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HomeMy WebLinkAbout54-83 RESOLUTION• RESOLUT.ION NO. r • A RESOLUTION AUTHORIZING THE MAYOR AND CITY 'CLERK TO EXECUTE A CONTRACT WITH DON MITCHELL, INC. FOR CONSTRUCTION OF A SEWER LINE TO SERVE MILLER ADDITION. 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 Don Mitchell, Inc. for the construction of a sewer line to serve Miller Addition at a total contract price of $19,478.00. A copy of the contract authorized for execution hereby is•attached hereto, marked • Exhibit "A" and made a part hereof: PASSED AND APPROVED this /* day of /29,lie/L, , 1983. Govai-s; 0° - \ATTEST: CITY CLERK APPROVED: BygaSMAYOR CCorc I ilitiERERRIVB‘-s-Cliggfe NAME AND ADDRESS OF AGENCY Babb & Associates, Inc. P.& Prima 15430 cry attic Ruck, AR NAME AND ADDRESS OF INSURED Don ttltelsollw 1st. 883 Matte tisk Dr. •*agars, At 72/36 1-4 Nana ••••••11MAMMair..•••1•Pne1;1011Sr INFORMATION ONLY AND RIGHTS/UPON THE CERTIFICATE LI COMitiESTAFORDING COVERAGES COMPANY LETTER A Continent/al Casualty COMPANY LETTER COMPANY C LETTER COMPANY D LEITER HOLDER. 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 or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER A A TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY KI COMPREHENSIVE FORMCCPfl92213199 C PREMISES -OPERATIONS • EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE CI BROAD FORM PROPERTY DAMAGE C INDEPENDENT CONTRACTORS 11 PERSONAL INJURY AUTOMOBILE LIABILITY ni COMPREHENSIVE FORM OWNED • HIRED NON -OWNED EXCESS LIABILITY • UMBRELLA FORM • OTHER THAN UMBRELLA FORM WORKERSCOMPENSATION and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES 622! 2213 •Millet AdditionSow •tstssaton POLICY EXPIRATION DATE 5/6/4 5/6/64 Limits of Liability in Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY $ 300 300 PROPERTY DAMAGE $ 100 s 100 BODILY INJURY AND PROPERTY DAMAGE COMBINED PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY $ 300 (EAC H ACCMCNT) Cancellation: Should any of the above descciked policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail St days written notice to the below namecrcertificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAtteraniffiCkiiikarti! lb 80. Chunk 7474ttevills, AR 72/01 ATI -It Strauss DocUay DATE ISSUED: 5/6/83 DADS t ASSOCIATB02 /NC. AUTHORIZED REPRESENTATIVE CERTIFICATE 4 ICATE 19 ISSUED 74;014;seJ•att?A;A:• )Z-zr Lit.r.othAPCIAAALAO 54NWERVIRA? NAME AND ADDRESS OF AGENCY Babb & Associates, Inc. P.O. Drawer 15430 WE Little Rock, AR 72231-5430 NAME AND ADDRESS OF INSURED Don Mitchell, Inc.. 883 White Oak Dr. Rogers, AR 72756 INFORMATION THE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COMPANIES AFFORDING COVERAGES cos,. un. A Continential Casualty COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER HOLDER. 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 or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER A A TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY COMPREHENSIVE FORM E PREMISES -OPERATIONS O EXPLOSION AND COLLAPSE HAZARD lit] UNDERGROUND HAZARD • El PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE O BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS El PERSONAL INJURY AUTOMOBILE LIABILITY Et COMPREHENSIVE FORM • OWNED O HIRED O NON -OWNED EXCESS LIABILITY • UMBRELLA FORM Ell OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION . and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES CCP092213799 8114062213800 W0002213798 Miller Addition Sewer Extension Project #W.O. 2706 POLICY EXPIRATION DATE 5/6/84 5/6/84 5/6/84 Limits of Liability in Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY 300 300 PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED $ 100 $ 100 $ PERSONAL INJURY BODILY INJURY • (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE $ 500 COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY $ $ 300 (EAC H ACCIDENT) Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _IA_ 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. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayettevilld'' 115 So. Church Fayetteville, AR 72701 ATTN: Struman Mackey DATE ISSUED: 5/6/83 ccor41 SR CERTIFICATE ICATE IS ISSUED Nal " V%Si ii11.1 1ar,..4aLIVenasit0 lid • 1 ei ONLY AND •I BY NO NAME AND ADDRESS OF AGENCY Babb & Associates, Inc, P.O. Drawer 15430 GMF Little Rock, AR 72231-5430 NAME AND ADDRESS OF INSURED Don Mitchell, Inc. 883 White Oak Dr. Rogers, AR 72756 COMPANIES AFFORDING COVERAGES COMPANY LETTER COMPANY LETTER Continential Casualty El COMPANY C LETTER COMPANY D LETTER HOLDER. COMPANY E LEITER • 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 condihon of any contract or other document with respect to which this certificate may be Issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER A A TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORM IE PREMISES -OPERATIONS, Fj EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD EPRODUCTS/COMPLETED OPERATIONS HAZARD El CONTRACTUAL INSURANCE El BROAD FORM PROPERTY DAMAGE El INDEPENDENT CONTRACTORS PERSONAL INJURY AUTOMOBILE LIABILITY COMPREHENSIVE FORM Ell OWNED HIRED NON -OWNED EXCESS LIABILITY LJ UMBRELLA FORM Eli OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERSLIABILITY • OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES POLICY NUMBER POLICY EXPIRATION DATE CCP092213799 5/6/84 BUA062213800 WC002213798 Miller Addition Sewer Extension Project MO. 2706 5/6/84 5/6/84 Limits of Liability In Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY $ 300 $ 300 PROPERTY DAMAGE $ 100 100 BODILY INJURY AND PROPERTY DAMAGE COMBINED PERSONAL INJURY $ 300 BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY s 500 s• 100 a< H ACCIDENT • Cancellation: Should any of the above described policies. be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail —la— 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. NAME AND ADDRESS OF CERTIFICATE HOLDER City of Fayetteville 115 So. Church Fayetteville, AR 72701 ATTN: Struman Mackey .DATE ISSUED - 5/6/83 —INC AUTHORI D REPR SENTATIV ARKANSAS PERFORMANCE AND PAYMENT BOND (14-604 Arkansas Statutes) KNOW ALL MEN BY THESE PRESENTS: That we (1) Don Mitchell, Inc. a (2) corporation r hereinafter called Principal" and (3) Heritage Ins. Co. of Am. of Lincolnwood , State of Illinois hereinafter called the "Surety", are held and firmly bound unto (4) City of Fayetteville , hereinafter called Nineteen Thousand Four "Owner" in the penal sum ofHundred Seventy-eight and nd(6100rs ($ 19,478.00), in lawful money of the United States, for the payment of which sum well and truly to be made, said prpals and surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the 21st day of April , 13__, a copy of which is attached and made a part hereof for the construction of: Miller Addition Sewer Extension NOW, THEREOFRE, if thePrincipalshall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agree- ment of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing material for or performing labor in the prosecution of the work provided for in such contract, any any authorized extension or modification thereof, all amounts due for, but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals: also for taxes or payments due the State of Arkansas or any political subdivisions thereof which shall have arisen on account of, or in connection with, the wages earned by workmen covered by the bond; and for all -labor performed in such work whether by subcontractor or otherwise, then. this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the principal of not less than the prevailing hourly rate of wages as determined by the Arkansas Department of Labor or U. S. Secretary of Labor, whichever is greater, to all workmen performing work under the contract. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alternation, or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract as to the work or to the specifications PROVIDED FURTHER, that no final settlement between the Owner and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied: IN WITNESS WHEREOF, each of which shall May ATTEST: S-ACtst satif4iiiitty r.; Z., 4.R lr't4r. C=-•• STZ4V1.5% `A%-r.°.‘,1"-ii.*171 4E:4 74" t this instrument is executed in six (6) counterparts, be deemed an original, this 6 day of , 19 83. (PRINCIPAL) WITNESS ADDRESS 44.47 AS TO PRINCIPAL .•4 SURETY) ields Do Mitchel • Inc (PRIN I BY .4:4L4.4F44:11 (TIT013 ta-ita4 Cal 4.Q. 7a 7 7,"4! carp-a7a (ADDRESS)tami ). WITNESS AS -'TO ATTORNEY -IN -PAC -T.' Marilyn Williams Babb & Associates, Inc. ADDRESS P.O. Drawer 15430 GMF Little Rock, AR 72231 ORI D. Michael Babb Babb & Associates, Inc. ADDRESS P.O. Drawer 15430 GMT' Little Rock, AR 72231 erica rf71-: ll . i I, HERITAGE ! ---1' •.__,r I I III A41 -±:',i(pRINcIPAL- i'i•-•• DOTI Mitcheil . ,..! 1 . .. , ;HD r ' thICNOW:ALL MEN BY THESE PRESENTS: principal office in LincOlnwood, IllillOiS, pursuant the 9th day of Msrch;•1979, to Wit: .‘ INSURANCE .COMPANY OF .!, LINCOLNWOOD, ILLINOIS , • • Power of Attorney :1; APAERICA143.*Js:711:k111;;'; :7^ I .1' MI ..,111.67..it111.‘E:..1/LL:77• 1.11 if) 111'2"1 • 1%11 t 1• • I i • I 11E:1 t: 111 ir1.0;131..• ..S.; •:1 5•17-: EFFECTIVE pfkl'E.'44MaY 53... 1983: "•• '12.1 AMOUNT OF BONO." ".!:119,•41•8'•...00. H -: 2 $ POWER NO. 1-:71'19 6.nL.g iEa" That the Heritage Insurance Company, a COrporation in the S ate of IllindiS,Kavineiti to the following resolution, adopted by the Board of Directors of the said Company on • p • 3. • • • • : .:...7. ) :1'116 :President,' or. SnY, Vice -President, or other officer designated by the Board of Executive Commit de hall have authoritS,;- -Severally, to. make, execute and deliver a power of attorney constituting as Attorney -in -Fact such pers'ons, firms or corporations 'as Such . • • • officers niay select from time to time." . , ' . !'.'. 1, •,..z.:7 1j:n. n > '.'''' ;:l L; 11! -:-Hi!-; :does herebymake", constitute and appoint D. Michael Babb, of North Little Rock, in the State of Arkansas, its true and lawful ittOrney(S) : 'in feetc2withjull power :land authority hereby conferred in its naine, place and stead, to sign, execute, acknowledge and deliver in its (_ behalf,-Sild 'its act and deed as follows: . . •4 . • :.• I ti ..:-.:.11; L.: .:I=7 iii :C.: (tr.:: •:1, . p ••••Aq••••• . 1:: .' •• . %:.'1111 A • • . • • .7- • 4 I I ..%'4.. , 4 'The obligation-Of:the Company shall not exceed the sum of one hundred thousand ($100,0•06:60)!clolla7s1.1,;F::1`:-: !"1.'L.i' "7-.1-.)1;;E: , 1 i -_,, : ; ; ,-.--.. :,- .. 1 and ioLbind Heritage Insurance Company thereby as fully and to the same extent as if such bond or unneriaking wa's signed b, jthe' duli 'authorized officers of the Heritage Insurance Company, and all the acts of said Attorney(s) pursuant to the' authority herein given, are • hereby' ratified and confirmed. • • • mi WITNESS 'WHEREOF, the Heritage Insurance Company has caused these presents to be signed by its President' and/M.:lb i 'Vice -President and its Corporate Seal to be hereto affixed, • /II -.:Ej; . .t HERITAGE INSURANCE -COMPANY:OEAMERICA' • • • • • •. • Vincent M. Giacinto; President :." • ... • . • . • • • • • : • - State of Illinois ) •111,:•:-- • , County:DE Cook )tz: • 7..••III 'EH I ; it il 31! • ,; . '72.7•111;e111-11,1;T:CiPtr: .-.÷:,11):::;•' • • • • • • • 4 • • 1,14•FE.;On !thic 9i,h'dajr,',61 March; 1979, before the subscriber, a Notary Public of the State Of Illinois' ui and feethe County,of Cook and qualifiedycame V. M. Giacinto of the Heritage Insurance Company;•to me personally kitonto.bethe individual • • •and1o(flder,describedherein, and who executed the preceding instrument, and acknowledged the:exectitioircif ,the same, and being by me • • ,12dtily, sr:Torn:deposed dndsaid; that he is the officer of said Company aforesaid, and that .the seal .affixidro theTpreeeding instrument b •••,tlitipoTi5oiate.Seal`Dfisaid Company; and the said Corporate Seal and signature as an officer were. dulY, affixed aiid 'subicribed toithe said • - 71.11initrtilant,h-y, the "anthOrity_iind direction 'of the said.Corporation, arid. that the resolution Of -saidtomparty; referiedd the 'preceding •• ninertuilencisrfoW '1,1- •• ';' - • • : -1. • . ,"1; • - • .11.tr."1"--7.111; -7.111 •rni• HS); 111.1: -*7 '1 in • vi ‘riTh • - ti• • ". "' : • ; • 11" "2_ sifi 2.74. • ' IN TESTIMONY WHEREOF,' have hereunto Set my; hand; and affixed my official Mal. • OlinDiscthe day .arid•year • .• . ?lit; ili•=.1i1::::rdiliit:74411,•C7"'.!;• *•..;• !L.. • :?,-... 45.I „ ... 91.1..M. „ .. 4 •• • -; 414r: ill le 111.7S.10.e.1114E)11::::7:1i IsIE'lltHI.LIII: ;i1:11 ....la ![16:::::)1t ....IjI 7 111:.-i7.:11 :::::.III :.-"Alj s!;11.E.4.I1122:1:11-ASE7.111-:::::.1119,-E.11/f7ft, 7.:-.I1;-',. ,-:-Ar...1j1?.-.77.I0.-7I1I-E.: 1j1::::•.1;II -E-A*.;-:;;;j,-',j111:::_ .• ..'I;7.;:Ir;I5[:;li:.-1;ll•A,1...:A.t7;14f.;:=-.-.42:':-C27,d-.-.O1I-ii1:Etf.UtIi;F7l•.=-l_7;Ft.-.32y;.-.-:,,/k.111:Oi1111A.1f.-.-:_n-C..•L.O11..AOA:11C1'4l-1-. .-.1;7....1I4oTI" :1421:-:'..I,•--.•i4•-1i1I - - i :.-11-i-:7-1...;::'-')iC:"-7;-: l.,I-. - .•,::::•1 -•0 1:1l1:..;."11a.-011::11-1 ...1C_..1.1.4.:1.;N,-: :. _• -.. .: 7irF7:1::.=- -.3-::1-00::11N..1:1;I• ; lili 11:;It i:rIA:'.eit'EMI':: - •;-: . l:. - , t 1 -9'. - ... ;4.,.: -0 1+111:EIAiE11±71 ,.i.1::..1,1t2:Th., III111(1'H ▪ ' • ---Stateof Illinois7);;ei':.:i..,0__ e; • .- I•1 • l31•Iit..,..'..zi'7. •.10 ;.P:4 P, EI;: :1: I • •I- '.: .;;:; e , jI4 :I I7 ' •. "• " " I 7 ••44•14 1±N4 I:I•;I: • -41-41_1 4 1 i7 1{ T 111.37 41 l troi Notary publicttli =.'!,' t' 1111n •77• I -JOSEPH1) IX)N11:i NOTARY PUBIdC, Siai• .' r 1 -• P )Sifted •• 4'•'4: . M I•I" • • COmmibion ExM" ; 1; • • • H1•4 1 • .),I •,' '' "° •I-; ' .4 "-•• -•%; I • •• ••4 I••• " . •oIf•,% t• •• • 1i IP: l! • 740•,.-•,•-4, -I '• „i4 : : • .4• f I • •• • • I :Iil!•:• •::I:Z ;• •_•• .:.• .4 0 .77 11710.11i1 2:. ; CERTIFICATE,- , .•:• I •n'• '"7' 1 1 H=I-:IIyrI . :•:•:1114=4;•1:4ttie. iimderligned,: Secretary of HERITAGE INSURANCE CO. a stock corporation"pf ;the :Stati;of :Illimais; DO HEREBY: pl'XiliTIFY, :that the, foregoineand attached Power of Attorney and Certificate of AuthdritY remarns 'if) hill force and hairier; beeh aas•orrevolced;aricItfuithermorerkihaftthe Li • Resoltition tol• the-, fioard,of,Directors forth. in •the _Certificate ;Of ,.!AuthoritY,:are: now in , i - , • ----....., • .,.....-w...-,. ,.._. ,i • .4....11 ;144•.•••••404- ••••••4 0-•4•44t ; • ••••• .4-.7.4 J•......1, '• Ht• -,.7t.10 2-:::-.. Ili a ili -.7 ;11, - io, 7- AI -... 11..."- VN ...:• 1)i .... 1,1 .1 - ' •' :C Iti.i'HilPtotit. iii 4E11 t .a:. 0I1C?:711 4i -elk -4:7:? 01••••;F: i - 4:i ';-SignedSealed -a;Home. Offtce of 'the CoMpany, at Lincolnwood, Illinois: Dated ,-thil"111.„..:-.'1,./ it- • ; l' 5 • -...•i)iirlat. 'of 7,:iiiiii;i:•_-)ii.-:::: • 41.77-:1ADI,1119..." ` 1 1. 1 " i'. ;V • -.1 ,%1;ilitt-i l•-•,:ii-llielliciHjiy.: i',i ,. icl ......lif,,t.:%1 • itti::iT,i0..f:7:411?.114.3f,7-7)14.-..:::t.tf'HI 2- 8 .5 1 . • ' • 4 • lb • • • 4 •• •I •,:.• F "%il! n1 • ." I --•:;" tii CZPS *?..;•.';!! • . • '• •• • • • • II.:4.: III; :410 -. -j 4:4-...i41•44.74.4.111•••• 4•114. .4 d.14.4=.1 (IC 10.7•1131•44t..041•47•411 r't I It:CI?: 7_ !1'. Tr -.7 !liz..E;11 i114171 :T..: CEL4)11.e•.1111:4-:-.7::::4-E; 7.1 .1' •• • ,fl • ,• :• I • • • • •••:477. 11. ;EY- r:t-A1',A7 • 111 • • /6124)e\di It • , • SEAL 1',1 -4.‘gger •• g.111":€1 1.11:571" e. ---)11_•1-7-11t1 • 14.. I :1-- " I • ni •-••• 1!: rt i ARKANSAS PERFORMANCE AND PAYMENT BOND (14-604 Arkansas Statutes) KNOW ALL MEN BY THESE PRESENTS: That we (1) Don Mitchell, Inc. a (2) corporation , hereinafter called "Principal" and (3) Heritage Ins. Co. of Am. of Lincolnwood ,,State of Illinois hereinafter called the "Surety", are held and firmly bound unto (4) City of Fayetteville , hereinafter called Nineteen Thousand Four "Owner" in the penal sum ofilundred Seventy-eight and ndaairs ($ 19,478.00), in lawful money of the United States, for the payment of which sum well and truly to be made, said principals and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the 21st day of April , 1983 , a copy of which is attached and made a part hereof for the construction of: Miller Addition Sewer Extension NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agree- ment of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to alt persons, firms, subcontractors and corporations furnishing material for or performing labor in the prosecution of the work provided for in such contract, any any authorized extension or modification thereof, all amounts due for, but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivisions thereof which shall have arisen on abcount of, or in connection with, the wages earned by workmen covered by •the bond; and for alllaborperformed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the principal!of not less than the prevailing hourly rate of wages as determined by the Arkansas Department of Labor or U. S. Secretary of Labor, whichever is greater, to all workmen performing work under the contract. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alternation, or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract as to the work or to the specification's. PROVIDED FURTHER, that no final settlement between the Owner and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each of which shall be deemed an original, this 6 day of May , 19 83. ATTEST: .4 .415TelgC1PE RY (PRINCIPAL) ..; .g. ...r, 4.4 i.i.st7,- :,.. v. --7:e k,rat 7:4-.... vuo (srabl..7.2c) ie.. •The% --'1, ‘ '1,,„ '11_1 irt'41diNid;C:.-,.. .7:3 i \ 4.1kr.‘ Crit.g.; ::\ • . ::. -:ird;e) :A .41- e..:Th r:. 4C4 witsss TO PRINCIPAL , ADDRESS ATTEST: ma dolteef—rfri. Sfr 1AR URETY) e ad's:** Bh5T11is Fields Lite8F.A14 , dee WITNESS TO ATTORNEY-IN-FACT Marilyn Williams Babb & Associates, Inc. ADDRESS P.O. Drawer 15430 GMF Little Rock, AR 72231 (PRI BY (T Mitchell AL) (ADDRE)triC) Ogne. -Pr• • 7 RNEY-IN-F4CT D. Michael Babb Babb & Associates, Inc. ADDRESS P.O. Drawer 15430 GMF Little Rock, AR 72231 ica ..6 144:-:111.e. ;II ai.:•:-..111.7_::.t•;527:724ircE:1-11ii,e:.111.HERITAGE.INSURANCE-.COMPANY OF . . 1• 14'41.01• e ; t ' 111-752111ell. '' Er'l • ''•''''ILINCOLNWOOD• ILLINOIS I 7-''IVEE;lif.7=•11i.:n.1::"7. Ill :I; 110•5•111 1;i:11175.•ffi (rower of Attorney "2-2;01:ii,t11, ff. . . . ,• ;isr?RiNCIP/IaL.;" $ Don Mitchell, Inc. - EFFECTIVE DATE , , $ 1;1 DBA AMOUNT OFIEOND:r..il .9Titja*:.•0.61 . • , .,1.01.::--I1-7 W. ', • . I!!.. -":- . ill , E• ".-. L I ,' if1'1 -.E .- 1 '1 ' ) 6POWERNOH 0 4 6- 61 •, : - . . .1•.:%.t•-11/ r.:-.. / /-;-.7.• l'ils:F • . • *2 11 i :• l• 0 t d • d . • • .• ; -..1CNOW:ALL MEN By THESE PRESENTS: That the Heritage Insurance Company, a Corporation in the S ate of Illinois, haVing iti , principal office in LincbInWobd, lllinois, pursuant td the following resolution, adopted by the Board of Directors -of the said Company on the 9th day of March, 19'79, to wit: ;: . • - : - '. - ' ; . s:. . ,,i ':/: ....7 t, ,t ThePresident,' or. any .Vice -President, or other officer designated by the Board of ExecutiVe. Commi tee hall have authority:. , - severally, to make; execute and deliver a power of attorney constituting as Attorney -in -Fact such personi; firms Of corporations as such . • • . A . • officers may select from time to lime." - , . _does herebymake, constitute and appoint D. Michael Babb, of North Little Rock, in the State of A.rkankas,:iti trim -and lawful attorney() . . , in -fact, yith full pbWer and authority hereby conferred in its naine, place and stead, to sign, execute; acknowledge and delivefiridts .behalf, -and its act and deed as follows: . - . "• . . • . . . • • • • • . . ....-.... : The obligatirmiof the Company shall not eXceed the sum of one hundred thousand ($106,000.00) dollarts1.L.y.':/i::.: - ,...... ... .:. - ./ , . . 1• 4 4' • I r r• and tobind Heritage InSurance Company thereby as fully and to the same extent as if such bond'or- undertaking was signed bY!thi duly - authorized officers of ,the Heritage Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby' ratified and confirmed. ,-: I I 0 IN WITNESS1WH. EREOF, the Heritage Insurance Company has caused these presents' to be:Signed by 'lis President and/or- its Vice -President, and its Corporate Seal to be hereto affixed. .•.• . . .• ..4..... V: t;!.... 7 1:N1 IC" ill ft: . HERITAGE INSURANCE COMPANY.:0Fj AMERICA /I •••••••• //' -- " /14•:,.7.•/;-•:.:..111:-...r./I1... , ./.01;Cr;sos __jai 14;•, L • l • $ • 41: ril'at."1;;t: eit .1 1, 1 II :: : l!; :Ut .,.' J U; .• #... 7.1 !il .:- ,. • SEAL LEI %,- V;Vitino-"Za 4""..„ t•, ... z • I•' a , • 11 ! ! Vincent M. Giacinto, President • 'I ...... I' 4 Id State Of Illinois ... :i .);::::2 lit; : 'SS: 1.I.: „ • , • County,: of !Cook - ii....:710•11,1;., .....-Hti7.1I'FICI.-IiHT :.::•.,, !II :3:- III t . • . t :.:•51.11.L:.'i} Ili F:F: iti ''.-7-%1201---1- 1111-7-7:11 • • I • • imi • t l bmd • • • ) %It • „On ihiS-96i-a4y!Of March, 1979, before the Subscriber; a Notary Public of the State Of Illinois' iri and foe the CountY;Of.C.dific „duly dortimissiOned; and qualified; came V. M. Giacinto of the Heritage Insurance Company, to me personally known to be'the individual • ind, offider. described ,hereiniand who executed the preceding instrument, and acknowledged theaxeCtition Of Itheaame, and being by me ' duly' ornidepOsed' and' said, that he is the officer of said Company aforesaid, and that the seal affnced,ro.thCiprecedinghistruthent b the CorpOrite. Sear:51)f rsaid•Conipany, and the said Cott/orate Seal and signature as an officer were duly affiited and Subscribed roithe said _Insti-iiiiient:by, the 'authorityind direction of the said torpOration, and that the resolution Of said Complity7rifirred to in' ifieiniceding , =instrument:isMit iii force.- . I'..-,-- ,"i .. -. • ;,-:•:, • I i: , 1 --. • •..t --: ..;.-...rip-..-.70,17z..-ir tl. i,l....: 111-.....ath'...7 , 1 " a $ an._ .1!1 " li ; 1 • 0. : :c, • •'• 1, 1 •..... 0 ,...!. IN TESTIMONY WHEREOF,'I have hereunto set my hand; and anted my official sell at :thiColnwood;Illinois; the day ,an -d yesi ' '7'elsine written.'---.10:-t"..,:i.•:-.. • ., . ,..•-•,,;...- . . . . .1:11 11 . .$14 . 7111i._1117-:I,1.7V1•7ii1I. •1...*:E.. . 1 . , . , , „ 1..:.i LI. 1 %a- 11!-E11 !It _. -- - • "•'(• .". • • •-: ▪ . . . . .01 .-- a -r/1 '114• -.-7111::::;)$: ' a. I 1::•••: i - . /• 7eI • I.I. E• CIs H.S i.:E-.6 .74: 1 r `' .." 1!._r1!- el NPIaTYP.. O.lies 5:111:÷::!1 12)11 • .CeLli 1,-E. 1 1,-E.-il• • •f1 -.'`'n7 11{.7:10 -='11/•:'i.11.1/2::- '± -7:11t.e,,111;': .„ ,JOSEPH D.-.UDONli,•-•hc---11;,'.1-.., lAr.11,1 -...-- r ;.• .. . ._ 1 .4. a • h_.:" ... NOTARY PUBLIC State",of-Minoili a ',„:',/ " • = gill:2.; 1 r i . ::::-The,lb::-.-.1$•,,tt.liii:••.:-7tAT.L :61li4:11I:i' III: II: ':. ili:77.:.-14.:-2„1,1.11- r , 1 •:,•••t -y.-:1• L:. Qualified :Iri•4. ':".7.1t'.e:-.7.it I )k.*, .§. +s:..11.$.4.l._ 711-r. ‘:., 3 .-•'.-•- r.7e7e".:11E011-.J.".R.-1 • iiI t111.:.'.i i EiI1-71KE. ;. -711i tCommisSionEkpliei.Miichc1984:I2?. 01::=:li:;%I:1i7717 4 I L : . I • '7fil::11-1i---tI+ii1i -:,•• $' ia-4Mi-.DL ; .. . :.:..7ei5:ii1 :. i:„•staofmmois), 1. • . 1 -:•• . . . •'. - `r: ,_ ._t,11-Ify•Rrl 11-2 ,:;H..die • • .iirli=mi.._:.III:.:-....,,•0• t•I4,1,:_. ., . ',.. , „I . :.• 4-7 11,,F$-7;11!-"1-:-.11414-.."7,10:::2-fit. j,;:71 -::•:-,.i ''''' IBC iiii•-- II; :7-111 7:77:111 L::111--E'IL•-: ii• --if: ;21- 10 •Ct-'' 0 •CERTIFICATE• - , . i • ...." • • • • • 1 • • • •• , I I • • IP ir r .1. ' • l'it 7, 1$17:. t $ :-..... : ::. , '.:-.: .1 ...,:. ;P. ••.:- q." • . -' "F',-1,1 .":: ;O.:: ta! .7 ' 1.;, 1 ' . a f ' ..-.." ija:: a:' 1 ..- I i Jac_riallivain.a.1-aalt..,. il. • -ft 'e . •=• , t. -"•••• •119 -the /undersigned- Secretary of HERITAGE 'INSURANCE CO." a stock corporation: of i the • State ',,of$BlindisaWHEREBY ."til'..:CEILTIFY;that•Ihe foregoing and attached. Power. Of Attorney and Certificate of Authority% romaini7iri: fulltfciii.e"", aricf.ihatiinVcbeen irievOlceeiird'rfiritherrnoterfthaecthe• Resoliition 'of tlie'loard: of Direcicirsr-Thasaet forth'inrtherCeltifit.-iteTorAilthiiiiiiit aie dow.0 • • • , ..,;-,---.....-- i 147 i'CI:b;:41.,--w.t4.1'46-'• 1.•1 . . (•i -' V,....ill.,..,Ea..„,•-•-:,/iHrt, ::/4.1„;, li, : .. •. 4 _`:1;* -.---",Signed and Sealed 'at'the 'Home Office of the Company, at .linColnwood, Miriois: ',crated ▪ , . - - l•iI fl[be -1i•.q-.•.:•1: AD:;119 I • •7.-`, 4:- " •.`11iienr3:4A)T.11:7k'i2--_• l7;ar.7 11 II I "7- •. •l ; I:at:t r • : 177 !•!77:;1.7),I, 7 . ..• c t 1: • f.:g Ili nv f•-w-.'. .I 9 27-r. if I 4'''.-•114"4-...11.t... Ili Zr...tldtaar.- .![........., ,......,••w 1 1 1 • . J. .1 . . . ,•., , . ,, ... - 111 1 1 • ?y •--•%.,1 • • ..1:1..2-'-'1111-:.-`.. '‘....,•••• • • ' i ir-11•174•111.:$7-; .t.' -'•t•-111-'=.#71 a . , . , 'IV , t -*E:,11il-Ssijk...S.Ff,t..1.1-1•5%i L'-',--111 e•sli:•••• , ill :7:1:1 $ ilICt --hr:qp -7-7; Pal I th4nt.• 104-C1:; • •• •• •m11-1'-:27 !L1 GEI •-•• ' G 111rIE- .11 •111::--•• ▪ 14_WE•V I Pa. -••-•••11- I •4I; • • i•ifIl...75•Itid HERITAGUINSURANCE:COMPANY.c0E- AMERICAki:@,.? 4 '11 e 41,e- d - itf - :ft 4- ; 44..11 4-4' 1.1 ';I t11 'Ft [I; :110 115 i 11,:p i LINCOLNWOOD, „ ILLINOIS 7. '▪ L.- -.' • .77., A:l ;trr-Z 'FL • 11 d'POWer%.0f 'AttorneyI IT-- • 7 . r -r.- • • -ra. 9 . ;GU - • • ,2,1!i)!if: :11 I 0 41 -a: 11 j." _ 111.7; '11 c_ 1111 _= 7..tt[r.; -:-./.1t(„-.:2,1=. i.. Ir,4• 71i ,Ii.'.: iii• -r- Lb -7?-_E ,i, -t---.111m- ir,r •-a.• t. -.•`-_.14 J=„,..11.1.&:ir-7j_Isibr.--•.; In; • eqi.4_• 4 in -.5.-- ID ilz-s= j:• _..-.,.- ij: -.:,..7-1 -=.. •: rt . --• • 1--, I; -7- .i. --: 1:11 I (PRINCIPAL irlil.-4-741)-6n-kitCheils:7ItiC 4L... 11 e7G- - 4 "S 1 t--7.1 i I 4:4- - 1114. 6FECTIVE D.ATE _ ,May_ 5,' 1983 ,i, , . . . . . . . . ni..4i1 t--- rui ....i, .11; ni .1i 7.' F:. -F; '-1-;"•i'....tv.)i.l.Z 111•1----yt-s T.L1 .11.:f-tor.4-;,_-:-,0 _7=--.: 71 yr..= ifid::::.- if. ,.-7,- .r,i! ti: Id ...;:e 4! ,.- n ,e di ,-•,.. I; F- ri , = kI'ld I II ;7:7- ..c a7 I. I 4;... . V 1.14 il r III I gl= !I '7I.I1‘117= III.: *IL's -ft -AMOUNT OP,FIOND'S '19,478.00 -7- rt";---. ..ir : i;:l. --- ,1;▪ !--.+ 1!:• s;i ... 01 . 11; rr Thi .-: ill 14= ii:i ".;:C :II -,-. li 1-‘ ;II i.-- , 11:-I.. :ie=-7.:P57-.7)1i::=7,11.7.,T.Th.77-1 III C--4 ' ,4I-; 2 6 (I 6 6 r: ;-.4 41 1.=..:.&11 • Ii; : ' a 44:r ill .;powERlll H= . ll' .117r = 4 Ei.1 Ey !A :4, =._- 1I. ;27 - I A .! KNOW ALL MEN BY -THESE PPESENTS: „That the Herita_ge COrripany, a CorpnratiOn in the S ate -Of Lllthoii; hating its ±. 3mincipal office in Lincolnwood,'Illinoi.s,' Pursuant to the.follOwmg reolutionraddpted by the Boardpf Directnr of the sa.4.Company on trt the 9th day of March, 157,9, to Wit: -4; :; if 11 !11,!, 1 4% i%-r•si ••••• 7i .11 to. ,:j -- ; ; d 41 ▪ '1,"The‘Presidenti or -any •VicelPieSident:' oifotherThffie-er 'designate -di by7the BoairEOf :Executive Camnii tee shall have authorityr ';severally, to make, ekecine :and:deliver a power of;attorney constituting as Attorney -in -Pict such persons, firms or corporations as Such ,•• officers may select from time to tinie.''ll; • 1.1. !IIPrL-7II 1'777 1111-Hlr-7_'''jt'e-7. lit 2= 114=_---. =7.• .11 II • -* tor: 4111 7 ••••V• does hereby make, constitute and -atipoint D:Mich'ael B▪ abb: of North Little Rock in the State Of Arkansas; its t im and lawful ittorney(s)- • ,in-fact,•witrifull phvier and authority theieby conferred tinzits 'lathe; plaCe andStead,•to• sign, execute, acknowledge and deliverinitsL behalf, and its act arid deed asfollows: • r: • • • ;IL 2 115 r • :•• , 4 4: : ir " • . 11 .= .;= ; , -4---. i The obligatiori ofthe CoinpanFshalliiot exceed the sum- Of one hundred thodiand ($100D00.00)dollar• S.:•' ul. -'.. 11; - :a 1; :, ? :.ir - If.er e: 'i; "2%, .1 Ti- .; =•;:.-../.1.--.T., kil• tn.- i-rr, .!,- -r.,.],i .T....- t j -= ‘.' .7 ...1 .. -7 Wm.; JI '„77. IJI ... t -7' - • 1.- • 4. a - • ..-., .;. and to .:. bind Heritage ;Insurance Compinyfthereby"as fully and to the. sIme extent is if siich b•Und'orThndertaking was signed by.the clulY 7. I.Ii 7authorized officers of. the Heritage Insurance Company, and all the acts of §aid:Attorney(s) pursuant to the authority •herein given, are. r' ihereby ratified and confirnied:, it, .4.-:.- . • 1H---;[,:4--: ;1 :.= ,,-.: 'iv': :,r.--‘• l'i..:-.11, t;-,..,1 .-..: IF. •.-1,1 ,7: ,• .4-, - 7 t: • ii 11 -:-.-7- ri -;-1-• • - I• - . . . • •• 1 • • . • • 1 e '-:'1 .7 :IN...WITNESS:W. 11E12E0E%. thei Heritage ; InsUranCe • Corhp-a4/ h -ass' Caused these -preients I tobel signed . by itiPiesidenit.' and/Or iti . - . if Vice -President; and its Corporate Seal Uzi be hereto affixed.' ll: 4 ;;I• Jth '1';Ie ll :--7 h, '..-=.--; :''r „i:- yr.'. , ---' ..• - rr• P1. t t_,--- :1 ...- a . . ”.;;--- •11,-2-- 41.. -..ii, .. ii., -LLE. Li . L'. -±•: 114 ',:: 'T - -.11 ':-• 4, - .1 ,E-•-•.- '. -AI . i: il'i t7--- z-`,..10 ‘-:: '1 ;-: 1!1 , _ ;1., !7 ril. E :I:: ... :1 ,-. r ki , • • . . • • :--- RI , -: .i '••-•-• '(- F. itrl - ;I •,-7.-- 'I' TT- -. 72--..;;;;;,, %mi.,. .-..!....HERITAGE7INSURANCE 'COMPANY `OF AMERICA." : rtv.ilk :Tr: !, ...syii.-±-,..: 0 f., 11re 511.1L tht••• Stlect014-d.it; Pi\ . Ft - •;', 'Ile 01.-.7 IO e 111 :r7.• 11 I irrr.d 1 tr ;mi.- .10 rea .:1 .,ar, , ii . ..:.21'f:J.-erqi,t-,. :---= qi L 10 -::!• .•II:- a t:r .. Efl. -2-- "; :II: r 6 :;II: ---r7 11 : i•- :11:r7'I.!Ir•-:1-• •)1.1:•• 'l• Ie I ;• 1r1r • 7 • 11 ' =- ° : lie : ;m... r ,I.,,,,, , , 4„, , . 11-..-... I -7 ..1 t-d....et 12-.4.D.I'II:60/ II!..4-7 1111475;1117272-`77107.4" 41' • 7 7 • r• IR 41 •.11. 10 •±.-. m! I 1=w- % 111. 11.- .11 .1 11 ; .11‘.. t :id - It •-. .1 I -e qi 7.. i -_ 44 Th' !II Thr S .. 4 .. .. I • • ' t • • 11.1 ‘7;• 11 =; : iH •71.... •71 -e•21 L 1-'jr ;FL. 11 377 11 1-•;••7 Lit.• ll'..;=!.`1::a!, ... , ...!••!. p .YinCeni.M. Giacinto, President ,- = 1,. _:-. ,,..-‘,..-• .. ._ .. . I•6 . .rl- 4.°•-• 11 I.L.U..• . .4=U / 141 4;.. 11 . 1! -.. - 11 i rr Eir 7 III- = 7 ' 4 1 1 -Ln- 1 4 4 -_„- .; 1 . - • 1 , . 1 1 - •. r .. 1 • .... . 1; El itltate-of :Illinois ) /r..Eil,,a_77-1l.:-E..ill L'i 11.7-ir..11[4-7-.:ill -.7--. Vt.t..72:1.;;.EILa.ill.F., ia ----,:, !l.c..-- ..!4 •-t-_; 'll t. !E t., ill ::..)i 7-7.:Lii f. -7,11L •.T` L:1‘.!::C011ittY : Of I Cook )L1_1'1.1, ae:!'ir `, Ici '..:. 2:1.7 11.;_--.!:';.--5 Iri!--Lajlir .f.."-.716.-a,r11,-Thil...-77:•.'!;i --:t ili 7-7.---..-- ko -.1!•?';.'11:,' 7 'I : ------.1 iE: I -- II III ;-7-II .1? ST. I 1r r• 1, .-..- t -••_,..1.-„,-.n.elli 4:,--;:i1.)v,-;-,:il,e7., qt .=. 4 .L..4‘..141 _•_-.-e .: -Z-7 11 7.-4,1 -7-- '.I.- 4---7.1fl...-Eft 4._=" , &_. 0 J:.,, -70•, .. [I , 11 •trI1.-- 11.: 1•77 0 i -.7, l• On this 9th -day, of March,"19791beiniU the subicriberii nOtklic Publia -Of,the State of lllinois'ilt andfor:the County of.Coolt::-• • .• . . . • i 171 a•-' dulyoonitnissiOned and qualified; canie L.V.. M: Giacinto of the Heritage InSurance Ccimpany; tO the personallY known to be the individual, - _..;71.ind officer:described •herein, and who -executed the Preeeding-inatniment; and acknowledged the execution of the'same; and being by mei J. _ .. . _ , 4 : duly -sworn.; depbsed int said:that lie js the Pffiter �f said CoMpany aforesaid, and that the seal affixed to the preceding instillment h •• = .... 'the Corporate Seal said CompanY;ancl•the said CorPnrate-Sial and. signature as an officer were dulY affixed and subscribed to the said! .._ . . . ...E_Instrument.by. the authority'and direction of the said Cdipbration; and that the ieSolution of said Company, referred to in the preceding il 7- hutruthent, is no-cv in force--. "'.--.:-Jr-g. 07'7 .1.7. 4'7; 'I mil -f7:11 trill...7.14117-7, 111.• 1 .--...- • • 2C- 1.1.1'•11 r • • •• • • a-7; J"=. 'Pr -., ll.1 - -.;-.. :k! - •!! - r" - I I •'..- II ir e- 'III 11 - IP 1.7.- 111 -t 1•14 at..ljta :HTL - /11•"; iiri t--- ;L. - 121 -; M Irr I; -.- 1“ ...= Hi .. 111 r.. ri 'I . w. :.„•:, :,,- .: L _ IN TESTIMONY.WHEREOF," I have hereunto set mY, hand; anctiffixed my'oftiCial seal at Liriaolnwood; Illinois; the day and yew , abion written.' -0," W,.:4-. 41.. ;Li': rs.i!op,-...;.c.,..,-i-pAl!.. 1!.......! yi!!-- !Fp.- :IF ...- if • n. • •t; • , - ; a: . :41.- . dl. - •ii .. {r: -.- :El. 4.",; .1 7 - .,:!.4rt In -_-_-.. ill [1.••=t1.' cm -HI i..7.--. *dem eti!, ti4.- t ia_ r. f' .4 t. ill: 7...; .11 ff !I..i L, se.t ::":" H▪ i- •e--_":1:11:1=- I il.F-- II -.77..:. al (74--H-01114, lk.--;. --:.!V- 111.if ! IP" Ilr-72--11.1 - 'Ii - 41 :t 4 -1 11 2.L, !P ;:-. il , ':;1 :.- t 41 __ li I; E-,-,1ii.:.4- J.• ;--a,41,4,-.-.:...41• , ii.÷ -•.-.,41-7,7 ill '1-.• I;iii-.; i • -- :::,;='a414 e•til 2.'- ;L.- iY -_- PI:: t.t:..„11,4 .7_ l':' r_ 3[1..-;. 41 .E.1 Ii!1„ 'II -i-7„ • • • • • a • . • • • • e • • • l -111;m4-2•11. i.1/2 al!....: ;!:1-.7-7. r ITT. 4:S -314'E.= 1 •••,74 ii-1;..Tqj rit irl 7 i -3- l'• f-, :i• J.L-- ;1, ,'_-: Itr: 6; 4.:.,-, .lil c,:„ -li: ..... ili 7,- llpil !"-• CO, l-=‘!- t' , . litA• • • • • • - •-•-, • 417. PUSLit• , • • • • • . - ' • • • • • • • • . • , .• I. •• • OLE il ,..e.- li .a• Ill .i -:.it r7-,•,.:-.-.1b.r..,L1 -.. 1. iv: - , .4 .4: LIV.i.4;• Hi riri • • •--.- IV -4 ;NetarY Public t. a T - II lg re ill d.. IL ;-;ll.7-.!°il .w.r lil .4 iii :-.•. .1! .4...j4 ill. ,.! • li.i :1.4! • ,!1!-- llik dirt! 41-44 (bele° ll 4-7 111•7;11F•••• =thrr;11 :-- •11. - • $I 7T -II ••-• II e '•-• '11r • .1 •n. Ir. -. I11 - - 111' :-tr;r :1! ‘• 14; t-_,.; ;Ii: _, it.r.i,113:fr.;!.li : ...1,,_:,_:_ ii . 721,.....721,%.-:)1,,±.:r „. ,, JOSEPH ,O.2.UDONI .4.• .= 1,, .7.-,.. 4. ,,.. :i._,...- I, '‘-.,:i;:iiI : 11C7---- ill e- rr ::-..---./17". It"; if4:i: iitil47---.7.•=r- Q. -k..: 'i i -7= -1:11.--7:![;4.4:i[i'= !IC; NOTA$Y, P1-93.uct.;*!ti of Mir's. 1 = ... =_si, . i - P,7 ---t ;ir.$ 4,4r....- .41 r?...‘. 1.11.4.4 11 -7-C:61114 h :•ir 4,•.%. li i !I i -;,r1+:arr..,111,11.1-:, ,11.r-±. Qualified in!State of:Illinois ,i. =E; l'' '-,- ' - -4..ii 7- 11.7 illi F..• --; 11."-.‘. Jr-7-_€:!liF.-:zt- .-t----. 1• ::•-•- .1 .e; IF .1.--.P.:410 .7.-• El -c -• ' - ExpiresMarch 4-1984 El r - - %--- El' 1. •r:•_: ''' -- '''' ' • ----n-.r.- •- "--- o111 .--1 ' •• i .• -:-. •o• •f, r._Iili•°!"• ...-. 4 • I..=I v• • :, ..I..H1P7..:-. '• .'•t1: •,Ii. •.- •i•,•it ?.2..• 1li •d;irt;• d•-tI•-7:• . l7 ll 4rI1!.t = L' r2=t • '1 li StateofIliho.,7*, I • ...i ; _. . 1.y. . ; • is :,. _ 1.„.=J::1=11i0 • i . L • 1 , 1, 41t. 1 „...• ll_41 L_!l•j•=-_: • t) ,.. . :! •Cunty of,Cook )a•.7•.. ' { •1.=77-aF;. -- gi 1;.ill 41-:4jl = •4[1_II IL 7ril;;H••.;11.7.-. 1 .; 1I, 1. • Mk • • V.: .1111t.Lrn• -11.1:: 11 rr :II Hi - 40 Rwr-Ii....1citim•ak. : . .--t1 11 - 111 ri 111 CERTIFICATEl,7111.7=-7 Erlf71,Erl -4-3z,ElaYtslE1 .-4-1-Asatml .`,7),•a 7-7 EJ: 7 E....--= laj:t,,,,ilta- Ell P • -: tet':t-',-k4-1 - l.' . T -" r; 1.1• ll;Ett!"a -,,hlrllCilI-Pv.-41v -,, 2 _-- - Ji? if- :.▪ l__I..4.,1_ • • , . i,theu• ndirsigndgecretaryofBERTTAGE INSURANCE% 03.7i a !Estock i corporation .. of-.4the .Sta1e I of, film iss,AcCoi,HEREBY7, ii;:CERTIF.Y .that the foregoing and attached • Poiver of •AttomeY and Certificate • of Authority remainein. full:Throe andhairlikit been:; .-± • revoked;.; and , furthermore-, that the :.Resoliition ..of the Board, of . Direetairs, as set . forth .in the Ceititteite.pf:Authori, 'aternow in, lr, -_,, . _ w rii Ai ..e: ili! ± ill 't li)l 1;11 4r--- • jj ""•(=. 1 •••` l. :::f li '7- ,i: '•e.- .,..ir 7 l'. -4-_. 111 --•_, Ill 11 -__- 11.,••-a•11;4t nr?1,..:1"--- t..--1' ='- !,1 &Ir.; . Signed ind "Sealed 'at dr .,Eitime Office,iof di Contpany, at thicolnviood, illinois: Datedithislyrt:s-7:-11.z.• ..ti ..).,.t.: :;;;I1/4 -dakTotail • 'a .':t".:. ir =-...1E ay77.1A 12 .1-.1E' •-• 11•11- 417:21 /1:1-•.14.L*111ke--. 11*-iI:1111•17•-•111 irre;•111*t :6-•7:161117: -7-72 1111711% •Itliel.tlIrri•11 r* r-1"r•Sr.r:r 41I Zr 1111 1 tt :; 19 '../Iay -,_:_. ,.; .._. lir = pi“,_.83 ..,-.._‘ oi 14;7; fili et[t :._ 'It t. 4:t -t it%! ...-:,. ii,,La;-.-Iiv --74* -_--4.:Lci-rWl"-k-1, IP k - • r • • !,-.+ylli 4=1; ill:yr.. ill :-.. lil L- iii ;.g.i14 !!!--4' ill ;.=.4.-L'...- V:1 -4N 'ILA. -.1 ! ! ! 4' I “..,- llll --:: ! it, • - I!! 1' .1--- •PI:‘= -.11." ,,i •:t.-;-- 74-cz-gir,e:-±11:. tr./t.',-ai.11•!•;-1. :1 S I= 4 .1 I =51• .1 :11 4*7--:thr 114 ot:1• • 7 • . • III "‘1.-. rIl -1-7.: 1 •-• t I.-=- .11: Zrr• 111 • G !•••• :•I III" I r! 1.1 :11 ••••: • . I. - 17 6.; •It Gm : 1 =.- w ••••• 111 - • i 111 •-•It II": I fif 7---- ill.±.L,,r,-- iv:. ,1,-Ep L., -..1r 7:::.[Ir 7-. :. II =,...: I" :f :.: - 7 ; . E.E.7 Irl .e. ill n..- ;Ii •:= iL TT: _ . :111:171; 11111 -• !]1., .TGL-‘.I r:‘1:111‘..t4:1 1:"I•G: • ri.:3"-".•11.1:'t • 11 •11 ;1*.t .11 irf:1••;:7,11 ±„ir te I!`lr 4m. lit ▪ =_t•,.qi J.1 e*1:111 • F C-1!..&.111/ 4 I= --tc -.• 11-1.E- • SEAL. y, • 7 !I k P. ...tit; ed.:: ••111.1...-±: .111.1e 74, •4.. 4:: fir -2f 11.:4, !I!, • .1r1 I `5-27.111.1.• 1. :'11 11 a:1 -. r:11 ij:Tft J11 1 .▪ 11 ARKANSAS PERFORMANCE AND PAYMENT BOND (14-604 Arkansas Statutes) KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) corporation hereinafter (3) Heritage Ins. Co. of Am. of Lincolnwood Illinois hereinafter called Don Mitchell, Inc. called "Principal" and , State of the "Surety", are held and firmly bound unto (4) City of Fayetteville , hereinafter called Nineteen Thousand Four "Owner" in the penal sum ofHundred Seventy-eight and ndilOars ($ 19,478.00), in lawful money of the United States, for the payment of which sum well and truly to be made, said principals and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the 21st day of April , 13__, a copy of which is attached and made a part hereof for the construction of: Miller Addition Sewer Extension NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agree- ment of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the .Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing material for or . performing labor in the prosecution of the work provided for in such contract, any any authorized extension or modification thereof, all amounts due for, but not limited to, materials, lubricants, oil, gasoline, coal and coke', repair on machinery, equipment and tools consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivisions thereof which shall have arisen on account of, or in connection with, the wages earned by workmen covered by the bond; and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. .;) The Surety agrees the terms of this bond shall cover the payment by the principal of not less than the prevailing hourly rate of wages as determined by the Arkansas Department of Labor or U. S. Secretary of Labor, whichever is greater, to all workmen performing work under the contract. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, -alternation, or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same, shall in any wise affect its obligation on this bond, •and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms df the contract as to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each of which shall be deemed an original, this 6 day of May , 19 83. ATTEST: _SECRETARY 4c,entrgi.040. _.47StAtIS);. - 41"%•;012; = rt -ori -RA -•,4x C2,072. ‘-•e, (PRINCIPAL) (PRI BY (TITArt? Dept Mitchel). nc. rdL (ADDRES cal hci ade ----age-Nnsur America S TO PRINCIPAL •••• SE tR SURETY) WIAXis Fields •- '5" WITNESS AT TO ATTORNEY-IN-FACT Marilyn Williams . Babb & Associates, Inc ADDRESS P.O. Drawer 15430 GMF Little Rock, AR 72231 G tEY-IN-FAC D. Michael Babb Babb & Associates. Inc. ADDRESS P.O. Drawer 15430 GMF Little Rock, AR 72231 SPECIFICATIONS FOR MILLER ADDITION SEWER EXTENSION WORK ORDER # 2706 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS March 1983 CITY ENGINEERS' OFFICE x3/107flw 4/.‘4212c: ‘9,45424/k awe D• n t/ iteriZeonst 727,47 •.011:111e e/20 31 INDEX ADVERTISEMENT FOR BIDS BID BOND PROPOSAL FOR SCHEDULE I 0 ARKANSAS PERFORMANCE AND PAYMENT BOND CONTRACT AGREEMENT INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE SPECIFICATIONS DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS DETAILED SPECIFICATIONS PART III MATERIALS ADVERTISEMENT FOR BIDS Project No. W.O. 2706 City of Fayetteville (Owner) Separate sealed bids for Miller Addition Sewer Extension will be received by . Sturman Mackey at the office of the Purchasing Officer, Interim City Admin. Bldg. until 10 o'clock (A.MMUI. C. S.T. =M.) April 7. 1983`, and then at said office publicly opened and read aloud. The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined and/or obtained at the following: City Engineers Office; Interim City Administration Building 115 South• Church; Fayetteville, Arkansas Copies may be obtained upon payment of $ 10.00 for each set. Any unsuccessful bidder, upon returning such set promptly and in good condition, will be refunded his payment, and any non -bidder upon so returning such a set will be refunded $ 5.00 . The owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to:the conditions provided in the Information for Bidders. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract. No bidder may withdraw his bid within 30 days after the actual date of the opening thereof. (Date) navaa c.-are”wka v, v, cJwr."51-33-.C.-43\De," Bond # 1121064 HERITAGE INSURANCE COMPANY OF AMERICA ILLINOIS GENERAL AGENT P.O. DRAWER 15430 BABB & ASSOCIATES INC. GMF LITTLE ROCK, AR 72231-5430 (501) 753-0555 BID BOND 1400-482-8841 KNOW ALL MEN BY THESE PRESENTS, That we Don Mitchell, Incorporated R.Pget s AR as Principal, AND HERITAGE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized to transact surety business in the State of Arkansas as Surety, ---- are held_and-firmly bound unto City of Fayetteville, Aricaneas as Obligee, In the penal sum of Five Percent of Amount Bid DOLLARS, ($ 5% lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and sev- erally, firmly by these presents. April 4, 1983 SIGNED, sealed and dated WHEREAS, the said Principal is herewith submitting proposal for Miller Addition Sewer Extension Fayetteville, AR and the principal desires to file this Bid Bond in lieu of making the cash deposit as required by G. S. 143-129 as amended by Chapter 1104 of the Public Laws of 1951. ' • NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee 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 goodand sufficient surety for the faithful performance of such Contract and for the prompt _payment of labor and material furnished in the prosecution thereof„or inthe event of the,fallure of the Principal to enter ...such Contract and give stich bond br bonds, if the Principal shell pay to the Obligee the difference not to ex-Ceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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. All obligations imposed upon surety by this instrument shall become null andiioid;cand all right to make claim in connection therewith shall expire, 30 days from the date of the bid letting for theliforenienlioned construction project, unless, prior to the elapsing of said 30 day period, the obligee makes formal wriitin,regGe,st for an extension of same to surety's attorney.in-fact, and said attorney-in-fact responds with written approval theitt BY: = -;L- if -t‘-- .----- Don chell, corpot.p.ted--- l,-,;:- Neel 7;2 • ••:.- '7:. -v -f '0 -;.• - r>\ 6 ................. .eb Sfr5f)% ...V.It. .., COMPANY OF AMERICA .- _A •I= 0 t. -.;[Seal , it= Attorney -In -Fur 4 4.74: ,.., - -•,, -re :-.4; ., , .., -.... ., • 4.,-, + ....;,..„.7 N N1/4 aw • ••••31 a ..+ alil• r• a .•'' D. Michael Babb HERITAGE INSURANCE COMPANY OF AMERICA • - LINCOLNWOOD ILLINOIS- . 1'1 't - . . , . • • __ • ._ . ... , . , 4- • - • - I _ c.- , Power of Attorney r _ -- - I •,,- ••• 1, 'nu; 4 NE: I • • 7_ t47;-... 1,' - . -• - - . •• • r :at. • .::_ :1 . rhe -- " I - • I PRINEIPALDon -Mitchell , Incorporated r•--EFFECTRiE DATE Apr11;4', 1983 LfT _ 4Pr 31 • k • DBA 11 - - 1 -AmouN-r OF BOND $ 1: 000 • od - bi = • 44 Fr F k •1 '1 - = - 21 064' • • POWER NO. H - • • • . 11, ' - I. - i: • -- . 'i W --7- ! . C•- ,I. k1 4: j -.- 1 - • .' • 7 KNOW ALL MEN BY THESE PRESENTS: -That the Hernagelnsurance CoMpany, a Corporation in the State of Illinois,haiing its 7; _ principal offiee in .LincOlnWood;.111inois;piirsuant to the folloWifig reabliitiOif;adOPted by the Board of DirectOrs'of the said Company on : I "r• thi.9th day cif Mareh;1979;to- wit: 'I = -74 , , . ., ,•IL_ 'The:President, 'or-. any Vice•President,. or 'otheT.Offiter 'designated br the •Board 7 -of Executive Committee slcill have authority, . . r I .. ,• V I .. . I '1, severally, to make, execute 'and -deliver a power 'of attarney constituting.as Attorney -in -Fact such persons, firms br corporations as such ..-7. i'4 officers maY, select Chain tithe -to time.7iii-2=-: k4i ... i4 = in , .,. iti il t 'ft al 111i ___ 14 _ ;14 Te.: XII 7 _ ,414.:-._.0. .;_ • ctdries'hereby Make, constitute and appoint Mike Chresienan, D. Michael Babb, Gail Brouillette, and orPhylli-e Fields of IslOah Liille Rock ‘ r - .I; inithe-,Statejf Arkaneasc‘its ft -he -and liwfullattorney(s)-in-fact; :With:IMPpower and authority herebyconferred •in 'its name', Place-andl. 's =stead, to sign, exeCute;acknowledge and deliver in its behalf, and its act and deed as follows .f_ t, 7-7 It., i.t-,7 !. - ,..1: _ .ii .-;,:, 0 ...- ••••••••• . • 9 .• r p . p • • ='; qf 7 .•ii Th..... ”I 42:::: !" ...L I•I 1;: ;H 7 IFI ;%-=7 -•111 7 ;:rf .-1= ;I .7X. ni :11 NM.; ::-I.: 7 ..; •:: H... I•L; -. Al 'J • Itt.E- C;1 I-1 111 ::: r: TP -L---a •Tp: 7 . -The obligation of theCoMpany shall not exceed the 'sum of ren thousand (810,000.00i:dollars ,,,,v - • 4'4.--..i. . ..4,•-_. 1.11•••• •••• • • p. • • • . • :'•.: . • •.• . 4 . . • . I- - .Hand tO :bind 'Heritage InsuraficT Conipany- thereby ai:fully and to the same extent 'jiff such bond orTiindirlaking was•signed b the- duly.. 1I,iaiithoriZed-officersl of. thelHeritage Insurance CompariY,-and 'all -the' acts of .aid Attorney(S) pintuant: t� the -audio -lily herein given, are ' riherelirratified and confirrned.r.--2•1_a or r --.- 1; •_•:e ,f4 .t.• ::....e.. It 4... ;11..7_ .4....1-_--.411 4_,- 14 _ .: -..v. ¶j 19 ,11, . it...- Lip i -- t.1 - Du: ,. '41- _ . .ii ?rn ..4 ;*„. 34 .?..-.. ik.3 -•Ill I .-- ]..4 ' -7.•• 111:•if 1171'. i!' •-1-: If; 7 Ai = 1717 'J."- 11.11.- 7- /11 -7 n?• 14. 4-r--: .•L •oi IN' WITNESS WHEREOF, the „Heritage i Insurance- Company lias caused -these-presents to be_ signed by,:its :Pres 'dent, and/or its -, 7."Viae-Priiidint, iiid its COrpoiate Seal t� be hereto affixed .' ' 4..11 - i -' 2 :217-7_1:•17',. . l- l.i1e-l--l-'1--. i -i.'' -•.j;i vl A --: 1 .• f i -M-.i.'i. .1 -L -.., - 1I 41II.7;ii17=:3'TI/''-II-2 - -,atIeri-t-iL-t!Lt r=; 3 7• I .qc;1:‘_. _ 1 i : • • ••••••• i. II , ..' XI:4 '1.. tl g •••:i it: .•..m ..:17 :-.. Ph ,...; A' ..-7= i 1 .7._.: •ri..7...... ,• 1 ,, „±---- t: .1.7 1 -v••• It :2 "1:5 7 '•-. :. 7 7 7•:1: 1.- ' - -f-lh._ It• _ 1 - - • • • • •••••••lx.cosoN,- • - •r- ..,...r.HERITAGE-.INSURANCE _COMPANY OF_AMERICA • ,: • . • :I ---1 (.1•L'=-- 'II 7-7.2 ili l' 147,ill•-.7••,11,--i6„-44 \r• 'I• r li a - •J? '-'•• •- i .--- 'il I -? 'II- 1 11 "I ;I ,: 1-,r .fl in "I.i • ..- - • • • 3 • • • LP : In ••-::; Ill T_ 4• 1:1 7.7 lir :-. :1 i.---- 11-7 11 il•,7,#1,77SEAL-'-' ::t .4 ir- lir.-7 11 t- tli :=;.:. hill.• Irlf.-,-- 11, 7 11 7- 1•,1,1 T 11.4.,•_ illl l':. 41,1_ ri• i ril --- lye* . VI fe :!1!-- i ir f i:ELI•,- 0 -„; 44; , 0 r. 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It *ft-` I ii' -77 j': 7: III•':7 !' • 'Ili - :-7 1 . ==- 111 tu••=-• ch -- !:. .e---_.• 4,:,•;:i. ;13 1 ' r.t. 11:: -'.. th -:- j] ,I,--.•• •1._ '' --_-_ : :111.= .•I'l;-3..i• !.t=...[(1 - :Ii.-ru: Lt1 7 1 if 2-7 i din 1! i ,...- II: -;=;:t'• .c•..., i.---?- ;11.-=..41,:. :•: • II•7 !III 6n his 9thrcl• ay.- of :11/a-rch;'1.579 -;:befaeTtlile.S-ubScribei; a' NOtirry'itiblic474 Ilie.• -Itate --of Illinoilin a•nd'for1 ill; dor-I-etc, 'ol" Crreic- . _• _._ .i duly cOmmisSioied and qualified; ea-Me:WM: Giacinto of the Heritage Insurance Company; to Me Personally- known to be the -individual , .A11 and officer .described.herein, and who. executed the *ceding instrument ; and acknowledged the execution of the same; and being by nie • duly ilgratt, deposed and Said,lthat he is the officer of said Company 'aforesaid, and that the seal -affixed to the Preceding:instrument is 7 -4 ;Haw:Corporate Seal of said Company, and•the said Corporate Seal and signature as an officer were duly affixed and subscribed to'the said ' [,, .,,,„ instrument by theluthOrity and 'direction of: the said Corporation, and that the resolution Of Iaid COmparTy, -referred to in the 'preceding - . 4,1 - :, .. -. . - i •-=- ,•,ii .... 41-- 41 '-.., . ]....:- ii;)-. :i• .. lit -L.-. rtr - V a.:.[ :It Z:n -,ft .''' ,I -..n.. ,4,, .4--- ' • - . r s '' - 1,- - n 1 - ,:..,-.1.N TESTIMONY WHEREOF, I • 'haVe hereunto set my, hand, and affixed my official seal at Lincolnwood, Illinois, the day and year , .... 1.117!I -r i!•• --i v -7 1 • •7:-.----- i: --• Ill.' 7 1I7:--"F!l •VP , l ▪ -- 1%1„.?1,i:11 1, 1.7ZnE;17 Iii ..- .-r:. ir.-7 vir :1-r• al -lfl- 11.1.1eliitifill -F... 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HEREBY, 1 : !CERTIFY...that the .foregoing and• attached Power: of, Attorney .atid:Certifieite !Of AutholitY remains " in • full force and:has net , been i k- revo ed„ and:furthermore, that the Ikesolution ' of ithe Board .of;Direetors;:-as •set, forth in the Certificate of Authority,H are now in .......----1 force- . . . . . . .. . • re • :4 .--- Signed 'and ' Sealed •at the •Hinne Office of the Company, at . LincolnwoOd;Illinois. Dated this I, ' :1 .-_- _ . , __. L . -•.. • • .1. Id . . II . . . : . ... - 4 = .! ". = .1= 1. -.- ::. : r -it -:•••t" 7.: " !I- 2.! . _ ! 4t.grcdaY tar Li t:' li _ [ , ,=_ 3 4J et._ ill ;._ 'i4 i'44.3.- i'...rj- b..-- : 1.-•- '3-- •.jr. 7 I:k•J •'. ILI - :t• - 7 4 • ._ _ • ...-.- 1.H t. --j- 11 April 1- 4; ' •r• & r ::• : " 83 .., tilt „._ rit-2-7, qi a Iii -r-:,..- ils a iii -F irk -.=-2 kile-iti .•-a- 7 Pr. - -44-• • I. • ' ' 411."0:11 rf. . • • • • . . • , 11; k --. 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'7r !!". !Ii. r,i- ,Lje•• Wv.;.. it E: WIt--1::".L:114.::Irgt.1...:•11 --t"11.-7-TtiA":•-rif-=,-sli "rig*, -411 •:-", .i'i&_ Ili ii-- T. L.• ;0 ."-± ilt-....1._ f :. ... . ,. . • • . . - , . • • • 717 t_.7 P,t- A! !,r7. HI, -7-7- :41.771 ••4 --: ,P,-:....0,ra.=.111-rillf.-7.11.f.tt_t!LI.-;...1 1, .= .4 r t ,;: : - .13 7z.7 fi-r=-_-:4L,-;:. ::;.• ;..-..11.7._ 4-_. i. tit - tr. 77 7 lit " ,V1 ' 111 ' • 4L4-7-7 rr " 111-9 ENCASEMENT PIPE: Encasement pipe shall be one-quarter (1/4) inch thickness, sixteen (16) inches diameter, spiral -weld bituministic coated encasement pipe, or approved equal. III -10 MATERIALS FOR SEWER SERVICE CONNECTIONS: All tapping saddles, 4" C specified on the Standard Details sheet will not be allowed without the written • .I.S.P., and fittings shall be as of the plans. Alternate materials approval of the engineer. • 4 injurious amounts of oil, acids, alkalies, salt, organic matter, or other deleterious substances. Test specimens of mortar made from the materials and the water to be used shall develop not less than ninety- five (95) percent of the seven (7) day tensile or compressive strength of the same materials and distilled water. III -7 GRAVEL FOR SUBGRADE AND GRAVEL STREET REPAIR: Gravel for subgrade shall be S13-2 and shall conform to the following specifications: SIZE OF SIEVE PERCENT BY WEIGHT 112" 1" 3/4" #4 TOTAL RETAINED 0 0 10 to 50 50 to 75 #40 10 to 30 #200 TOTAL PASSING 3 to 10 The fraction passing the #200 sieve shall not be greater than two-thirds (2/3) the fraction passing the 440 sieve. The fraction passing the #40 sieve shall have a liquid limit not greater than twenty- five (25) and a plasticity index not greater than six. III -8 DUCTILE IRON PIPE: Ductile -iron pipe 3 in. (7.6 cm) in diameter and larger shall conform to the current American National Standard Specification for Ductile - Iron Pipe, Centerifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liauids, AWWA C 151 (ANSI A21.51). Ductile iron thickness shall conform in all respects to the current American National Standard for Thickness Design or Ductile Iron Pipe based on a minimum of 200 PSI (1379.0 )(Pa) working pressure, laying condition "Type 2" with 8 ft. (2.4m) of cover. Pipe 4 in. (10.2 cm) and under shall be thickness Class 51; pipe 6 in. (15.2 cm) thru 12 in. (30.5 cm) shall be thickness Class 50. For larger diameters or deeper cover, special design will be provided. All ductile -iron pipe shall be push -on joint. All ductile -iron pipe shall be bituminous coated outside and cement -mortar lined inside with seal coat all in accordance with AWWA Standard C 104. All ductile -iron pipe and fittings shall be tested in accord- ance with the applicable provisions of the specifications relating thereto. t r R rings and covers shall be as manufactured by Bass & Hayes, Neenah, or approved equal. Cast iron manhol& steps shall be 8 inches wide. III -4 CONCRETE AGGREGATES: Fine aggregate shall consist of sand or other approved inert material with similar characteristics, having hard, strong, durable particles with not more than one (1).percent by weight of clay lumps or three (3) per- cent by weight of material removed by decantation. Mortar specimens made with the fine aggregate.shallhave a compressive strength at twenty-eight (28) days of not less than ninety (90) percent of the strength of similar specimens made with Ottawa sand having a fineness modulus of 2.40 + 0.10. Fine aggregate shall have a fineness. modulus of not less than 2.40 and not more than 3.00 and the variation in modulus shall be limited to +0.20 from the average of all tests. Gradation shall fall within the following requirements: ,TOTAL PASSING PERCENT BY WEIGHT No. 4 Sieve 95-100 No. 16 Sieve 35-75 No. 50 Sieve 10-25 No. 100 Sieve - 2-8. Coarse aggregate shall consist of crushed stone, gravel, or other inert material of similar characteristics, having clean, hard, strong, durable, uncoated particles with not more than five (5) percent by weight of soft fragments, one-fourth($) percent by weight of clay lumps, and one (1) percent by weight of material removed by decantation, except that when the material removed by decantation consists essentially of crushed dirt the maximum amount permitted may be increased to one and one-half (1 1/2) inch and smaller or three-quarter (3/4) inch and smaller, and shall be graded within the following requirements: PERCENT PASSING BY WEIGHT Maximum size mesh screen (sq. mesh) 97-100 Half maximum sizemesh screen (sq. Mesh) 40-70 No. 4 Sieve 0-6 III -5 CEMENT: Portland cement shall conform to the requirements of the Standard Specifications for Portland Cement, ASTM Designation C0150, Type I. Masonry cement shall conform to the requirements of the Standard Specifications for Masonry Cement., ASTM Designation C 91. III -6 WATER: Water for mixing concrete shall be clean and free from DETAILED SPECIFICATIONS PART III - MATERIALS III -1 GENERAL: The work to be done under this contract as shown on the Plans and provided for in the Specifications includes the furnishing of all equipment, labor, tools, supplies, and materials required for the construction of a sewer collection system and related work as provided for in the Proposal. III -2 VITRIFIED CLAY SEWER PIPE: Vitrified clay pipe used in this contract shall conform to ASTM C -200-65T, "extra strength clay pipe". All pipe shall be subject to tests as prescribed in Section II -7. Pipe joints shall have factory -applied joints or coupling on the spigot and bell ends of the pipe meeting A.S.T.M. designation C425 or latest revision, and compounded of a high quality polyurethane elastomer applied to the pipe and properly manufactured to a desired hardness and compressi- bility to form a tight compression joint. The resilient polyurethane should have the following physical characteristics: 1. A minimum tear strength of 50 psi (A.S.T.M. D624). 2. Percent elongation of not less then 80 percent and shall return to original volume and shape upon release of elongating force (A.S.T.M. D412). 3. A compression set value of less than 5 percent (A.S.T.M. D395A). 4. A minimum resistance to deflection of 165 psi at 10 percent deflection. 5. A minimum (Shore "A" durometer) hardness of 70 from a temperature range of 20 degrees to 100 degrees F. I1I-3 MANHOLE CASTINGS: All castings shall be made of clean, even grain, tough gray cast iron. The castings shall be smooth, true to pattern and free from pro- jections, sand holes, warp and other defects which would interfere with use of, or impair the serviceability of the castings. Circular manhole rings and covers for sewer manholes shall be 250 pound standard in dirt or 300 pound in roadways with solid cover. Cover shall have two pick holes, on opposite sides at the edges. Manhole Y .r. J r R , c +,r 3. Tapping saddles in place shall be inspected prior to installation of service lines to determine that the saddle'is properly aligned over the drilled hole in the sewer main. 4. All holes in V.C.P. sewer mains for service connections shall be drilled with a 4.5" O.D. to 4.8" O.D. drill bit suitably powered, driven, and designed for tapping sanitary sewers. 5. Holes in D.I. sewer mains for service connections shall be drilled as outlined in Item #4 or may be drilled out as follows: a. The tapping saddle shall be placed on the main and the inside circle of the tee off shall be marked with chalk. b. The tapping saddle shall then be removed and the outline of the service hole shall be hand drilled with 1/4" diameter or smaller drill bits. C. The metal saucer removed from. the pipe must not be allowed to fall into the sewer and proof that it is not in the sewer must be shown the inspector. d. Once the rough outline of the service hole has been cut out, a suitable saw must be used to cut a smooth circular hole out of the sewer main of the correct size for the tap. e. The tapping saddle may then be installed and inspected. 6. No taps shall be made in manholes unless specifically directed by the engineer. In the event taps are allowed in manholes they shall be paid for at the unit price given in the proposal for bid item # 24. 1 7. 4" C.I.S.P. service lines shall be installed to the property lines of the individual owners of the tap, unless otherwise directed by the engineer, and at that point the contractor shall reconnect to whatever type of service line is encountered as shown on the standard details sheet of the plans. 8. , No sewer service shall be deemed necessary to reconnect until it has been smoked by the Water and Sewer Department to determine which house it serves,. unless otherwise directed by the engineer. 9. It shall be the contractors responsibility to locate all sewer services which must be reconnected to the new sewer mains. The pavement and base shall then be removed for a distance of 18 inches from each side of the trench. The Contractor shall then replace the base with 8 inches of reinforced concrete pavement using high early strength cement. The concrete shall have a 28 -day strength of 3,500 pounds per square inch. Steel reinforcing shall consist of No. 6 rods placed on 12 inch centers both ways. If the original payement is concrete, the concrete base as set out above shall be constructed flush with the top of the existing pavement which will require a total concrete thickness of 12 inches rather than 8 inches as shown. The finished grade of the driving surface shall be uniform with the existing adjacent driving surface. A finished top grade tolerance of plus or minus 1/4 inch will be allowed. The tolerance will be measured by use of a 16 foot straight edge placed parallel to the roadway centerline. The plans show repair detail as set out above. The shoulders of the highway which have been disturbed shall be backfilled with SB-2, thoroughly compacted, and the surface shall be replaced to equal or better than the original condition. It should be noted that it is the responsibility of the Contractor to provide sufficient flagmen, signs, barricades, lights and other items required to insure complete safety of the public and the work- men at all times. Since the return of the deposit required by the Arkansas Highway Department (the cost of which will be borne by the Owner) depends upon returning the roadbed to its original or better condition, the Contractor will be required to complete this item of construction to the satisfaction of the Highway Department. II -18 EXCEPTIONS TO CONSTRUCTION SPECIFICATIONS WHEN LAYING 4" C.I.S.P. SERVICE LINES All of the provisions for laying sewer pipe, as outlined elsewhere in these specifications shall hold true when laying service lines with the exception of the following: 1. A hand level may be used to establish grade. 2. All 4" C.I.S.P. in place shall be inspected prior to backfill. II -19 ADDITIONS TO CONSTRUCTION SPECIFICATIONS WHEN LAYING 4" C.I.S.P. SERVICE LINES: 1. The minimum grade to be used when laying service lines shall be ¼"/ft. unless otherwise directed by the engineer. 2. No bends shall be used anywhere on service lines unless specifically directed by the engineer. Y II -16 CLEANING UP: After the construction work is completed, all refuse and debris resulting from the work shall be cleaned up and disposed of to the satisfaction of the Engineer. All excess excavation, waste concrete, piping, lumber, and other refuse shall be removed from the site of the work and the site leveled, graded, and dressed up until it is neat, smooth, and workmanlike. It shall be specifically understood that the clean up operation, shall be maintained as closely as possible to the pipe laying operation. If, in the opinion of. the Engineer, the clean up operation is not being maintained satisfactorily, he may suspend the pipe laying operation until such clean up is completed to his satisfaction. The cost of all work under this section shall be included in the appropriate unit price and will not be paid for separately. II -17 HIGHWAY CROSSINGS (STATE OR U.S.): The plans show the location of lines where crossings of highways are required. The crossings shall be accomplished by boring and the insertion of an encasement pipe of the length, type and size as shown at each location on the plans. In the event rock conditions prohibit boring of the road crossing, the Contractor shall contact highway department officials and point out to them that an attempt has been made to bore the crossing and secure permission to make an open cut. Unless an open cut is made, the trench shall not be opened closer than 10 feet from the edge of the driving surface. If an open cut is required, then the following procedure shall be followed: The highway must be kept. open to traffic at all times. Consequently, the Contractor will be required to complete the crossing in two stages, keeping at least one-half of the roadway open at all times. The crossing shall be made in the following manner. The pavement shall be removed the minimum width required for installation of the encasing pipe. All pavement cuts shall be made to line with the use of an air spade, line drilling, sawing or such other equipment as is required to form a true line for removal and replacement. The Contractor shall then excavate the earth from the site and install the encasement pipe. then be made by using Arkansas State Highway Departm compacting to a minimum of 95% of maximum A.A.S.H.O. shall be made according to the latest specifications backfill shall be brought to the top of the subgrade trench, remove all The backfill shall ant SB-2 aggregate, density. Tests of A.A.S.H.O. The in the above manner. unit price for pipe, and shall not be paid for separately. II -13 CROSSING FENCES: The installation of lines may necessitate crossing several fences as shown on the Plans. Prior to clearing the right of way, the Contractor shall install a braced post assembly on each side of the right of way so that when the fence is cut, the tension on the fence is not reduced. He shall then construct temporary gates so as to maintain livestock in the original pasture during construction. After all construction, including cleanup, is complete, the fences shall be rebuilt to equal or better than original condition, using new posts and wire. The wire used in rebuilding of the openings shall be of the same general type as the existing fences. Posts shall be pressure - treated pine, having a minimum top diameter of 4 inches. Where removal, replacement, or repair, of chain link fences is required, the Contractor shall retain a professional fence company to perform the work. The cost of all work done under this Section will be included in the Contract unit prices and none will be paid for separately. 1I-14 GARDEN CROSSINGS: In the event of a garden crossing extreme care will be taken to damage as little of the garden as is possible. After completion of the pipe laying operation within the garden area the garden shall be dressed with a minimum of 12 inches of topsoil and hand raked smooth. II -15 CONCRETE: All concrete shall be composed of the materials described in paragraphs 5, 6, and 7, Part III, and shall be proportioned by weight in such manner as to obtain a plastic workable mix. All concrete shall have a 28 day compressive strength of 3000 PSE and a slump of approximately 4 inches. In placing concrete, care shall be taken that the freshly placed mass is so placed and vibrated that there is no tendency for the coarse aggregate to segregate from the mortar. All concrete shall be properly protected from too ,rapid curing or from freezing while green. The cost of all work in this section shall be included in the unit contract price for Class "B" concrete and shall not be paid for sepa- rately. multiplied by a width of.thirty-six (36) inches, except that where a width greater than thirty-six (36) inches is required and authorized by the Engineer, the actual width of pavement cut and replaced shall be used in determining the quantity of pavement cut and. replaced. In gravel surfaced streets or parking areas the gravel will be disturbed in excavating for sewer trench. After the backfill has been so placed that no further appreciable settlement will occur, gravel surfacing shall be replaced to the same compacted thickness as the original surfacing. During construction operations, the gravel on the remainder of the street not occupied by the trench may be disturbed and covered with dirt from excavation. After completion of the backfill, such dirt shall be removed as completely as possible and additional gravel placed on the street as directed by the Engineer until the street is satisfactorily restored to its original condition. The Contractor will be responsible for maintaining flagmen while working within or near city streets. In the event a closed street is required, the Contractor shall carefully mark a detour route. The Contractor will be responsible for providing and maintaining barricades, warning lights, signs, washing equipment, labor, and every other item re- quired to maintain roadways safe and comfortable to travel and reduce the inconvenience and discomfort of adjacent residents as much as possible. It will also be the Contractor's responsibility to replace signs, mailboxes, posts, retainer walls, and other obstructions which were removed by him during construction of this project. Gravel surfacing cut and replaced will be measured and paid for as the cubic yards of gravel actually used in replacing such surfacing. Special surfacing cut and replaced will be paid for at the appropriate contract unit price as given in the Proposal. Contract unit prices shall be inclusive of materials, placement, and all work incidental thereto. II -12 CROSSING LAWNS: The following shall apply to all lines crossing lawns, as desig- nated on the Plans. After settlement has occurred, the disturbed area shall be dressed out with three (3) inches of top soil and hand raked. The dressed out areas shall then be seeded or sprigged with the appropriate grass or grass mixture, as directed by the Engineer. If lawns, bushes and small trees are likely to be damaged by the work, they shall be taken up ahead of construction. They shall be properly protected until such time as they can be reset. It is the intention of this Specification that lawn areas be restored as closely as possible to their original condition. The cost of all work under this section shall be included in the appropriate Contract outlet invert of the manhole and the top of the manhole ring. Manholes will be measured and paid for at the appropriate contract unit price as given in the Proposal. Unit prices for manholes shall include materials, excavation, masonry work, and all work incidental thereto. II -10 CONNECTION TO EXISTING MANHOLES: Where required on the Plans to connect to an existing manhole, and where no stub exists in such manholes, an opening shall be cut in the wall of the existing manhole of sufficient size to permit the proper installation of the new pipe at the designated line and grade. After new pipe has been installed, extending entirely through the wall of the manhole, the opening around the new pipe shall be refilled with concrete, or brick and concrete, and properly plastered inside and outside with mortar so that no leakage can occur. Bottoms of existing manholes shall be trenched out and refinished to the proper invert as previously specified. The cost of all work done under this section shall be included in the Contract unit price for pipe and shall not be paid for separately. II -11 CUTTING AND REPLACING SPECIAL SURFACES: Whenever it becomes necessary in excavating for trench to disturb special surfaces, such as paved or gravel streets, drives, walks or parking areas, the original surface shall be restored after completion of the backfill operation. In these instances, special care shall be used in making the backfill to eliminate future settlement. The surface shall be restored using the same type of surfacing materials that were used in the original surfacing, except that asphalt streets and highways shall be replaced with concrete as shown on the miscellaneous details sheet in the Plans. Backfill of trench lying within roadways shall be in strict accordance with the applicable provisions as stated in Section II of these Specifications. The condition of the backfill, with special regard to the degree of compaction, shall be checked and approved by the Engineer before any surfacing is placed over the backfill. The replacement of special surfacing shall follow as soon as practical after the completion of the backfilling operation so as to restore the roadway to its original condition and traffic capacity. If in the opinion of the Engineer the replacement of surfacing is lagging, he may, at his discretion, suspend the pipe laying operation until the replacement of sur- facing proceeds in a satisfactory manner. Immediately prior to replacing asphalt or concrete pavement or surfacing, a chalk line shall be made along both sides of the trench at the proper width, and the pavement trimmed along a straight and vertical line. No claims will be allowed for additional width of pavement cut and replaced occasioned by this requirement. The quantity of asphalt and concrete pavement cut and replaced will be determined by the horizontal length of pavement actually cut and replaced measured along the centerline of the trench Cu diameter of each pipe entering the manhole barrel shall be cut smooth with the inside. edge of the, manhole barrel and the invert shaped throughout from all inlet pipes to the outlet pipe. 3. Manhole Barrel. The barrel, forms may be set as soon as the con- crete base has cured enough to.support the forms. The manhole barrel shall be of such construction that the finished manhole will have an inside diameter of 4 feet 0 inches, plus or minus one-half inch. Concrete used to pour the manhole barrel shall be 3,000.pound per square inch test with a slump of approximately 4 inches. Before the forms are set in place, any water that may have accumulated in the excavated area shall be pumped out and, if required, the concrete base throughly cleaned of dirt and debris. Before pouring of the concrete begins a two inch layer of grout mixture, as set out under "Invert" above, shall be placed in the bottom of the forms. The forms shall be removed after the initial set of the concrete so that holes may be cut in the manhole barrel for the installation of pipes that are to enter the manhole at points other than adjacent to the manhole base. After these pipes have been put in place, the barrel shall be repaired using a grout mixture as set out under "Invert" above. If honeycombing of the barrel is found to be pre- sent after removal of the forms, they shall be repaired as directed by the Engineer. The top of the poured manhole shall be left at such an elevation so that two rings of standard bricks are required to bring the man- hole ring to the finished elevation. A three inch wide by two inch deep keyway shall be left in the top of the poured manhole to hold the mortar for the first ring of bricks. 4. Curing. Curing compounds or covers may or may not be used at the option of the Contractor. However, it will be the responsibility of the Contractor to protect the concrete to prevent cracking during the curing process and to protect the manhole during freezing temperatures. The Engineer shall, at his discretion, prohibit pouring concrete during the periods of extreme cold or inclement weather. 5. Backfilling. The manhole shall not be backfilled less than 12 hours after the forms have been removed. Extra care shall be taken to. compact all backfill to the top of the highest pipe entering the manhole. 6. Payment. Manholes will be measured by the distance between the various utility owners: City (Water and Sewer), Warner Cable (Cable), Swepco (Electrical Power Lines), Arkansas Western Gas Company (Natural Gas Lines), Southwestern Bell (Telephone Company) will cooperate with the contractor in helping locate the underground services, and must be notified before construction proceeds in the vicinity of utility lines. Where the Contractor cannot make adequate repairs, the various utilities will make repairs to all services, and such costs will be charged to the Contractor. The Contractor shall make arrangements for this service with the various utilities either before the bid is presented or before construction starts. Although not anticipated, septic tank disposal fields and related piping may be damaged during construction. If so, the Contractor shall make the repairs necessary to put the septic tank system into operation. Where the plans show a portion of the line to be laid adjacent to power lines, it shall be the responsibility of the Contractor to make any arrangements with the power company for "tying off" poles. It also shall be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working in the vicinity of these power lines. II -9 MANHOLES: The construction of manholes shall follow closely the progress of pipe laying. If at any time pipe is laid as much as 1500 linear feet ahead of completed manhole construction, then pipe laying shall be discontinued. Manholes shall be constructed in accordance with the details shown on the drawings. Manhole bottoms shall be of concrete poured to dimensions and grade indicated. 1. Base. The concrete base shall have a minimum thickness of 12 inches and shall be poured on undisturbed earth. The base shall be poured so that the top of the base is a minimum of 2 inches and a maximum of 4 inches below the lowest pipe inside the manhole. except when lowest pipe can be laid continuously through the man- hole, the base may be poured to a point 2 inches below the center- line of the pipe, providing this point is not above the invert of other pipes entering the manhole. The base shall have a minimum diameter of 8 inches greater than the outside diameter of the finished manhole barrel. 2. Invert. The invert of the manhole shall be hand placed and shaped using a grout mixture consisting of two parts masonry sand and one part Portland cement. The base and barrel of the manhole shall be thoroughly cleaned prior to placement of the invert. The invert shall be shaped and smoothed so that the manhole will be self- cleaning and free of areas where solids may be deposited as sewage flows through the manhole. In all cases, except where the sewer pipe can be laid continuously through the manhole, the entire a The low pressure air test shall be conducted by plugging each opening in the reach of pipe to be tested. All plugs shall be braced against slippage due to internal pressure': ,One of the plugs provided must have an inlet tap or other provision for connecting an air hose. After the air control equipment is connected to the air hose, the air pressure shall be monitored so that the internal pressure does not ex- ceed 5.0 psig. After reaching 4.0 psig, the air supply shall,.be throttled to maintain between 4.0 and 3.5 psig for at least two minutes in order to allow -equilibrium between air temperature and the pipe walls. During this time, all plugs shall be checked to detect any leakage. If plugs are found to. leak, the air shall be bled off, the plugs tightened, and air supplied again. After the temperature has stabilized, the pressure should be allowed to decrease from 3.5 psig to 2.5 psig. If the time required for the pressure drop is greater than that shown in the table below, the pipe shall be presumed free of defects. PIPE SIZE MINIMUM TIME (MINUTES) 6 Inch 3.0 8 Inch 4.0 10 Inch 5.0 12 Inch 5.5 15 Inch 7.5 18 Inch 8.5 21 Inch 10.0 24 Inch 11.5 30 Inch 14.5 If by use of the above procedure a faulty section of line is found, that section of line shall be. tested at 20 foot intervals to determine the exact location of the leakage. If a section of piping is found to be leaking the exact source of the leak shall be determined, a repair made, and the entire section re -tested. The Contractor shall make the necessary arrangements and pro- vide necessary pipe plugs and equipment required for testing. All sewer pipe as shown on the Plans will be measured and paid for as pipe. The quantity of sewer pipe shall be determined by measurement along the top of the pipe as laid from center -to -center of manholes. Depth of pipe will be measured from flow line of pipe to existing ground elevation. II -8 CROSSING AND PARALLELING EXISTING UTILITY LINES: In some instances the pipe will be installed under, alongside and over existing utility services. Much of the time these will be difficult to locate, and in some instances impractical to locate. The Contractor shall be responsible for locating and protecting such services. The Trenches shall be backfilled with fine, loose earth free from clods or stones larger than two (2) inches in any dimension, and of proper moisture content. This selected material shall be carefully deposited by hand in layers not to exceed four (4) inches in thickness on both sides of the pipe and thoroughly and carefully rammed around the pipe until the backfill has been brought up to the springline of the pipe. The backfill shall then continue without tamping but with same material, placed by hand, to a point at least twelve (12) inches above the top of the pipe. If the excavation is not suitable for this purpose, as determined by the Engineer, then SB-2 shall be used for this operation. The remainder of the backfill may then be backfilled by any approved method which will not injure or disturb the pipe. Trenches outside the public right of way will be neatly graded up and left slightly "over -full" so that subsequent settlement will leave the route level with the surrounding terrain. Trench on public property shall be filled and refilled as necessary to provide a smooth, well graded appearance. All backfill shall be settled and consolidated until further settlement will not occur. It is the intent of this Specification that the Contractor shall be responsible for settlement of backfill in all work covered herein. He shall refill trenches as often as necessary to bring them back to original grade, and during that period settlement is occuring shall refill them often enough to avoid hazardous conditions or inconven- ience. All excavated material which is unsuitable, or not needed for backfill shall be wasted or disposed of to the satisfaction of the Engineer. Surfaces shall be cleaned up, all hummocks and piles smoothed down and the surface left neat and workmanlike. Where existing drainage ditches are disturbed or obstructed with excavated material, such material shall be entirely removed and the ditch left true to original line and grade. Street shoulders shall be restored to their original contours. All roadways and driveways shall be backfilled with SB-2 and temporarily repaved with cold mix asphalt. The roadway or driveway shall then be replaced as called for elsewhere in these specifications. The attention of the Contractor is called to a separate Section in these Specifications concerning crossing lawns. SB-2 shall be measured and paid for as subgrade material at the unit contract price given in the Proposal. The cost of all other work described in this section shall be included in the unit contract price for the installation of pipe and shall not be paid for separately. Water for flooding trenches shall be furnished free of charge by the City of Fayetteville. ,. G bottom of pipe to top of fill; length of fill will be as directed by the Engineer. The volume "occupied by<th'e pipe will be subtracted from the toal volume of the ditch filled with SB-2. No payment will be made for SB-2 used as bedding. Excavation for manholes and other accessories shall be sufficient to leave at least twelve (12) inches in the clear between their outer surfaces and the embankment or timber which may be used to•protect them. The excavation of trenches shall not advance more than four hundred (400) feet ahead of the completed pipe work and backfill, except by permission of the Engineer. II -4 EXCAVATION - CLASSIFICATION AND PAYMENT: All excavation shall be classed as common excavation. The cost of common excavation is included in the unit prices for handling and installation of sewer pipe at the various depths. II -5 BLASTING: Blasting will be permitted only when proper precautions are taken for the protection of persons, the work, and adjacent property; and any damage done to the work or property by blasting shall be repaired by the Contractor at the Contractor's expense. All operations involving the procurement, handling, use, and storage of explosives shall be in full compliance with applicable State and Federal statutes and regulations. Blasting will be done only after securing written permission from the City Engineers' office. Proof of blasting insurance will be required before written permission is given the Contractor. The Contractor shall be liable for all injuries or deaths to persons or damage to property caused by blasts or explosions. The attention of the Contractor is called to Section 9 of the General Conditions of the Specifications entitled "Insurance". The cost of all work under this Section shall be included in the Contract unit price for laying sewer pipe and will not be paid for separately. I1-6 BACKFILLING: All trenches shall be backfilled immediately after the pipe is laid using methods that will not disturb the pipe. Material used for backfilling shall consist of the excavation or borrow of sand, gravel or other material approved by the Engineer, and shall be free of trash, lumber and other debris. and the remainder of the excavation shall be done by the pipe layer immediately prior to installing the pipe, using the final excavation to firm up on each side of the pipe previously laid. The bottom of the trench shall be generally shaped to fit the outside surface of the pipe in such a manner that the pipe will be in continuous contact with and have a longitudinal bearing on soil for the full length of the pipe except for such distance as it is necessary for bell holes and the proper sealing of the pipe joints. The pipe subgrade shall be accurately graded prior to excavating bell holes. The accuracy of the finished grade of the pipe shall be obtained in preparation of the subgrade. A bell hole for each joint shall be excavated by the pipe layer immediately prior to placing the pipe in the trench. Bell holes shall be of such depth that the pipe bell will not come in contact with the bottom of the bell hole. All trenches shall be so graded that the spigot end of the pipe will be accurately centered in the adjacent pipe bell when laid, without raising or lowering the pipe after installation in the trench. If the soil at the bottom of the trench is mucky or in such condition that it cannot be properly shaped and graded, or if the sub - grade material is too soft to properly support the pipe, the Contractor shall excavate below the normal subgrade elevation as directed by the Engineer. Wherever excavation is carried below the specified subgrade, at the direction of the Engineer, the Contractor shall provide and install a fill of gravel thoroughly tamped into place up to an elevation sufficient to prepare the subgrade as specified in the preceding paragraph. Where water occurs in trenches, they shall be excavated to a depth of approximately four (4) inches below grade and backfilled with SB-2 to a point approximately 1/10 of the internal pipe diameter or two inches, whichever is the greater, below grade. Pumps shall then be kept operating, taking suction out of a sump below the gravel so as to hold the water level well below the bottoms of all bells until the joints have been placed and allowed to set sufficiently so that water will not injure them. Where rock or other hard material occurs in the trench at the planned grade of the bottom of the pipe in such way that any portion of the pipe would rest on rock or hard material or where in the opinion of the Engineer it is necessary, all rock shall be removed to provide a clearance of at least 6 inches below and on each side of all pipe, valves, and fittings for pipe sizes 24 inches or smaller and 9 inches for pipe sizes 30 inches and larger. The trench shall then be refilled with gravel, thoroughly compacted to a point approximately 1/10 the nominal pipe diameter, or two inches, whichever is the greater, above grade and the bottom of the trench shall be graded as previously specified. The Contractor will be required to keep the sides of the excavation vertical, unless otherwise directed by the Engineer. Payment for SB-2 Used as Subgrade: When SB-2 must be used as backfill material, the width of trench to be used for payment will be 24". An average depth will be measured from DETAILED SPECIFICATIONS PART II - CONSTRUCTION SPECIFICATIONS II -1 PLANNING AND EXECUTION OF THE WORK: The construction work included under these specifications shall be so planned and executed that the various portions of the work will be carried on concurrently and the whole completed within the time allowed. I1-2 EXCAVATION - GENERAL: All excavation shall be carried accurately to the line and grade shown on the Plans and/or established by the Engineer. When excavation is carried below or beyond that required, the space shall be filled with compacted SB-2. No claim for additional compensation shall be made for such backfilling of excess excavation unless the Contracting Authority or its agent is responsible for the error. When necessary to protect the laborers, the work, or adjacent property, the Contractor shall provide and install shoring. Such shoring shall remain in place until the backfill has proceded to the point where it can be safely removed, except that if in the opinion of the City Engineer damage is liable to result from withdrawing shoring, it shall remain in place. 1I-3 EXCAVATION - TRENCH FOR SEWER LINES: All excavation for sewer lines shall be carried accurately to line and grade. The bottom must be flat and smooth to receive pipe to provide support for full length of pipe, except for bell holes. Any or all undercut must be filled to a smooth grade with SB-2 compacted in place. Shoring shall be installed as required to protect laborers or ad- jacent property. Shoring must remain, in place until ditch is backfilled to a point to relieve danger which required shoring. The Contractor is to leave shoring in place as directed by the Engineer. Trenches for the sanitary sewer must be excavated to the depth, line and grade as set by the Engineer, wide enough to properly install pipe, but not to exceed diameter of pipe plus two (2) feet. Except where special bedding is required and except as specified herein, rough excavation for sewer and drains shall not be carried lower than a distance equal to 1/10 of the nominal pipe diameter or two inches, whichever is the greater, above the specified trench grade elevation, I-5 STAKING OUT WORK: The Engineer for each Schedule will furnish labor to act as rodmen, chainmen, and to perform all other duties required to assist the Engineer in staking out the work for construction and for measurements to determine quantities of pipe installed. The Contrac- tor shall not be required to furnish any labor for this purpose. I-6 QUALITY OF THE PLANS: The plans have been made with care but cannot be assumed to be correct in every detail when many of the conditions to be encountered are not shown on existing maps and are underground. The approximate location of existing underground water, gas, and telephone lines are shown. The placing of this information on the plans in no way obligates the Owner as to its correctness, as it is indicative only and is placed there for the information and assistance of the Contractor. It is the expressed intent of these Plans and Specifications that the Contractor is to make his own investigation of conditions to be encountered, including rock and underground water, and the submission of the Proposal by the Contractor for the work constitutes his compliance with this requirement. DETAILED SPECIFICATIONS PART I- CONTRACT STIPULATIONS I-1 SPECIFICATIONS: These detailed specifications are drawn with the -object of securing first class workmanship and materials throughout the work embraced in this contract, and of securing completed structures properly and well constructed with regard to all local conditions. 1-2 EXTENT OF WORK: It is mutually agreed and understood that the contractor will furnish all tools, labor, equipment, materials, and supplies required to be furnished, and will construct complete all work shown on the Plans and in these Specifications. . Work consists of: Approximately 2120 feet of 6" V.C.P. sewerline and 7 manholes Furnish all labor and materials required to be furnished to construct the sewerline being bid. 1-3 LIST OF PLANS: The Plans are bound separate from the specifications and are generally titled MILLER ADDITION SEWER EXTENSION DESCRIPTION SHEET NO. Vicinity Map I Plans 2 Standard Details 3 I-4 LANDS AND RIGHTS -OF -WAY: The Owner will provide all permanent easements or permits actually required for the construction of. the work in all Schedules.. The Contractor shall lease, buy, or make satisfactory provisions, without obligation to the Owner, for all other temporary land easements or rights -of -way which he may require for access or storage of materials or equipment. r. personnel from requiring reasonable safety standards, if, in the course of their technical supervision, it comes to the attention of the Engineer that reasonable safety standards are not being carried out. When the above grounds are removed, payment shall be made for amounts withheld because of them. 3O. SHOP AND ERECTION DRAWINGS:, The Contractor shall furnish the Engineer with triplicate copies of all shop and erection drawings for approval. These drawings shall include the drawings prepared on structural and reinforcing steel, special layout drawings of equipment or machinery purchased under this Contract, and other supplementary drawings required in the prosecution of the work. One copy shall be returned to the Contractor and two copies retained by the Engineer for field and office reference. The approval of such drawings by the Engineer does not constitute an acceptance of responsibility of their accuracy. 31. LABORATORY TESTS: All material entering into the work is subject to various tests as may be required by the specifications. The cost of all such tests shall be the responsibility of the Contractor furnishing such material. The Contractor shall also bear the cost of any tests arising out of his desire to use materials which may be questionable in the opinion of the Engineer. 32. DRINKING WATER AND SANITARY FACILITIES: The Contractor shall provide safe drinking water for his workmen during the construction period. The water shall be delivered through a spigot, angle jet fountain, or other approved device. Common drinking cups will be prohibited.. The Contractor shall furnish adequate sanitary facilities for workmen in the work area during the construction period. 33. CONSTRUCTION SAFETY: Throughout these specifications, whenever engineering decisions are to be made to ensure adequate construction in accordance with the plans and specifications, such inspection and engineering decisions are not to be construed as supervision of the Contractors' work force, nor make the Engineer responsible for providing a safe place for the performance of the work by the Contractor or the Contractors' employees or those of the suppliers, his subcontractors, nor for access, visits, use., work, travel, or occupance by any person, as these responsi- bilities are covered under the provisions of the contract, the Contractors insurance and performance bond and cannot be the responsi- bility of the Engineer. The above provision does not prevent the Engineer or his The making and acceptance of the final payment shall constitute a waiver of all claims by the Contracting Authority, other than those arising from incomplete or uncorrected work, unsettled liens, or from faulty workmanship or materials, and of all claims by the Contractor, except those previously made and still unsettled. If the work has been partially but substantially completed to the extent that all adjustments in the Contract sum may be made, the Engineer may, if material delay in completion is anticipated or if otherwise deemed in the interest of the work, make the final estimate, retaining, in addition to other requirements which may be specified under payments, an amount representing the cost of unfinished work. Such payment shall be under the terms and conditions governing final payment. Neither the making of the final estimate, or final payment, shall relieve the Contractor of his responsibility for faulty materials or workmanship, and he shall remedy any defects and pay for any damage resulting therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner shall give notice of observed defects with reasonable promptness, and all questions arising under this paragraph shall be decided by the Engineer. 29. PAYMENTS TO CONTRACTOR: The Engineer will on or about the Twentieth (20th) day of each month make an estimate of the work done. As soon thereafter as possible, and as soon as the Contractor has filed receipted bills showing that he has paid the previous month's bills, the Contractor will be paid seventy (70) percent of the value of work in place, plus ten (10) percent for that portion of the work accepted for beneficial occupancy, plus (20) percent of the value of work that has been properly cleaned up, plus fifty (50) percent of the value of the materials on the job site but not in place (figured from the Contractors paid invoices), minus amounts previously paid. A final estimate will be made following the final inspection as provided under paragraph 28, after which time and within a period of forty (40) days, the Contractor will be paid the full amount of the contract price, less amounts previously paid. Payment will be made only for the actual quantities installed. The Contracting Authority may withhold or, on account of sub- sequently discovered evidence, nullify the whole or part of any certificates to such extent as may be necessary to protect the Contracting Authority from loss on account of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Failure of the Contractor to make payments properly to sub- contractor or for material or labor, (d) Damage to another Contractor, (e) Incomplete work. 26. REFERENCE TO MANUFACTURER OR TRADE NAMES: Whenever a:material, article or'piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in. the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Engineers' written approval. 27. USE OF COMPLETED PORTIONS: The Contracting Authority shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work on such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use of completed portions increases the cost of, or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. The Contracting Authority, in taking possession of completed portions, shall agree to accept the decision of the Engineer, on matters relating to responsibility for damages that may occur to any portion of the work during the period of possession preceding acceptance and final payment. 28. ACCEPTANCE AND FINAL PAYMENT: As soon as the work has been substantially and satisfactorily completed, the Engineer will make a final estimate stating that the work provided for under this Contract has been completed and is accepted by him under the terms and conditions thereof, with qualifications, if any, as stated. If certain parts of the work are not completed or if certain corrections must be made in the work even though the work is substantially completed, the Engineer is authorized to determine the amount which in his opinion is required for completion and/or correction of the work, and such amount may be withheld from the final payment to the Contractor, pending the completion and correction as required. The balance found to be due the Contractor shall be paid by the Contracting authority within forty (40) days after the date of the final estimate. Prior to filing for final estimates, the Contractor shall file with the Engineer a receipt in full from each manufacturer, subcontractor, dealer and supplier for all equipment and material used on the work and a complete release of all liens which may have arisen from this Contract. In lieu thereof, the Contractor shall file statements showing balance due or claimed on all accounts and the Contracting Authority shall have the right, if it so elects, to withhold sufficient money to pay such balances until receipts in full or satisfactory evidence of final determination are filed with the Engineer who may then make the final estimate. Each party may submit to the arbitrators such evidence and arguments as he may desire and the arbitrators may consider pertinent. The arbitrators shall, however, be the judges of all matters of law and fact relating to both the subject matters of and the procedure during arbitration and shall not be bound by technical rules of law or procedure. They may hear evidence in whatever form they desire. The parties may be represented before them by such persons as each may select, subject to the discipli- nary power of the arbitrators if such representative shall interfere with the orderly or speedy conduct of the proceedings. Each party, and the Engineer, shall supply the arbitrators with such papers and information as they demand, or with any witness whose move- ments are subject to their respective control, and upon refusal or neglect to comply with such demands, the arbitrator may render their decision without the evidence which might have been solicited therefrom, and the absence of such evidence shall afford no ground for challenge of the award by the party refusing or neglecting to comply with such demand. The submission to arbitration (the statement of the matters in dispute between the parties to be passed upon by the arbitrators) shall be writing duly acknowledged before a notary. Unless waived in writing by both parties to the arbitration, the arbitrators, before hearing testimony, shall be sworn by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding. The arbitrators, if they deem the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall consider proper for the time, expense, and trouble incident to the arbitration, and if the arbitration was demanded without reasonable cause, damages for delay, and other losses. The award of the arbitrators shall be in writing and acknowledged like a deed to be recorded, and a duplicate shall be delivered personally or by registered mail forthwith upon its rendition, to each of the parties to the controversy and to the Engineer. Judgement may be rendered upon the award by the Federal Court or by the highest State Court having juris- diction to render same. The award of the arbitrators shall not be open to obiection on account of the form of the oroceedinas or the award, unless otherwise provided by the controlling statutes. In the event of such statutes pro- viding on any matter covered by this Article otherwise than as herein - before specified, the method of procedure throughout and the legal effect of the award shall be wholly in accord with said statutes, it being the intention hereby to lay down a principle of action to be followed, leaving its local application to be adapted to the legal requirements of the jurisdiction having authority over the arbitration. The Engineer shall not be deemed a party to the dispute. He is given the right to appear before the arbitrators to explain the basis of his decision and give evidence as they may require. which statement shall be in the hands of the Engineer within such time as will allow a full consideration of the'basisfor such claim, and in no case later than fifteen (15) days after the work has been completed or damages sustained. The Contractor shall furnish, if required, any accounts, bills, or vouchers relating thereto. Unless such claims are made as re- wired, they shall be considered forfeited and invalid. The Contracting Authority reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages for anticipated profits on any portion of the work to be omitted. 25. ARBITRATION: (a) Demand for Arbitration. Any decision of the Engineer which is subject to arbitration shall be submitted to arbitration upon the demand of either party to the dispute. The Contractor shall not cause a delay of the work because of the pendency of arbitration proceedings, except with the written permission -of the Engineer, and then only until the arbitrators shall have any oppor- tunity to determine whether or not the work shall continue until they decide the matters in dispute. The demand for arbitration shall be delivered Engineer and the adverse party, either personally or by the last known address of each, within ten (10) days of Engineer's decision, and in no case after final payment If the Engineer fails to make a decision within a reaso for arbitration may be made as if his decision had been the demanding party. in writing to the registered mail to. the receipt of the has been accepted. fable time, a demand rendered against (b) Arbitrators. No one shall be nominated or act as an arbitra- tor who is in any way financially interested in this Contract or in the business affairs of the Contracting Authority, or the Contractor, or the Engineer, or otherwise connected with any of them. Each Arbitrator shall be a person in general familiar with the work or the problem involved in the dispute submitted to arbitration. Unless otherwise provided by controlling statutes, the parties may agree upon one arbitrator; otherwise there shall be three, one named in writing by each party to this Contract, to the other party, and the third chosen by those two arbitrators. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding in respect to both the matter submitted to and the procedure followed during the arbitration. Such decision shall be a condition precedent to any right of legal action. (c) Arbitration Procedure. The arbitrators shall deliver a written notice to each of the parties and to the Engineer, either personally or by registered mail to the last known address of each, of the time and place for the beginning of the hearing of the matters submitted to them. he shall within ten (10) days from the beginning of such delay notify the Engineer in writing of the causes of any such delay. Extensions of time, with relief from responsibility for liquidated damages incurred by the Contracting Authority on account of such delay, will be granted the Contractor, when, in the opinion of the Engineer, the causes so called to his attention warrant such extensions of time. No claims for delay will be considered unless such notice has been filed with the Engineer within the time specified above. The Contractor will be required to furnish the Engineer two copies of each purchase order for materials and equipment as they are issued. If the Contractor shall seek an extension of time because of delay in receiving delivery of critical materials, such extension of time may be granted when, in the opinion of the Engineer, the extension is warranted and the delay is in no way caused by the Contractor's financial status or by any act or failure to act on the part of the Contractor. Failure to get items of material or equipment not essential to the completion of those portions of the work, which, in the opinion of the Engineer requires supervision by an Engineer, shall not be deemed justification for waiver of liquidated damages, however, even though such delays are beyond the Contractor's control, and even though such items of material or equipment may be essential to the actual placing in operation of a portion of all of the project. When such items of materials or equipment are delayed for reasons beyond the Contractor's control, he shall complete all other work within the specified construction period. Extensions of time, without relief from responsibility for liqui- dated damages incurred by the Contracting Authority on account of delays, may be granted the Contractor on account of his failure to complete the work within the time specified. 24. ADDITIONAL, OMITTED, OR CHANGED WORK: The Contracting Authority, without invalidating the Contract may order additional work to be done in connection with the Contract or may alter or deduct from the work, the Contract sum to be adjusted accordingly. Additional work shall be done as ordered in writing by the Engineer, which order shall state the location, character, and amount of extra work. All such work shall be executed under the conditions of the original contract and subject to the same inspection and tests as though therein included. Compensation for additional, omitted, or changed work shall be adjusted as follows: Any changes in quantities of work for which unit prices are required in the Proposal shall be at and for the price bid. Work for which prices are not required shall be paid for or deducted, as the case may be, upon the basis of an estimate prepared by the Contractor and approved by the Engineer, prior to the written order changing the quantity of work. If the Contractor claims compensation for additional work not ordered as aforesaid, or for claims of damages sustained, he shall make a written statement of claims for compensation or damages to the Engineer, Pending settlement of the Engineer may suspend action Contractor shall not be..entitle reason of such delay, nor shall although such extension of time deems it in the interest of the disputes on any point of controversy, on all or any'part of the work. The I to any claim for loss or damage by he be entitled to extension of time, may be granted by the Engineer if he work. 21. TERMINATION FOR BREACH: In the event that any of the provisions of this Contract are violated by the Contractor or by any of his Subcontractors, the Contracting Authority may serve written notice upon the Contractor and the Surety of its intention to terminate such Contract, such notices to contain the reasons for such intentions to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor such violation shall cease and satisfactory. arrangements for correction by made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Contracting Authority shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to such Surety of notice of termination, the Contracting Authority may take over the work and prosecute the samet:to'completion by contract for the account and at the expense. of the Contractor, and the Contractor and his Surety shall be liable to the Contracting Authority for any excess cost occasioned the Contracting Authority thereby, and in such event the Contracting Authority may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefor. 22. PAYMENTS WITHHELD: The Contracting Authority may withhold or, on accout of subsequently discovered evidence, nullify the whole or part of any certificate to such extent as may be necessary to protect the Contract- ing Authority from loss on account of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Failure of the Contractor to make payments properly to Subcontractor or for material or labor, (d) Damage to another Contractor, (e) Incomplete work When the above grounds are removed, payment shall be made for amounts withheld because of them. 23. DELAYS AND EXTENSIONS OF TIME: If, at any time, the Contractor considers he is being delayed by an act or neglect of the Contracting Authority or its employees, or by any other Contractor employed by the Contracting Authority, or by any changes or additions ordered in the work, or for any reason beyond his control, Whatever work being done by the Contracting Authority's forces or by any other Contractor is contiguous to work covered by this Contract, the respective rights of the various interest involved shall be established by the Engineer, in order to secure the completion of the various portions of the work in general harmony. 18. SUSPENSION OF WORK: The Contracting Authority may at any time suspend the work or any part thereof by civina ten (10) day's notice to the Contractor in writing; the work shall be resumed by the Contractor ten (10) days after the date fixed in a written notice from the Contracting Authority to the Contractor to do so. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Contracting Authority does not give notice in writing to the Contractor to resume work at a date within twenty (20) days of the date fixed in the written notice to suspend, except in the case of litigation, then the Contractor may abandon that portion of the work so suspended, and he will be entitled to the estimates and payments for all work done on the portions so abandoned, if any. 19. THE CONTRACTING AUTHORITY'S RIGHT TO DO WORK: If the Contractor should neglect to presecute the work properly or fail to perform any provision of this Contract, the Contracting Authority after three (3) day's written notice to the Contractor may without prejudice to any other remedy it may have, make good such deficiencies, and may de- duct the cost thereof from payments then or thereafter due the Contractor. 20. THE CONTRACTING AUTHORITY'S RIGHT TO TERMINATE CONTRACT: If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should refuse or should fail, except in case for which extension of time is provided to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to Subcontractors or for material or labor, or desregard laws, ordinances, or the instructions of the Engineer, or other- wise be guilty of a substantial violation of any provision of the Contract, then the Contracting Authority, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor ten (10) day's written notice, terminate the employment of the Contractor as provided under Paragraph 21, immediately following. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expenses shall exceed such unpaid balance, the Contractor shall pay the difference to the Contracting Authority. The expense incurred by the Contracting Authority as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. The Contractor shall provide and maintain all passageways, guard fences, lights or other.- facilitiesfor safety and protection required by any public authority or local conditions. The Contractor assumes entire responsibility and liability for any third party claims and actions based upon or arising out of injuries, including death to persons or damage to or destruction of property, sus - tamed or alleged to have been sustained in connection with or to have arisen out of or incidental to the performance of this contract by the Contractor, his agents and employees and his subcontractor, their agents and employees, regardless of whether such claims or actions are founded in whole or in part upon alleged negligence of the Contracting Authority, Contracting Authority's representatives or the Engineer, or the employees, agents or licensees thereof. The Contractor shall indemnify and hold harmless the Contracting Authority and its representatives and the Engineer and his representatives in respect to any such matters. 15. LEGAL RESTRICTIONS AND PERMITS: The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature, and shall give due and adequate notices to those in control of all properties which may be affected by his operations. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities will be provided by the Contracting Authority unless otherwise specified. The Contractor must obtain per- mission from the Contracting Authority or other proper authority before blockading any roads or highways, and shall furnish all necessary barricades and detour signs. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn or specified. 16, ASSIGNMENTS: No assignment by the Contractor of the contract, or any part there- of, or of the funds to be received thereunder by the Contractor, will be recognized unless such assignment has had the written approval of the Con- tracting Authority, and the Surety has been given due notice of the assign- ment in writing. No assignment, transfer, or subletting, even though consented to, shall relieve the Contractor of his liabilities under this Contract. Should any Assignee fail to perform the work undertaken by him in a satisfactory manner, the Contracting Authority may, at its option, annul and terminate Assignee's contract. 17. OTHER CONTRACTS: The Contracting Authority reserves the right to let other contracts in connection with this work. The Contractor shallafford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. . The inspector shall in no case act as foreman or perform other duties for the Contractor, nor interfere with the management of the work by the latter. Any advice which the inspector may give the Contractor shall in no wise be construed as binding to the Engineer in any way or releasing the Contractor from fulfilling all the terms of the Contract. All condemned work shall be promptly taken out and replaced by satisfactory work. Should the Contractor fail or refuse to comply with instructions in this respect, the Contracting Authority may, upon certifi- cation by the Engineer, withhold payment or proceed to terminate the contract as provided herein. Any defective work may be rejected by the Engineer at any time before final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. 12. WORKMANSHIP AND The Contractor shall keep on this work, during progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the service of all workmen, mechanics, tradesmen, and other employees necessary in the execution of the work contemplated herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who is disorderly, intemperate, or in- competent, or who neglects. or refuses to perform his work in a satisfactory manner, shall be promptly discharged. It is particularly called to the Contractor's attention that only first-class workmanship will be acceptable. 13. POSITION, GRADIENT, AND ALIGNMENT: The Engineer shall set such stakes to proper line and grade as may be necessary for guidance of the Contractor in the proper performance of the work, and all work must conform closely to the lines and grades given. It shall be the duty of the Contractor and his employees to call the Engineer's attention to any stakes which may have been disturbed or which seem to be off line or grade. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless desruction, he shall be charged with the resulting expense and shall be responsible for any mis- takes that may be caused by their unnecessary disturbance or loss. 14. PROTECTION OF WORK, PROPERTY, AND PERSONS AND CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: The Contractor shall adequately protect the work, the Contracting Authority's property, adjacent property and the public from injury, damage or loss arising in connection with the contract or the work. 9. INSURANCE: The Contractor shall maintain"such insurance as will protect him from claims under workmen'scompensation acts and other employee benefits and from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of operations or the work, whether such operations be by himself or by any subcontractor or any- one directly or indirectly employed by either of them. The insurance shall be written in companies authorized to do and doing business in Arkansas and for not less than the following limits: Comprehensive General Public Liability with bodily injury limits of $ 100,000 and $ 300,000 and property damage limits of $ 50,000; A Comprehensive Automobile Liability (owned, hired and non -owned Vehicles) with bodily injury limits of $ 100,000 and $ 300,000 and property damage limit of $ 50,000 for each accident; Standard Workmen's Compensation and Employer's Liability covering with statutory limits; Contractual liability insurance with bodily injury limits of $ 100,000 and $ 300,000 and property damage limits of $ 50,000. Certificates of such insurance shall be filed with the Engineer before work commences under any contract or subcontract. 10. ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights, and shall save the Contracting Authority from loss on account thereof. 11. INSPECTION: The detailed manner and method of performing the work shall be under the direction and control of the Contractor, but all work done shall at all times be subject to the inspection of the Engineer or his authorized representative to see that it is done in accordance with the Contract Documents. Inspectors may be appointed by the Engineer or Contracting Authority and their duty shall be to guard the Contracting Authority against defects and deficiencies in the work and to see that the work is done in accordance with the Contract Documents. Inspectors shall have authority, subject to the final decision of the Engineer, to condemn and reject any defective work and to suspend the work when it is not being done properly, but the responsibility for the work and compliance with the Contract Documents and all applicable laws, rules and regulations shall be the Contractor's. Inspectors shall have no authority to permit any deviation from the Plans and Specifications except on written order from the Engineer, and the Contractor will be liable for any deviation except on such written order. 7. THE ENGINEER: The Contracting Authority contemplates and the Contractor shall permit and make possible a thorough inspection by the Engineer of all work and materials furnished under the Contract Documents. The Contractor shall perform the work to the satisfaction of the Engineer. No work shall be performed by the Contractor without the knowledge and approval of the Engineer. The Contractor shall be an "independent contractor" with full power and authority to select the means, methods and manner of performing the work, being responsible to the Contracting Authority for all materials delivered and the results contracted for. The authority of any represen- tative of the Contracting Authority of the Engineer is limited to such determinations concerning the interpretation and performance of the Contract Documents. The failure of any representative of the Contracting Authority or of the Engineer to condemn or reject work or materials, or otherwise to exercise any function entrusted to him, shall not excuse the Contractor from the faithful performance of this Contract, nor shall such action imply any acceptance by the Contracting Authority or by the Engineer of faulty work or materials. The Engineer shall, within a reasonable time after presentation, make decisions in writing on claims arising between the Contracting Authority and the Contractor and shall make interpretations of plans and specifications. 8. BOND: Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the amount of ninety-five (95) percent of the contract -sum, guaranteeing the faithful performance of all covenants, stipulations, and agreements of the Contract, the payment of all bills and obligations arising from the execution and performance of the Contract, and guaranteeing the work against faulty workmanship and materils during construction and for one year after completion, all provisions of the bond to be complete and in full accordance with the statutory require- ments. The bond shall be executed with the proper Sureties through a company licensed and qualified to operate in the State and approved by the Con- tracting Authority. If at any time during the continuance of the Contract, the Surety on the Contractor's bond becomes irresponsible, the Contracting Authority shall have the right to require additional sufficient Sureties which the Contractor shall furnish to the satisfaction of the Contracting Authority within ten (10) days after the notice to do so. In default, thereof, the Contract may be suspended, and all payments or money due the Contractor withheld. The bond must be filed with the Circuit Clerk of the County in which the work is to be performed before any work under the Contract is performed. A form of this bond is attached hereto and made a part of these Specifications. The Contract Documents are complimentary, and what is called for by one shall be as binding as if called forty all. The intention of the Documents is to include all tools, labor, equipment, materials and supplies necessary for the proper execution of the work. Materials or work described in words which so applied have a well-known Technical or Trade meaning shall be held to refer to such recognized meaning. _ The following copies of the executed Contract Documents will be provided: One for the Contracting Authority, One for the successful Bidder, One for the Engineer, One for the Surety, One for filing with the Circuit Clerk in the County where the Work is to be performed. 5. SUBCONTRACTS: The Contractor shall, as soon as practicable after the signing of the Contract, submit to the Engineer, in writing, the names of any Sub- contractors he proposes for any part of the work. The Engineer's approval must be secured, in writing, on all Sub- contracts before they are made and signed. The Contractor shall be held fully responsible to the Contracting Authority and the Engineer for the acts and Omissions of his Subcontractors and of the persons directly or indirectly employed by his Subcontractors. Nothing contained in these Specifications or in the Contract Documents shall create any contractual relation between any Subcontractor and the Contracting Authority. . 6. THE CONTRACTOR: It is understood and agreed that the Contractor has satisfied him' - self as to the nature and location of the work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent, or employee of the Contracting Authority or Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. GENERAL CONDITIONS OF THE SPECIFICATIONS 1. GENERAL DESCRIPTION: The work embraced in these Contract Documents consists of the following: MILLER ADDITION SEWER EXTENSION 2. DEFINITION OF TERMS: Wherever in these Documents the following terms are used, they are understood to have the following meanings: "OWNER" or "CONTRACTING AUTHORITY" shall mean the City of Fayetteville, Arkansas. "ENGINEERS" or "ENGINEER" shall mean the City Engineer, Fayetteville, Arkansas, City Administration Building, 115 South Church Street (P.O. Drawer "F"), Fayetteville, Arkansas. "CONTRACTOR" shall mean the individual, partnership, or corporation that may have entered into the contract with the Contracting Authority to perform the work specified herein. "WORK" shall mean the furnishing of all necessary tools, labor, equipment, materials, and supplies required to be furnished by the Contractor under these Specifications. 3. LAWS AND REGULATIONS: All work shall be done in conformity with the laws of the State of Arkansas, and any subdivision thereof, municipal and local laws and ordinances, and all applicable federal statutes, laws or regulations. No convict labor shall be employed on this project. 4. CONTRACT DOCUMENTS: The "Advertisement for Bids", the "Proposal", the "Bond" the "Instructions to Bidders", the "General Conditions", the "Detailed Specifications", and the "Plans", are each and all of the Specifications component parts to the agreements governing the work to be done and the materials and equipment to be furnished. ii 10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS: If this contract is less than,$,,20,000.00 the following exception applies: The Contract or is not required to be licensed under the terms of Act 150 or the 1965 Acts of the General Assembly. 11. TIME OF COMPLETION AND . LIQUIDATED DAMAGES: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 30 consecutive calendar days thereafter. 12. NOTICE OF SPECIAL CONDITIONS: Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. (d) Special equipment which the Contractor must use on. the job. 13. SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed under this contract, the Contractor shall: 1. Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America., the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36,. No. 75, Saturday, April 17, 1971. 2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 3. Maintain at his office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctors care of persons (including employyees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for the removal of injured persons to a hospital or a doctors care. (i) The unbalancing of bids will not be tolerated. Evidence of material unbalancing will be considered cause for rejection. 5. MODIFICATION OF BIDS: No modification of bids already submitted will be considered unless such modifications are received prior to the hour set for opening. 6. BID BONDS, CONTRACT BONDS, AND INSURANCE: Attention of bidders is called to Act 82 of the 1935 Acts of the Arkansas General Assembly, which requires that all bid bonds, performance bonds, labor bonds, employer's liability insurance, public liability insurance, workmen's collective insurance, and property damage insurance must be secured through resident agents of Arkansas. 7. CLARIFICATION OF CONTRACT DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans, Specifications, or other proposed Contract Documents, he may submit to the Engineer a written request for any interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed Documents will be made only by an Addendum duly issued, and a copy of such Addendum will be mailed to each person who has previously secured or who subsequently secures a set of Documents. The Contracting Authority will not be responsible for any other explanations or interpretations of the proposed Documents. S. EXECUTION OF CONTRACT DOCUMENTS: Following the award and within ten (10) days, provided for in the Proposal, the successful bidder shall properly execute five (5) counterparts of the Contract Documents. 9. BASIS OF AWARD: Bids will be considered on the basis of the total bid price or prices given in the Proposal. In the event Unit Prices are required they will not be considered except that evidence of serious unbalancing of the Unit Prices shall be considered cause for rejection of bids. The Contract(s) will be awarded to the bidder (or bidders in the case of more than one Schedule of Work) submitting the lowest and best bid (or combination of bids), considering the contractor's experience and ability to do the work, and the character and quality of the equipment he proposes to furnish. The Contracting Authority reserves the right to select such bids or combination of bids which in its opinion would serve its interest best. The Contracting Authority reserves the right to select between any Alternatives in the Proposal. i3 T Checks of unsuccessful bidders will be returned immediately after a contract has been executed. 4. PROPOSALS: (a) Proposals shall be strictly in accord with the prescribed forms, furnished with the Specifications. Any modifications or deviations therefrom may be considered sufficient cause for rejection. (b) The bidder shall state in words and figures the lump sum and unit prices for which he proposes to do each item of work covered by the Proposal. In case words and figures do not agree, the words shall govern and the figures shall be disregarded. (c) It is to be understood that the lump sum required in the Proposal is for the furnishing of all materials required to be furnished and the doing of all work required under these Contract Documents, including items for which no quantities are given, and the quantities given in the "List of Variable Quantities" at the end of the Proposal. The "Unit Prices for Variation of Quantities" required are for adjustment of the "Basic Bid" by reason of variation of actual variable quantities from the quantities given in the "List of Variable Quantities". In case unit prices are not required, it is to be understood that the lump sum required in the Proposal is for the furnishing of all materials required to be furnished and the doing of all work required under these Contract Documents. (d) Proposals may be submitted for any or all Schedules, if more than one Schedule is included in the work, but bidders submitting a proposal for a "construction" Schedule must submit a proposal •for any other Schedule of work incident thereto, such as "Electrical" and "Plumbing". Where a bidder bids on more than one Schedule and desires to accept the proposal, but any reservation on the part of the bidder to make a decision on what Schedules he will accept after bids are opened will render the bid null and void. (e) Proposals must be signed, in writing, by an individual authorized to bind the bidder. (f) Proposals must be submitted complete, with all other Contract Documents in their original binding as furnished by the Engineer. They must be submitted at the place and on or before the time specified in the Advertisement for Bids. (g) Proposals must be submitted in sealed envelopes addressed to the Contracting authority, and clearly marked on the outside of the envelope, "Proposal for Construction Contract" to be opened at (date and time). The Bidder's current Arkansas Contractor's license number must be marked on the envelope. (h) The Contracting Authority will not consider bids covering only a portion of these Specifications. INSTRUCTIONS TO BIDDERS 1. QUALIFICATIONS OF CONTRACTORS: Before submitting a bid, bidders must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas General Assembly, and the successful bidder must be legally qualified in all respects to do business in the State of Arkansas. When called upon to do so after receipt of Proposals, bidder shall prepare a Financial Statement, Experience Record, and Equipment Schedule. These statements shall reflect the current status of the bidder. The statements of each bidder must show net liquid assets or credit facilities in an amount of not less than fifteen (15) percent of the total amount bid. Each bidder must ha -e had at least three (3) year's experience in construction of similar improvements and must have successfully completed at least three (3) such projects. Each bidder must have equipment available which, in the opinion of the Engineer, is adequate to complete the work under these Specifications in the time allowed for completion. Should any bids be received from bidders whose statement, when filed, fail to show that the bidder's qualifications meet the minimum requirements above -enumerated, such bids may be rejected. 2. LOCAL CONDITIONS: Bidders shall read the Specifications, examine the Plans, and make their own estimates of the existing facilities and the difficulties which will attend the execution of the work called for by the proposed Contract, including local conditions, uncertainty of weather, and all other contingencies. Bidders shall satisfy themselves by personal examination of the location of the proposed work, and by such means as they may choose, as to actual conditions and requirements. Information derived from the Plans and Specifications or from the Engineer or his assistants shall not relieve the bidder of this responsibility. 3. PROPOSAL GUARANTEES: Proposals must be accompanied by either a certified or cashier's check, drawn on a National Bank or a bank having membership in the Federal Reserve System, or a Bid Bond executed by a satisfactory Surety. The proposal guarantee shall be in an amount not less than five (5) percent of the bid and made payable to the Contracting Authority to whom the Proposal is made. A lesser amount will not be accepted. The proposal guarantee, or other bid qualifications, shall be sealed in a separate envelope firmly attached to the outside of the sealed Proposal. The outer envelope shall be opened first, and if the documents are not found to be in order, the sealed Proposal shall be returned to the bidder unopened. The amount of any check or bond shall be retained by the Contracting Authority as liquidated damages in case the bidder neglects or refuses to enter into a contract and to furnish the required contract bond within ten (10) days after the prescribed contract and bond forms are presented for signature. be a Surety Company of financial resources satisfactory to the Party of the First Part, and authorized to do business in the State of Arkansas. 5. The Party of the Second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workmen's, Compensation Insurance in amounts as required by these Specifications. WITNESS OUR HANDS THIS 4 / DAY OF G112;1 / , l%. CITY OF FAYETTEVILLE Mayor of Fayette ille, Arkansas WITNESS: (l2�Laei 2 SEAL (if any) DON MITCHELL, INCORPORATED fj� CONNT RRA CCCTORBy YI[yG6( (�� r /N'��% L&t NAME AND TITLE 883 White Oak Drive, Roaers, Arkansas 72756 BUSINESS ADDRESS Affix Corporate Seal here (if any) CONTRACT AGREEMENT 1. This Contract and Agreement, mz 21st day of April , 19 83 , Fayetteville, Arkansas, Party of the First duly authorized representative, and Don 883 White Oak Drive, Roqers, Arkansas License No. 82-3120 Party of the Second Part: WITNESSETH: ide and entered into this by and between the City of Part, acting through its' Mitchell, Incorporated 72756 That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools, labor, equipment, materials, and supplies required to be furnished and to construct the improvements designated as Miller Addition Sewer Extension for the City of Fayetteville, Arkansas, in exact accordance with the Plans on file at the office of the Party of the First Part, and Specifications, Proposals, Stipulations, and Special Provisions attached hereto and made a part hereof as fully as though copied herein, under the direct supervision and to the entire satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas. 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final compensation for all work done under this agreement, the unit prices named in the Proposal which is hereto attached, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 3. The Party of the Second Part agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposal. if the Party of the Second Part shall fail to complete the work in the time specified, he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the amount specified in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted from the final amount to be paid under the contract, provided that extensions of time with waiver of liquidated damages may be granted as provided for in the Specifications. 4. The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Contract, as required by the laws of the State of Arkansas, and for not less than one hundred (100) percent of the amount of this contract. Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the Water and Sewer Department for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials for a period of one (1) year after completion. The Surety on said Bond shall NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, a Partnership, or an individual, as case may be (3) Correct name of Surety (4) Correct name of Owner (5) If Contractor is Partnership, all partners shall execute bond (6) This bond must be filed with the Circuit Court of the County where the work is to be performed, prior to the start of const- ruction (7) Must be executed by Arkansas Local Resident Agency for Surety The Surety agrees the terms of this bond shall cover the payment by the principal of not less than the prevailing hourly rate of wages as determined by the Arkansas Department of Labor or U. S. Secretary of Labor, whichever is greater, to all workmen performing work under the contract. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alternation, or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract as to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each of which shall be deemed an original, this day of 19 ATTEST: (PRINCIPAL) SECRETARY (PRINCIPAL) (TITLE) (SEAL) (ADDRESS) WITNESS AS TO PRINCIPAL (SURETY) BY ADDRESS ATTEST: SECRETARY (SURETY) (SEAL) WITNESS AS TO ATTORNEY -IN -FACT ADDRESS ATTORNEY -IN -FACT ADDRESS ARKANSAS PERFORMANCE AND PAYMENT BOND (14-604 Arkansas Statutes) KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) , hereinafter called "Principal" and (3) firmly bound unto (4) of , State of hereinafter called the "Surety", are held and hereinafter called "Owner" in the penal sum of dollars ($ ), in lawful money of the United States, for the payment of which sum well and truly to be made, said principals and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , 19 , a copy of which is attached and made a part hereof for the construction of: NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agree- ment of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing material for or performing labor in the prosecution of the work provided for in such contract, any any authorized extension or modification thereof, all amounts due for, but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivisions thereof which shall have arisen on account of, or in connection with, the wages earned by workmen covered by the bond; and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. ** Unit prices to be shown in words and figures. In case of discrepancy amount shown in words will govern. The above unit prices shall include all labor, materials, bailing, shoring, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of Sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within ten (10) days and deliver the Surety Bond or Bonds as required by Pa�T•agraph 8 of the General Cond}tions./ The bid security attached in the sum of 4 ,, YA4f1L_ t 95h pp,& is to become the property of the Owner in the event the contr t and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respe tfully Submitte t� Ear By DO Aa1O /;;:. SEAL - if bid is by a corporation D, vt (Bu4iAess Address and Zip Code) ITEM ESTIMATED QUANTITY UNIT** NO. AND DESCRIPTION PRICE TOTAL 1) 1425 L.F. of 6" V.L.P. . c≤ ? f ; I 0-6' depth Dollars $ 2) 565 L.F. of 6" V.C.P. 4.4+11 soao 6'-8'depth Dollars $ 7 s° $ i 3) 40 L.F. o" 6" V.C.P. 8'-10' depth Dollars S 72q- $ J/� P° 4) 90 L.F. of 6" V.C.P. f ht< 3°iao 10'-12' depth DO'lars $ 717°° 5) 40 vertical feet of manhole oSe.�L.T �e.iV (5 manholes 0-6', Dolla (2 manholes 6'-8' $ 7S $ 6) 75 C.Y. of SB-2 /Vim f ioP for Roadway Backfill & Bedding if needed Dollars $ 9OO $ -V 60 7) 2 C.Y. of Class "B" Concrete c,1r4 f/ice for pipe encasement Dol rs $ TOTAL $ PROPOSAL FOR SCHEDULE I (A UNIT PRICE CONTRACT) Place e///e��P✓J�/e �� /L Date 7,4n/) ,¢�(/>/ 7 / ) /983 Proposal of n� 7 , %At4' /4 c a corporation* organized and existing under the laws of the State of Hn�an5s and qualified to do business in the State of Arkansas; a Partnership* consisting of an Individual* trading as TO THE CITY OF FAYETTEVILLE, ARKANSAS: The bidder in compliance with your invitation for bids for the construction of Miller Addition Sewer Extension having examined the Plans and Specifications with related documents and the site of the pro- posed work, and being familiar with all the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all labor, material, and supplies required to be furnished, and to construct the project in accordance with the Contract Documents, and at the unit prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specified in a written "Word Order" of the Engineer, and to fully complete the project within 30 consecutive calendar days. Bidder acknowledges receipt of the following addenda: /4O17 * Fill out applicable blank I