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HomeMy WebLinkAbout28-06 RESOLUTIONRESOLUTION NO. 28-06 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $722,890 50 FOR WATER AND SEWER RELOCATION FOR HIGHWAY IMPROVEMENTS TO RAZORBACK ROAD; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $72,000 00, AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $314,231.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with Goodwin & Goodwin, Inc. in the amount of $722,890.50 for water and sewer relocation for highway improvements to Razorback Road. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of $72,000.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $314,231.00. PASSED and APPROVED this 7th day of February, 2006. ATTEST. By: C• G�.� S E:z% ▪ e GAS Y OF • • .;0. FAYETTEVILLE. Vse• .tel:Pitil St. :el 4 SONDRA SMITH, City Clerk APPROV By: / Af��� DAN COODY, Mayo ADDENDUM NO. 2 January 10, 2006 CITY OF FAYETTEVILLE RAZORBACK ROAD WATER AND SEWER REPLACEMENT AHTD PROJECT # 040399 MCE PROJECT NO. FY042166 The following changes are hereby made to the Project Manual and to the Drawings for the project referenced above. Proiect Manual: SECTION 01011, SITE CONDITIONS: Easements and Easement Side Letters The City of Fayetteville is still in the process of acquiring the easements required for the Highway 112 (Razorback Road) Water and Sewer Replacement project Easement Side Letters that become available during the bidding process will be issued by Addendum. If Easement Side Letters are obtained by the City of Fayetteville after the bids are opened, and if any conditions in these late Side Letters impact the cost of performing the work, an appropriate change order will be negotiated. If specific easements are unavailable at the start of the construction project, the Contractor shall coordinate his construction schedule to avoid these properties until the needed easement(s) are acquired. If the failure to have all easements available at the start and/or during the construction period results in delays in the completion of the project, the Contractor will be authonzed additional completion days as needed to address the easement delays By submitting his Bid, the Contractor acknowledges that all of the easements may not be available, that this fact may delay the project completion, and that he will not seek damages from the Owner due to these possible delays. This addendum consists of one page of written documentation. Except as amended by this addendum, the requirements of the project as set forth in the original bid documents shall remain in effect. This addendum must be acknowledged in the space provided on the Bid Form. W:\2004\042166\Addendum\ADDENDUM NO 2Aoc ADDENDUM NO. 1 December 14, 2005 CITY OF FAYETTEVILLE RAZORBACK ROAD WATER AND SEWER REPLACEMENT AHTD PROJECT # 040399 MCE PROJECT NO. FY042166 The following changes are hereby made to the Project Manual and to the Drawings for the project referenced above. Project Manual: Advertisement for Bid Section 00030 The bid date changes from January 4, 2006 at 2:00 p.m. to January 18, 2006 at 2:OOp.m. This addendum consists of one page of written documentation. Except as amended by this addendum, the requirements of the project as set forth in the original bid documents shall remain in effect. This addendum must be acknowledged in the space provided on the Bid Form. W:\2004042166WddendumWDDENDUM NO I.doc DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into on the 8th day of February, 2006, by and between Goodwin & Goodwin, Inc., Ft. Smith, AR herein called the Contractor, and the City of Fayetteville, Arkansas, Owner: - • WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: • • 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Razorback Road Water and Sewer Main Replacement, dated September, 2005. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond Maintenance Bond General Conditions Supplemental Conditions Specifications Drawings (See Sheet Index below) SHEET INDEX SHEET NO. SHEET DESCRIPTION 1 Cover 2 Index, Legend & Location Map 3-5 Razorback Road Water Plan / Profile 6 Railroad Crossing No.1, Highway Crossing No. 3 7 Highway Crossing Cross Sections 8-9 Details • • 2. That the City of Fayetteville hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: Seven Hundred Twenty -Two Thousand Eight Hundred Ninety & 50 /100 Dollars ($722,890.50) 3. The Work will be completed and .ready for final payment in accordance with the General Conditions within 120 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. FY042166 Razorback Road Water & Sewer Section 00500 - 1 • 4. Liquidated Damages: The City of Fayetteville and Contractor recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial loss if the Work is not • completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay the City of Fayetteville Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the City of Fayetteville until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the City of Fayetteville 6. That upon submission by the Contractor of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City of Fayetteville. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the City of Fayetteville in writing. 9. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas Freedom of Information Act request is presented to the City of Fayetteville, (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance. FY042166 Razorback Road Water & Sewer Section 00500 - 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: WITNESSES: Secretary ATTEST: City Clerk Goodwin & Goodwin Inc. CONTRACTO President Title • CITY OF FAYETTEVILLE, ARKANSAS OWNER By • Mayor FY042166 Razorback Road Water & Sewer Section 00500 - 3 m Bond Number B-80-475834 Document 00600-1 Construction Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address)- SURETY (Name and Principal Place of Business): Goodwin & Goodwin, Inc. 3503 Free Ferry Road Ft. Smith, AR 72903 OWNER (Name and Address): City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: February 8, 2006 Amount. $722,890.50 Description (Name and Location): BOND The Ci cirrati Insurarrz Cawy 6203 S. Gilmore Faad Circi.rmti, Qiio 45)14-5141 018111111111111401 1II II I II IIIIIIII I III IIIiV II I I D c ID e: LIE Recorded 02/�/58 0aTv 22006t 1:15 15 AM Fee Amt: $8.00 Paae 1 of 6 Washington Cou tv. AR Bette StampsI]C rcult Clerk F11eB027 00000682 Fayetteville Razorback Road Water and Sewer Main Replacement Date (Not earlier than Construction Contract Date): February 8, 2006 Amount: $722,890.50 Modifications to this Bond Form: n/a CONTRACTOR AS PRINCIPAL Company Goodwin & Go win, Inc. (Corp. Seal) / c ` Signatur1/4,j.411. Name and Titl 8 Own r Bryan Goodwi CONTRACTOR AS PRINCIPAL Company Signature: (Corp. Seal) Name and Title: SURETY Cq t any,(Corp Seal) Hie lncinnat Insurance mpg y Signature: Name and Title: SURETY Company ar torney-in-Fact (Corp Seal) Signature: Name and Title: EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors FY042166 Razorback Road Water & Sewer Section 00600-1-1 • 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to • arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such agreement shall not waive the Owner's: right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Oar. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right o perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and as soon a practicable after the amount is determined, tender payment to the Owner, or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4 and the Owner refuses the payment Tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2 or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the.responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract FY042166 Razorback Road Water and Sewer Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in• any court of competent jurisdiction in the location in which the Work or pan of the Work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of the Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 1 I. When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Constmclion Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 00600-1-2 } tHE CINCINNATI INSURANCE COMPANY— Fairfield, OMPANYFairfield, Ohio POWER ON ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under .the law of the State of Ohio, and having Its principal office in the City of Fairfield. Ohlo, does hereby constitute and appoint Sam B. Hiller; Larry R. Clark; Thomas L. Cooley; Vice/ L. Hiller; Scott R. Clark; Marty C. Clark and/or Janice A. Butler of Fort Smith, Arkansas its true and lawful Attorney(si.in.Fae; 10 sign, execute, real and deliver on its behalf as Surety. and as its act and deed, any and all bonds, policies, undertakings, or other like insttuments, as follows: Any such.obligations in the•united States, up to Ten Million and No/100 Dollars ($10,000.000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held In the principal office of the Company, a quorum being present and voting, on the 6th day of December. 1958, which resolution Ls still in effect "RESOLVED, that the President or any Vice President be hereby authorized and empowered to appoint Attorneys -in -Fact of the Company to execute any and all bonds. policies, undertaldngs, or other like Instruments on behalf of the Corporatiou, and may authorize anyofficer or any such Auorncy-In-Fact to affix the corporate seat and may with or without cause modify or revoke any such appoiamnent or authority. Any such writings so executed by such Attomcvs-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the -regularly elected officers of the Company.' This Power of Attorney is signed and soled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December. 1979. "RESOLVED, that the signature of the Presidan or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted and the signature of the Secretary and Treasurer and the seal of the Ctmtp;ury may be affixed by facsimile to any certificate of any such power and any such power of certificate heating such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and eertifced by certificate so executed and scaled shall, with respect to any band or undertaking to which it is attached. continue co he valid and bindingonthe Company." IN WTINESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these prevents to be sealed with hx tmrporatc scut, duly attested by its Senior Vice President this 14th day of April. 1996. STATE OF OHIO ) ss - COUNTY OF BUTLER ) THE ATI INSURANCE COMPANY Senior Vice President On this 14th day of April, 1996, before me came the above-tiamcd Senior Vice President of THE CINCINNATI INSURANCE COMPANY. to me personally known to be the officer described herein. and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly ;affixed and subscribed to said instrument by the authoritty and direction of sold corporation. %%t SIAL4.6.40 tC•• i Y%IJYI I.a..et !l Jf . 1%4-9 re{Cli:4l:ghtSi. 1. the undersigned Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further testify that the said Power of Attorney is still in MI force and effect. GWEN under my hand and seal of said Company at Fait-feld. Ohio. this 8th day of February IOr 2006 • HENRY G. BERLON. Anomey At Law Notary. Public State of Ohio My commission hos no expiration date.- Seaton ate.Section 147.03 R. C. • • B-80-475834 Document 00600-2 Construction Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) Goodwin & Goodwin, Inc. 3503 Free Ferry Road Ft. Smith, AR 72903 SURETY (Name and Principal Place of Business): the Cmoirnati Ins.¢arre Caring' 6200 S. Gi.lnore Read_ Cimamiti, Chio 45014-5141 OWNER (Name and Address): City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: February 8, 2006 Amount: $722,890.50 Description (Name and Location): Fayetteville Razorback Road Water and Sewer Main Replacement BOND Date (Not earlier than Construction Contract Date) Amount: $722,890.50 Modifications to this Bond Form. n/a CONTRACTOR AS PRINCIPAL eal) Company Goodwin & Goodwin, Inc. (Corp.p' Signature: Name and Titlner CONTRACTOR Company i1' ( • Signature: Name'and Title: 041 1a�C1 Bryan Go win AS PRINCIPAL (Corp. Seal) February 8, 2006 4 SURETY Company The Cincinnat, Insu ance Company (Corp Seal) Signature: Name and Title: SURETY Company ty C. Clark Attorney -in -Fact (Corp Seal) Signature: Name and Title: EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors FY042166 Razorback Road Water & Sewer Section 00600-2-1 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and • 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in paragraph 12) of any claims, demands, liens or suits and tendered defcnse of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and , with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1. Have famished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly.; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that arc undisputed and the basis for challenging any amounts that are disputed. • 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction contract and to satisfy claims, if any, under any Construction Performance. Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the Work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. FY042166 Razorback Road Water & Sewer The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 1. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the dale ( I ) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were fumished by anyone under the Construction Contract, whichever of(1) or (2) occurs first. If the provisions of This paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by the Surety, the Owner, or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the Terms 'labor, materials or equipment' that part of water, gas, power, light, heal, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and Contractor's sub contractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto: 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 00600-2-2 "THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OE ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized ender the lows' of the State of Ohio, and having Its principalofllce in the City of Fairfield, Ohio, does hereby constitute and appoint Sam B. Hiller; Larry R. Clark; Thomas L. Cooley; Vicci L. Hiller; Scott R. Clark; Marty C.. Clark and/or Janice A. Butler of Fort Smith, Arkansas its true and lawful Attomey(sbin-Fust to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, tmdenaldngs, or other Ilke instruments. as follows: Any such, obligations in the' United States, up to Ten Million and No/100 Dollars ($10,000,000,00). . This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Ctnupuny at a meeting held In the principal office of the Company. a quorum being present and voting, on the 6th day of December. 1958, which resolution is still in effect "RI3SOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -Fact of the Company to execute any and all bonds, policies. undertakings, or other like instruments on behalf of the Corporation, and may authorize :my. oWcer or any such Attorney -In -Fact to affix the corporate seal: ami may with or without cause modify or revoke any loth appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowlCxlged by the'regularly elected officers of the Company." This Power of Attorney is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called end held on the 7th day of December. 1975. 'RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile an any power of attorney granted and the signature of the Secretary and Treasurer and the seal of the Comp:uty may be affixed -by facsimile to any certificate of any such power and any such power of ecnifitaie hetuing such faesimilc signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and scaled shall, with respect to any bond or undertaking to which it is attached. continue CO he valid and binding -on the Company: IN WTINESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these ptesente to be sealed with IN corporate scal, duly attested by its Senior Vice President this 14th day of April. 1996. THE �C.1NNATI INSL'RANCE COMPANY STATE. OF OHIO ) ss: COUNTY OR BUTLER ) On this 14th day 0 April, 1996, before me came the above-named Senior Vice President of THE CINCINNATI INSURANCE COMPANY. to me personally known to be the officer described herein. and acknowledged that the seal affixed to the ptecediog instrument Is the corporate scal of said Company end the corporate seal and the signature of the officer wcrc duty affixed and subscribed to said instrument by the authority and direction of said corporation. • 64,1%444;A:: �iepriW E` •y ,PTA .__:r•9: ''earcttr,�t�rstSv L the undersigned Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and comxt copy of the Original Power of Attorney issued by said Company. and do hereby further certify that the said Power of Attorney is still In full forte and cffcet. • • GIVEN under my hand and seal of said Company at Fairfield Abdo. this 8th day 0 February hx 2006geeD • • Senior Vice President HENRY G. BERLON. Attorney At Law Notary. Public State of Ohio My commission has no expiration dote.. Semen 147.03 R. C. 111 AGORA. CERTIFICATE OF LIABILITY INSURANCE GOODW-3 CSR LT DATE/Y022/1414/0606 •- PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Brown -Hiller -Clark Laneark & Assoc. ONLYANHOLDERTXT HSCERTIFICATEDOESNOTAMEND,EENDOR CONFERSNORIGHTSUPONTHECERTIFICATE 5000 Euper Lane . O. Box 3529 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Smith AR 72913-3529 Phone:479-452-4000 Fax:479-484-5185 INSURERS AFFORDING COVERAGE NAIC# NSURED Goodwin & Goodwin, Inc. 3503 Free Ferry Road Fort Smith AR 72903 INSURER A: Cincinnati Insurance Company 10677 INSURER B: ciacianati Casualty Ccpeny 10677 INSU E C. INSURER D: INSURER E: COVERAGES ACORD 25 (2001/08) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ll ANY REQUIREMENT, TERM MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - 2IIIIIIIIIIIINNNNNNsyyyn UU'L NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTVE DATE IMMIDD/YY) POUCY EXPIRATION DATE (MM/DDWY) LIMBS LTR IJABILITY EACH OCCURRENCE $1,000,000 UAMAG! ICJ HtN Itu X X COMMERCIALGENERALLIABILITY CPP0874683 08/06/05 occurence 08/06/06 PREMISES (Ea ) E 500, 000 A CLAIMS MADE X OCCUR MED EXP (Any one person) $101000 PERSONALSADV INJURY 51,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $2,000,000 POLICY RO- PRO- ECT JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 X X ANY AUTO CPA0874683 08/06/05 08/06/06 (Ea accident A ALLOWNEDAUTOS BODILY INJURY $ D AUTOS SCHEDULED (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident ='t GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTOOTHERTHAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $2,000,000 A X OCCUR CLAIMS MADE CPP0874683 08/06/05 08/06/06 AGGREGATE $2,000,000 $ DEDUCTIBLE $ X RETENTION $ 0 $ WORKERS COMPENSATION AND X WC blAiU- TORY LIMITSI UER B EMPLOYERS' UABILT' WC2102042-01 08/06/05 08/06/06 E.L. EACH ACCIDENT $500,000 ANY PROPRIETOR/P$.RTNER/EXELUiNE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500,000 if yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $500,000 OTHER - DESCRIPTION OF OPERATIONS I LOCATORS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Razorback Road Water and Sewer Main Replacement, Fayetteville, AR; Additional Insured Clause in favor of City of Fayetteville, Owner & McClelland Consulting Engineers, Inc., Engineer, their officers, agents, and employees as respects General Liability and Automobile Liability coverage. CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI CITY -12 DATE THEREOF, THE ISSUING INSURERWILL ENDEAVOR TO MAIL 30 DAYSWRTTTEI City of Fayetteville, Owner & McClelland Consulting Engineers, Inc., Engineer NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHAT IMPOSE NO OBLIGATION OR LWBIUTY OF ANY KIND UPON THE INSURER, R5 AGENTS OR 113 West Mountain Street REPRESENTATIV S. Fayetteville AR 72701 AU D R ENE ^^ r^m onoArrnm do ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORD_ CERTIFICATE OF LIABILITY INSURANCE CSR LT GOODW-3 DATE (MMIDD/YYYY) 02/14/06 PRODUCER Brown -Hiller -Clark & Assoc. iii5500 Euper Lane P. O. Box 3529. Fort Smith AR 72913-3529 Phone:479-452-4000 Fax:479-484-5185 liINSURED THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Cityof Fayetteville, Owner & MClelland Consulting Engineers, Inc., Engineer 113 West Mountain Fayetteville AR 72701 INSURER A: Cincinnati Inturaace Company 10677 INSURER B. INSURER C: INSURER D: INSURER E: COVERAGES THE 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 AN CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SH�{yDUL LTR INSRC TYPE OF INSURANCE POLICY NUMBER POLICY DATE EFFECTIVE (MMR)D/YY) POLICY EXPIRATION DATE (MM/DDlYY) LIMITS III: GENERAL COMMERCIAL LABILITY GENERAL CLAIMS MADE ABILITY OCCUR CAP58668B0 02/14/06 - EACH OCCURRENCE S11000,000 02/14/07 1 PREMISES (Ea ocwrence) 5 X MED EXP (Any me person) $ X Owner/Contractor PERSONAL &ADV INJURY $ Protective Liab GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY n JECT I� LOC PRODUCTS - COMP/OP AGG S AUTOMOBILE LABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) 5 BODILY INJURY (Por accident) E PROPERTY DAMAGE (Per accident) 5 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EA ACC 5 AGG 5 - EXCESS/UMBRELLA LIABILITY CLAIMS MADE EACH OCCURRENCE S OCCUR AGGREGATE S 5 5 DEDUCTIBLE 5 5 RETENTION - WORKERS EMPLOYERS' ANY OFFICER/MEMBER yes.describe SPECIAL PROPRIETOR/PARTNER/EXECUTIVE COMPENSATION AND LABILITY EXCLUDED? under PROVISIONS below ITORWG Y LIMITS- I QIH- ER E.L. EACH ACCIDENT S E.L. DISEASE -EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ IliK OTHER ..-..-.....-.....n,,.f,,c,...,a Project: Razorback Road Water & Sewer Main Replacement, Fayetteville, AR CERTIFICATE HOLDER CANCELLATION GOODWIN Goodwin & Goodwin, Inc. 3503 Free Ferry Rd Fort Smith AR 70901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITI NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SF IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS 01 REPRESENTATIV S. AUT 1. ticirif EINE ACORD 25 (2001108) ©ACORO CORPORATION' • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be -endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • • ACORD 25 (2001108) City of Fayetteville Staff Review Form City Council Agenda Items Contracts February 7, 2006 City Council Meeting Date Sid Norbash, Staff Engineer Ara Engineering Submitted By Division Action Required: Operations Department Approval of a Resolution awarding the Construction Contract for Razorback Rd. Water & Sewer Relocation Project to Goodwin & Goodwin, Inc., in the amount of $722,890.50. Also approving a Project Contingency in the amount of $72,000 (10%), and the related Budget Adjustment. $794,890.00 Cost of this request 5400-5600-5608-00 Account Number 05014-2 Project Number Budgeted Item X $1,727,271 Category/Project Budget $142,547 Funds Used to Date $1 584,724 Remaining Balance • Budget Adjustment Attached X Razorback Road Water and Sewer Relocation Project Program Category / Project Name Water System Improvements Program / Project Category Name Water & Sewer Fund Name. City Attorney finance and 4 Mayor 131- o Date //54 ql/E rd for Date 16 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Comments: Saye lE .'ARKANSAS The City of Fayetteville, Arkansas rr City Council Agenda Memo • City Council Meeting Date: February 7, 2006 To: CITY COUNCIL Thru: Mayor Dan Coody Gary Dumas, Director of Operations David Jurgens, Water & Wastewater Director b Ron Petrie, City Engineer 09 From: Sid Norbash, Staff Engineer .1'+4 Date: January 27, 2006 Subject: Razorback Rd. Water & Sewer Relocation Project Award of Construction Contract Recommendation: Approval of a Resolution authorizing the award of the construction contract to Goodwin & Goodwin, Inc., in the amount of $722,890.50, for Razorback Rd Water & Sewer Relocation Project. Also approval of a Project Contingency in the amount of $72,000 (10%), and the related Budget Adjustment in the amount of $314,231 Background: The Arkansas Highway & Transportation Department (A.H.T.D.) has a current construction project (Job 040399) for widening of Hwy '112 (Razorback RD.) from 15th Street to 6th Street. In order to clear the way for the widening project by A.H.T.D., portions of the existing water and sewer facilities serving this area will have to be relocated. Per prior approval by the City Council, McClelland Consulting Engineers, Inc. completed the design for the construction of this project in December of 2005. Discussion: This project was advertised in December 2005, and official bids were received on January 18, 2006. Five bidders submitted bids and the results are as follows: Garney Construction Company C-2 Projects, LLC T -G Excavating, Inc. S & J Construction Company Goodwin & Goodwin, Inc. McClelland Engineers' Estimate $867,900.00 $796,756.00 $755,555.00 $743,785.07 $722,890.50 (Low Bidder) $783,685.00 The project is partially reimbursable by A H T D and a previous agreement between the City of Fayetteville and A.H.T.D. has been approved by the Council. In this agreement, based on estimated quantities and preliminary data gathered by McClelland Consulting Engineers, the percentage of reimbursement was set at 87.48%. When the design was finalized and bids were received, new reimbursement factors were calculated by McClelland based on the final design. The new percentage of reimbursement is 45.64%. For additional information please refer to the attached memo from McClelland Engineers The primary reason for the decrease in the reimbursement rate is that the relocation of a 24" sewer main was included in the original calculations. This was nearly 100% reimbursable by A.H.T.D. After meeting with A.H.T.D. representatives it was determined that this sewer main did riot need to be moved, thus reducing A.H.T.D 's reimbursement to the City of Fayetteville. Additional funding is needed because of the above mentioned reduced rate of reimbursement, and also because Project Contingency was not included in the original estimates. Budget Impact: Budget Division has prepared the following details on budget impact: Razorback Road Utility W/S Relocations: (05014) AHTD Job: 040399 AHTD Letter: July 26, 2005 (Budget Adjustment Prepared on This Information) Cost Area Construction Engineering Engineering (Prelim) Easement Health Fees Advertising Costs AHTD Letter: January 20, 2006 Budget 1,280,037 72,684 22,800 350,750 500 500 1,727,271 % AHTD Reimbursement 87.48% 52.65% 0.00% 66.11% 87.48% 87.48% 80.52% AHTD Reimbursement 1,119,776 38,268 231,881 437 437 1,390,800 City Contribution 160,261 34,416 22,800 118,869 63 63 336,471 Cost Area Construction (Equivalent) Construction (Upgrade) Sub Total Construction Project Contengency Engineering Engineering Contra Easement Health Fees Advertising Costs Project Budget Budget Needed/(Reduced) % AHTD AHTD City Estimated Reimbursement Reimbursement Contribution 492,765 230,126 722,891 72,000 139,758 15,000 53,350 500 315 1,003,814 1,727,271 (723,457) 45.64% 0.00% 31.11% 45.64% 45.64% 45.64% 45.64% 45.64% 45.64% 35.18% SN/sn Attachments: Construction Contract Vicinity Map Bid Tabulation Sheets & McClelland's Memo Budget Adjustment 224,898 224,898 32,861 63,786 6,846 24,349 228 144 353,112 1,390,800 (1,037,688) 267,867 230,126 497,993 39,139 75,972 8,154 29,001 272 171 650,702 336,471 314,231