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HomeMy WebLinkAbout93-81 RESOLUTION• RESOLUTION NO. 93-1/ A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH COMBS CONSTRUCTION COMPANY, INC., FOR THE RELOCATION AND ADJUSTMENT OF SEWER FACILITIES ALONG U.S. HIGHWAY 71 FROM U.S. HIGHWAY 71 BY-PASS TO ARKANSAS HIGHWAY 68. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Combs Construction Company, Inc. for the relocation and adjustment of sewer facilities along U.S. Highway 71 from U.S. Highway 71 by-pass to Arkansas Highway 68 at a total contract price of $79,257.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this /5 day of 242,t. , 1981. 4'ATT ST. ;Ale! tid 1 CITY: CLERK 4 LION At h APPROVED: MAYOR CERTIFICATE OF &DOUR D State 'df ArkansasSS City of Fayetteville I, Vivirn Kcettel, City Clerk and Er Officio recorder for the City of Fayetteville, do here• by certify that the annexed or foregoing is of record in my office and the same ap- peaars�in Ordinance e Resolution book page 6 Witness my, hand and seal this K day, of 19. City Clerk and Ex -Officio Recorder 4.17 O. T. WILLIAMS. JR. L. CARL YATES • • Re: MCGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS October 28, 1981 Builder's Risk and Installation Policy Policy No. 2-54 MSF -477 71 58 Relocation and Adjustment of Sewer Facilities Fayetteville, Arkansas Plans No. Fy-84 Mrs. Vivian D. Koettel City Clerk City of Fayetteville Drawer F Fayetteville, Arkansas Dear Mrs. Koettel: 909 ROLLING HILLS DRIVE FAYETTEVILLE. ARK. 72701 TELEPHONE 443-3404 The Certificate of Insurance previously furnished on the Combs Construction Company job referred to above listed the builder's risk and installation floater policy as being "bound" but not yet issued This policy has now been furnished and a copy is enclosed and may be filed in the insurance folder in the contract specifications 4-• Th4re is also enclosed the endorsement to this policy adding the city of Fayetteville as an additional insured. We requested this endorsement, only now received, which accounts for the delay in trans- mission of this policy. 9 -- _ Cordially yours. BLG:jr Enclosures Brian L. Gartside I, • DECLARATIONS 'POLICY-■� 77 .NUMBER 254 'MSF- 4 �.I'7 (1 J SPECIAL FLOATER .POLICY LROLICY PER10D;;,FROM,.9-'23-81.To.12-1-81'.` " 02:01. STANDARD' TIME AT THE PLACE OF; OF; ISSUANCE) • ." AT 1201 A:M. STANDARD TIME AT -PLACE OF ISSUANCE, TO THE EXTENT 1HAT COVERAGE IN - ' N" 'THIS, POLICY REPLACES COVERAGE IN -OTHER -POLICIES TERMINATING NOON STANDARD ;TIME- ON`THEINCEPTION DATE OF: THIS POLICY. COVERAGE UNDER THIS POLICY SHALL NOT ;'BECOME EFFECTIVE UNTIL SUCH OTHER COVERAGE HAS TERMINATED. •- - INS,UREO'S NAME: AND MAILING. ADDRESS COMBS CONSTRUCTION COMPANY. PO'BOX 783 FAY.ETTEV3LLE� ARA. 72701 FIREMANS FUND INSURANCE COMPANIES .A.A COVERAGES PROVIDED IN THE FOLFOWING .-f-r: COMPANY, A STOCK COMPANY. 07 NATIONAL SURETY CORP. AM0UIV I .J RATE -• PREMIUM .:79,257. • $ $ 75. ONINCEPTION'DATE ,. FIRST ANNIVERSARY SECOND'ANNIVERSARY' .$ INSTALLMENTS ARE PAYABLE: - - - $ $ $. _ IN GONS OERATION, OF• THE STIPULATIONS HEREIN NAMED AND OF THE. PREMIUM SPECIFIED THE COMPANY DOES INSURE THE INSURED NAMED 'ABOVE, HEREIN'. CALLED THE INSURED! WHOSE ADDRESS IS' SHOWN ABOVE, FROM THE 'INCEPTION DATE, TO THE EXPIRATION DATE, BOTH SHOWN ABOVE. TO AN AMOUNT -NOT' _EMCEED=NG THE AMOUNT ABOVE SPECIFIED. ON THE FOLLOWING DESCRIBED PROPERTY. 'ITEM AMOUNT. OF. INSURANCE', DETAILED DESCRIPTION r .SEE FORM ATTACHED 345175(6-801 LOSS PAYABLE CLAUSE: LOSS. IF ANY ENDORSEMENTS?ATTACHED , 345174(6-80), 345175(6-80) 10 HE ADJUSTED"ONLY'WITH ,TNE INSURED AND PAVA ALE TO THE INSURED AND • This 'FOIICY:-IS- MADE ANO ACCEPTED 'SUBJECT TO THE FOREGOING PROVISIONS AND STIPULATIONS ANO THOSE HEREINAFTER" ETATEO.' WHICH ARE'HEREBV- MADE A PART OF, 'THIS POLICY.: TOGETNER WITH SUCH OTHER PROVISIONS.. STIPULATIONS ANO' AGREEMENTS' AS MAY BE ADDEO THERETO:, fi.,'PROVIDED IN F THIS POLITY. - . ." .� DATE,OF ISSUE COUNTERSIGNATURE OF AUTHORIZED AGENT 9-29431: VS:..., 5755-6.80 #.. -- 345175-640 U PH01NT Ifs xw: EXCLUSIONS • ::, • 7"The fallowkaiWar,flisk Exclusion Clause and Nuclear Exclusion Clause shall be paramount• and shallSnot be modified or"superseded by: 'any- atifercix&Visifrnt included,, herein or;ondorsed hereon unless such other provision, refers. speeiftmlly_ to the-rjsks .excluded by the War.... Risk Exclusion Clause or Nuclear r Exclusion Clause and expressly assumes said risks. 1. -BLS. War -Bi' Exclusion Clause. The Company shallnotbe liable for any loss, caused directly or indirectly, by (I').tostile'or.warlike•actlon - • in nue 'al peacfl.ori:war„including action. in hindering, combating, on defending, against a i actuate impending or:expeded attack, (a) -by any. -. governmehtorsoseyeigri power'(de'jure or de: lacto)'oi'by.:hny'authofity:main aiiting or: uing military;-: neivalor. air-forces;r or:(h) :by( -;:. J. military,. naval -or air forces; .or (c).by an agent oi any"such government, power,tcc',uthority or forces; (2) any weapon of :war employing . .: atomic fission or radioactive force whether ih lime of peace or wdr; (3) insurrection, rebellion, revolution, civil eve., usurped power, or action: tbken by sgvepv entgJ ul ori!y. in I der:Mg, combating or defending against such an occurrence, seizure or destruction Lunde: ayaid::fine 9i or Custab'is-tdgtitbtto'ri$i:co�nfl§em'NoR•. p `rdbH of any government or public authority, or risks oi contraband or rllegol.transportation. or, trade.. - ,, .2. Nµclinsr lrclunoq,Clause. ,The Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive'.contamination, all:whetlier'`controlled or uncontrol od, and whether such Ioss•be direct or indirect; proximate or reinote'; or be in whole pa or in rt caused' by,: dontributed.to, or aggravated by ,the peril(s) insured against in this policy; however, subject to the foregoing and all provisions of this policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. .s Page.2ofd CONDITIONS • :'' 1. Territorial-Limita.-This policy covers only loss or damage occ irring witnin the' '48 contiguous states' of t}ie United States, The District df Columbia; Canada, within The State of Alaska or within Tho State of Hawaii.. , 2:.Labete. 'In the event of loss of or damage to labels, capsules or • Wrappers, the loss shall be adjusted on the basis of an amount sullicierit to pay the cost of new labels, capsules or wrappers. - . -3: Other Ipsurance:"11 at the lime of Iasi or damage there is avail- able to a'hamed or'.unnamed -Insured or any other interested party dny other' insurance which would appiy in the absence of this: Policy"; the insurance' under this policy shall apply only as excess insuran-ad over such other insurance. - t Impairment of Recovery Mains. Ant act.,or• agreement by the Insured before or after Toss or damage whereby any .right of the Insured to recover in whole or in part for loss or damage to prop- . erty-covered:•heretindor against any carrier, bailee, or other party liable:therefor:is released, impaired or lost, shall render this policy dull -and. void,' but the •Company's right to retain -or recover the . premium shall:not be affected. The .Company is not liable for .any loss of •damage which, -without its written consent, has been•settled or compromised ,by the Insured. Si. Misrepresentation and Fraud: ThitEBiitt4Ypphltyf.6tf¢jf'bg'. v-otk{:]' 1f,. whether before or alter' a' loss, tine Insured has concealed or misrepresenled''any:material fact. or circumstance concerning. this insurance, orahe'.subject, thereof,;or the interest of the Insured there,- i�i, or•m•-case,ol any+lraudior;falseswearing by the Insured relating 6'. t Nb6ce- of Losa. The..lrisured,3hall,as span as;practtcable ;report writing -to -,the Company -.or mits�'agent. every loss, damage:or occurrence. which ay. give rise, to; a claim under this” policy 'and • 'shaft also 'life "wilh'the 'Company or its agent within. ninety (90) days.. ramdateol,discovery of such loss, damage or occurrence, a detailed sW¢rhn#A01 of loss. _ - _ 7i:Examinaliou Under+Oath: The Insuredas often s may be rea-' "sonab y required„ shall ezhibii to .any p'earsb1 designated by the _ Company- aIk.,thab-remains of -any property :herein -described, •and -- shaIV ubmit, and n so tar as is within his or their powercause. hi:: s -ol t !household and others to submit I 15 bi'bath$y at5 jl•pef'son named by the Company 11.e e; and as often -al may he reasonably re quiresti yd>al � ry ti °T!writings. books of account, �^ .!fills mvbtc�s and dr 'V ' xv ueFs. - r b-bertified copies thereof if , originals be'lest, at such.'reasonable time and, place as may be dewignated,by. the €orgpany ,P ,tts.rePrenentative,and shall permit ektracta and, Conies thereof lobe rnade 914o such- examination under oatfi,tor examination(tif ibooks.•or elbsumente nor any other act, of - the Comphdy'bre ny dt'its, employees. or represenlativee to cohnee- tion vhth t}ie.lnYdslJgohan'ot-dap_ los3; or clarin'h&reonder. sliall be deemed a. wan J Y of any -'defense whtcM' the Company' might' ather- wige have ivttfi-Fsspegt ,to;any, lose or, claim bill all such exarnina- 0ons andiacts,elvall.be�deemed to have beeo_rgpda;,or done without pfejradice to' Ihe'ColtSpttnyscfability. - 8 2V UATIO CLQ - NY SHALL NOT BE -LIABLE BEYOND TWACTUAL Vll'j� ; • WE PROPERTY AT114£ TIME ANY .LOSS' OR DAMAGE OC r t• AND THE LOSS OR DAMAGE SHALL •HE:f19CERTA OR'ESTmtATED ACCOBDING.TO'SUCH"ACYUAL' Qt -_ATH PROPERDEDUCTIONFOR DEPRECIATION. .HOWEVER CAUSED. AND SHALL IN NO EVENT -EXCEED WHAT IT WOULD THEN -COST TO REPAIR .OR REPLACE THE SAME WITH MATERIAL• OF :LIRE KIND AND QUALITY. 9.: Settletnent n! Lose: All adjusted . cla cols ;;hall br.-timid or. niaelc good to -the-It-ranted -wikhin sixty (60) days alter presentation and • • adceptance of satisfactory proof of interest and lots at -the office 6f • the Company. No loss shall be paid or made good if,the Insured has collected the same from others. .. r 40. No Benefit to Bailee: This insuranceiri • nowise' inure directly or indirectly to. the benefit of any carrier or other bailee. •f. 11. Subrogation' or Lean. II iri -the event of -loss or damage -Abe.. Insured shall acquire any right of action against -any in&ividual. firm or corporation for loss oi, or damage lo; property. covered here- under, the Insured will, •if requested by the Company, assign .and - transfer such claim or right of action lo, the Company „or, at the. Company's:option, execute and deliver to the Company the custom: ary form of loan receipt, upon receiving an advance of funds' in respect of the loss or damage; and will subrogate q e Comdai'ry'1o, or Will hold in trust for the Company, all such rights of action: to the extent of the amount rxrid cr (Java:iced, aid: will permit suit}o be brought •in the InsurOri'r'. noun. :rnd.:r the di:eclicn of•arid al the expense of the Company. - - 12. Loss Clause. An .loss hafeucdor shall roCreduce'the"ar;biiri•df`- this policy, except in the event of payinent•ofclairh Ior ict^-i.Iosii of.. an item .specifically scheduled hexon If_claim i pcid.for totol. lots.; .a;�;one or lore scheduled Items theunearned-prerrium"aaonaable 14 suiih''ite:ns will be refunded to )lie, Insured Or applied fo this, premium due on iten(c) rep -acing those on' whicki'the claim .was• paid • -13. Pair. Set or Parte.In the. event o'•lo•s of at darnage•.to _(a): any article pr .articles which- are a; part, of o .pair. or set the Mee -Mine of loss :tit dridnmag e'.tc"suctti. article:or articles shall b'ec .reasonable -and fair, piopo tiori• cf 'the total value . - giving consideration to the importance of said article or •crldes, 'but in •no.:event.shall .such toss or darnage be construed- to mean, --._ total loss of the pair or set,.or. (b) any part ol, property•covere8 consisting, when completefor use. "of several parts; -the Galivant .shall- only- he. llatile for•the vahte o]'. the part lost or damaged. -,, .-` 14. Protection of Property. In ease :of loss; it.Shall. be>tawful. and:rrj .necessary:for this Insured; his or •their. factors, serjants'and assigns, to sue, labor, and trove -for, in.and-,about the defense; safeguard:., ?' and recovery of the property insured hereunder or any part thereof - without prejudice to this insurance, nor shall-th o is of. the In urea bribe Company, in recovering, saving and preserving the p op_tty insured in case of loss be considered a waiver a. ar.,acceplan_e of iabandoiiibleLUi'1k£re eirineSsieit ko ;.i¢curred shall be borne "by the Insured and the Company proportionately - to the 'extent cF respective interests. - •' 1S - Atiandelmmeht There con be io abandonment to the carpariy ;ob a11y'. proper'tY ?:::.... -�. __r�': 16. Suit. No suit, action or proaeedinq for, the .r covert' of any claim under this policy shall be a -oi able in any ccut e or equity unless the sante be commenced within twelve r(12) months - next alter discovery by the Insured othe ocdurrence occurrenceAhicn ayes' s, rise to the claim, provided '•owever, t' - n by the laws Or-thState •' .within.. which -this policy is ssiie:9 suet+ liinita lou as mvaha t''e,., -.: any such claims shall be voteh{{ a}dess such action taint dr,igkpeedng" be ccnimenced within the shc}t(th:t titr ! 'a("lily per^1-t?ted lit'' the+C IC; taws o1 such State. - .. • ' 17. Appraisal.• If the Insured and the.Cotnpany-tail -to agree rho.. am'iml el Ir.a, .,irtd hr+ll, n -U wrl ;ten :>deirland • it liner " :nadawithinsixty (CO) day • atter we. -rpt iif t h,:t -r I •1 ,n i y Ile';• "Cotnpariy;;select a competenttand disinterested appraiser, and the :appraisal' shall be made. at a reasonable time andpldce. The ap- praisers - shall fjrst select a competent..and disinterested umpire, and failing:16r fifteen (15)'Clays to -agree upon such umpire. then; on the : sequest',of .the• dnsured or the Conipaby, such umpire shall be . selected by: a `judge bf -a court of record in the State in which such `appraisal s.."pending: The appraisers -shall then appraise the loss; statingseparately theactual-_cash value at the time of tIoss and..the 'amount pf.loss and'lailing, to• agree -shall submit their: differences to bfie umpre• An:award in writing of .any two shall :determine the amount of -doss. "The. Insured and. the Company shall each pay his ` - or its chosen"appraiser and ,hall bear. equally the other expenses o1: the appraisal ,and umpire. The Company shall' not be held' to -have--Waited tan.y of Its rights by any act:relating, to•dppreisal. .18: Caneellallon This'po)icy. may be -cancelled by .the Insured by -surrender, thereof to the :-Company. or. -any --of its authorized agents ,or"by mmling to the; Company ;written' notice. stating when there ' .after such,;ziinoellation-shall be. effective.: This policy-may.-be.can- celledby;the Compdny"by• mailing'to-the Insured aut. the 'address - shown In'this policy.: or :lost known-.' address written notice slating. when nbt less than live (5), days therealtec such. cancellatioh shall T be. effective.: The mailing of notice as aforesaid shall" be. sufficient "proof of notioe'The; time bl.surrender•or,! the.;eflective. date of the-: "-Can a ellauon'stated' m -lire -notice shall become the end of the -policy •nitatiodt.,•Deliietyt.oft such',wntten notice: -either by the Insured or by. kt.the.•Company; shall ,be :equivalent to mailing. , a If the Insdred cancels, earned premiums shall be •conputed in, ac-" cordance with the customary short rate table. and procedure. lf' the, .. Company. cancels,:earned premium shall. be coniputed..pro_ rata,:' Premium adjustment may be trade al the time cancellation is effect • ed and, if not then made, shall be made as -soda as practicable after : _ cancellation becomes effective. `The Company s checkl,or, fhe. check of its representative' mailed or delivered'as aforesatdshall 'be: sufli'>-r,r.t..-• tient tender of -any rotund. of .premiiirit due. to the Insured.,' - . . 19. Changes.- Notice to any agent or -knowledge possessed by any' agent or by any other person shall not elfect.a waiver. or,a change int anypart of this.policy or estop the Comm pany fro.assertirg cny.•''a right under the terns of this policy nor ?shall [he terms.: of ibis policy be waived or changed except, by endorsement.)ssued.;to dorm -a• a• - • f -this part'apolicy'`: :. - n• _.. , r : 20: Conforinity• ta' Statute. • Terms of this policy which areu P. flict wilh:'the statutes of the State wherein this - - .ern:• hereby amended to_ conform to such,.statutes. policy L. ' _Is seri are_ 21., Civil Authority. Property covered under this'policy'agalnst the' per]offire is also covered against the risk of damage or dest uc= tion. by civil authority during a conf agration: e,';and for. the purposn_' 61 retarding the.same; provided that neither such. conflagration:nal 7 such damage or. destruction • is caused. or contributed.to.'by, -otherwise excluded.. herein. • • • .1N- WITNESS WHEREOF, the. Company has caused this policy to be executed and attested, .but •this policy shall not,be valid. unless counter--• signed by a duly authorized.representative of the Company. ., - - ••• • ..• •.. SECRETARY SPECIAL STATE PROVISIONS xANSAs. Suit. 1f this policy is issued in the Slate of Kansas,- the words "five (5) do Condition;,16. . - • TEXAS. -Notice of Loas and Suit. If this policy is issued in the State ol. Texas, the words "ninety-one (91)" are substituted for the word • ninety (• 90)` in, Condition•6 and the words "two (2), years and one (1) day" are substituted for the words "twelve '(1^` ---^- l.onditioriml6. - .. - , PRESIDENT years" are substituted for the viords "twelve -(•12) months:' .IiLnjna c.• • -. 345174(6.80)x.345175(6780), Page 3of3 THISeOL1CY • Is MADE ANO ACCEPTED -SUBJECT TO "THE. FOREGOINGR POVISIONS' AND sTIPuiATrONs'ANIS THOSE' HEAEINAFTER [STAtEO WHICH :SSE' HEeEBV • MAGE A PART., of ;THIS POLICT,yiOGETHER: WITH sUCH.. ,OTHEN„PROVISIONS STIPULATIONS• AND AGR EEME NTS :'AS 'MAY BE ADDED HERETO.: AS;PROWS/EC IIN.. Tf7ACH£0A24B"BELOW_THIS'LINE_ ; • INSTALLATION FLOATER - PART 1 (PART ONE OF TWO PARTS) • PROPERTY AND INTERESTS COVERED This,,policy. covers materials, supplies, machinery, equipment and fixtures, property :of the Insured or •'similar property of others- for which the Insured has assumed liability and which. the 'insured has'con- tracted to install or_ erect,.. provided the values of such property ofothersare included in reports as re- • quired elsewhere;; if this policy is written on a reporting form basis.. If this policy is written on ,a non - reporting` basis, such values of property, of others shall be included in 'the computation of the actual cash value m the application of the coinsurance clause appearing elsewhere in this.policy. - 2 PROPERTY -AND INTERESTS EXCLUDED. This:policy does not cover: a.. Machinery, tools and equipment not destined to become a permanent part of the installation erectionor. price andprovided a premium been paid except, property, the cost of which is included in the contractp • thereon -. - b. Property ,while • on premises owned, leased or controlled . by the Insured unless the property is designated fOra'apecific installation covered hereunder; - . c; .Trees, shrubbery, lawns, grass or plants; ' d. Landorland values; e.:Mechanical drawings, architect's drawings, plans, blueprints, designs, records orspeci,hcations. 1 Property while waterborne, except while in transit on land conveyances on any regular ferry or. . carfloat,'while operating on inland waterways only, and then the Company shall be liable hereunder only :; • for loss or damage directly caused by the stranding, sinking, burning or collision of the ferry, incl • uding• General Average and Salvage charges; ' g. Property while airborne; except while in transit on scheduled airlines; h. 'property .while on the premises of.manufacturers or suppliers, whether or not designated for a specific • installation covered hereunder;. i..'fenaltiee.for•pr. expenses incurred as a result of delay in completing, of contract terms or conditions of. noncompliance with contract terms or conditions or from any guarantee of performance -or production; •I. Interest on money loaned or advances for installation and charged to the project by the owner(s). 3. DURATION OF COVERAGE .This policy attaches from the time the property is at•the risk of the Insured, and except as excluded elsewhere in this: policy, covers continously thereafter during transit, while awaiting and during installa- tion, and terminates when; 'a. The interest of the Insured in the property ceases, or • b: The•installation or erection of the property is completed or accepted as satisfactory, or .POLICY NUMBER' . ONE OF THE ", • FtREMAN'S FUND INSURANCE COMPANIES INSURED • PRODUCER'. EFFECTIVE. c_ The,policy expires or is cancelled, whichever of the foregoing conditions first occurs. 4.1.VALUATION AND. LIMITS OF LIABILITY This Company. Shall,be liable for the actual cash value of the property at the time of loss, including -labor • ... and other charges ,and expenses accrued thereto, but not exceeding the anlount'which it would:cost to% •, repairorreplace the property with mateii'alrof like kind and'quality within a reasonable time after such` loss;. but in no event shall this Company be liable in any one loss for more than the limits scheduled,in Fartll,of this Policy.-. .-DEDUCTIBLE - Each claimffor,loss, damage or expense (separately occurring) to property insured hereunder shall be ad justedseparately and from the amount of each such adjusted claim or the applicable limit :ofliability, whichever Is Ieet the deductible amount specified elsewhere in this Policyshall be deducted. fi. PERILS INSURED This Policy insures against all risks of :direct physical loss of, or .damage to .the property covered- . hereunder- front 'any external cause (including General Average and Salvage Charges to shipments covered while waterborne) except as provided elsewhere in this Policy. £ 7. PERILS.NOT INSURED This Policy does not insure against: a. Unexplained loss, shortage disclosed on taking inventory, or mysterious disappearance, except proper--. tyInthe custody of carriers or bailees for hire; b Loss, damage or expense caused by, resulting from, contributed toi or aggravated by (1) earthquake,, (2) Velcanic'eruption, (3) I2'ndelide, or (4) other earth movement; unless fire or explosion ensues:and then: only -:for: the: loss, -damage or. expense caused by or resulting from such fire or explosion provided the., perilsoffire or explosion are not excluded elsewhere in this policy. This exclusion does not. apply to pro perty:in`due course of transit, • b LOss,'.damage or expense. caused by Or resylting from .inherent vice,.latent'; defect; wear and. tear 5 . gradual deterioration, rust, corrosion; dampness or dryness of atmosphere, freeiing,. or other of •` temperature i. . . - d Losm s;,daage'or expense caused by or resulting from the infidelity and dishonesty, either or. both or:,. any criminal act of„theInsured,' or any person or persons in the employ of the Insured. whether or not such actor acts occurred during the regular, hours of employment; e. Loss, damage or expense caused by or resulting from delay, loss or market, loss-of..use, or interrup`; t onof business; ' ' . f.War Risks as set forth in the War Exclusion Clause in the printed "Exclusions” of this Policy; `g NuctOr Incident asuset forth in the Nuclear Exclusion Clause in the printed Exclusions `of this Policy: -- h:, Loss;;damage or expense caused:by, resulting from, contributed to, or aggravated b`y.flood, rfieaning a general.and temporary condition of partial or complete inundation of normally dry land areas from' (1)'the overflow of inland or tidal waters, (2) the unusual and rapid accumulation or runoff of surface waters from any:. source, or (3) mudslides which are caused or precipitated by accumulation of water on or under: the ground;:unless fire -or explosion ensues, and then only for the loss, damage -or expense caused by br 'resulting Worn such .fire' or explosion, provided the perils, of fire or explosion are not excluded elsewhere : in this Policy;: This exclusion shall riot apply to property in due course of transit; 1. .1 .: -.The cost of making good:faulty or defective workmanship or,material, but this exclusion shall not, -apply:. to physical 'damage to other property insured under this policy resulting from such faulty or defective :• ' workmanship -or material; j. Loss, darnage or expense directly or indirectly caused by or resulting from fault, defect, error or omisa sion in design, plan or specifications, Unlessfireor explosion ensues, and then only for the loss;.damage;. or expense caused by, or resulting from euch ftr6.orexplosion,;provided the perils of fire or explosion are.: not excluded.etsewhere in:this Policy; • POLICY 'NUMB ONE Or THE FIREMAN'S FUND. INSURANCE COMPANIES AS NAMED IN THE POLICY • 345175-6.80 rJEy•DENT PRODUCER cOU ERSiGNAIURE.OF AUTHORIZED AGENT . • COMPLETED ` INSTALLATION VALUE. . 1.. FLOATER --PART N01:4 -REPORTING (Part Two of Two Parts) 11 • ENDORSEMENT. • NATURE • RELOCATION AND ADJUSTMENT OF PROPERTY COVERED OF SEWER LINES . LOCATION OF -PROPERTY COVERED Installation Storage Site. Location • 1 .CITY.'OF:.FAYETTEVILLE• '[X LI - 4...: i a i: .0 i LI - DEDUCTIBLE AMOUNT $ _250. COINSURANCE PERCENTAGE 100 %MINIMUM PREMIUM $ -75 __ LIMITS OF LIABILITY.. ' A': $ _79,257• at any one Installation Site described above; B $.. -N/C ., • • at any storage location other than at the Installation Site; C $• .., 5,000. any one loss with respect to property in transit; nor more than D • '$ 79,257. .. in any one loss, disaster or casualty, either in case of partial or total'loss or salvage'.' charges, or any othercnarges. expenses or all combined. ' • COINSURANCE' CLAUSE. In consideration of the reduced rate at which•this Policy is written, it is a condition of this policy`that in _the:event of loss, this Company shall 'be liable for no greater proportion thereof than the amount hereby. lnsdred bears to an amount equal to the percentage specified above applied to Ole actual cash value of ". the property insured hereunder at the time such loss happens. If this Policy covers two or. more installa- tion.sites, -the foregoing shall apply. to each installation site separately. Application of this clause shall not apply to the amount shown in Items.C. and D. MINIMUM'PREMIUM'. The total annual earned premium for this Policy shall in no event be less than the minimum premium • specified above. POLICY 'NUMB ONE Or THE FIREMAN'S FUND. INSURANCE COMPANIES AS NAMED IN THE POLICY • 345175-6.80 rJEy•DENT PRODUCER cOU ERSiGNAIURE.OF AUTHORIZED AGENT a. kir This policy is hereby amended to delete as additional named insured, the followings McOoadwin-Williams & Yates. The falloying is hereby added as an additional named insureds WE CITY or rAymmuzz ALL OTHER C0NDtTXONS =MATO THE SAME POLICY NUMBER - INSURED EFFECTIVE 2-54 -4777158 COMBS • commence COMPANY 9-23-81 FIREMAN'S FUND INSURANCE COMPANY PRODUCER THE AMERICAN INSURANCE COMPANY NATIONAL SURETY INDEMNITY CORPORATION CORPORATION /py ���CQ - '••: AMERICAN AUTOMOBILEASSOCIATED INSURANCE COMPANY N NA • OFA RIZED AGENT PRESIDENT 70.X �t/-e o 0-19-81g! 81g! 180009-6-65 SETS October 19,. 1981 Mr. Gary Combs Combs Construction Company P. O. Box 783 Fayetteville, Ar 72701 Rebsamen Insurance NATIONAL SURETY - MSF 477 71 58 Enclosed is the endorsement deleting all applicable to McGoodwin-Williams & Yates captioned policy effective September 23, trust this to be in order. provisions under the 1981. We As you see, we have added The City of Fayetteville as an additional named insured under the captioned policy effective September 23, 1981. We trust this to be in order. We do appreciate the opportunity to be of service to you and look forward to hearing from you at any time we may be of any assistance or if you have any questions. PHIL DEPRIES 9J/ encl cc: McGoodwin-Williams &•Yates 909 Rolling Hills Drive Fayetteville, Ar 72701 City of Fayetteville City Engineering Office Fayetteville, Ar 72701 INSURANCE • BONDING • RISK MANAGEMENT DIVISION OF REE3SAMEN COMPANIES, INC./ 1500 RIVI:RFRONT DRIVE/PO. BOX 3198/I-ITTF ROCK, ARKANSAS 722031(50') 661-4800 • Gni • This policy is hereby am enced tc delete ea additional .named insured, the fo'liowings Oodwin-Wilir 4 Matas. The following is hereby added asan additional named insutTHE ecl= 'CM or PAYETTitLLB ALL OTIMR CONLYITICCS REHMV o SAW POLICY NUMBER 2-54 -4777158 INSURED CONSTEWCTI4 COMPANY EFFECTIVE 9-23-81 FIREMAN'S FUND THE AMERICAN INSURANCE NATIONAL SURETY ASSOCIATED INDEMNITY AMERICAN AUTOMOBILE INSURANCE COMPANY COMPANY • CORPORATION CORPORATION INSURANCEQCOMPANY .� bi PRESIDENT PRESIDENT �O_X PRODUCER . ow.:•.y. I NSORANCS {Q� y�S;y 0'r j; E OF AA ORIZED / .I AGENT lily iUNTIERSiGN A /jlG� 1Q-19 lq 180009-6.65 SETS O O ccorci® STOPS ARROWS THIS Til15 CERTIFICATE CERTIFICATE AME AND ADDRESS OF AGENCY IS ISSUED DOEStNOT AS A MATTER OF AMEND, EXTEND • Rebsamen Insurance P. 0. Box 3198 Little Rock, AR 72203 NAME AND ADDRESS OF INSURED Combs Construction Company Inc. P. 0. Box 783 Fayetteville, AR 72701 ONLY AND COVERAGE CONFERS AFFORDED THE CERTIFICATE LISTED BELOW. COMPANIES AFFORDING COVERAGES HOLDER. COMPANY A The American LETTER COMPANY LETTER U. S. Fire COMPANY C National Surety Corporation LETTER COMPANY D LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued o may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES -OPERATIONS EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE BROAD FORM PROPERTY DAMAGE D INDEPENDENT CONTRACTORS • PERSONAL INJURY 12 AUTOMOBILE LIABILITY COMPREHENSIVE FORM • owNED E I,�II HIRED IdJ NON.OWNED POLICY NUMBER LA3074992'""' —� LA3074992 POLICY EXPIRATION DATE 515:82' 5-15-82 Limits of Liabil ty in Thousands (000) BODILY INJURY PROPERTY DAMAGE EACH OCCURRENCE 1000 sr'200 AGGREGATE .s1;000. - s r200 BODILY INJURY AND PROPERTY DAMAGE COMBINED f S PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) $ $ PROPERTY DAMAGE S BODILY INJURY AND PROPERTY DAMAGE COMBINED 1,000 $ B EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM 5231568267 5-15-82 BODILY INJURY AND PROPERTY DAMAGE COMBINED E 1,000 $ 1,000 X ❑ WORKERS' COMPENSATION and EMPLOYERS' LIABILITY 254W065400525 --Binder 9-1-82 STATUTORY $'100 (E.CH ACOOEN OTHER 1' DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Relocation and Adjustment of Sewer Facilities, Fayetteville, AR Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 15_ days written notice to the below named certificate holder. but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ACORD 25 (1.79) 4.7 NAME AND ADDRESS OFCERTIFICAT HOLDER: McGoodwin - Williams & Yates 909 Rolling Hills Drive Fayetteville, AR 72201 DATE ISSUE 9-21-81 jvp/ah moat. ORIZED ENTATIVE • F ebsannen Insurance 1500 RIVERFRONT DRIVIICO. BOX 319B/L Ina ROCK. ARKANSAS 72201.15(111 Br) aaxx BINDERUNTIL POLICY ISSUED FIREMAN'S FUND ICOMPANYI DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEMS 2 AND 3 AS ARE INDICATED BY A LIMIT OF LIABILITY OR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED. SUB- JECTTO THE INSURING AGREEMENTS. EXCLUSIONS. CONDITIONS. AND OTHER TERMS OF THE POLICY FCRM PROVIDED THE COMPANY'S UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE AFFORDED BY IT UNDER THE POLICY FORM. 1. NAME OF INSURED Combs Construction Co., Inc. P. 0. Fayetteville, Box 783 ADDRESS ' AR 72701 OCCUPATION LOCATION OF RISK Relocation and Adjustment of Sewer Facilities, Fayetteville, AR '-- 2. .AUTOMOBILE. LIMITS -_ INFORMATION - — _ LIMITS OF LIABILITY - - -- - AIRCRAFT OR GENERAL LIABILITY OF LIABILITY BODILY INJURY PROPERTY DAMAGE MEOtCAL PAYMENTS EACH PERSON Each Occurrence Each Occurrence EACH ACCIDENT 3. FIRE AND E. C.. AIRCRAFT, AUTO PHYSICAL DAMAGE, WORKMEN'S COMPENSATION BURGLARY.'MISCELLANEOUS INFORMATION LIMIT OF LIARILITY OR AMOUNT OF INSUPANCE All $250 Risk Installation Floater Deductible 79,257 A. A PREMIUM CHARGE IN ACCORDANCE WITH THIS BINDER BECOMES EFFECTIVE SHALL BE MADE .POLICY IN PLACE HEREOF SHALL RENDER THIS BINDER THE EFFECTIVE DATE HOUR STATED BELO BINDER ANDLY R THIS CED BDY A ERMINAOLICY TESR C AT AT CEILS THIS BINDER MAY BE CANCELLED BY THE INSURED THEREAFTER SUCH CANCELLATION SHALL BE EFFECTIVE SURED AT THE ADDRESS SHOWN ABOVE AND TO THE THIRD BUSINESS DAY FOLLOWING THE DATE NOTICE SHALL BE EOUIVALENT TO MAILING. THE THE OF OR APPLICABLE FOR NULL AL BY AGENT MAILING, RULES THE PERIOD Ay]TTT}/END STANDA N R'INAFTER THE AGENT THIS BINDER WRITTEN SUCH VOID AND COVERAGE AS IIF—D MAILING RATES OF THF MANUAL IN USE BY THE COMPANY WHEN 15 IN EFFECT ACCEPTANCE BY THE INSURED OF A OAF—HE EFFECTIVE DATE OF SUCH POLICY. AT THE RESS OF E AS N THIS ED DAY FOLLOW NG" THE S EFFECTIVE STATEDDATUNLESS TO THE COMPANY WRITTEN NOTICE STATING WHEN BE CANCELLED BY THE COMPANY BY MAILING TO THE IN- STATING WHEN. NOT BEFORE 12 00 O'CLOCK NOON OF SHALL BE EFFECTIVE. DELIVERY OF WRITTEN BY MAY NOTICE CANCELLATION THIS BINDER EFFECTIVE DAtE 9-23-81 HOUR 12:01 a.m. THIS BINDER ISSUED DATE9-23-81 jvp/ah „DDR REBSA/ BY N -INS el NC PNIL—DE-PRTFS1 Is:..Loss or damage to electrical systems, devices, or equipment (including wiring) due to short circuiting, blo±yout'orother electrical injuries or disturbances caused by electrical currents artificially generated,. unless fire ensues, and then only for the loss, damage, or expense caused by or resulting from such fire; provided the peril of fire is not excluded elsewhere in this Policy; I. •Loss,.damage or expense caused by or resulting from mechanical breakdown or derangement including rupture, bursting or disintegration of: . . (1) Steam boilers; steam pipes, steam turbines, steam engines; or, (2) Rotating parts of machinery caused by centrifugal force, unless'fire ensues, and then only for the loss, damage or expense caused by or resulting from such fire, provided the peril of fire is not excluded elsewhere in this Policy;' m. Loss, damage or expense occasioned. by order of any government authority or by enforcement of any local. or state ordinance or Iaw regulating the construction,repair; or demolition of buildings(s) and struc- n. Loss; damage or & ensecaused by or resulting from testing; o. Loss',damage or expense covered under any, guarantee or warranty (expressed or implied). by any':con- tractor; manufacturer or'supplier whetheror not such contractor, manufacturer or supplier is an Insured' under this Policy. DEBRIS REMOVAL' This Policy also covers expenses incurred in the removal of all debris of the property insured hereunder,: ;which` may be occasioned by loss caused by any of the perils insured against in this PoIicy. Insurance on such expenses shall apply in addition to insurance otherwise provided by this Policy. The liability: of •the Company` as respects such expenses shall not exceed the difference between the amount of loss other- wise covered by this policy,and the applicable Limit of Liability, plus the lesser of (1)or(2) below: (1) 5%of:the applicable Limit of Liability; or • (2).:$50,000. In 'no event shall this Policy cover against expenses occasioned by the enforcement 'of any state or municipal law o'r ordinance unless such liability is specifically assumed elsewhere in this Policy. 9. ADJUSTMENT AND PAYMENT OF LOSS. Loss,: -if any hereunder, may, at theoption of the Company, be adjusted with and paid Customers of. the Insured, or to the owners of the property. ;10. RELEASE•OF CARRIER'S LIABILITY The Insured may accept released value Bills of Lading from Common Carriers. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • SPECIFICATIONS RELOCATION AND ADJUSTMENT • OF SEWER FACILITIES FAYETTEVILLE, ARKANSAS ;// CONTRACT FAYETTEVI LLE SCANNED RELATIVE TO RECONSTRUCTION OF HIGHWAY 71 FROM HIGHWAY 71 BYPASS TO HIGHWAY 68 Arkansas Highway Commission Job No. 4834 Plans Na Fy-84 Dated April 1981 McGoodWn, Williams and Yates, Inc Consulting Engineers Fayetteville Arkansas 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II • • 'INSURANCE Type of Policy Expiration Date General Liability 5-15-82 Automobile Liability 5-15-82 Excess Liability 5-15-82 Workers! Compensation & Employers' Liability 9-01-82 All Risk Installation Floater Binder Owner's & Contractor's i Protective Liability 9-21-82 Renewed to 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1r /1 CHANGE ORDERS Increase or Decrease Adjusted No. it Cocitract Amount Contract Price • Days Added to Contract SPECIFICATIONS • RELOCATION AND ADJUSTMENT OF SEWER FACILITIES FAYETTEVILLE, ARKANSAS RELATIVE TO RECONSTRUCTION OF HIGHWAY 71 FROM HIGHWAY 71 BYPASS TO HIGHWAY 68 Arkansas ' Highway Commission Job No. 4834 Plans No. Fy-84 Dated April 1981 McGoodwin, Williams and Yates, Inc Consulting Engineers Fayetteville, Arkansas • TABLE OF CONTENTS Section No. Advertisement for Bids 1 Instructions to Bidders 2 Certification of Bidder Regarding Equal Employment Opportunity - 3 Certification of Proposed Subcontractor Regarding Equal Employment Opportunity 3 f Wage Rates 4 Proposal 5 Contract 6 Performance Bond and Payment Bond 7 General Conditions 8 General Specifications: Pipe Sewers 11 Detailed Specifications: Section No. and Page 1. Scope of the Work 17-1 2. General Specifications 17-1 3. Completion Time] and Liquidated Damages 17-1 4. Safety and Health Regulations and Contract Requirements 17-1 5. Quality of the Plans 17-2 6. Elevation Data 17-3 7. Land and Right of Way 17-3 8. Open Specifications 17-3 9. Notice to Proceed 17-3 10. Payment -- 17-3 11. Payment for Extra Work 17-3 12. Continuing Responsibility of Contractor 17-4 13. Independent Laboratory Inspection 17-4 14. Protecting and Replacing Utility Services 17-4 15. Sequence of the1Work 17-4 16. Fences - Cutting and Repairing 17-5 17. Sewer Line Construction A -General Line Construction 17-6 B . Sewer Pipe . 17-6 C. Sewer Excavation and Pipe Laying 17-6 D . Rock Excavation for Sewers 17-6 E . Pipe Laying' 17-7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • Sewer Line Construction (Continued) F. Pipe Bedding G. Trench Backfill H . Manholes I. Cast -In -Place Manholes J . Cleanup K . Infiltration-Exfiltration Tests 18. Final Inspection 19. Materials of Construction A. Vitrified Clay Pipe B . Manhole Rings and Lids C. Concrete for Manholes D . Pipe Bedding Gravel 20. Methods of Measurement and Payment 17-7 17-7 17-8 17-8 17-9 17-10 17-12 17-13 17-13 17-13 17-13 17-14