustee
or the City from executing the same or from taking any action pursuant to the provisions thereof.
Section 1003. Effect of Supplemental Indentures. Upon the execution of any
Supplemental Indenture entered into pursuant to Section 1001 or 1002 hereof, this Indenture shall
be deemed to be modified and amended in accordance therewith.
ARTICLE XI
RESERVED]
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ARTICLE XII
MISCELLANEOUS
Section 1201. Consents, etc. of Bondholders. Any request, direction, objection or other
instrument required by this Indenture to be signed and executed by the Bondholders may be in any
number of concurrent writings of similar tenor and may be signed or executed by such Bondholders
in person or by agent appointed in writing. Proof of the execution of any such request, direction,
objection or other instrument or of the writing appointing any such agent and of the ownership of
Bonds, if made in the following manner, shall be sufficient for any of the purposes of this
Indenture, and shall be conclusive in favor of the Trustee with regard to any action taken by it
under such request or other instrument, namely:
a) The fact and date of the execution by any Person of any such writing may
be proved by the certificate of any officer in any jurisdiction who by law has power to take
acknowledgments within such jurisdiction that the Person signing such writing
acknowledged before such officer the execution thereof, or by an affidavit of any witness
to such execution.
b) The fact of ownership of Bonds and the amount or amounts, numbers, and
other identification of such Bonds, and the date of holding the same shall be proved by the
registration books of the City maintained by the Trustee, as Bond registrar.
Section 1202. Notices. Except as otherwise provided in this Indenture, all notices,
certificates or other communications shall be sufficiently given and shall be deemed given when
mailed by registered or certified mail, postage prepaid, to the City or the Trustee. Notices,
certificates or other communications shall be sent to the following addresses:
City: City of Fayetteville
City Administration Building
113 West Mountain
Fayetteville, Arkansas 72701
Attention: Mayor
Trustee: Simmons Bank
501 Main Street
Pine Bluff, Arkansas 71601
Attention: Corporate Trust
Either of the foregoing may, by notice given hereunder, designate any further or different addresses
to which subsequent notices, certificates or other communications shall be sent.
Section 1203. Limitation of Rights. With the exception of rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Indenture, or the Bonds
issued hereunder, is intended or shall be construed to give to any person or company other than
the parties hereto, and the Holders of the Bonds secured by this Indenture any legal or equitable
rights, remedy, or claim under or in respect to this Indenture or any covenants, conditions, and
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provisions hereof being intended to be and being for the sole exclusive benefit of the parties hereto
and the Holders of the Bonds hereby secured as herein provided.
Section 1204. Severability. If any provisions of this Indenture shall be held or deemed
to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any
jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any
provisions or any constitution or statute or rule of public policy, or for any other reason, such
circumstances shall not have the effect of rendering the provision in question inoperative or
unenforceable in any other case or circumstance, or of rendering any other provision or provisions
herein contained invalid, inoperative or unenforceable to any extent whatever.
The invalidity of any one or more phrases, sentences, clauses or paragraphs in this
Indenture contained shall not affect the remaining portions of this Indenture or any part thereof.
Section 1205. Applicable Provisions of Law. This Indenture shall be considered to have
been executed in the State of Arkansas and it is the intention of the parties that the substantive law
of the State of Arkansas govern as to all questions of interpretation, validity and effect.
Section 1206. Counterparts. This Indenture may be executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 1207. Successors and Assigns. All the covenants, stipulations, provisions,
agreements, rights, remedies and claims of the parties hereto in this Indenture contained shall bind
and inure to the benefit of their successors and assigns.
Section 1208. Captions. The captions or headings in this Indenture are for convenience
only and in no way define, limit or describe the scope or intent of any provisions or sections of
this Indenture.
Section 1209. Photocopies and Reproductions. A photocopy or other reproduction of
this Indenture may be filed as a financing statement pursuant to the Uniform Commercial Code,
although the signatures of the City and the Trustee in such reproduction are not original manual
signatures.
Section 1210. Bonds Owned by the City. In determining whether Bondholders of the
requisite aggregate principal amount of the Bonds have concurred in any direction, consent or
waiver under this Indenture, Bonds which are owned by the City shall be disregarded and deemed
not to be Outstanding for the purpose of any such determination, except that, for the purpose of
determining whether the Trustee shall be protected in relying on any such direction, consent or
waiver, only Bonds which the Trustee knows are so owned shall be so disregarded. Bonds so
owned which have been pledged in good faith may be regarded as Outstanding if the pledgee
establishes to the satisfaction of the Trustee the pledgee’ s right so to act with respect to such Bonds
and that the pledgee is not the City. In case of a dispute as to such right, any decision by the
Trustee taken upon the advice of counsel shall be full protection to the Trustee.
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4920-7269-1379.2
IN WITNESS WHEREOF, the City has caused these presents to be signed in its name and
behalf by its Mayor and attested by its City Clerk, and, to evidence its acceptance of the trust
hereby created, the Trustee has caused these presents to be signed in its behalf by its duly
authorized officers.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor
ATTEST:
City Clerk
SIMMONS BANK, as Trustee
By:
Title:
ATTEST:
By:
Title:
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4920-7269-1379.2
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON )
Before me a Notary Public, duly commissioned, qualified and acting within and for the
State and county aforesaid, appeared in person the within named Molly Rawn and Kara Paxton,
Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, to me personally known,
who stated that they were duly authorized in their respective capacities to execute the foregoing
instrument for and in the name of the City, and further stated and acknowledged that they had
signed, executed and delivered the foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this ___ day
of _________,2026.
Notary Public
My Commission expires:
SEAL)
ACKNOWLEDGEMENT TO TRUST INDENTURE]
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4920-7269-1379.2
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF JEFFERSON )
Before me a Notary Public, duly commissioned, qualified and acting within and for the
State and county aforesaid, appeared in person the within named ______________ and
the ____________________ and the _____________________,
respectively, of Simmons Bank, to me personally known, who stated that they were duly
authorized in their respective capacities to execute the foregoing instrument for and in the name
of the bank, and further stated and acknowledged that they had signed, executed and delivered the
foregoing instrument for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this ___ day
of _________,2026.
Notary Public
My Commission expires:
SEAL)
ACKNOWLEDGEMENT TO TRUST INDENTURE]
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4920-7269-1379.2
EXHIBIT A TO TRUST INDENTURE
Form of Series 2026 Bond
Unless this certificate is presented by an authorized representative of The Depository Trust
Company, a New York corporation (“ DTC”), to the City or its agent for registration of transfer,
exchange or payment, and any certificate issued is registered in the name of Cede & Co. or in such
other name as is requested by the authorized representative of DTC ( and any payment is made to
Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any
transfer, pledge or other use hereof for value or otherwise by or to any person is wrongful
inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
REGISTERED REGISTERED
No. R26-___ $___________
UNITED STATES OF AMERICA
STATE OF ARKANSAS
CITY OF FAYETTEVILLE, ARKANSAS
SALES AND USE TAX CAPITAL IMPROVEMENT AND REFUNDING BOND
SERIES 2026
Interest Rate: ____% Maturity Date: November 1, 20__
Date of Bond: _____________, 2026 CUSIP: ______________
Registered Owner: CEDE & CO.
Principal Amount: ____________________________________________________ DOLLARS
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, Arkansas, a municipality and political subdivision organized
and existing by virtue of the laws of the State of Arkansas (the “City”), for value received, promises
to pay to the Registered Owner shown above, or registered assigns, on the Maturity Date shown
above, but solely from the source and in the manner hereinafter set forth, the Principal Amount
shown above, and in like manner to pay interest on said amount from the date hereof until payment
of such Principal Amount has been made or duly provided for, at the Interest Rate per annum
shown above, such interest to be payable semiannually on May 1 and November 1 of each year,
commencing _________ 1, 202_, except as the provisions hereinafter set forth with respect to
redemption of this bond prior to maturity may become applicable hereto. The principal of and
premium, if any, on this bond are payable in lawful money of the United States of America upon
the presentation and surrender hereof at the principal corporate trust office of Simmons Bank, Pine
Bluff, Arkansas, or its successor or successors, as trustee (the “ Trustee”). So long as Cede & Co.
or another nominee of DTC is the registered owner of this bond, payment of interest hereon shall
be made by wire transfer of immediately available funds by the Trustee to the Registered Owner
as of the fifteenth day of the calendar month preceding the calendar month in which such interest
payment date shall fall (the “ Record Date”). At any time thereafter, payment of interest hereon
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shall be made by check or draft of the Trustee to the Registered Owner as of the applicable Record
Date, at the owner’ s address as it appears on the bond registration books of the City kept by the
Trustee.
This bond, designated “ Sales and Use Tax Capital Improvement and Refunding Bond,
Series 2026”, is one of a series of bonds aggregating _____________________________ Dollars
the “ Series 2026 Bonds”). The Series 2026 Bonds are being issued in part for
the purpose of financing all or a portion of the costs of ( i) water and wastewater system
rehabilitation and improvements ( the “ Water/ Wastewater System Project”); ( ii) parks system and
related improvements (the “ Parks System Project”); ( iii) an animal services facility and related
improvements ( the “ Animal Services Facility Project”); ( iv) trail system and related improvements
the “ Trails System Project”); ( v) streets and transportation-related improvements ( the
Transportation System Project”); ( vi) a recycling drop-off facility and a household hazardous
waste facility and related improvements (the “Sustainability Project”); (vii) an aquatics/recreation
center and related improvements ( the “ Aquatics/ Recreation Center Project”); and ( viii) a fire
training facility and fire station construction and related improvements and the acquisition of
firefighting vehicles, equipment and apparatus ( the “ Fire Department Project,” and together with
the Water/Wastewater System Project, the Parks System Project, the Animal Services Facility
Project, the Trails System Project, the Transportation System Project, the Sustainability Project
and the Aquatics/Recreation Center Project, the “ Projects”).
The Series 2026 Bonds are also being issued for the purpose of financing the defeasance
and redemption of the City’s (i) Sales and Use Tax Capital Improvement Bonds, Series 2022 (the
Series 2022 Bonds”), and ( ii) Sales and Use Tax Capital Improvement Bonds, Series 2024 ( the
Series 2024 Bonds,” and together with the Series 2022 Bonds, the “ Prior Bonds”).
Series 2026 Bond proceeds will be utilized to pay Project costs, to refund the Prior Bonds,
and to pay the costs of issuance of the Series 2026 Bonds.
The Series 2026 Bonds are issued under and are secured by and entitled to the protection
of a Trust Indenture dated as of _________1, 2026 (the “Indenture”), by and between the City and
the Trustee, which Indenture is available for inspection at the principal corporate trust office of the
Trustee. Reference is hereby made to the Indenture and to all indentures supplemental thereto for
the provisions, among others, with respect to the nature and extent of the security, the rights, duties
and obligations of the City, the Trustee and the owners of the Series 2026 Bonds, and the terms
upon which the Series 2026 Bonds are issued and secured.
The Series 2026 Bonds are issued pursuant to and in full compliance with the Constitution
and laws of the State of Arkansas, including particularly Amendment No. 62 to the Constitution
of Arkansas, as implemented by the Local Government Bond Act of 1985, codified as Arkansas
Code Annotated §§14-164-301 et seq. ( as from time to time amended, the “ Local Government
Bond Act”), Ordinance No. ____ of the City adopted __________, 2026, which ordinance
authorized the execution and delivery of the Indenture, and a special election duly held on March
3, 2026, at which a majority of the qualified electors of the City voting approved the issuance of
the Series 2026 Bonds. In accordance with the Local Government Bond Act, the City has pledged
all receipts from a one percent (1.00%) local sales and use tax (the “Sales and Use Tax”) levied by
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the City pursuant to Ordinance No. 6920, adopted by the City on October 21, 2025, to provide
funds for the repayment of the Series 2026 Bonds.
The pledge of the receipts of the Sales and Use Tax (the “Tax Receipts”) presently secures
payment of the Series 2026 Bonds. Said Tax Receipts may additionally be pledged to secure the
payment of up to $________in aggregate principal amount of Additional Bonds issued under the
provisions of the Indenture. The Indenture provides that the City may hereafter issue Additional
Bonds from time to time under certain terms and conditions contained in the Indenture and, if
issued or incurred, such Additional Bonds will rank on a parity of security with the Series 2026
Bonds and be equally and ratably secured by and entitled to the protection of the Indenture.
The Series 2026 Bonds are not general obligations of the City, but are special obligations
secured by an irrevocable pledge of and lien on the Tax Receipts, as more particularly described
in the Indenture. In no event shall the Series 2026 Bonds constitute an indebtedness of the City
within the meaning of any constitutional or statutory limitation.
The holder of this Series 2026 Bond shall have no right to enforce the provisions of the
Indenture or to institute action to enforce the covenants therein, or to take any action with respect
to any event of default under the Indenture, or to institute, appear in or defend any suit or other
proceeding with respect thereto, except as provided in the Indenture. In certain events, on the
conditions, in the manner and with the effect set forth in the Indenture, the principal of all the
Series 2026 Bonds and Additional Bonds, if any, issued under the Indenture and then outstanding
may be declared and may become due and payable before the stated maturity thereof, together with
accrued interest thereon. Modifications or alterations of the Indenture, or of any indenture
supplemental thereto, may be made only to the extent and in the circumstances permitted by the
Indenture.
The Series 2026 Bonds shall be redeemed prior to maturity, in whole or in part, on any
interest payment date, in inverse order of maturity and by lot in such manner as the Trustee shall
determine within a maturity, at a redemption price equal to 100% of the principal amount being
redeemed, plus accrued interest to the date of redemption, from Project Fund moneys in excess of
the amount needed to complete the Water/ Wastewater System Project, the Parks System Project,
the Animal Services Facility Project, the Trails System Project, the Transportation System Project,
the Sustainability Project, the Aquatics/ Recreation Center Project or the Fire Department Project.
The Series 2026 Bonds shall be redeemed prior to maturity, in whole or in part, on any
interest payment date, in inverse order of maturity and by lot in such manner as the Trustee shall
determine within a maturity, at a redemption price equal to 100% of the principal amount being
redeemed, plus accrued interest to the date of redemption, from Surplus Tax Receipts. “ Surplus
Tax Receipts” are Tax Receipts in excess of the amount necessary (i)to ensure the prompt payment
of scheduled debt service on the Series 2026 Bonds and Additional Bonds, (ii)pay any arbitrage
rebate due under Section 148(f)of the Internal Revenue Code of 1986, as amended, with respect
to the Series 2026 Bonds or any Additional Bonds, and (iii) pay Trustee and Paying Agent fees
and expenses. While any of the Series 2026 Bonds remain Outstanding, all Surplus Tax Receipts
shall be allocated to the redemption of the Series 2026 Bonds.
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4920-7269-1379.2
The Series 2026 Bonds are subject to redemption with funds from any source, at the option
of the City, communicated in a written notice to the Trustee not less than sixty ( 60) days prior to
the date fixed for redemption, in whole or in part on any date on or after __________ 1, 20__, in
such maturities as shall be selected by the City and by lot in such manner as the Trustee shall
determine within a maturity, at a redemption price equal to 100% of the principal amount being
redeemed plus accrued interest to the date of redemption.
The Series 2026 Bonds maturing on November 1, 20__, are subject to mandatory sinking
fund redemption prior to maturity in part, on November 1 in the years and amounts set forth below
at a redemption price equal to the principal amount thereof plus accrued interest to the date of
redemption, without premium;
Year Principal Amount
20__ $
20__ $
20__ ( maturity) $
The Series 2026 Bonds maturing on November 1, 20__, are subject to mandatory sinking
fund redemption prior to maturity in part, on November 1 in the years and amounts set forth below
at a redemption price equal to the principal amount thereof plus accrued interest to the date of
redemption, without premium; and
Year Principal Amount
20__ $
20__ $
20__ (maturity) $
The Series 2026 Bonds maturing on November 1, 20__, are subject to mandatory sinking
fund redemption prior to maturity in part, on November 1 in the years and amounts set forth below
at a redemption price equal to the principal amount thereof plus accrued interest to the date of
redemption, without premium; and
Year Principal Amount
20__ $
20__ $
20__ (maturity) $
At its option, to be exercised on or before the 45th day next preceding any mandatory
sinking fund redemption date for any Series 2026 Bonds, the City may deliver to the Trustee for
cancellation Series 2026 Bonds of the appropriate maturity, or portions thereof ($ 5,000 or any
integral multiple thereof), in any aggregate principal amount desired. Each such Series 2026 Bond,
or portion thereof, so delivered or previously redeemed (otherwise than through mandatory sinking
fund redemption) and canceled by the Trustee shall be credited by the Trustee at 100% of the
principal amount thereof on the obligation of the City on such mandatory sinking fund redemption
date, and any excess over such amount shall be credited on future mandatory sinking fund
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redemption obligations of that maturity in chronological order, and the principal amount of such
Series 2026 Bonds so to be redeemed shall be accordingly reduced.
Notwithstanding the foregoing, so long as DTC or its nominee is the sole registered owner
of the Series 2026 Bonds, the particular Series 2026 Bonds or portions thereof to be redeemed in
part within a maturity shall be selected by lot by DTC in such manner as DTC shall determine. In
selecting Series 2026 Bonds for redemption prior to maturity, in the case any outstanding Series
2026 Bond is in a denomination greater than $5,000, each $5,000 of face value of such Series 2026
Bond shall be treated as a separate Series 2026 Bond of the denomination of $5,000.
In the event any of the Series 2026 Bonds or portions thereof (which shall be $5,000 or any
integral multiple thereof) are called for redemption, notice thereof shall be given by the Trustee by
first class mail to the registered owner of each such Series 2026 Bond addressed to such registered
owner at his registered address and placed in the mails not less than thirty ( 30) nor more than sixty
60) days prior to the date fixed for redemption; provided, however, that failure to give such notice
by mailing, or any defect therein, shall not affect the validity of the proceedings for the redemption
of any Series 2026 Bond with respect to which no such failure or defect has occurred. Each notice
shall identify the Series 2026 Bonds or portions thereof being called, and the date on which they
shall be presented for payment. After the date specified in such call notice, the Series 2026 Bond
or Bonds so called for redemption will cease to bear interest provided funds sufficient for their
redemption have been deposited with the Trustee, and, except for the purpose of payment, shall no
longer be protected by the Indenture and shall not be deemed to be outstanding under the provisions
of the Indenture.
This Series 2026 Bond may be transferred on the books of registration kept by the Trustee
by the registered owner or by his duly authorized attorney upon surrender hereof, together with a
written instrument of transfer duly executed by the registered owner or his duly authorized
attorney.
The Series 2026 Bonds are issuable as registered bonds without coupons in denominations
of $5,000 and any integral multiple thereof. Subject to the limitations and upon payment of the
charges provided in the Indenture, Series 2026 Bonds may be exchanged for a like aggregate
principal amount of Series 2026 Bonds of other authorized denominations.
No recourse shall be had for the payment of the principal of or premium, if any, or interest
on any of the Series 2026 Bonds or for any claim based thereon or upon any obligation, covenant
or agreement contained in the Series 2026 Bonds or the Indenture against any past, present or
future City Council member, officer or employee of the City, or any successor, as such, either
directly or through the City or any successor of the City, under any rule of law or equity, statute
or constitution or by the enforcement of any assessment or penalty or otherwise, and all such
liability of any such City Council member, officer or employee as such is hereby expressly waived
and released as a condition of and consideration for the issuance of any of the Series 2026 Bonds.
This Series 2026 Bond is issued with the intent that the laws of the State of Arkansas will
govern its construction.
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4920-7269-1379.2
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and
things required to exist, happen and be performed precedent to and in the issuance of the Series
2026 Bonds do exist, have happened and have been performed in due time, form and manner as
required by law; that the indebtedness represented by the Series 2026 Bonds, together with all
obligations of the City, does not exceed any constitutional or statutory limitation; and that the
revenues pledged to the payment of the principal of and premium, if any, and interest on the Series
2026 Bonds as the same become due and payable will be sufficient in amount for that purpose.
This Series 2026 Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Indenture until the Certificate of Authentication hereon
shall have been signed by the Trustee.
IN WITNESS WHEREOF, the City of Fayetteville, Arkansas has caused this Series 2026
Bond to be executed by its Mayor and City Clerk, thereunto duly authorized ( by their manual or
facsimile signatures), and its corporate seal to be affixed or imprinted hereon, all as of the date
hereof shown above.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor
ATTEST:
By:
City Clerk
S E A L)
Form of Trustee’ s Certificate)
TRUSTEE’ S CERTIFICATE OF AUTHENTICATION
This bond is one of the Series 2026 Bonds of the issue described in and issued under the
provisions of the within mentioned Indenture.
Attached hereto is the complete text of the opinion of Kutak Rock LLP, a signed original
of which is on file with the undersigned, delivered and dated the date of the original delivery of
and payment for the Series 2026 Bonds.
SIMMONS BANK,
as Trustee
By:
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Authorized Signature
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4920-7269-1379.2
Form of Assignment)
ASSIGNMENT
FOR VALUE RECEIVED, _________________________, hereby sells, assigns, and
transfers unto __________________________ , the within Bond and all rights thereunder, and
hereby irrevocably constitutes and appoints __________________________________________
as attorney to transfer the within Bond on the books kept for registration thereof with full power
of substitution in the premises.
DATE: _____________,20__.
Transferor
GUARANTEED BY:
NOTICE: Signature( s) must be guaranteed by an institution satisfactory to the Trustee or other
transfer agent.
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EXHIBIT B TO TRUST INDENTURE
COVERAGE CERTIFICATE
City of Fayetteville, Arkansas
Series 2026 Sales and Use Tax Capital Improvement and Refunding Bonds
Date:________________________
TO: Simmons Bank, as Trustee
This certificate is provided pursuant to the provisions of Section 212 of the Trust Indenture
dated as of ___________1, 2026 (the “Indenture”), by and between the City of Fayetteville, Arkansas
the “ Issuer”) and you, as trustee, in connection with the proposed issuance of Additional Bonds. In
connection with such issuance or drawdown, the undersigned certifies as follows:
a) Receipts of the 1.00% Sales and Use Tax
for the preceding twelve ( 12) months*: $___________
b) Maximum Annual Debt Service
on all Outstanding Bonds and
Subordinate Obligations, plus
the proposed Additional Bonds: $___________
c) ( a) divided by (b) = ______% ( which is greater than 150%)
Receipts of the Existing Tax (as defined in the Indenture) may be included as receipts of the Sales and Use Tax for all
or any portion of the most recent twelve (12) month period during which the Sales and Use Tax (as defined in the Indenture)
was not being collected.
The undersigned hereby certifies that he is authorized to deliver this Certificate on behalf of
the Issuer.
No Event of Default exists under the Indenture and, to the knowledge of the undersigned,
no event has occurred and continues which with notice or lapse of time or both would constitute
an Event of Default under the Indenture. All capitalized terms not otherwise defined herein shall
have the meanings set forth in the Indenture.
CITY OF FAYETTEVILLE, ARKANSAS
By:_______________________________________
Chief Financial Officer
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EXHIBIT C TO TRUST INDENTURE
REQUISITION
City of Fayetteville, Arkansas
Series 2026 Sales and Use Tax Capital Improvement and Refunding Bonds
Date:________________________
Requisition No.:_______________
TO: Simmons Bank, as Trustee
Pursuant to the provisions of Section 502 of the Trust Indenture dated as of ___________1,
2026 (the “ Indenture”), by and between the City of Fayetteville, Arkansas (the “ Issuer”) and you, as
trustee, you are authorized to make the following described payment directly to the Payee named
below (or to reimburse the City for making such payment) from the __________ Project Account of
the Project Fund:
Name and Address of Payee: ____________________________________
Amount of Payment: $___________________________________
General Classification of
the Expenditures: ____________________________________
The undersigned hereby certifies that he is authorized to deliver this Requisition on behalf of
the Issuer.
The amount requested hereunder has not been the basis for any previous Requisition by the
Issuer and is justly due and owing to the person(s) named herein as a proper payment or
reimbursement of a Project Cost with respect to the ____________ Project.
No Event of Default exists under the Indenture and, to the knowledge of the undersigned,
no event has occurred and continues which with notice or lapse of time or both would constitute
an Event of Default under the Indenture.
CITY OF FAYETTEVILLE, ARKANSAS
By:_______________________________________
Authorized Representative
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CITY COUNCIL MEMO
2026-2142
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Kit Williams, City Attorney
FROM: Sarah Moore, Ward 2, Position 1
SUBJECT: An Ordinance to promote transparency
RECOMMENDATION:
Council Member Sarah Moore recommends passing an Ordinance prohibiting the City of Fayetteville from
entering into nondisclosure agreements that restrict disclosure of public records or public business beyond that
authorized by law, and to declare an emergency.
BACKGROUND:
The Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-101 et seq., declares that public business
should be conducted in an open and public manner.
DISCUSSION:
The Fayetteville City Council finds that transparency and public confidence are best served when city officials,
employees, contractors, and representatives understand that no agreement may supersede the requirements
of the Arkansas Freedom of Information Act. The use of nondisclosure agreements or confidentiality
provisions involving public business may undermine the public’s ability to evaluate governmental decisions and
expenditures.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Sarah Moore Request and Approval, 4. City Attorney Kit Williams Memo
Mailing address:
113 W. Mountain Street www. fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2026-2142
AN ORDINANCE PROHIBITING THE CITY OF FAYETTEVILLE FROM ENTERING INTO
NONDISCLOSURE AGREEMENTS THAT RESTRICT DISCLOSURE OF PUBLIC
RECORDS OR PUBLIC BUSINESS BEYOND THAT AUTHORIZED BY LAW, AND TO
DECLARE AN EMERGENCY
WHEREAS, the Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-101 et seq., declares
that public business should be conducted in an open and public manner; and
WHEREAS, the Fayetteville City Council finds that transparency and public confidence are best served
when city officials, employees, contractors, and representatives understand that no agreement may
supersede the requirements of the Arkansas Freedom of Information Act; and
WHEREAS, the use of nondisclosure agreements or confidentiality provisions involving public
business may undermine the public’s ability to evaluate governmental decisions and expenditures.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the City of
Fayetteville shall not enter into, approve, or enforce any nondisclosure agreement or confidentiality
agreement relating to the conduct of public business and that any provision in a contract, settlement
agreement, memorandum of understanding, or other instrument that purports to restrict disclosure
beyond that required by state or federal law shall be void as against public policy and unenforceable.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines if requested by
City Staff for consideration of a needed nondisclosure agreement, such proposed agreement shall be
submitted to the City Council for consideration at a public meeting following a public hearing. No
confidentiality agreement shall become effective unless approved by Ordinance or resolution adopted by
a majority vote of the City Council.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that nothing in
this ordinance shall prohibit the City from protecting records that are exempt from disclosure under:
a. The Arkansas Freedom of Information Act;
b. Any state or federal statute requiring confidentiality;
c. Court order; or
d. Any other protection recognized by Arkansas law.
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Ordinance:
File Number: 2026-2142
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that the City
Attorney shall provide guidance to City departments regarding compliance with this ordinance and the
Arkansas Freedom of Information Act and shall review proposed confidentiality provisions in all City
contracts for legal compliance prior to signing by any staff or elected city person.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby determines that if any
section, subsection, sentence, clause, phrase, or provision of this ordinance is declared unconstitutional
or invalid, such declaration shall not affect the validity of the remaining portions of this ordinance.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby determines that both the
city staff signing a nondisclosure agreement as well as the City Attorney’ s Office reviewing the
document shall submit the final document to the City Clerk’s Office for archive in the public record and
be readily available for review by the public.
Section 7: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby
determines that an emergency exists so that this Ordinance shall become effective immediately after its
passage and approval.
Page 2
Additional Information Received
Date Received: 07/02/2026
MM/DD/YYYY
Time: 8:54 AM
00:00 (AM/PM)
From: City Attorney Kit Williams
Name & Title
To: City Council
Name & Title
Agenda Meeting Date: 07/07/2026
MM/DD/YYYY
Civic Clerk Number: 2026-2142
Ex. 2025-994
Forwarded to City N/A Attorney’ s Office and
Department Head
Board, Committee, and Commission Advertisement
The advertisement for open vacancies can be viewed on the Fayetteville Government Channel
Cox Channel 216 and AT&T Channel 99) and on our website by visiting www.fayetteville-ar.gov.
Black Heritage Preservation Commission
One Unexpired Member at Large Term Ending December 31, 2027
Civil Service Commission
One Unexpired Public at Large Term Ending March 31, 2031.
Fayetteville Arts Council
One Unexpired Arts and Cultural Community Resident Term Ending June 30, 2027
Historic District Commission
One Unexpired Member at Large Term Ending June 30, 2029
Planning Commission
One Unexpired Citizen at Large Term Ending March 31, 2027
Town and Gown Advisory Board
One Ward 1, 3, or 4 Representative Term Ending September 30, 2028
Urban Forestry Advisory Board
One Unexpired Land Development Representative Term Ending December 31, 2027
Application Deadline
All applications must be received by 5:00 p.m. on Friday, July 24, 2026.
Applications will not be accepted after the deadline.
All volunteers must reside within the Fayetteville city limits. A separate application must be submitted for each board,
committee or commission for which you wish to be considered. Applications may be submitted online via the website
to cityclerk@fayetteville-ar.gov, or they may be printed, completed, and mailed to:
Office of the City Clerk Treasurer
113 West Mountain Street
Fayetteville, AR 72701
Please contact us by phone at 479-575-8323 or by email at cityclerk@fayetteville-ar.gov
Additional Information Received
Date Received:
MM/DD/YYYY 07/07/2026
Time :
00:00 (AM/PM) 3:54 PM
From:
Name & Title Stacy Barnes, City Attorney Paralegal
To:
Name & Title City Council
Agenda Meeting Date:
MM/DD/YYYY 07/07/2026
Civic Clerk Number:
Ex. 2025-994 2026-2142
Forwarded to City
Attorney’s Office and
Department Head
n/a
Additional Information Received
Date Received:
MM/DD/YYYY
07/02/2026
Time:
00:00 (AM/PM)
8:54 AM
From:
Name & Title
City Attorney Kit Williams
To:
Name & Title
City Council
Agenda Meeting Date:
MM/DD/YYYY
07/07/2026
Civic Clerk Number:
Ex. 2025-994
2026-2142
Forwarded to City
Attorney’s Office and
Department Head
N/A