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HomeMy WebLinkAbout92-96 RESOLUTION. City of Fayetteville, Arkansas Budget Adjustment Form • EXHIBIT B Budget Year Department: Public Works 1996 Division: Program: Date Requested 07/17/96 Adjustment # Project or Item Requested: Additional funding is requested for the Wedington Road Water/Sewer Relocation project. Project or Item Deleted: Funding for this request is from the 6th Street 24" Water Line Project. Justification of this Increase: The additional funds requested will provide a funding for a project contingency. Justification of this Decrease: The 6th Street 24" Water Line project is complete and the remaining project budget is not required. Increase Account Name Amount Account Number Project Number Water Line Improvements 15,634 5400 5600 5808 00 95040 Decrease Account Name Amount Account Number Project Number Water Line Improvements 15,634 5400 5600 5808 00 95036 Approval Signatures _Ate 7 /-16 Requested B Admin„BErvices Ma C:\APP\96BUD\WEDWLBA. WK 1 O- 0- `6 I00rfilt Ilifrpn 104_ Budget Office Use Only Type: A B C D © F • Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 • • PROJECT MANUAL ISSUED FOR CONSTRUCTION MICROFILMED . EXHIBIT A t:ENGINEERING- CITY OF FAYETTEVILLE WEDINGTON DRIVE - HWY 112 SPUR WATER AND SEWER RELOCATIONS FAYETTEVILLE, ARKANSAS CONTRACT 96-41 CEI Project #10963.0 August1996 CEI Engineering Associates, Inc. 110 W. Central Bentonville, AR 72712 (501) 273-9472 FAX (501) 273-0844 1 1 1 1- 1 1� 1 1-. 1, 1 1 1 1 i 1 1 1 1 1 • • • PROJECT MANUAL ISSUED FOR CONSTRUCTION :ENGINEERING- CITY OF FAYETTEVILLE WEDINGTON DRIVE - HWY 112 SPUR WATER AND SEWER RELOCATIONS FAYETTEVILLE, ARKANSAS CONTRACT 96-41 CEI Project #10963.0 August1996 CEI Engineering Associates, Inc. 110 W. Central Bentonville, AR 72712 (501) 273-9472 FAX (501) 273-0844 Section No. Title 00005 • • • City of Fayetteville Highway 112 Spur (Wedington Drive) Water and Sewer Relocations Section 00005 TABLE OF CONTENTS Table of Contents CONTRACT FORMS AND CONDITIONS 00500 Agreement Form Between Owner and Contractor 00700 General Conditions 00800 Supplementary Conditions 00801 Prevailing Wage Rate Determination SPECIFICATIONS Division 1 - General Requirements 01010 Summary of Work 01025 Measurement and Payment 01027 Applications for Payment 01035 Modification Procedure 01040 Coordination and Meetings 01051 Construction Surveys 01060 Regulatory Requirements 01090 Reference Standards and Abbreviations 01300 Submittals 01410 Testing Laboratory Services 01500 Construction Facilities and Temporary Controls 01501 Special Property Requirements 01620 Storage and Protection 01630 Product Options and Substitutions 01700 Contract Closeout Division 2 - Site Work 02050 02100 02161 Demolition Site Preparation Excavation Safety CEI Project 10963 • Pages 08/06/96 00005-1 to 00005-2 00500-1 to 00500-9 1 to 42 00800-1 to 00800-15 00801-1 01010-1 01025-1 01027-1 01035-1 01040-1 01051-1 01060-1 01090-1 01300-1 01410-1 01500-1 01501-1 01620-1 01630-1 01700-1 to 01010-4 to 01025-12 to 01027-3 to 01035-4 to 01040-4 to 01051-2 to 01060-3 to 01090-4 to 01300-4 to 01410-3 to 01500-5 to 01620-2 to 01630-2 to 01700-6 02050-1 to 02050-3 02101-1 to 02101-3 02161-1 Page 00005-1 • • • • • • 02221 Trenching, Backfilling and Compacting 02261 Site Restoration 02600 Pipelaying 02601 Cast -in -Place Manholes 02602 Pre -Cast Manholes 02615 Iron Pipe and Fittings 02616 Polyethylene Encasement 02622 Plastic Pipe and Fittings 02641 Valves 02644 Fire Hydrants 02666 Potable Water Services 02675 Water System Maintenance of Service and Disinfection 02722 Sanitary Sewage Systems Division 3 - Concrete 03316 Miscellaneous Concrete Work CEI Project 10963 02221-1 02261-1 02600-1 02601-1 02602-1 02615-1 02616-1 02622-1 02641-1 02644-1 02666-1 02675-1 02722-1 08/06/96 to 02221-5 to 02261-6 to 02600-3 to 02601-2 to 02602-3 to 02615-5 to 02616-2 to 026224 to 02641-6 to 02644-3 to 02666-3 to 02675-4 to 027224 03316-1 to 03316-6 Page 00005-2 • • • AGREEMENT BETWEEN OWNER AND CONTRACTOR for WEDU'4GTON DRIVE WATER AND SEWER RELOCATION 07/16/96 THIS AGREEMENT is dated as of the .6 4-h day of acousf in the year 1996 by and between the City of Fayetteville (hereinafter called OWNER) and (hereinafter called CONTRACTOR). EDWARDS DESIGN & CONSTRUCTION, INC. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction and installation of approximately 12,700 linear feet of new water lines and approximately 2,050 linear feet of new sanitary sewer interceptor lines and abandonment of existing water and sewer lines. Article 2. ENGINEER. The Project has been designed by CEI Engineering Associates, Inc. 110 West Central Bentonville, Arkansas 72712 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The Work will be substantially completed within 120 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 CEI Project 10963 00500-1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • • 07/16/96 of the General Conditions within 150 calendar days after the date when the Contract Time commences to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred dollars ($200.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two hundred dollars ($ 200.00 ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1 for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. SCHEDULE OF CONTRACT PAY ITEMS CEI Project 10963 00500-2 NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 1 24 -inch Ductile Iron Pipe LF 4470 $72.00 $321,840.00 2 16 -inch Ductile Iron Pipe LF 11 53.00 583.00 3 I2 -inch Water Main LF 1280 31.50 40,320.00 4 8 -inch Water Main LF 6450 19.25 124,162.50 CEI Project 10963 00500-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 07/16/96 CEI Project 10963 00500-3 5 6 -inch Water Main LF 480 $15.00 $7,200.00 6 4 -inch Water Main LF 20 9.00 180.00 7 2 -inch Water Main LF 110 6.00 660.00 8 Ductile -Iron Finings Lbs 53150 3.50 186,025.00 9 24 -inch Butterfly Valve Ea 10 6800.00 68,000.00 10 12 -inch Butterfly Valve Ea 3 2750.00 8,250.00 11 8 -inch Gate Valve EA 13 625.00 8,125.00 12 6 -inch Gate Valve EA 6 575.00 3,450.00 13 4 -inch Gate Valve EA 1 350.00 350.00 14 2 -inch Gate Valve EA 1 275.00 275.00 15 3 -inch AirNacuum Valve EA 3 3280.00 9,840.00 16 2 -inch Air/Vacuum Valve EA 2 2600.00 5,200.00 17 1 -inch Air/Vacuum Valve EA 1 2100.00 2,100.00 18 24x20 -inch Tapping Sleeve & Valve EA 1 16900.00 16,900.00 19 24x8 -inch Tapping Sleeve & Valve EA 2 2450.00 4,900.00 20 16x16 -inch Tapping Sleeve & Valve EA 1 13750.00 13,750.00 21 12x10 -inch Tapping Sleeve & Valve EA 2 2300.00 4,600.00 22 12x6 -inch Tapping Sleeve & Valve EA 1 1700.00 1,700.00 23 8x8 -inch Tapping Sleeve & Valve EA 3 1400.00 4,200.00 24 6x6 -inch Tapping Sleeve & Valve EA 2 1300.00 2,600.00 25 Fire Hydrant Assembly EA 21 1600.00 33,600.00 26 24 -inch Steel Casing LF 220 50.00 11,000.00 27 16 -inch Steel Casing LF 152 40.00 6,080.00 28 Split Steel Casing on Existing 24- inch Water Line LF 110 95.00 10,450.00 29 3/4 -inch Water Service LF 700 5.00 3,500.00 30 1 -inch Water Service LF 100 5.75 575.00 31 Single Meter Sets EA 60 300.00 18,000.00 32 Double Meter Sets EA 8 275.00 2,200.00 CEI Project 10963 00500-3 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • i fal 07/16/96 CEI Project 10963 00500-4 33 Cut & Cap Existing 16 -inch Water Line EA 2 $450.00 $900.00 34 Cut & Cap Existing 12 -inch Water Line EA 2 200.00 400.00 35 Cut & Cap Existing 8 -inch Water Line EA 10 100.00 1,000.00 36 Cut & Cap Existing 6 -inch Water Line EA 5 100.00 500.00 37 Cut & Cap Existing 4 -inch & Smaller Water Line EA 8 75.00 600.00 38 12 -inch PVC Sewer 0-6 ft Deep LF 56 25.00 1,400.00 39 8 -inch PVC Sewer 0-6 ft Deep LF 370 14.00 5,180.00 40 8 -inch PVC Sewer 6-8 ft Deep LF 635 14.00 8,890.00 41 8 -inch PVC Sewer 8-10 ft Deep LF 780 15.00 11,700.00 42 8 -inch PVC Sewer more than 10 ft Deep LF 205 16.00 3,280.00 43 4 ft Manholes 0-6 ft Deep EA 16 1150.00 18,400.00 44 4 ft Manholes Extra Depth VF 45 125.00 5,625.00 45 Drop Manhole VF 17 120.00 2,040.00 46 Remove Manhole EA 11 650.00 7,150.00 47 4 -inch PVC Sewer Service Line LF 300 5.00 1,500.00 48 8x4 -inch Sewer Service Wyes EA 10 100.00 1,000.00 49 Extend 30 -inch Casing LF 20 100.00 2,000.00 50 Asphalt Street of Drive Cut/Repair LF 700 10.00 7,000.00 51 Concrete Street or Drive Cut/Repair LF 300 20.00 6,000.00 52 Grave Drive Repair LF 400 5.00 2,000.00 53 Connect Existing Sanitary Services EA 7 250.00 1,750.00 54 Connect to Existing Sanitary Sewers EA 4 200.00 800.00 55 Remove Existing Water Meters EA 73 • 75.00 5,475.00 56 Remove Existing Valve Boxes EA 21 50.00 1,050.00 57 Remove Existing Fire Hydrants EA 7 750.00 5,250.00 58 Reconnect Existing Water Services EA 70 100.00 7,000.00 CEI Project 10963 00500-4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 07/31/96 TOTAL BASE BID $ 1,091,455.50 As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1., 5.1.2., 5.1.3., and 5.1.4. below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. For all pipe and appurtenances properly laid in the trench, restrained, backfilled, and compacted, 70 percent of the bid price; 5.1.2. For all sections of the pipeline and appurtenances where topsoil has been replaced and cleanup is essentially completed, without interruption, from the beginning point of pipeline construction, excepting fence, seeding, and sod, an additional 10 percent of the bid price; 5.1.3. For all sections of pipeline and appurtenances that have passed specified pressure, vacuum, and leakage tests, and which have been successfully sterilized as specified, an additional 10 percent of the bid price; 5.1.4. For all sections of pipeline and appurtenances where the final cleanup, with final fence repair, seeding, mulching, sod, and restoration of surfaces are completed, an additional and final 10 percent of the bid price; except that: CEI Project 10963 00500-5 59 Transition Couplings EA 4 $50.00 $200.00 60 Concrete Encasement LF 750 25.00 18,750.00 61 Clear & Grub Pipeline Route LF 500 3.00 1,500.00 62 Excavation Safety LS 1 42500 00 42,500.00 TOTAL BASE BID $ 1,091,455.50 As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1., 5.1.2., 5.1.3., and 5.1.4. below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. For all pipe and appurtenances properly laid in the trench, restrained, backfilled, and compacted, 70 percent of the bid price; 5.1.2. For all sections of the pipeline and appurtenances where topsoil has been replaced and cleanup is essentially completed, without interruption, from the beginning point of pipeline construction, excepting fence, seeding, and sod, an additional 10 percent of the bid price; 5.1.3. For all sections of pipeline and appurtenances that have passed specified pressure, vacuum, and leakage tests, and which have been successfully sterilized as specified, an additional 10 percent of the bid price; 5.1.4. For all sections of pipeline and appurtenances where the final cleanup, with final fence repair, seeding, mulching, sod, and restoration of surfaces are completed, an additional and final 10 percent of the bid price; except that: CEI Project 10963 00500-5 1•• 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 07/16/96 5.1.5. Owner may withhold such amounts determined by ENGINEER, in accordance with paragraph 14.7 of the General Conditions. 5.2. Retainage. No retainage will be withheld for materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions. 5.3. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, Local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for_ CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not CEI Project 10963 00500-6 07/16/96 consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Addenda numbers 1 to 2, inclusive, which are incorporated into the body of the other contract documents. 7.9 Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 through 21, inclusive with each sheet bearing the following general title: This Agreement (pages 1 to 9, inclusive). Performance and Payment Bonds, (Exhibits A and B respectively). Certificate of Insurance, (Exhibit C). Documentation submitted by CONTRACTOR prior to Notice of Award (Exhibit D). General Conditions (pages 1 to 42, inclusive and Exhibit GC -A pages 1 to 2, inclusive). Supplementary Conditions (pages 1 to 15 inclusive). Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. Wedington Drive Water and Sewer Relocation CEI Project 10963 00500-7 07/16/96 7.10 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1 Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests m the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. CEI Project 10963 00500-8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 07/16/96 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to OWNER and ENGINEER, and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Agreement). Al ]Cr. (a , 1996 (which is the Effective Date of the OWNER: C)tv of Fayetteville CONTRACTOR: Edwards Design and Construction By: Attest [CORPORATE SEAL] Address for giving notices 4 a Greg Ed 1s - President , mi [CORPORATE SEAL] -;;` • ••,:lt: Attest r AOCU-LW Eriu nido Address for giving notices P. O. Box 1549 Springdale, AR 72765 (If OWNER is a public body, attach evidence License No. 0044240397 of authority to sign and resolution or other documents authorizing execution of Agreement.) Agent for service of process: execution of Agreement.. A. .. W A,1 44, (If CONTRACTOR is a corporation, attach evidence of authority to sign) CEI Project 10963 00500-9 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A317 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that EDWARDS DESIGN & CONSTRUCTION, INC. (Mere insert full name and address or legal tide of Contractor) P. 0. Box 1549, Springdale, Arkansas 72765 as Principal, hereinafter called Contractor, and, EMPLOYERS MUTUAL CASUALTY COMPANY P. 0. Box 712, Des Moines, Iowa 50303-0712 (Here insert lull name and address or legal tide of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FAYEITEVILLE, ARKANSAS (Here insert lull name and address or legal tale of Owner) 113 West Mountain, Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the amount of One Million Ninety -One Thousand Four Hundred Fifty -Five and 50/100 *J. J. .. .. .. •. :. ,. .. .• ,.•,: Dollars ($ 1,091,455.50 -• •• for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for (Here insert lull name. address and description of project) Construction and installation of approximately 12,700 linear feet of new water lines and approximately 2,050 linear feet of new sanitary sewer interceptor lines and abandonment of existing water and sewer lines. in accordance with Drawings and Specifications prepared by CEI ENGINEERING ASSOCIATES INC. Inert insert lull name and address or legal title of Architec❑ 110 West Central, Bentonville, Arkansas 72712 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BONO ANO LABOR AND .MATFRIAL PAYMENT BOND • AIA I EBRUARY 1970 ED. • THE AMFRICAN INSTITUTE OF ARCHITECTS, lrli N Y. AVE.. .N.W.. WASHINGTON. D. C. 20006 WARNING: Unlicensed photocopying violates U.S. oopydght laws and Is subject to legal prosecution. 1 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 11 Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 7 +F' (Wilnecrl 'NI yi (W; tue. >) defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less _ the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (21 years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. day of ntiu57 EDWARDS DE N & CONSTRUCTION, INC. 19 q PiefitrIfrit (Pr:n cq uI (Seal l ride) TY COMPANY (cureq) enson A. Cashion Attorney -in -Fact Tide) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR ANO MATERIAL PAYMENT BONO • AIA C'D rERRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 'Ne RNING: Unlicensed nhotoconvinn vinlatev I I.S nnrrydnht laws and le; gnhiec• lar,l nrn<er.'t r" 2 THE FACE OF TH1S DbCUMENT HAS A COLORED BACKGROUND ON WHITE'PAPER • BACK OF HI$`DOCUMENT HAS A SIMULATED WATERMARK- HOED AT AN ANDLETO VIEW. EMC Insurance Companies P.O. Box 712 • Des Moines, Iowa 50303 No 25;9328„ CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that 1. Employers Mutual Casualty Company, an Iowa Corporation 2:. Emcasco Insurance Company,,an Iowa Corporation 3A Union Inaurance Companyafprovidence, a Rhode Island Company - 4. Illinois Emcasco Insurance Company, an Illinois Corporation 5. Dakota Fire Insurance Company, a:North Dakota Corporation ?x 6. American Liberty Insurance Company, an Alabama'Corporatron ,hereinafter referred to severally.as:"Company" and collectively as 'Companies”; each does, by these presents. make, constitute and appoints • -• - KNIGHT CASHION:`-BENSON A. CASHION, MATTHEW KNIGHT CASHION, JR. ,CARLA SUE T-TOLLIS, WILLIAM R ---- PLECGF, INDIVIDUALLY, LITTLE ROCK, ARKANSAS its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: Ilk :AN'A/CUls7 . NOT. EXCEEDING TEs4 LvIILLION DOLLARS (S10,000,000.00) and•to,bind•eabh Company thereby a& fully and to the same extent as if such instruments were signed by the duly authorized officers of each -such Company;,and alfof: the acts of saidittomey pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1999 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This PoweraoVVAttomey is• made •and::executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of•the Companies at the; second regularly scheduled meeting of each company duly called and held in 1990. - - - - • 'RESOLVED. The•Chairman of the Board of Directors, the President, any Vice President; the?reasurer and the Secretary of Employers Mutual;Casualty Compar y sha8: havepower and`authorityto (1)'appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seaFof the Company theretq'bohds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-in-fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall by fully and in ail respects binding upon the Company. Certification as to the validity of, any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects '•`binding upon this• company.; The facsimile or mechanically reproduced signature of such officer, whether made heretofore or -hereafter, wherever'appearing upon a, '. certified copy of any"power-ofattomeyof the Company, shall be raid and binding upon the Company with the same force and affect as though manually affixed: y IN WITNESS WHEREOF, The Companies have caused these presents to be signed for each by their officers as shown, and the Corporateseals'to be hereto aftxed this `%19th daybr February 19 96. • �SBruce G. Kelley, C airmanPhilipren,enioVicePresident of Companies 4 &6; Presiddrft of of Companies,3 & 5 Companies 1 & 2 Seals s• to INS(/ FRP 44 4.P004 CA; SEAL' 2 ▪ ,•, +ttttt' �P�Y,INS�Hq & ▪ pion ▪ 2 o a ▪ r 1953 �=i: ▪ O FC e- ' , �e �4':4 PPOR0 ., t •i ." 0.on41•: O'. SEAL z t• za SEAL s. 6 r0WP.•, RBI ov,c,I ySaU, U,, y; -15, 00R4 SEAL �f • , •OiPE S,-�� RUTA KRUMINS MY COMMISSION EXPIRES SEPTEMBER 30, 1997 cso .oaf:' onald L. Coughennower Assistant Secretary On this 19t10ay of February AD 1995 before mei Notary Public and for Polk County, Iowa, personally appeared Bruce GYKelley, Phihp'T. Van Ekeren[ and Donald L. Co ghennower, who being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Senior Vice President, and Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley, Philip T. -Van Ekeren, and Donald L. Coughennower acknowledge the execution of .said instrument to be the voluntary.act and deed of each of The Companies.- • , . My Commission Expires September 30, 1997. Notary Public CERTIFICATE I, David L. Hixenbaugh f the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies, and,this Power of Attorney issued pursuant thereto on February 19, 1996 on behalf of knight Cashion, Benson A. Cashion,; Matthew Knight Cashion, Jr.,' Carla ,Sue Holl .i s --- are.trt4e and coned and are s'ilfin fulfforce and effect. Wi.11ian R. 'Plegge :In TestimonyWhereof I have subscribed my name and affixed the facsimile sea�-I( of each Company this day of Fo'm7832ri1/95) '.For verification of the authenticity, of the Power•of,'Atteirrle oo.ma :calh(515:2802689x7:'. Vice -President THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND I5 ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that EDWARDS DESIGN & CONSTRUCTION, INC. (Here insert full name and address or legal tide of Contractor) P. 0. Box 1549, Springdale, Arkansas 72765 as Principal, hereinafter called Principal, and, EMPLOYERS MUTUAL CASUALTY COMPANY !Here insert full name and address or legal tide of Suretyl P. 0. Box 712, Des Moines, Iowa 50303-0712 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF' FAYETTEVILLE, ARKANSAS (Here insert full name and address or legal Idle of Owner] 113 West Mountain, Fayetteville, Arkansas, 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Million Ninety -One Thousand Four Hundred Fifty -Five and 50/100 "• 'r ;r "r (Here insert a sum equal to at least one.hair of the contract price] Dollars ($1,091,455.50 * %), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name, address and description of project) Construction and installation of approximately 12,700 linear feet of new water lines and approximately 2,050 linear feet of new sanitary sewer interceptor lines and abandonment of existing water and sewer lines. in accordance with Drawings and Specifications prepared by CEI ENGINEERING ASSOCIATES, INC. I Here insert full name and address or legal title of Architect) 110 West Central, Bentonville, Arkansas 72712 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR ANO MATERIAL PAYMENT BONO • A!A OO FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.V. AVE.. N.W. WASHINGTON, D. C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 3 • LABOR AND MATERIAL PAYMENT BOND • NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined. for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract. labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. • 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this '%tl' accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place svhere an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and (dr the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day of Aug uSr U (Witntss) C (Wdnrs EDWARDS 1 IGN & CONSTRUCTION INC. (Principal) 19 *1 ISeall EMP By: PrixS (Tide) -0 •y S b AT.x..1 t 4 TY COMPANY (Su mly) so A. Cashion Attorney -in -Fact !Seal, (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 WARNING: Unn-=-snd, nhntncnnvinn •dnI,.eq 11 c.....- 4 • THE FACE OF PHIS DOCUMENh1AS A COLORED BACKGROUND ON WHITE PAPER ; BACK OF THIS:DOCUMENT.HAS A SIMULATED WATERMARK- HOLD AT AN ANGLE TO VIEW.. EMC Insurance Companiesf.l • o.` 259329` P.O. Box 712 • Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporatio• n • Emcasco Insurance. Company, an Iowa Corporation . . :5. Dakota Fire Insurance Company;:a:North-Dakota Corporation , 3.�. Union Insurance Company, of Providence, a Rhode Island Company , 6. iAmerican Liberty Insurance Company, an Alabama Corporation . hefeiiiafter refened to severallyas "Company and collectively as."Companies',�each does, by these presents, make, constitute andappoint Sr KNIGHT CASHIONeE•SISON A. CASHION, MATTHEW MIGHT CASIIION, JR. ,CARLA SUE HOLLIS, FIIISIAt1 R.=--- PT,F1 F, INDIVIDUALLY, LITTLE 103<, ARKANSAS its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN Amciumril r, ExthEDING TEN iIr.rION DOLLARS ($SO 000.00O oO) • and tobind each Company therebyasfuly and to the same extent as if such instruments were signed by the duly authorized officers of each such Company;' and all of: the acts of said attomey pursuant td the authority hereby given are hereby ratified and confirmed. - The authority hereby granted shall expire April 1, 1999 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY ▪ This Power-of-Attomey ismade'and':executed pursuant to and by the authority.of the following resolution of the Boards of Directors of each,.pf the` Conipanies'af'the;; second regularly sd,eduled meeting of each company duty called and held in 1990 RESOLVED: The Chairman of the -Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers MutuatCasualy Company shall, have power and authority to (1)'*point attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal -of the Company theretOibonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects "binding upon this company..Tlie' facsimile or mechanically reproduced signature of such -officer, whether made heretofore or lrereafter;wherever`appearing upon a 'icertified_copy of any power-of-attomey,.of the Company, shall be valid and binding upon the Companywith the same force and affect as though: manually affixed IN WITNESS WHEREOF„ TheCompanies have caused these presents to be signed for each by theirofficers as shown, and the Corporate seals toite.lieretociefTecied this;; 19th day of February 19 96 . Seals nU�i7 �c�c"u�- Bruce G. Kelley, C airman Philip k ren,Senie Vice President of Companies 4 & 6; Presid t of of Companies,3 & 5 Companies 1 & 2 %.`l' 0`...0 IN$09 '.,. ,,ovo,4l n ` : 1953 e�b"^• :" ,,, and for Polk County, Iowa; personally appeared Bruce G. Kelley, Philip -T. Van- Ekeren, and " ,`.;'.;. •" Donald L. Coughennower, who being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Senior Vice President, and Assistant Secretary, °sou; uiu c, -., respectively, of each of The Companies above: that the seals affixed to this instrument are the ,e;; ,en,, ^ sc seals of said corporations; that said instrument was signed and sealed on behalf of each of g - The Companies by authority of their respective Boards of Directors; and that the said Bruce G. W SEAL o Kelley, Philip T. Van Ekeren, and Donald L. Coughennower acknowledge the execution,cf said +• ,°fs•...,,,,. ��P,, instrument to be the voluntary act and deed of each of The Companies "'•.,,,'OM,,,,,' My Commission Expires September 30, 1997. onald:L: Coughen Assistant Secretary . Ori this E-9 fay of .. . February AD 19 96 before•me a Notary Public irr: ✓S•: F %RUTH KRUMINS MY COMMISSION EXPIRES SEPTEMBER 30, 1991 Notary Public CERTIFICATE I, David L Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies, and this Power of Attomey issued pursuant thereto on February 19, 1996 on behalfof:Knight:Cashion, Benson A. Cashion,, Matthew Knight Cashion, Jr. ,.,Caria'Sue•Ho11iLs, , are true and correct and are still:;in fiil(force and effect. KTi1) tan R. Plegge - • In Testimony Whereof 1 hale subscribed my name and affixed the facsimile seal of each Company this day of FWD./83201M) - "For verification of the authentic' of the Power 'of-Attorrne ou rna call 515 .2$O-2689. Vice -President