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HomeMy WebLinkAbout70-85 RESOLUTIONRESOLUTION M. 70-85 A RESOLUTION AUTHORIZING THE MAYOR AND CITY (T,FRK TO EXECUTE A CONTRACT WITH DON MITCHELL CONSTRUCTION COMPANY FOR INSTALLATION OF A SIX INCH WATER LINE ALONG SASSAFRAS HILL ROAD. 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 Construction Company for the installation of a six inch water line along Sassafras Hill Road at a total cost of $7,470.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16th day of a R »Clerk /2g; APPROVED By:C;V July Mayor 1985. demi/ • .8 SPECIFICATIONS FOR SASSAFRAS HILL ROAD - WATERLINE EXTENSION • WORK ORDER ,# 2747 May 1985 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS CITY ENGINEERS' OFFICE EXHIBIT A INDEX ADVERTISEMENT FOR BIDS BID BOND PROPOSAL FOR SCHEDULE I 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. (Owner) Separate sealed bids for will be received by at the office of until o'clock (A.M.-P.M. S.T. D.S.T.) 19, and then at said office publicly opened and read aloud. The Information for Bidders, Form of Bid, Forza of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined at the following: Copies may be obtained at the office of located atupon payment of $ 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 $ 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) • BID BOND • KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto ' as owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of 19 The condition of the above obligation is such that whereas the Principal has submitted to certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW THEREFOR, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a.bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid. • then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exbeed the penal amount of the obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such aid; and said Surety does hereby waive notice of any such extension. • a • IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal Surety SEAL BY: Proposal of PROPOSAL FOR SCHEDULE I (A UNIT PRICE CONTRACT) Place Date i n n - Jv Ir/z /// n : a corporation* organized and existing under the laws of the State of jL!3,.q; 4. , and qualified to do business in the State of Arkansas; a Partnership* consisting of an Individual* trading as TO THE CITY OF FAYErn.VILS', ARKANSAS: The bidder in compliance with your invitation for bids for the construction of SASSAFRAS HILL ROAD - WATERLINE 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 "Work Order" of the Engineer, and to fully complete the project within 20 consecutive calendar days. Bidder acknowledges receipt of the following addenda: * Fill out applicable blank 4 ITEM ESTIMATED QUANTITY UNIT** N0. - AND DESCRIPTION .1) 715 L.F. of 6" A.C. Water pipe Class 200 W/Tracing Wire (Bedding SB -2 included) 2) 1 ea 6" Gate Valve W/Box 3) 1 ea 2" Gate Valve W/Box 4) 1 ea 6" X 4" Tee in place 5) 1 ea 4" X 2" Reducer in place 6) 1 ea 6" Solid Plug in place 7) 10 Cubic Yard Solid Rock Excavation PRICE TOTAL f5 r Dollars 74 cZ ile47/ 4CAV Dollars $ • Dollars $ /2fl Ct Dollars frezd�o $ 4-prm 7-h�y7 all��rs vc $fC 0 iota/ d 707°° ** 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 Paragraph 8 of the General Conditions. The bid security attached in the sum of is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. SEAL - if bid is by a corporation Respectfully Submitted: By Derik /41 j-r±'JI:1 C afra 283 Idle. ale Dr c 727a (Businers Address and Zip Code) ARKANSAS PERFORMANCE AND PAYMENT BOND (14-604 Arkansas Statutes). KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) (3) firmly bound unto (4) hereinafter called "Principal" and 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 mac^inery, equipment and tools consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, prerrium 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 toremain 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, this instrument is executed in six (6) counterparts, each of which shall be deemed an original, this day of , 19 . ATTEST: SECRETARY (PRINCIPAL) (SEAL) (PRINCIPAL) BY (TITLE) (ADDRESS) WITNESS AS TO PRINCIPAL (SURETY) BY -ADDRESS ATTORNEY-IN-FACT ATTEST: ADDRESS SECRETARY (SURETY) (SEAL) WITNESS AS TO ATTORNEx'-±N-FACT ADDRESS NOTE: Date of Bond must not be prior to date of Contract. (1) (2) (3) (4) (5) (6) (7) • Correct name of Contractor A Corporation, a Partnership, or an individual, as case may be Correct name of Surety Correct name of Owner If Contractor is Partnership, all partners shall execute bond 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 Must be executed by Arkansas Local Resident Agency for Surety • • • • CONTRACT AGREEMENT 1. This Contract. and Agreement, made and .entered into this 16th day of Jay , 1985 , by and between the City of Fayetteville, Arkansas, party of the First Pait, acting through its' duly authorized representative, and Don Mitchell. Inc. • • Party of the Second Part: WITNESSETH: 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 Sassafras Hill Road - Waterline Extension for the City of Fayetteville, Arkansas, in exact accordance withthe 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 na,;ure 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. Time is expressly made of the essence of this contract. 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 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 30th DAY OF July CITY OF FAYETTEVILLE , 19 85 . SEAL (if any) fl/ ] /21/1k4:14/ CONTRACTOR By WITNESS: Affix Corporate Sea r (if any) • Far NAME AND TITL 1323 bele. c, a,c Dn s . r1Z75� BUSYNESS ADDRESS INSTRUCTIONS TO BIDDERS 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. 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 sun 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 submittinara 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. (i) The unbalancing of bids will not be tolerated. Evidence of material unbalancing will be considered cause for rejection. 4 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 secdred or who subsequently secures a set of Documents: The Contracting Authority will not be responsible for any other.explanatibns or interpretations of the proposed Documents. 8. 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. BASIS OF AWARD: Bids will be considered on the basis of the total bid price or prices given in the Proposal. In the event Unit Prices are required they will not be considered except that evidence of serious unbalancing of the Unit Prices shall be considered cause for rejection of bids. The Contract(s) will be awarded to the bidder (or bidders in the case of more than one Schedule of Work) submitting the lowest and best bid (or combination of bids), considering the Contractor's experience and ability to do the work, and the character and quality of the equipment he proposes to furnish. The Contracting Authority reserves the right to select such bids or'combination of bids which in its opinion would serve its interest best. The Contracting Authority reserves the right to select between any Alternatives in the Proposal. 14 10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS: If this contract is less than $ 20,000.00 the following exception applies: The Contract or is not required to be licensed under the terms of Act 150 or the 1965 Acts of the General Assembly. 11. TIME OF COMPLETION AND LIOUIDATED 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 20 consecutive calendar days thereafter. Liquidated damages will be $ 50.00 per day. 12. NOTICE OF SPECIAL CONDITIONS: Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. (d) Special equipment which the Contractor must use on the job. 13. SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed under this contract, the Contractor shall: 1. Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36, No. 75, Saturday, April 17, 1971. 2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 3. Maintain at his office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctors care of persons (including employees), .who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for the removal of injured persons to a_ hospital or a doctors care. 15 • GENERAL CONDITIONS OF THE SPECIFICATIONS 1. - GENERAL DESCRIPTION: The work embraced in these Contract Documents consists of the following: SASSAFRAS HILL ROAD - WATERLINE EXTENSION 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, 107 West Mountain 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: A11 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. s. No convict labor shall be employed on this project. CONTRACT DOCUMENTS : The "Advertisement for Bids", the "Proposal", the "Bond" the "Instructions to Bidders", the "General Conditions", the "Detailed Specifications", and the "Plans", are each and all of the Specifications component parts to the agreements governing the work to be done. and the materials and equipment to be furnished. - 16 • The Contract Documents are complimentary, and what is called for by one shall be as binding as if called for by all. The intention of the Documents is to include all tools,. labor,: equipment, materials and supplies necessary for the proper execution of the work. Materials or work described in words which so applied have a well-known Technical or Trade meaning shall be held to refer to such recognized meaning. The following copies of the executed Contract Documents will be provided: One for the Contracting Authority, I 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. 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. x` 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. 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 imoly 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. 's i•` 8. BOND: - - Coincident with the execution of the Contract, the Contractor shall furnishea 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. 13 9. INSURANCE: The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and other employee benefits and from claims for damages because of bodily injury, including death, and from claims for damages to property which nay arise out of operations or the work, whether such operations be by himself or by any subcontractor or any- one directly or indirectly employed by either of them. The insurance shall be written in companies authorized to do and doing business in Arkansas and for not less than the following limits: Comprehensive General Public Liability with bodily injury limits of $ 100,000 and $ 300,000 and property damage limits of $ 50,000; Comprehensive Automobile Liability (owned, hired and non -owned Vehicles) with bodily injury limits of $ 100,000 and $ 300,000 and property damage limit of $ 50,000 for each accident; Standard Workmen's Compensation and Employer's Liability covering with statutory limits; Contractual liability insurance with bodily injury limits of $ 100,000 and $ 300,000 and property damage limits of $ 50,000. Certificates of such insurance shall be filed with before work commences under any contract or subcontract. 10. ROYM.TIES AND PATENTS: the Engineer 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 andto suspend the work when it is not being done properly, but the responsibility for the work and compliance with the Contract Documents and all applicable laws, rules and regulations shall be the Contractor's. Inspectors shall have no authority to permit any deviation from the Plans and specifications except on written order from the Engineer, and the Contractor will be liable for any deviation except on such written order. 19 The inspector shall in no case act as foreman or perform other duties for the contractor, nor interfere with the management of the work by the latter. Any advice which the inspector may give the Contractor shall in no wise be construed as binding to the Engineer in any way or releasing the Contractor from fulfilling all the terms of the Contract. All condemned work shall be promptly taken out and replaced by satisfactory work. Should the Contractor fail or refuse to comply with instructions in this respect, the Contracting Authority may, upon certifi- cation by the Engineer, withhold payment or proceed to terminate the contract as provided herein. Any defective work may be rejected by the Engineer at any time before final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. 12. WORXMANSHIP AND SUPERINTENDENCE: The Contractor shall keep on this work, during progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the service of all workmen, mechanics, tradesmen, and other' employees necessary in the execution of the work contemplated herein. The employees of the Contractor shall be competent and willing to perform satisfactorily.t`re't work required of them. Any employee who is disorderly, intemperate, or in- competent, or who neglects or refuses to perform his work in a satisfactory manner, shall be promptly discharged. It is particularly called to the Contractor's attention that only first-class workmanship will be acceptable. 13. POSITION, GRADIENT, AND ALIG?ThENT: 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 COiNTR;CTOR'S P?SPO3SIEIL.ITY FOR DAiAGE CLAIMS: .,The Contractor shall adequately protect the work, the Contracting Authority's property, adjacent property and the public from injury, damage or loss arising in connection with the contract or the work. 20 . I. ♦ f - F �.. .. a. Yom The Contractor shall provide and maintain all passageways, guard fences, lights or other facilities for safety and protection required by any public authority or local conditions. The Contractor assumes entire responsibility and liability for any third party claims and actions based upon or arising out of injuries, including death to persons or damage to or destruction of property, sus- tained or alleged to!have been sustained in connection with or to have arisen out of or incidental to the performance of this contract by the Contractor, his agents and employees and his subcontractor, their agents and employees, regardless of whether such claims or actions are founded in whole or in part upon alleged negligence of the Contracting Authority, Contracting Authority's representatives or the Engineer, or the employees, agents or licensees thereof. The Contractor shall indemnify and hold harmless the Contracting Authority and its representatives and the Engineer and his representatives in respect to any such matters. 15. LEGAL RESTRICTIONS AND PEPIIITS: 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. ASS IGN!•iT..NTS: 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 CONTACTS The Contracting Authority reserves the right to let other contracts in connection with this work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. 21 F- a 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: II The Contracting Authority may at any time suspend the work or any part thereof by 4ivina-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'ae- ' 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. Pending settlement of disputes on any point of controversy, • the Engineer may suspend action on all or any part of the work.. The Contractor shall not be entitled to any claim for loss or damage by -reason of such delay, nor shall he be entitled to extension of time, although such extension of time may be granted by the Engineer if he deems it in the interest of the work. • 21. TERi4INATION 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 sametto: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 -a" 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 r:v:T,NSIONS 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, NK 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 forliqui- s,.:- dated damages incurred by the Contracting Authority on account of delays, may be granted the Contractor on account of his failuLe 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, 24 which statement shall be in the hands of the Engineer within such time as will allow a full consideration of the basis for such claim, and in no case later than fifteen (15) days after the work has been completed or damages sustained. The Contractor shall furnish, if required, any accounts, bills, or vouchers relating thereto. Unless such claims are made as re- ruired, they shall be considered forfeited and invalid. The Contracting person or firm other than Contractor's attention is entitled to no claim for the work to be omitted. 25. ARBITRATION: Authority reserves the right to contract with any the Contractor for any or all extra work. The especially called to the fact that he shall be iamages for anticipated profits on any portion of (a) Demand for Arbitration. Any decision of the Engineer which is subject to arbitration shall be submitted to arbitration upon the demand of either party to the dispute. The Contractor shall not cause a delay of the work because of the pendency of arbitration proceedings, except with the written permission of the Engineer, and then only until the arbitrators shall have any oppor- tunity to determine whether or not the work shall continue until they decide the matters in dispute. The demand for arbitration shall be delivered in writing to the Engineer and the adverse party, either personally or by registered mail to the last known address of each, within ten (10) days u_' the receipt of the Engineer's decision, and in no case after final payment has been accepted. If the Engineer fails to make a decision within a reasonable time, a demand for arbitration may be made as if his decision had been rendered against the demanding party. (b) Arbitrators. No one shall be nominated or act as an arbitra- tor who is in any way financially interested in this Contract or in the business affairs of the Contracting Authority, or the Contractor, or the Engineer, or otherwise connected with any of them. Each Arbitrator shall be a person in general familiar with the work or the problem involved in the dispute submitted to arbitration. Unless otherwise provided by controlling statutes, the parties may agree upon one arbitrator; otherwise there shall be three, one named in writing by each party to this Contract, to the other party, and the third chosen by those two arbitrators. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding in respect to both the matter submitted to and -the procedure followed during the arbitration. Such decision shall be a condition precedent to any right of legal action. (c) Arbitration Procedure. The arbitrators shall deliver a written notice to each of the parties and to the Engineer, either personally or by registered mail to the last known address of each, of the time and place for the beginning of the hearing of -the matters submitted to them. 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 a_knowledged before a notary. Unless waived in writing by both parties to the arbitration, the arbitrators, before hearing testimony, shall be sworn by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding. The arbitrators, if they deem the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall consider proper for the time, expense, and trouble incident to the arbitration, and if the arbitration was demanded without reasonable cause, damages for delay, and other losses. The award of the arbitrators shall be in writing and acknowledged like a deed to be recorded, and a duplicate shall be delivered personally or by registered mail forthwith upon its rendition, to each of the parties to the controversy and to the Engineer. Judgement may be rendered upon the award by the Federal Court or by the highest State Court having juris- diction to render same. The award of the arbitrators shall not be open to objection on account of the form of the proceedings or the award, unless otherwise provided by the controlling statutes. In the event of such statutes pro- viding on any matter covered by this Article otherwise than as herein - before specified, the method of procedure throughout and the legal effect of the award shall be wholly in accord with said statutes, it being the intention hereby to lay down a principle of action to be followed, leaving its local application to be adapted to the legal requirements of the jurisdiction having authority over the arbitration. The Engineer shall not be deemed a party to the dispute. He is given the right to appear before the arbitrators to explain the basis of his decision and give evidence as they may require. ' 26. REFERENCE TO MANUFACTURER OR TRADE NAMES: Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names,'trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by, the. general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Engineers' written approval. 27. USE OF COMPLETED PORTIONS: The Contracting Authority shall have the right, to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work on such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not.completed in accordance with the Contract Documents. If such prior use of completed portions increases the cost of, or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. The Contracting Authority, in taking possession of completed portions, shall agree to accept the decision of the Engineer, on matters relating to responsibility for damages that may occur to any portion of the work during the period of possession preceding acceptance and final payment. - 28. ACCEPTANCE AND FINAL PAYMENT: As soon as the work has been substantially and satisfactorily completed, the Engineer will make a final estimate stating that the work provided for under this Contract has been completed and is accepted by hint 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. .. J ♦ :.y -..:, .:.ice ma.. . rd. $'l♦�.T i'. "� S' In(• .. tea- 'Y 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. A '. .- 4Y ) as n... ..i .gyp"- + • I �.A l+c V.vy When the above grounds are removed, payment shall be made for amounts withheld because of them. 30. SHOP AND ERECTION DRAWINGS: The Contractor shall furnish the Engineer with triplicate copies of all shop and erection drawings for approval. These drawings shall include the drawings prepared on structural and reinforcing steel, special layout drawings of equipment or machinery purchased under this Contract, and other supplementary drawings required in the prosecution of the work. One copy shall be returned to the Contractor and two copies retained by the Engineer for field and office reference. The approval of such drawings by the Engineer does not constitute an acceptance of responsibility of their accuracy. 31'. LABORATORY TESTS: All material entering into, the work is subject to various tests as may be required by the specifications. The cost of all such tests shall be the responsibility of the Contractor furnishing such material. The Contractor out of his desire to use in opinion of the Engineer. 32.. DRINKING WATER shall also bear the cost of any tests arising sterials which may be questionable in the 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 4y L i • 1 I 1• V � 1I 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. a ,, •+. ♦; ){ l TY:• A. ♦ '1. i.P . /lk v. n wl ♦ bfl� .. J"♦ • 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. I-2 EXTENT OF WORK: It is mutually agreed and understood that the contractor will furnish all tools, labor, equipment, materials, and supplies required to be furnished, and will construct complete all work shown on the Plans and in these Specifications. The Work consists of: Furnish all labor and materials required to be furnished to construct the 6 inch A.C. Waterline approximately 715 feet in length. I-3 LIST OF PLANS: The Plans are bound separate from the specifications and are generally titled SASSAFRAS HILL ROAD - WATERLINE EXTENSION DESCRIPTION SHEET NO. Vicinity Nap NOT/APPLICABLE Water location for (SEE PLAN) Water Details 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. 31 • t i .i r .e'r ♦H -iit ^T'F .rte' Li[a .�R r.�y �k-2' i +l ,.i• c }"��^ � M ...n {iu `rr 2 !♦ � ESy . r 3. ..t'M r � a � ^� .� r �. �� • � _..i ' a !b/�v' y e _ ' fwd . r- 44` i�Y.Y _ fa n . STAKING OUT WORK: .1 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: 1 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. A J..-. a T� ' YT 4 . -x - s -e ' .. i - - �. DETAILED SPECIFICATIONS ,;" PART II -'CONSTRUCTION SPECIFICATIONS II -1 PLANNING AND EXECUTION OF THE WORK: The construction work included under these specifications shall be so planned and executed that the various portions of the .work will be carried on concurrently and the whole completed within the time allowed. Water main connections requiring shut -down of water service to users shall be coordinated through the City Engineer. 1I-2 EXCAVATION - GENERAL: All excavation shall be carried accurately to the line and grade shown on the Plans and established by the Engineer. When excavation is carried below or beyond that required, the space shall be filled 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 a point where it can be safely removed, except that, if in the opinion of the City Engineer da-nage"is liable to result from withdrawing shoring, it shall remain in place. , 1I-3 EXCAVATION - TRENCHES FOR WATER MAINS: Trenches for water lines shall be the width and depth necessary for the proper installation of the pipe. All pipe lines shall be laid in trenches of such depth as to provide a minimum cover of thirty-six inches over the top of pipe barrel unless otherwise shown on the Plans. Contractor shall increase depth as necessary for crossing other pipe lines and to provide required cover for valves and valve boxes. Trench will be deepened to the extent necessary so as not to exceed the maximum permissible deflection of the pipe being installed, with maximum permissible deflection being as recommended by the pipe manufacturer. • Width of pipe trench for all water lines shall be adequate for the installation of the pipe and make-up joints, but in no case shall the width of the trench at the top of the pipe be wider than the outside diameter of the pipe plus two (2) feet. The bottom of the trench shall be accurately graded so that the pipe will be in continuous and uniform contact with and have a longitudinal bearing on undisturbed soil for the full length of the pipe, except for such distance as necessary for adequate bell holes and proper sealing of the pipe joints. If the soil at the bottom of the trench is mucky or if the subgrade is too soft to properly support the pipe, the Contractor shall DS -3 i- r excavate below the lower extremity of the pipe as directed by the Engineer, and place a cushion of sand, gravel, or crushed stone thoroughly tamped into place to receive the pipe. Material used for this purpose shall be.SB-2. II -4 EXCAVATION RC IN TRENCHES: Rock excavation shall be defined as solid rock in formation which cannot be excavated efficiently by adequate power shovels or excavators of recognized standard manufacture in good condition and adequate size, well handled by skilled operators; and boulders or pieces of detached rock, which may be embedded in materials not classed as rock, exceeding ten (10) cubic feet in volume. The term "excavated efficiently" as used in this Specification shall mean that where formation rock can be excavated at a lower cost per cubic yard of useful excavation by blasting, barring, or wedging, it shall be so excavated and will be classified as rock. The Contractor's attention is called to the fact that a shale formation exists in Fayetteville that generally can be dug and, therefore this material will not be classified as rock except where it cannot be efficiently excavated as defined above. The volume of rock excavation shall be determined by the horizontal measurement of length of trench in which rock occurs, the vertical measurement of depth of rock and a width of "D". "D" shall be the nominal diameter of the pipe plus 15 inches, but not less than 24 inches. II -5 EXCAVATION - CLASSIFICATION, MEASUREMENT AND PAYMENT: All excavation not excavation. The volume of rock I1-4 of these Specifications. contract price given in the Pr classed as rock shall be classed as common excavation shall be determined per Section Rock excavation shall be paid for at the unit Dposal. The cost of all common excavation in trenches for water mains shall be included in the contract unit price for pipe and shall not be paid for separately. All rock excavation in trenches for water mains shall be measured and paid for as rock excavation. II -6 BLASTING: Blasting will be permitted only when proper precautions are taken for the protection of persons, the work, and adjacent property; and any damage done to the work or property by blasting shall be repaired by the Contractor at the Contractor's expense. All operations involving the procurement, handling, use, and storage of explosives shall be in full compliance with applicable State and Federal statutes and regulations. Blasting will be done only after securing written permission from the City Engineer's office. DS -4 ♦. aA. T . •kl }'t? ; lT 'y� N' ..' �. 5. . ',' .. : . '., .i, f- x Iv °J "v y�. SF a s c r ♦. � ._ _ . . J.A. 'M1 N. <�v F1 �Ri � �.. ' Y i f. The Contractor shall'be liable for all injuries or deaths to -persons -or damage to property, caused by blasts or explosions. The attention of the Contractor is called to Section 9 of the General Conditions of the Specifications entitled "Insurance". The cost of all work under this Section shall be included in the Contract unit,price for rock excavation and. Will not be paid for separately. II -7 BACKFILLING: All trenches shall be backfilled immediately after the pipe is laid using methods that will not disturb the pipe. Material used for backfilling shall consist of the excavation or borrow of sand, gravel, or other material approved by the Engineer, and shall be free of trash, lumber and other debris. After the pipework has been approved, trenches shall be backfilled with fine, loose earth free from clods or stones larger than three (3) inches in any dimension, and of proper moisture content. This selected material shall be carefully deposited by hand in layers not to exceed four (4) inches in thickness on both sides of the pipe and thoroughly and care- fully 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 (.1.2) inches above the top of the pipe. If the excavation is not suitablelfor 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 pro- perty shall be filled and refilled as necessary to provide a smooth, well - graded appearance. All backfill shall be settled and consolidated until fur- ther 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 occurring shall refill them often enough to avoid hazardous conditions or inconvenience. All excavated material which is unsuitable, or not needed for backfill shall be wasted or disposed of to the satisfaction of the Eng- ineer.; 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 up to the road surface. The roadway and driveway surface shall then be re- placed as called for elsewhere in these Specifications. DS -5 is ♦ ai ypf41. ,c Se4X 4c.T afx 4V9 ,4�-- SP YK y 5•�r s �� iM: • + .,{ • r • 9 a.. ' 1 h S 1'ii s Yi f a • V The attention of the contractor is called to a 'separate Section`in these specifications concerning crossing lawns. SB-2 shall be measured and paid for as subgrade material at the unit contract price given in the Proposal. The cost of all other work described in this section shall be included in the unit contract price for the installation of pipe and shall not be paid for separately. Water for flooding trenches shall be furnished free of charge by the City of Fayetteville. II -8 HANDLING AND LAYING C.I., D.I., AND A.C. PIPE: In the transportation, unloading, and handling -of cast and ductile iron pipe, the pipe shall not be dropped, let roll and collide with another pipe, or be subjected to any unnecessary jar, impact, or other treat- ment that might crack or otherwise damage the pipe. Before laying pipe in trench, the bottom of the trench shall be carefully graded and prepared and bell holes excavated so the pipe shall have a uniform support along its entire length, except at bell holes, and shall not be allowed to rest on hard supports through a portion of its length only. All pipe shall have at least 36 inches of cover, unless otherwise shown on the Plans. Deflections from a straight line or grade, as required.byv-erticai curves, horizontal curves, or offsets,shall not exceed 6/D inches per linear foot of pipe, where D represents the nominal diameter of the pipe expressed in inches, between the centerlines extended between any two connecting pipes. If the alignment requires deflections in excess of these limitations, special bends, or a sufficient number of shorter lengths of pipe shall be furnished to provide angular deflections within the limit set forth above, as approved by the Engineer. The inside of the pipe and all parts involved in jointing shall be cleaned of all dirt, mud, grease, and other foreign material before the pipe is laid or the joint started. Ends of pipe shall be temporarily plugged at the close of each day's work. In laying mechanical joint or 'push -on' joint pipe, the manufacturer's recommendations for securing good joints shall be rigidly followed. The laying of the pipe shall be done in accordance with AWWA C-600-77 for cast iron or AWSJA C-603-65 for asbestos cement water pipe. Adequate backing blocks of Class "B" concrete shall be provided at all.•points of unbalanced pressure, such as bends, tees, or wyes as shown on the Plans in such a manner that all joints between pipe and fittings are accessible for repair. Cast iron pipe shall be measured and paid for as Cast Iron Pipe for water mains at the appropriate unit contract price given in the Proposal. DS -6 It-ri .A i M {gv" may. _ .1. b 44:.: • ri7. �1�, >• v�5r •TT'JA4 ^� .'YxY [ a Class B' Concrete shall be measured as the actual amount placed -and paid for at the unit contract price as given in the Proposal. The cost of all other work required under this section shall be considered subsidiary to the laying of pipe or the placement of con- crete and shall be included in the appropriate unit price. 1I-9 CROSSING AND PARALLELING EXISTING UTILITY LINES: The construction of sewer lines will necessitate the crossing and paralleling of existing utility lines, including water mains and services and natural gas mains and services. The known locations of such utility mains are shown in their approximate position on the Plans, but utility service lines are not indicated on the Plans. The owners of the utility lines shall be notified before any crossing is made or other work initiated that may disturb a utility line or interrupt service to a customer. The Contractor is referred to that sec- tion of the General Conditions of these Specifications where the Contractor's responsibilities for utility crossings is stated. The cost of all work under this section will be included in appropriate contract unit prices, and none will be paid for separately. :II -10 CROSSING BURIED TELEPHONE CABLE: The location of buried telephone cable is shown approximately on the Plans as determined from telephone company markers indicating the location of the cable. The Contractor will exercise extreme caution in approaching the location of buried cable. Contractor shall notify the Southwestern Bell Telephone Company (Dial 4102 in Fayetteville) and wait until a represent- ative of the telephone company is on the job site to locate buried cables. The Contractor will not attempt to locate or uncover cable without a represent- ative of the telephone company present. The cost of all work under this Section will be included in appropriate contract unit prices, and none will be paid for separately. III -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 makinc 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. DS -7 n .Y- r ~ ', .\i i 1 .}w eYy51.2 nh{ �+ ::r !i x 0.. � i. 'Sa RI .F A! v • J . a .A x a ti'} -.a j' � .. .. J.a _ 44 ^�• fi. u' 1 J l • t \ j �M }L i" ti _ N)9 rf . F. '•. � �4.`l�♦d �� x =[� `` vV -. 'i4Y5{a :. ,\ ...' . ;_ •. . Backfill of trench lying within roadways shall be in r strict accordance with the applicable provisions as stated in Section I1-7 of these. Specifications. The condition of the backfill, with special regard to the degree of compaction, shall be checked and .approved by the Engineer before any surfacing is placed over the backfill. The replacement of special surfacing shall follow as soon ass practical after the completion of the backfilling operation so as to restore the roadway to its original condition and traffic capacity. if in the opinion of the. Engineer the replacement of surfacing is lagging, he may, at his discretion, stop the pipe laying operation until the replacement of surfacing proceeds in a satisfactory manner. Immediately prior to replacing asphalt or concrete pave- ment 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 con- crete pavement cut and replaced will be determined by the horizontal length of pavement actually cut and replaced measured along the centerline of the trench multiplied by a width of thirty-six (36) inches, except that where a width greater than thirty-six (36) inches is required and authorized by the Engineer, the actual width of pavement cut and replaced shall be used in determining the quantiy of pavement cut and replaced. In gravel surfaced streets or parking areas, the gravel will be disturbed in excavating for sewer trench. After the backfill has been so placed that no further appreciable settlement will occur, gravel surfacing shall be replaced to the same compacted thickness as the original surfacing. During construction operations, the gravel on the remainder of the street not occupied by the trench may be disturbed and covered with dirt from the excavation. After completion of the backfill, such dirt shall be removed as completely as possible and additional gravel placed on the street as directed by the Engineer until the street is satisfactorily restored to its original condition. Gravel surfacing cut and replaced will be measured and paid for as the cubic yards of gravel actually used in replacing such sur- facing.) 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 designed on the plans. After settlement has occurred, the disturbed areas shall be dressed out with three (3) to four (4) inches of top soil. The dressed out areas shall then be seeded with the appropriate grass or grass mixture. If lawns, bushes and small trees are likely to be dam- aged by the work, they shall be taken up ahead of construction. They shall DS -8 xI /. x �.:. F < w.r.i rl ' a. i r�Y,l v4 < Kai `4Y yc�e .` x1' [. iCr- w' Y rL Y r .- y a a r :ti av t V i e e x '.s,� r,y,,tm �'Y "; ^r:pfra at E 3'x: v. . �.. 6 be properly, protected until such time that they can be re -set. It is the intention -of this .specification that lawns. be, restored as closely as possible.to their original condition. The cost of all work under this section shall be included in the appropriate unit price for pipe and shall not be paid for separately. I1-13 TESTINGAND STERILIZING WATER MAINS: Water.mains shall be subject to 200 psi test as herein specified. All lines shall be backfilled and concrete backing installed at points of unbalanced pressure prior to. the initiation of any pressure test. Each valved section of the pipe lines as selected by the Engineer for test shall be slowly filled with water. Before applying the test pressure of 200 psi, all air shall be expelled from the pipe by blowing - off at fire hydrants. If necessary to properly expel air prior to test, Contractor will tap lines at high points with corporation stops. Each section of pipe line to be tested shall be subjected to 200 psi test pressure, based on the elevation of the lowest point in the line or section of line under test and corrected to the elevation of the test gauge. Duration of 200 psi test shall be for at least two (2) hours in all cases. Pressure shall be applied to the line by means of a pump, pipe connections, and all other necessary apparatus for applying pressure and measuring the resultant leakage from the line under test. All such apparatus shall be furnished by the Contractor. All necessary taps will be made by City forces at the expense of the Contractor. Pressure will be measured with gauges as furnished by the Engineer. While the pipe being tested is under pressure, it shall be walked to check for leakage appearing at the surface of the ground or from any. exposed valves or other appurtenances. In conjunction with the 200 psi pressure test, a leakage test shall be performed. Contractor shall provide necessary meter or pump- ing reservoir or other satisfactory means of determining the amount of water pumped into the line to sustain the specified test pressure of 200 psi. Leakage shall be defined as the_ quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain the specified leakage test pressure of 200 psi after the air in the pipe has been expelled and the line filled with water. Leakage shall be no more than that allowed by AWWA specifications. All pipe lines shall be checked for leaks and deficiencies, repaired, and retested if necessary until they pass the above specified leak- age test for the size and type of pipe installed. Even though pipe lines may pass the leakage test, any leaks apparent at the ground's surface, any leaking joints, fittings, or appurten- DS-9 •�.= E. [2 yf w. T}&;L : 'If O. n. . V ='9-M i� 1f ',Y YYff � M5 '� '..Yf x Yy .} .:%. l �:. {fy.. �w i t '�.. { � • • t y F ly r . f . V. L.' {. nµ{ .':P .."• 7. .+- . f f n ances'that are detected shall be repaired to the satisfaction of :the Engineer: All new water line extensions will be sterilzed.wi'th - chlorine before being accepted by the Owner and placed into service. Sodium or calcium hypochlorite (HTH) or chlorine gas may be used in such amounts as to provide a dosage of not less than 50 parts per million in the piping -being sterilized. The sterilizing agent may be introduced in any manner so as to provide uniform distribution along the pipe line. All in -line valves in water lines being sterilized shall be opened and closed several times during the sterilizing..period. Contractor will use extreme caution to be certain that strong sterilizing agent is not flushed back into any part of the water distribution in such a manner that it reaches water consumers. Following a contact period of at least 24 hours the heavily chlorinated sterilizing water shall be completely flushed from all pipes, and the pipes rinsed and thoroughly flushed with large quantities of clear water, Samples shall be taken from all water line extensions as directed by the Engineer and analyzed for bacterial purity by the State Department of Health. The sterilizing process shall be repeated as necessary until all samples indicate that the water is safe and approved by the State Department of Health. Resterilization of the water lines at the Contractor's expense shall be required if State Department of Health approval has not been received after three weeks of testing. Water for all sterilizing and testing operations will be furnished the Contractor by the Owner at no cost to the Contractor. The cost of all sterilizing and testing operations including pipe tips, sterilant, any temporary valves or caps, test pumping and"equipment, and all work incidental thereto will be included in the unit contract prices for pipe, and no separate payment will be made for testing and sterilizing water line extensions. 1I-14 CROSSING FENCES: The installation of lines will necessitate crossing several fences as shown on the Plans. Fences will be repaired by the Contractor so as to be equal or better than their original condition prior to construction; Before cutting fences, adequate horizontal bracing will be installed in the fence on each side of the cut so as to maintain the tension in the fence wire. Replacement of fence shall be in a workmanlike manner, and wire shall be stretched tight and adequately secured to posts by means of 1 inch fencing staples. If necessary to accomplish proper closure, the Contractor shall furnish and install new fencing, posts, wire, etc. to properly restore the fence. Mater- ials shall be of equal quality and size to those as originally installed. The Contractor shall be responsible for temporary fencing, gates, gaps, etc., as necessary to maintain fences in a stockproof condition during the construction of the pipe line until permanent fence repairs can be accomolished. He shall take all necessary precautions and will assume full responsibility to insure that livestock does not stray or gain entry to cropped areas or to public roads. The cost of fence repairs in all Schedules will be included in DS -10 . } •[ I .r i i �• ¢ VM . I'V V 4 •f YiT S ♦ O • T}i. i •A 1. n �'ilY +i Yl : iia . — - i ,�W. .�. 4 t -sr �vl�- ' �0 f[u. �. Y T' S'-`,: a3. x L' 'I r .. iU ' r l7 S k� _ A� ay.Y� the unit contract prices for pipe, and no separate paymentwill be made for crossing and repairing fences. .�` 4 II -l5 INSTALLATION OF FIRE.HYDRANTS: Fire hydrants shall be properly located with respect to property line and streets, and shall be set at proper elevation, truly plumbed and properly oriented. Hydrants shall be set upon a slab of stone or concrete four (4) inches thick and not less than fifteen (.15) inches square. Hydrants shall be backed with Class "B" concrete to prevent the hydrant from blowing off the lead. Hydrants shall be set with at least three (3) cubic feet of crushed stone or washed gravel at the base to serve as drainage. Fire hydrant extensions shall be used as necessary to bring fire hydrants up to grade. Fire hydrants will be measured as the unit installed, at the appropriate unit price as given in the Proposal. The cost of all other work under this Section will be included in the unit price for installation of fire hydrants and shall not be paid for separately. II -16 CONNECTION TO EXISTING WATER LINE: Connection to the existing water line shall be made at the location and in the manner shown on the Plans. When water service must be discontinued to make a tie-in, the Contractor shall notify all afaected customers 24 hours in advance and estimate the time required to restore service. The cost of all work associated with tying -in shall be included in the unit price for the installation of pipe and shall not be paid for separately. I1-17 INSTALLATION OF VALVES: All valves will be set with operating stems set in true vertical positions. Valve boxes shall be adjusted so that the cover conforms to the adjacent grade. All costs incidental to the installation of valves shall be included in the contract unit price for valves. II -18 CONCRETE: All concrete shall be composed of the materials described in Paragraphs 4,5,and 6, Part III, and shall be proportioned by weight in such manner as to obtain a plastic workable mix. All concrete shall be Class "B" as shown on the Plans. Class "B" concrete shall contain not more than seven (7) gallons of water to the sack of cement, including the water in the aggregates, and not less than five (5) sacks of cement per cubic yard of concrete, and DS -11 A r:;,n . gi .ti a 4 ?F� F'.aiw� F w3 . ;..` Y .. A J t A f .Y . ..''n R T... M n. ♦: v. xY }rn, _Y �r M1• S aTl a �� YIi1Y .n yam. _a A — r a y .FMY-.♦ t 'rf +....- .. a :fir .:.• wk ,, . i' c r� �. .. Aw rn j 1 t•.. have`aitYaenty-eight (28) day compressive strength of at least twenty -rive -' hundred;(2>00) pounds per squareinch. Concrete shail'be mixed ;n an approved mixer for not less than one and one-half (i2) minutes after all materials are in the drum and shall be deposited within thirty (30) minutes after mixing. Hand -mixed • concrete will not be allowed. In placing concrete, care shall be. taki.tha_ the rres:- ly placed mass is se 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. r The. cost of all work inthissection shall be included in the"unit contract price for Class"B" concrete and shall not be paid for separately. II -19 CLEANING UP: After the construction work is;completed, ail refuse and debris resulting from the work shall be cleaned up. and disposed of to the satisfaction of the Engineer. All excess excavation, waste concrete, piping, lumber, other refuse shall be removed from the site of the work and the site leveled, graded, and dressed up until it is neat, smooth, and workmanlike. It shall be specifically understood that the clean up operation .shall be maintained as closely as possible to the pipe laying operation. If, in the opinion of the Engineer, the clean up operation is not being maintained satisfactorily, he may interrupt the pipe laying oper- ation until such clean up is completed to his satisfaction.. The cost of all work under this section shall be included in the -lump sum contract price and will not be paid for separately. II -20 CLEARING: Clearing operaticns will be required in the execution of various portions of the work. - Clearing shall be no more than actually required for installation of the line. No indiscriminate destruction of trees will b_ tolerated. Within lawn areas, bushes and small trees will be taken up ar.d protected until construction is completed in the area. They shall then be re -set. No open burning will be allowed. All trees and brush will be hauled off to a disposal site approved by the Engineer. The cost of all work under this section shall be in- cluded in the appropriate unit cost for pipe and shall not be paid for _:._ • - DS -12 .. I � V- -.- ����.�^.ATV Imo.. �- V.. T' �Aa '•C Rn� ₹1 +} '-7f "• Ifs 4~' ivy / k }r Y Y }YX`I hs T 1v-}I}h RaYe to ^T ^. 3f i n ♦." 6 Y ry Z .2"'ryiYf l,$IFl} n° A �.$ °. _ q � i z A 4 T ♦ 9311 v. Y'F _ r H n1f •• YA I 'Rd'C: i.s Ttg.1i� of f�"/.`'v` �w -F r .r/-. cI. w g f f a^." ri4 �ir,Z ra n •i Cf•x? i T 4• `1wlY. c f f A^ bx },c f - s .._ it r� ° w�" MI^ � � �: Y' rise t� ��'-. I ' m t — T � � K • �w } I > separately. • The Contractor;.by personal inspection, should satisfy himself - on the exact amount of clearing that may be required. It 4 F3 DS -13 i�'�1 .�yy Pi � �e. 4s .l' : _` EE I.4., ;; �::;Y ti-. F', _� J f E T`.r k'+'r Y Y ♦ R.+p - n l k aY � ..C. .. G DETAILED SPECIFICATIONS - PART.III w MATERIAL SPECIFICATIONS a [ - • III -1 GENERAL: . All materials shall be in compliance with the latest - revisions of the ASA or AWWA Specifications noted. The Engineer retains the right to reject any materials or items not specifically covered in the Plans or Specifications. I. III -2 CAST IRON PIPE FOR WATER MAINS: Pipe shall be designed in accordance with ASAA 21.1-1967 /AWWA HI -67 using 21,000 psi bursting tensile strength and 45,000 psi modulus of rupture. Pipe shall be manufactured and tested in accordance with USAS A-21.8 or A 21.6. Minimum standards given below shall apply. NOMINAL SIZE 6" 8" Two and have a' -wall thickness - PIPE THICKNESS WALL - in.) CLASS THICKNESS (in.) 22 0.38 22 0.41 one quarter inch pipe shall be Class 250 and shall of 0.25 inch in accordance with ASA A21.12/AWWA C112. Fittings shall be designed in accordance with ASA A 21.10-1971 /AWWA C110-71. All fittings shall be Class 250 and shall be MJ. This mechanical joint shall conform in all respects to ANSI A21.11/AWWA C111. All pipe and fittings shall be bituminous coated outside and standard cement lining inside in accordance with AWWA C 104-74/ASA A21.4. Pipe shall have Type II (push -on) joints, except that 6" pipe for hydrant leads shall be MJ. Push -on joint and mechanical rubber gaskets shall conform to ANSI A21.11-1972/AWWA C111-72. 1II-3 . RETAINER GLANDS: Retainer glands shall be ductile iron. 1II-4 CONCRETE AGGREGATES: Fine aggregate shall consist of sand or other approved inert material with similar characteristics, having hard, strong, durable particles not more than one (1) percent by weight of clay lumps or three (3) percent by weigth of material removed by decantation. Mortar specimens made with the fine aggregate shall have a compressive strength at twenty eight (28) days of not less than ninety (90) percent of the strength of similar specimens made ith Ottawa sand having a fineness modulus of 2.40+0.10. Fine aggregate shall have a finehess 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. DS -14 • r V L -.- 1 iy V l✓+- i*•.E t- .5 i M i .. -.F 4 � A a Y S/• i•er:'T Ot � Y- i a � � Y •= F aS w T � .] � - [ � 1 1 v * 4Ec wane 1{�`i P .P. f ♦ i • ii � p S `F �� W _.b.•♦. A4 �• e • as �i ♦` rG .' f r 1 a� '' r w e .- S sy'•i [ � [ � .T _ _ �a n a '� •w • Nry • ♦.. � . Gradation shall fall within t}iefollowing .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 crusher dirt the maximum amount permitted may be increased to one and one-half (1M) percent by weight. Coarse aggregate may be either of two sizes, 1h inch and smaller or 3/4 inch and smaller, and shall be graded within the following requirements: PERCENT PASSING BY WEIGHT Maximum size mesh screen (sq. mesh) 97 - 100 Half -maximum size mesh screen (sq. mesh) 40 - 70 No. 4 Sieve 0 - 6 III -5 CEMENT: Portland cement shall conform to.the requirements of the Standard Specifications for Portland Cement, ASTM Designation C 150, Type 1. II Masonry cement shall conform to the requirements of the Standard Specifications for Masonry Cemetn, ASTM Designation C 91. IIi-6 WATER: Water for mixing concrete shall be clean and free from injurious amounts of oils, acids, alkalies, salt, organic matter, or other deleterious substances. Test specimens of mortar made from the materials and the water to be used shall develop not less than ninety-five (95) percent of the seven (7) day tensile or compressive strength of the same materials and distilled water. Ii 111-7 GATE VALVES: Gate valves shall be iron -bodied, bronze mounted, double disc wedging gate valve designed for a working pressure of 200 psi and a test pressure of 400 psi, and shall conform to specifications of the AWNA. Valves shall have O-ring seals and non -rising stems. Valve shall open left (counter- clockwise) and shall have mechanical joint ends. DS -15 j� ' a i4 -a ♦ �� ?iy{ , `+M X"}r t } N(u'i� c '..�♦ . Si ` b¢ x..n �-$ 'r1 "�-•.-r 14 1.4- h.M �.hi"N � ."Y P..) lP V 1 i Tc1M1� 1S h ''�JfiP RVY. yyam• 3 _ ' .. w t.w e e a. r." .. ' m rae 6 a - , -�. _. � h � Gate valves shall be.similar orequal to the Mueller A-2380-20 K or the' -Clow model with teflon anti -friction ring and shall conform to ` .. AWWA C500. • III -S VALVE BOXES: All buried gate valves shall be furnished with suitable cast iron valve boxes.- Boxes .shall be two-piece, Buffalo type -with 54" shaft. Boxes shall be screw or telescoping type, complete with lid, and of adequate length for the installation. Boxes shall be similar or equal to Mueller H-10360. III -9 FIRE HYDRANTS: All fire hydrants shall be Improved AWWA type fire hydrants with a�54" valve opening. Nozzle threads shall be National Standard. Hydrants shall open "left" by means of a 1';." pentagonal operating nut. Hydrant shall be finished with red lead primer only. Hydrants shall be furnished with 6 inch mechanical joint inlets for cast iron pipe. Bury shall be 42 inches. Hydrants shall be Mueller Improved Hydrant No. A-24015, or approved equal. After installation fire hydrant barrels shall be painted with paint containing reflectorized glass beads (3M Company #7216 paint,', or approved equal). III -10 GRAVEL FOR SL'BGRADE AND GRAVEL STREET REPAIR: Gravel for subgrade shall be SB-2 and shall conform to the following specifications: SIZE OF SIEVE PERCENT BY WEIGHT TOTAL RETAINED 1½" 0 0 3/4" 10 to 50 #4 50 to 75 TOTAL PASSING `40 10 to 30 #200 3 to 10 The fraction passing the #200 sieve shall not be greater than two-thirds the fraction passing the #40 sieve. The fraction passing the ;40 sieve shall have a liquid limit not greater than twenty-five and a plasticity index not greater than six. DS -16 �k1 . •♦ y.''i. Yew 6 FY ♦ v IT ) ~ AA ID ... �•}. ��T .M a 'a i1. 1i F �ry re r r: �4 ..� Y M1 W ., K. E' i Z.'.i 3 yax ry r s.. .. ..4 LL: �. tt• • b fa a c r l � III -11 TAPPING VALVES: � '. T Tapping valves-shall'be similar in constzuction to standard AWWA gate valves and shall have MJ outlets for cast iron pipe. III -12 TAPPING SLEEVES: flapping sleeves shall be MJ for cast iron pipe, similar or equal to Mueller H-615. Tapping sleeves shall, with the use of suitable gaskets, be good for AWWA-Class "C" or "D" pipe, and with Class "B" pipe in the 4 and 6 inch size. III -13 ASBESTOS CEMENT PIPE: Asbestos cement pipe and couplings shall conform in all respects to AWWA C400-75 and shall be Class 200, type II (sulfate resistant). Asbestos cement pipe shall be installed as described in AWWA C 603. A tract wire shall be installed along with the asbestos cement pipe. Fittings for use in connecting Asbestos cement pipe, with the exception of couplings, shall be cast iron. I. III -14 PLASTIC PIPE: Two inch plastic pipe shall be 200 psi pressure rated and shall have a 2/1 safety factor. Joints shall be the push -on type with integral bell ends. Pipe shall be manufactured in accordance with AWWA Specifications. III -15 DUCTILE IRON PIPE FOR WATER MAINS: Ductile Iron Pipe shall conform to the applicable dimensions and weights shown in ANSI A21.51/AWWA C151-76. Minimum standards given below shall apply: NOMINAL PIPE THICKNESS WALL SIZE, INCHES CLASS THICKNESS (in.) 4 51 0.26 6 50 0.25 8 50 0.27 12 50 0.31 The acceptance valves for test specimens shall be as follows: Minimum tensile strength Minimum yield strength Minimum elongation strength 60,000 psi 42,000 psi. l00 Ductile iron pipe shall have single rubber -gasket push -on type joints. -as described in ANSI A21.11/AWWA C111.72. The pipe shall be bituminous coated outside with standard cement lining inside in accordance with AWWA C-104-74/ASA A21.4. ••�.M".'N aF if h*j. }1� !✓f /.4I. 14 • i • . `I I .� Y \» •V I^ 1" i • 1. �Y i r.w lW.+ .�?3 4 < •'4 .• ., i.• n.i.�'�ai •i 4�Y1^ ✓1.\'IfV '• +s ,',\ .r[ry YJ =i ii\' a. .i . ..N aJ%4'\^l I I I • y •i 3�. J Ii Y •.,' 4 [ Y:fr • / 1 I. L`. 4 -..'.IA J Y lI ^'C } A• •\� I is �. R Y.. n I •="F + t - -[ x�\ _ .11. -' �' 14 a 5 -Y^ rR. `i J �• 1 I; • Y. 4i3. .,..`< • •{ N.4 • v F .4 [ .[ Y SC AID Y f ♦4 'f S II. 6 Fir • t F FITTINGS: r - £ - .III -16 Fittings shall be either Gray Iron (250 psi) or Ductile Iron "I (350 psi) designed in accordance with. ANSI/AWWA C110-77. All fittings shall be mechanical joint conforming in all respects to ANSI A21.11/AWWA C111. Fittings shall be bituminous coated outside with standard/cement lining inside in accordance -with ASA A21.4/AWWA C104-71. • Ductile iron retainer glands shall be used on fire hydrant branch lines and vertical bends. II1-17 ENCASEMENT PIPE: - 0 All encasement pipe shall be steel pipe, the size of the encase- ment pipe shall be as indicated on the Plans. The steel pipe shall have a wall thickness of 1/4 inch: . - DS -18 . :AkCtc .GEENERALAGENT • . ..SBABB & ASSOCIATES, INC. KNOW ALL MEN BY THESE PRESENTS: That we Don M,i tchen , Inc. Rogeae, AR as Principal, hereinafter called Contractor or Principal, and Crtedtt ,Gene!m+t'.Indlurunce: (Company Spn i tc.td;.:.01vto authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held firmly bound unto City ob Fayettevi_&e, AR P.O. DRAWER 15430 -GMF LITTLE ROCK AR 72231 5011753-0555 OR 800-482-8841 as Obligee, hereinafter called Obligee or Owner, in the amount of Seven .thousand bout hundhed and 4even"ty doflaxa and no cenve-Dollars($ 7,470100 for the payment of which Contractor and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 6-11-85 entered into a contract with Owner for the construction of a certain project known as Now, thereTt{ @o t�i ioh'b 1 #s APg-aifod i5"su iiFPrmapafs is f�ai�hfully perform the contract on his part and shall fully indemnity and save harmless the Owner from all costs and damage which he may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incure in making good any such default and, further, that if Principal shall pay all persons who have contracts directly with the Principal for labor or materials, failing which such persons shall have a direct right of action against the Principal and Surety under this Obligation, subject to the Owners priority, then this Obligation shall be null and void; otherwise it shall remain in full force and effect No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond after six months from the date final payment is \ made on the contract, referred to above. '\ No suit, action or proceeding shall be commenced hereunder by any claimant unless claimant, other than one having a direct contract with the Principal shall have given written notice to any two of the following: the principal, the owner, or the surety above named, within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Arkansas. Any alterations which maybe made in the terms of the contract, or in the work to be done under it, or the giving by the Owner of any extention of time for the performance of the Contract or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder. Notice to the surety or sureties of any such alteration, extention or forbearance being hereby waived In no event shall the aggregate liability of the surety exceed the sum set out hereinbefore. Executed on this 25 day of July 19 85 Dnn eheP.Y ma. Principal By Gen at 1 c o any G60523 Surety A D. "chae2 bb Attorney in fact !.1 ril 'r. y: -r_ �7` r_ 11,....{.4 u,,^ _ •, _. 4' lk'„ t •.. n' ...+.If. .r • n• __ ,•w 1•= ^ , .•. 1[• ._. 1,. .• • [ 1.• .. •:• ._. • .: •.• •nn a• • ! _•1• _ x_•.:I -• a. I•+..` r..x•T' -�• 1'•st. P _t.... i• t • , •L :-rl. if•as. -1 s.,s _.� ri ;It ±It.-.. :, .,.11r.._•]'" SPRIN3FlELD—GHIO' !4': �1` �_ •:-'a�:•!•_r\I 11 ,., •t'. _,I• ,1 -�,.. ].. , ... .• tl #.':.; _ .�'• • l •� • 1,. • t • 1•'1 {.\{!.=••f , _ ,t ..-j •. r :r i{ I :•1� I��l+_ll n.la': 1,_ _ 1 I.• .{ •:.;:'o `...'t :;.•.' :.•t•`-,_ .., P -- ,,. Oi''.-A7_OR1rtEY_ : it•' •,,_ _-..., ,;•€—!•._ I _ 11 ._ ,1' 1: 1,1r LI -,}' ..I 'r1 !. .•• 1'I •-.. ' 1{'r..n. •il• u 1 _ 1 • • tl' • :±:- i:i , 1• ,...... 1 •r.,. 1 •-, 11 :.� 1.. ..1 ._ .19:, ...: +� Ili•_:t• '', n. ill•-•�14 .I. ••• =.'C. f-.:il... .:1 �•' I •• .' i a. '••_-• _:: ... '+ {�.. '1!._. • � ',l ....... al:• '. •� :•{'.•. II ^'�: •'._ 1.1' _ 1' - ___•••:: .. VI _ •. ;...1,PRrNCIPAL'__' cn itfiCJi IiC'_.'_.... •. IV 1=25=s5J :r_,._.,_, Q-SerjeATE • Ilt ... ,l• _ 1.............f •• _. • i 1 • tl•_ '' • ' 1. •• . ,• •II ! . , n . r. - . ,. ,li %._:'�+}t ...�^ : 'CONYRACT AMOUNT-.'-- j 41&. t;7 — _ 1_C ;Irr O%D S 1,490.00.T/2'••.1f- ...:_:7, _ .:' OP 9 h'., I_•••! J.-.i; _ •t rit '•'•r, l:t .:• •', .�� � 1 1_ I: is s;R •_! . 1............ '•Ii1� •_ it •,:"'1' -.'r +!'- POWERNO. SU '.O. • . - . '1 ; . :! I.:._. _• ', ({{ •e. 41 -.., , w ti4 •..,Ja t „j-( ,6 ""j::' tw•..�i+' '••' • ''r •• [. • '+''� , '+\ .•. !\� {I ; '1:•. il'.•t!' -1'1 1' 0}t-_--Ir ` ICI ._'. I.II'"' 11 •�-I!1t1'� TfwrF2 .{� I [ a . , • _ r� • n _ `•I. $♦ SSI�'':: rvtt tea.-. 't'r }}s. S ` + • _•. •. ,t1.. •[• -'r11-•' rl+, ;•{!'. 1,1 ••..•.i-•�.: • III ,,5-,f{•„•.44 Z4 •—#3f`•U a.'•�_.`l�{^�-$••all. .: uu.f fw. :.'�• 1. _ _.' a • 1' _' .•1 I'' — • Ili _ s t . T 1 __ w � 'ei�5<^ lti - f[,... .t "{t I. • 1 ... ±. - 1 1 II-; Il--'L[:. is _.1: _ •I 1 Lys• y_F t[ { •t1 t,i - 1t —__a}y., fL._ •, • _ 11 \ I ........ • .I. I +r' f , Si a i.f � ! (f p--.. +l �+j1 iii ti ts' t1 :: •tl 'i •I. , '•.._•+• 'Il • r' r'!1 . xl a+t A�l ,i, S!{ lti `-•!i}•I!L. -_!L. .._3„ t 1 ;. . I lt_+t- t�+ t_)} 4; ;t+#9r tt ___ f 11 ICidOW,Y,I Y, % iIl I IIF:tif i'itl it ti fS '1.. 'ht (•. •1' •• I^... •.' 1 ( .11 1v r • 1• :.+;� �.r I,.II,cSteteof Ohig hs•vmg-ids (ameolfioe-zf)' 7tµ'"fat `VIFSIi+t��mW[W[G� Q� 1 •I(C,� , 1 • • m gym, tritetl •.fli'ItigfrclE, O t , .F.I It.. •I1 . .... .,,:i.• ; trr 1 +; :m N 1 •rD,tectotsbfthiesadCmnpanyoutb_e=-1, i -z. 'ayI6thday tutay, 1984, town ± # t t₹I __ I !3? li et ,1= '}, Ei tjr ;, , 11, 4: s. !}""_ ta ReSolyed, That•any iwobfthe following'officers Foiresil.ut#tt+ W31ey T. Harrison; Lewis E.'Boggs; L-arty]CHdlorCharlesATippett.slraD=tt1= ;t haveau+lwrty,ito malre, executeand deliver -'a Power of Attorney;const7tuang_&s Anbrney-lo-Fact, sud4- rsons, firms or cofo•nitfons as may be selected; i ^ It` lfromtm+etoame"`t• =1 u= r _ i t— ,�.•� ,i♦ tt I•.-_. i}• lia•t... •I, ,�_ _. , ,}i ..4 _ 1, t, 4."•'. T [: !. {F , , LI ,Ir a ' }, 'I )�.. t'11:d r •'IT 11 ,i te ..� 1 1Y r. IYI -.. '' tl 1' .� •.' 1 ."_ li , t+ Yr fldoes hereby make) consnmte and appoint D Michael Babb, Michael.L Chrestman andlor Marilyn Williams ofArkansasits true and lawful attomey(s}m-.! •. . •.:fact; wtth'fullpowerabu authority here y bonferrodiu'its name; place and stead, to sign; execute, acknowledge and delivefin its tichilf; and its act and deed,`; as follows. __ _ - ) _yr-t:.. F}+.—i+ -:' *� i`e4—•- a'=I Ci ,•:_ 'e .... :; �: .r__-11: Ii- _ . F}��1:: •�. d3 lit ^^i7 F+ 4:,. l=_�• `I `1z=,,t y!t.�.= i`'�,a• t• _ .- _ •r , • I ti 1 + The obligation'of the Compan'shall not exceed one titillion($1100();000.00) dollars. ` = I i -:And .to "bind: Credit Gen0,ral insurance=Company;theieby as -fully and _to the,same extent'as if such bond or undertaking was signed by.the duty.:. _.' • -- :authoriied'offrcers of:the Credit General'lnsutmce Company,.and all the acts of.said Attomey(s) pursuant tothe authority herein -.given, -are hereby ratified - _ and confirmed. _ _ IN_WIT NESS WHEREOF, the Credit General Insurance Company.has caused these presents to be signed by_its President ardlorits Vice -President, _arid its Cotpotate'Seal m be hereto affixed — = - \ ; =-'.1,d QvgH4 _C% rCREDIT GENERAL'INSURANCECOMPANY _ -i m;'o _. _ _ = Notary Public ) �. _ _ -.. „rr96a. State of Ohio - ) SS: _ Oa this 16th day of delay, 1984, before the subscribes; allotaztPublic of the State of Ohio duly commissioned and qualified, came Forrest J. Curtin of . the:Credit General Insurance Company, to me personally known tote the individual and officer described herein, and who executed the preceding •r instrument and. acknowledged the execution of the same, and-being:by lme duly sworn,:deposed and said, that he is the officer of said Company aforesaid, -'and that the seal affixed to the preceding instrumentis the Corponite.Seal'of said Company, and the said Corporate Seal and signatureas an officer wereduly _. affixed andsubscribed to the said instrument by the authority and direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. - - - IN TESTIMONY WHEREOF,! have hereunto setmy hand, and affixed my official seal atSpringfield, Ohio., the day and year above written. :. • 2 9 NQf1Y PIIIIiK •. - •- . • ' SHARON L. GULVAS . v •s NOTARY PUBLIC, State of Ohio . ' rE • of .o : ;My Commission Expires January 16, 1987 State of Ohio ) SS: • I, theundersigned, Secretary of CREDIT -GENERAL INSURANCE COMPANY, a stock corporation of -the State of Ohio, DO HEREBY CERTIFY - that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in -the Certificate of Authority, are now in force. • Signed and Sealed at the Home Officeof the Company, in Ohio. -Dated this - 2 5 -day of - JUL y - • A:D., 19 85 P`,W SUgq . V f"'~1 m O II�� r'tt++TT NEsloY Tnulima Sta,ap. o SEAL - -i - CGSU-7(6-S4) • GENERAL AGENT BASS & ASSOCIATES, INC. P.O. DRAWER 15430 GMF LITTLE ROCK AR 72231 KNOW ALL MEN BY THESE PRESENTS: 501/753-0555 OR 800-482-8841 That we, Von W tchett , Inc. Rogen.a, AR as Principal, hereinafter called Contractor or Principal, and C tedr t. Genenn:E'-Inewranee !Company Spn,i ng.4LeCd,- -.Ohv.o authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held firmly bound unto City o4 FayettevLtte, AR as Obligee, hereinafter called -Obligee or Owner, in the amount of Seven .thou.4and bowl hundn.ed and seventy dottato and no eente--Donars ($ 7.470100 for the payment of which Contractor and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 6-11-85 entered into a contract with Owner for the construction of a certain project known as Now, then fTnre t CoRdliioh'oftfiTs &l {or( is �u�l fiaf"igPnnapaf sha�f �a hfully perform the contract on his part and shall fully indemnity and save harmless the Owner from all costs and damage which he may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incure in making good any such default, and, further, that if Principal shall pay all persons who have contracts directly with the Principal for labor or materials, failing which such persons shall have a direct right of action against the Principal and Surety under this Obligation, subject to the Owners priority, then this Obligation shall be null and void; otherwise it shall remain in full force and effect No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond after six months from the date final payment is made on the contract, referred to above, No suit, action or proceeding shall be commenced hereunder by any claimant unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the principal, the owner, or the surety above named, within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom materials were furnished, orfor or whom the work or labor was done or performed Such notice shall be served by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Arkansas. - Any alterations which may be made in the terms of the contract or in the work to be done under it, or the giving by the Owner of any extention of time for the performance of the Contract or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of then, their heirs, personal representatives, successors or assigns from their liability hereunder. Notice to the surety or sureties of any such alteration, extention or forbearance being hereby waived In no event shall the aggregate liability of the surety exceed the sum set out hereinbefore. Executed on this 25 day of G60523 July 19 85 Principal Surety Attorney in fact � wLJUflISUII, 1 .. u. ':, �c '. .. 6 T .�r a k•+ r "i �' T t .i MGFIELOw OHIO IN }C «' y' - •,y _}1 .Y ♦ Y. a `n v: L =.. ..f -.� I t : :POWER OF ATTORNEY 4 .. PRINCIPAL Von MftchMLC Inc, EFFECTIVE DATE 7-25-851 CONTRACT AMOUNT 1,410.00 AMOUNTOFBOND$ 7.470.00 POWERNO. SU 0008541 KNOW ALL MEN BY THESE PRESENTS: That the Credit General Insurance Company, a Corporation in the State of Ohio, having its homeoffice at One South Limestone Street, Springfield, Ohio 45501, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 16th day of May, 1984, to wit: "Resolved, That any two of the following officers, Forrest J. Curtin. Wesley T. Harrison. Lewis E. Boggs, Larry K. Hill orCharles A. Tippett• shall have authority, to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms or corporations as may be selected from time to time." - does hereby make, constitute and appoint D. Michael Babb, Michael L. Chrestman and/or Marilyn Williams of Arkansas its true and lawful attorney(s)-in- fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: - The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. And to bind Credit General Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Credit General Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, am hereby ratified and confirmed. IN WITNESS WHEREOF, the Credit General Insurance Company has caused these presents to be signed by its President and/or its Vice -President, and its Corporate Seal to be hereto affixed. %pePI $.� CREDIT GENERAL INSURANCE COMPANY p ♦ SEAL �i� _t• Fonen 1. Gunin. Pfeswra Notary Public ) SS: State of Ohio On this 16th day of May, 1984, before the subscriber, a Notary Public of the State of Ohio duly commissioned and qualified, came Forrest J. Curtin of the Credit General Insurance Company, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the 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 the authority and direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Springfield, Ohio, the day and year above written. Ngaty WNic SHARON L.GULVAS NOTARY PUBLIC, State of Ohio My Commission Expires January 16, 1987 State of Ohio ) SS: I, the undersigned. Secretary of CREDIT GENERAL INSURANCE COMPANY, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in Ohio. Dated this 25 day of Jut y A.D., 1985 Py tN SOgp fl (//�� pp'p p pr, ~F & 4 �� IA C x1cyT Nurinn, Sttmary SEAL •c CG.su-rco-en y�:'�1'I7♦ly\11a���1-�FFr' ,, 3—,V .7)25/85 + ' - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO RATION ONEY MW CaNFERS - - • NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AME7mI Li - --EXTEND OR ALTER THE COYERAGE AFFORDED aY THE POLICIES BELOW. BABB 6 ASSOCIATES, INC' " P.O: DRAWER ..15430 1 COMPANIES AFFORDING ' COVERAGE - r GMP LITTLE :ROCK, AR 72231-5430 L .M TER A INA -; COMPANY s - INSURED LETTER - . •I COMPANY-`- • DON MITCHELL, INC. LETTER C 883 WHITE OAK DRIVE COMPANY D ROGERS, .AR 7275.6 LETTER COMPANY E LETTER "":. ....i •'' $;... '�A\ly$ ,N-. �9 '3,µ .y. ak `A" .' .. �Y._l:'MJ<Sy�J 14."... '.�t, -�''.� SV ��.���� J. -+ . .. � THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. +' NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDO TIONS OF SUCH POLICIES. . TYPE OF INSURANCE POLICY NUMBER LTR PDLICY ERFCIME PDLILI' EYNRATIDN LIABILITY LIMITS IN THOUSANDS DATE (fAkL'Y) DATE IMM+mml •"x"`. OCCURRENCE AGGREGATE anV - GENERAL LIABILITY BODILY:'. ' A CX C0.MPREHENSIVE FORM G L P G 0 6 3 1 1 9 8 2 5/6/85 5/6/86 INJURY $ $ ti ft X PREMISE&OPERATIONS PROPERTY UNDERGRDUND DAMAGE _T EXPLOSION & COLLAPSE HAZARD $ $ LY PRODUCTSICOMPLETED OPERATIONS -{ B CONTRACTUAL COMBINED $ $ ':; x INDEPENDENT CONTRACTORS 500 500 *.`. BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $ 500 �Y X UNDERGROUND AUTOMOBILE LIABILITY BDLY I . A:. :t A X ANY AUTO-NAM338069 8/6/84 8/6/85 ;,, S L, ALLOWNED AUTOS (PRM. PASS.)'q� ' ±i • a 1: ALL OWNED AUTOS (OTHER THAN REa AmN-1I $ (OTHER PASS. •_ 1''"<. ;' HIRED AUTOS PROPERTY `r' X NON -OWNED AUTOS DAMAGE $ 'sk=v',. tea;ix 1. GARAGE LIABILITY 818 PD COMBINED $ 500 EXCESS LIABILITY UMBRELLA FORM COMBINED $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION - $ 1 00 (EACH ACCIDENT) A AND NWCC18511368 8/6/84 8/6/85 `$ 500(DISEASE-POLICY L0AJT) EMPLOYERS' LIABILITY $ 1 00 (DISEASE -EACH EMPLDYEE)I. OTHERIII. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS SASSAFRAS `HILLY .ROAD - WATERLINE EXTENSION IiiJ�{LS' n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX - C i t y of F a y e t tv tile y PIRATIOj DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ? MAIL City Administration Building g LEFT xIx>����E Fayetville, Ar 72076 4DKXk3E7Cffi9�i4iL�143�IidKi%3CK14�?VE�YX�r14K� ,yAUTHORIZE pEPRE NTATIVE ATTN: CITY ENGINEER Paz i//I iLSS/(4�I�1� tic . .y .. Y ij : GENERweALAGENT =�•BABB & ASSOCIATES, INC. P.O. DRAWER 15430 GMF LITTLE ROCK, AR 72231 KNOW ALL MEN BY THESE PRESENTS: 501)753-0555 OR 800-482-8841 That we, Don M.itchett, Inc. RogeAu,;. AR as Principal, hereinafter called Contractor or Principal, and Cnedzt Gene�raU munancevCompany Spir;i:(gg.ekd; ;:Ohio authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held firmly bound unto City ob FayetttevLtte, AR !I ' as Obligee, hereinafter called Obligee or Owner, in the amount of Seven .thousand 5owc hundtted and beven.ty dottatrs and no cen.t6-Dollars($ 7,470100 for the'payment of which Contractor and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 6-11-85 ii entered into a contract with Owner for the construction of a certain project known as Now, thereTo 41 �ocn°d ioA oTihls i6QgaBon u9 &CA iPPrinclpaf s ia'fr?aiihfully perform the contract on his part and shall fully indemnify and save harmless the Owner from all costs and damage which he may suffer by reason of failure so to do; and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incure in making good any such default; and, further, that if Principal shall pay all persons who have contracts directly with the Principal.for labor or materials, failing which such persons shall have a direct right of action against the Principal and Surety under this Obligation, subject to the Owner's priority, then this Obligation shall be null and void; otherwise it shall remain in full force and effect ° • it No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. ' a No suit, action or proceeding shall be brought on this bond after six months from the date final payment 'ls made on the contract referred to above.. No suit, action or proceeding shall be commenced hereunder by any claimant unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the principal, the owner, or the surety above named, within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom materials were furnished, or for whom the work or labor was done or performed. Such notice shall be -served -by mailing -the same registered -mail. or certified-mailtpostage prepaid, in an envelope addressed to the Principal, Owneror�. Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Arkansas. Any alterations which may be made in the terms of the contract, or in the work to be done under it, or the giving by the Owner of any extention of time for the performance of the Contract or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives; successors or assigns from their liability hereunder. Notice to the surety or sureties of any such alteration, extention or forbearance being hereby waived. In no event shall the aggregate liability of the surety exceed the sum set out hereinbefore. Executed on this 11 25 day of Jtkty 19 85 Don 4lttoiieLt Inc. Principal I By �&4� r1' c o any G60523 b = r-'ty y Surety '(1. Caee b w" -E: Attorney in fact t 4. l d GENERAL AGENT S BB & ASSOCIATES, INC. P.O. DRAWER 15430 GMF LITTLE ROCK, AR 72231 KNOW ALL MEN BY THESE PRESENTS: 501/753-0555 0R800-482-8841 That we, Don Mi tche t, Inc. Rogeirs, AR as Principal, hereinafter called Contractor or Principal, and Cned i,t: Gene&a2'.Iytowrn.nce 'Company Spn;irig.6iekd,-.: •.Ohio authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held firmly bound unto City ob Eaye.itevitt.e, AR as Obligee, hereinafter called Obligee or Owner, in the amount of Seven thousand ,Sour hundn.ed and /seventy dok.2a)ro and no cents --Dollars ($ 7.470100 for the payment of which Contractor and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 6-11-85. entered into a contract with Owner for the construction of a certain project known as Now, therdfore MaCondl[iot1th4ls oO?g' {orris s %tfia�ifPnnapaf shai?aithfully perform the contract on his part and shall fully indemnify and save harmless the Owner from all costs'and damage which he may suffer by reason of failure so to do, and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incure in making good any such default, and, further, that if Principal shall pay all persons who have contracts directly with the Principal for laborer materials, failing which such persons shall have a direct right of action against the Principal and Surety under this Obligation, subject to the Owners priority, then this Obligation shall be null and void; otherwise it shall remain in full force and effect No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond after six months from the date final payment is made on the contract, referred to above. No suit, action or proceeding shall be commenced hereunder by any claimant unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the principal, the owner, or the surety above named, within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom materials were furnished, orforwhom or whom the work or labor was done or performed. Such notice shall be served by -mailing the same registered -mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Arkansas. Any alterations which may be made in the terms of the contract or in the work to be done under it, or the giving by the Owner of any extention of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder. Notice to the surety or sureties of any such alteration, extention or forbearance being hereby waived. In no event shall the aggregate liability of the surety exceed the sum set out hereinbefore. Executed on this 25 day of Jwey Dan ,tch'eii Inc: r_"?— Principal Por� By _ e Gen e ompany G60523 Surety D. MLchae e Bgb: . " Attorney in fact �fBIC2yi B 1191CImCWfL Bi41OUlfYVEbL 4s00Yfl1Y-NIi I SPRINGFIELD, OHIO POWER OF ATTORNEY M• - PRINCIPAL Von M 2che.0 Inc. EFFECTIVE DATE 72585/ CONTRACT AMOUNT 7,470.00 AMOUNTOFBOND$ 7,470.00 POWER NO. SU 0008541 KNOW ALL MEN BY THESE PRESENTS: That the Credit General Insurance Company, a Corporation in the State of Ohio, having its home office at One South Limestone Street, Springfield, Ohio 45501, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 16th day of May; 1984, to wit: - •: - - - "Resolved, That any two of the following officers, Forrest J. Curtin, Wesley T. Harrison, Lewis E. Boggs, Larry K. Hill or Charles A. Tippett, shall have authority, to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms or corporations as may be selected from time to time." _- - - does hereby make, constitute and appoint D. Michael Babb, Michael L. Chrestman and/or Marilyn Williams of Arkansas its true and lawful attorney(s)-in- fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. - • And to bind Credit General Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Credit General Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Credit General Insurance Company has caused these presents to be signed by its President and/or its Vice -President, and its Corporate Seal to be hereto affixed. - - - . . - - PV %NSUg-._ o 0? 4 O - CREDIT GENERAL INSURANCE COMPANY , SEAL aD _ - - - .7• e„T2 t Forren 1. Curtin, Rezidcm Notary Public ) : tg6 . State of Ohio ) SS.r •L On this 16th day of May, 1984, before the subscriber, a Notary Public of the State of Ohio duly commissioned and qualified, came Forrest J. Curtin of the Credit General Insurance Company, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the -preceding instrument is the 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 the authority and direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. - . ' 1 -- IN TESTIMONY WHEREOF, I have hereunto set my hand; and affixed my official seal at Springfield, Ohio, the day and year above written. O � • N 2 - r Nouuy Public • •m - ' o - SHARON L. GULVAS ' yl�'-o - NOTARY PUBLIC, State of Ohio •-7:> op. . - My Commission Expires January16, 1987 �"•:� StateofOhio. - ) SS: - - • I, the undersigned, Secretary of CREDIT GENERAL INSURANCE COMPANY, a stock corporation of the State of Ohio; DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revokedi.and furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of Authority, are now in force. •. • : ,..� Signed and Sealed at the Home Office of the Company, in Ohio. Dated this 25 day of July ; --: xA.I);; 19 85 • -. H • .•. 1cm. OnEA OY�oa CG-sva(6-e,) ILISSUE DATE (MM DDM ) L90A] II►3ainIa 7/25/85 PRODUCER a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Li NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, B AB B & ASSOCIATES, IN C EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. DRAWER 15430 GMF LITTLE ROCK, AR 72231-5430 COMPANIES AFFORDING COVERAGE INSURED DON MITCHELL, INC. 883 WHITE OAK DRIVE ROGERS, AR 72756 COMPANY A LETTER INA COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE LTR GENERAL LIABILITY A X COMPREHENSIVE FORM X PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY X UNDERGROUND AUTOMOBILE LIABILITY A X ANY AUTO ALL OWNED AUTOS (PAW. PASS.) ALL OWNED AUTOS (OTH RP SAN) HIRED AUTOS ' �. NON OWNED AUTOS GARAGE LIABILITY ' - .. vim..... .. EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION A AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER GLPGO6311982 NAM338069 POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS DATE (MM/DD/fl) DATE (Mm EACH AGGREGATE OCCURRENCE BODILY 5/6/85 5/6/86 INJURY $ $ PROPERTY DAMAGE $ $ 8/6/84 NWCC18511368 8/6/84 t. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS COMBINED $ 500 $ 500 PERSONAL INJURY $ 500 BODILY 8/6/85 IpPERsot $ BODLY INXRY ACIDENT) $ )PER PROPERTY DAMAGE $ BI & PD COMBINED $ 500 BI & PD CC CC $ $ COMBINED STATUTORY I $ I 00 (EACH ACCIDENT) 8/ 6/ 8 5 $ 5 0 0 (DISEASE -POLICY LIMIT) $ 1 0 0 (DISEASE -EACH EMPLOYEE) SASSAFRAS HILL ROAD - WATERLINE EXTENSION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX - C i t y of F a y e t t v i l l e PIRATION_ DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City Administration Building MAIL -____DAYS_WALf_TENriOT10EThXHECEBTIEICAYE 11O1JIETLNAMEA•TRASE Fayetville, Ar 72076 ATTN: CITY ENGINEER AUTHORIZED EXA*STATIVE //T ''LPL&_''`//2.k9'S/O-�i,Ty G�1 • • . .: ' .:: • . CREDIT GENERAL INSURANCE COMPANY SPRINGFIELD, OHIO POWER OF ATTORNEY PRINCIPAL Von M.i tchett The. EFFECTIVE DATE 1-25-85/ CONTRACT AMOUNT AMOUNTOFBOND$ 7.470.00 POWERNO. SU 0008541 KNOW ALL MEN BY THESE PRESENTS: That the Credit General Insurance Company, a Corporation in the State of Ohio, having its home office at One South Limestone Street, Springfield, Ohio 45501, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 16th day of May, 1984, to wit: "Resolved, That any two of the following officers, Forrest J. Curtin, Wesley T Harrison, Lewis E. Boggs, Larry K. Hill or Charles A. Tippett, shall have authority, to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms or corporations as may be selected from time to time." does hereby make, constitute and appoint D. Michael Babb, Michael L. Chrestman and/or Marilyn Williams of Arkansas its true and lawful attorney(s)-in- fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,000.0)) dollars. And to bind Credit General Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Credit General Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Credit General Insurance Company has caused these presents to be signed by its President and/or its Vice -President, and its Corporate Seal to be hereto affixed. ____ 0 q ��� CREDIT GENERAL INSURANCE COMPANY V r?1-y m O SEAL wD yJ . tTr F m t3. Cunin. Prtsihn[ Notary Public ) SS: State of Ohio ) On this 16th day of May, 1984, before the subscriber. a Notary Public of the State of Ohio duly commissioned and qualified, came Forrest J. Curtin of the Credit General Insurance Company, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the 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 the authority and direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Springfield, Ohio, the day and year above written. ��a m 4 r Nduy Public SHARON L. GULVAS NOTARY PUBLIC, State of Ohio My Commission Expires January 16, 1987 State of Ohio ) SS: I, the undersigned, Secretary of CREDIT GENERAL INSURANCE COMPANY, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in Ohio. Dated this 25 day of Jut y A.D., 1985 tNSUq,� Y /tr OPp Oq�~�F A Y r' A p Weslry T Human, Sanmy SEAL ,a CGSU-3(6-84)