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HomeMy WebLinkAbout155-11 RESOLUTIONRESOLUTION NO. 155-11 A RESOLUTION AWARDING BID #11-50 AND APPROVING A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $119,250.00 FOR THE CONSTRUCTION OF A NATURAL GAS SERVICE LINE TO THE BIOSOLIDS FACILITY, AND APPROVING A FIVE PERCENT (5%) PROJECT CONTINGENCY 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 awards Bid #11-50 and approves a contract with Goodwin & Goodwin, Inc. in the amount of $119,250.00 for the construction of a natural gas service line to the biosolids facility. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a five percent (5%) project contingency. PASSED and APPROVED this 6th day of September, 2011. APPROVED: B r /� LDJf ` � .# ATTEST: (Mead/ SONDRA E. SMITH, City Clerk/Treasurer David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/6/2011 City Council Meeting Date Agenda Items Only Utilities Capital Projects Division Action Required: Utilities Department Approval of a construction contract with Goodwin & Goodwin, for $119,250.00, for the construction of Biosolids Facility Natural Gas Service Line, Bid 11-50, and approval of a 5% contingency of $6,000. 125,250.00 Cost of this request 4480.9480.5315.00 Account Number 02133.0620 Project Number Budgeted Item Depart � t Dire c: r . tto ney 5,589,962 Category / Project Budget 4,305,382 Funds Used to Date 1,284,580 Remaining Balance Budget Adjustment Attached (1_,A art Finance and Interna! Services Director Date /y -i1 Date 2 -0- zo„ F .441 Date 8/010 Date Biosolids 11 Gas Line Program Category / Project Name Wastewater Sys !mpry Project Program / Project Category Name Water and Sewer Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City08-1 3-1 1 P03:48 RCVD Clerk's Office Comments: Revised January 15, 2009 lve eville CITY COUNCIL AGENDA MEMO MEETING DATE OF SEPTEMBER 6, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Co Date: August 16, 2011 Subject: Construction contract with Goodwin & Goodwin, for $119,250.00, for the construction of Biosolids Facility Natural Gas Service Line, Bid 11-50 RECOMMENDATION City Administration recommends approval of a construction contract with Goodwin & Goodwin, for $119,250.00, for the construction of Biosolids Facility Natural Gas Service Line, Bid 11-50, and approval of a $6,000 contingency (approximately 5%). BACKGROUND The biosolids drying projects are nearing completion. The solar houses are complete and in operation. This summer, these units have been able to dry the material to 85-90% solids, although normal operations expect to produce a range of 40 - 70% solids. Thermal dryer construction will be complete in late October. This dryer will dry the biosolids to over 90% solids, producing a class A biosolids product which will be marketable as a soil amendment. Prior to these installations, the City hauled an average of 15 tractor trailer loads of biosolids weekly to landfills in Lamar or Russellville. Fuel prices and tipping fees made the landfill operation cost prohibitive and unsustainable. A gas pipeline is required to put the thermal dryer in service; the dryer is scheduled for completion September 9, 2011. This pipe, plus approximately 6,600' of pipe that will be installed using in-house crews, will connect gas service from the gas meter at the Noland WWTF on Fox Hunter Road to the biosolids site on Wyman Road east of the White River. Once completed, we will be able to dry all biosolids in house, preventing hauling to landfills, and allow for virtually unrestricted and unlimited use of the product. DISCUSSION This Contract provides for the installation of 450 feet of 4 -inch steel pipe by directional drilling underneath the White River. Bids opened on August 16, 2011; the only bid received was from Goodwin & Goodwin. Their $119,250.00 bid is under the $120,000 certified for this project. Staff recommends awarding the contract to the lowest responsible bidder, Goodwin & Goodwin. They have successfully completed a number of other projects for the City in recent years. BUDGET IMPACT Funds are available in the WSIP project budget. Telecommunications Device forthe Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION AWARDING BID #11-50 AND APPROVING A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $119,250.00 FOR THE CONSTRUCTION OF A NATURAL GAS SERVICE LINE TO THE BIOSOLIDS FACILITY, AND APPROVING A FIVE PERCENT (5%) PROJECT CONTINGENCY 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 awards Bid #11-50 and approves a contract with Goodwin & Goodwin, Inc. in the amount of $119,250.00 for the construction of a natural gas service line to the biosolids facility. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a five percent (5%) project contingency. PASSED and APPROVED this 6th day of September, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLLE AND CONTRACTOR THIS AGREEMENT is dated as of the (0 day ofin the Year 20 , and between the CITY OF FAYETTEVILL and GOODWIN & �� b y GOODWIN, INC. 1. GOODWIN & GOODWIN, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: BIOSOLIDS FACILITY NATURAL GAS SERVICE LINE, WHITE RIVER CROSSING 2. GOODWIN & GOODWIN, INC. shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. GOODWIN & GOODWIN, INC. shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO PROCEED and completed and ready for final payment within 60 calendar days. GOODWIN & GOODWIN, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $500 for each calendar day thereafter that the WORK is not complete. 4. GOODWIN & GOODWIN, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the BID PROPOSAL. 5. The term CONTRACT DOCUMENTS shall mean and include the following: 5.1 Invitation to Bid 5.2 Information for Bidders 5.3 Supplemental Information for Bidders 5.4 Bid Proposal 5.5 Bid Bond 5.6 Agreement Between Owner and Contractor 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual for Biosolids Management 5.13 Change Orders 00500.doc 6. The CITY OF FAYETTEVILLE shall pay GOODWIN & GOODWIN, INC. in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. MISCELLANEOUS 8.1. Terms used in the 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 in 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. City of Fayetteville and Contractor each binds itself, it 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 expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a 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 costs pursuant to the FOIA may be assessed for this compliance. 00500.doc 2 8.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and GOODWIN & GOODWIN, INC. have signed this Agreement in triplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and one counterpart has been delivered to Contractor. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and Contractor or identified by Engineer on their behalf. OWNER CITY OF FAYETTEVILLE CONTRACTOR OVLIA) pod +A) Ln. Att.. eZ``�mmmemdcS :'�\IY OF••G��: v ` • RPORATE SEAL] : FAYETIEVILLEp ‘Y/ iG ,,,o Address for giving notices: 113 W. Mountain Fayetteville, AR 72701 [CORPORATE SEAL] 7011 ) ATTEST ._ „z - Address for giving notices: 3503 Free Ferry Road Fort Smith, AR 72903 License No. 00169604 (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 00500.doc 3 (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 00500 00500.doc 4 Tivt e ARKANSAS BID:11-50 DATE: 08116111 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-50, Construction - Biosolids Facility Natural Gas Service Line, White River Crossing Re -Bid 1 Goodwin & Goodwin, Inc. $119,250.00 *NOTICE: Bid award Is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: P. VICE, PURCH MGR TNE55 DA E SECTION 00310 BID PROPOSAL LOCATION: CITY OF FAYETTEVILLE, ROOM 306 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 DATE: August 16.201L 2:00 co.m. LOCAL TIME Proposal of co tf r kAtin -1C Address: 35 5 'r SAA +fit /c 72 7 Bid For: CONSTRUCTION -- BIOSOLIDS FACILITY NATURAL GAS SERVICE LINE, WHITE RIVER CROSSING RE -BID Bid Submitted to: City of Fayetteville Purchasing — Room 306 113 W. Mountain Fayetteville, AR 72701 BIDDER will complete the Work for the price listed below. Unit prices shall be shown on Page 4. Total Base Bid: c' VI 12 50 -444 41%).91-t i $19:22 Amount in Words Figures The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with CITY OF FAYETTEVILLE in the form included in these Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in these Contract Documents. BIDDER accepts the provisions of the 00310.doe 1 Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract Time specified. BIDDER accepts all of the terms and conditions of the Information for Bidders, including without limitation those dealing with the disposition of BID SECURITY. This Bid will remain open for ninety (90) days after the day of Bid Opening. BIDDER will sign the Agreement required by these Contract Documents within ten (10) days after the date of CITY OF FAYETTEVILLE'S Notice of Award. In submission of this BID, BIDDER represents, as more fully set forth in the Agreement, that BIDDER has examined all CONTRACT DOCUMENTS (including but not limited to Advertisement, Invitation to Bid and the Information for Bidders) and the following ADDENDA: Failure to list alI necessary Agenda issued by the OWNER or the ENGINEER could mean the BID submitted by the BIDDER may be deemed unresponsive and not read publicly. In submission of the BID, BIDDER represents, that they have examined the site and locality where the Work is to be performed, the legal requirements (Federal, State and Local Laws, Ordinances, Rules and Regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. In submission of the BID, BIDDER represents, that this BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. The BIDDER represents that they have not directly or indirectly induced or solicited any other BIDDER to submit a false or sham BID. The BIDDER represents that they have not solicited or induced any person, firm or corporation to refrain from bidding and have not sought by collusion to obtain for themselves any advantage over any other BIDDER or over the CITY OF FAYETTEVILLE. All terms used in the BID are defined and have the meanings assigned to them in the General Conditions of these Contract Documents. Attached to this BID FORM is the required Bid Security in the form of a Bid Bond or Certified Check in the amount of five (5) percent of the Total Bid Amount. 00310.doc 2 MIME submitting this BID is: A Corporation, incorporated in the State of rVensas ❑ A Partnership, consisting of the following partners, whose full names are: An Individual whose full name is: n vu-ri General Contractor Locn igned By Title S -16 -tel/ Date -f/Lge_ /-eA-4,7,0 Address / �< 7zQc)3 -41671----657-7?-a6 y7y- Telephone Number & Fax 60 /49669'- Contractor's 49669'- Contractor's License Number 00310.doc 3 Item Approx. Unit Price No. Item Description Oty. Unit In Figures Total 1 Installation of 4 -inch steel carrier pipe by horizontal directional drilling (HDD) 450 LF /0 444 dollars ��- $ i 19,22' 0442 4ondiGi n�.� 0 Total Base Bid in Words ',Loo 4.}1,0_10& t} 643 Total Base Bid in Figures �I19,zso END OF SECTION 00310 00310.doc 4 SECTION 00311 BIDDER'S STATEMENT OF SUBCONTRACTORS The undersigned BIDDER proposes and agrees, if this BID is accepted, to use the following proposed subcontractors on this Work: NAME BUSINESS ADDRESS WORK TO BE PERFORMED 70/ tget)2 f.Zie /Ai lie eco -Q 2. 3. 4. 5. 6. The undersigned BIDDER agrees that sixty percent (60%) of the Work will be required to be performed with his own forces unless a variance is requested and granted from the CITY OF FAYETTEVLLLE. Date: y--- ze5, Si 00311.doc 1 (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 00311 00311.doc 2 BHaC Braune • Wi ler • Clark &Asmawtes 5500 Euper Lane PO Box 3529 Ft, Smith, AR 72913 (479) 452-4000 www.bhca.com Bid Bond KNOW AT,T, MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) Goodwin & Goodwin, Inc. 3503 Free Ferny Road Fort Smith, AR 72903 as Principal, hereinafter called the Principal, and (Hera in.eeri fish name rn l address nr legal title nf_Cliraty) Cincinnati Insurance Company P. O. Box 145496 Cincinnati, OH 45250-5496 a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, arc held and firmly bound unto (Here insertfull name and address or legal title of Owner) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID Dollars ($ 5% ), for the payment of which sum well and truly to be mode, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Bid -11.50 - Biosolids Management Facility Natural Were Service Line White River description ross ng,aRe-BBiedct) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in amordance with the Terms of such bid, and give such bond or bonds es may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, Otherwise to remain in frill force and effect. day of August Goodwin & Goodwi 2011 Cincinnati Insurance Company (Seal) Beth Solomon , Attorney -in -Fact f ill Cocument A310ng -1976. Copyright ®1963 and 1970 by The American institute or Architects. TAE CINCINNATI INSURANCE COMPANY • Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Marty C. Clark; Sam B. Hiller; Larry R. Clark; Scott R. Clark; Janice A. Butler; Scott Taylor and/or Beth Solomon of Fort Smith, Arkansas its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No/100 Dollars ($20,000,000.00). 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 is 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, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such 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 acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed 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, 1973. "RESOLVED, that the signature of the President 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 or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile 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 sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its 'corporate seal, duly attested by its Vice President this 10th day of October, 2008. STATE OF OHIO ) ss: COUNTY OF BUTLER ) THE CII CINI> AT1 INSURANCE COMPANY _4414 Vice Presi ' en On this 10"' day of October, 2008, before me came the above-named Vice President of THE CINCINNNATI 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 offioer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. Baa %A k 8 �.$�Cb attlE/i._ I f 1 VPIA e I, the undersigned Secretary or Assistant 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 certify that the said Power of Attorney is still in full force and effect. MARK J. IIULL,ER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. this GIVEN under my band and seal of said Company at Fairfield, Ohio. 16th `aY of Augtillatt, 2011. BN -1005 (W/08) Ven .. •..:::;;. �_:.,'p ...., .. u:;a Pufgiia!!:e•grder) r; •:1A9 Y : x11 ac+Ehieitdlalljq:Paiiichastit:e.maFF:I oz.1,0 hitaairake Stine ac+o: z Vendor Vendor dame! Address; City. Fort Smith Requester. David Jurgens Item 293 Description 3503 Free Ferry Road Quantity State: AR Unit of Issue Unit Cost Goodwin & Goodwin Extended Cost Requisition No.: 'P.O Number. pats: 811102011 Expected Uellvery Date: ASAP Mall Yes: x Zip Code: Ship to code; 72903 Requesters Employee it 490 Account Numbers No: No: Divi Approval: 1 rr 1 2 3 4 5 6 7 8 9 10 Hlosolids Management - Gas Service Line Bld 11-50 1 ea 119,250.00 5119,250.00 4480-9480_5315.00 Prole bproject # {lir 02133.0620 Quotes Attached Yes: Inventory it No:T,x� Fixed Asset # 50.00 50.00 50.00 50.00 50.00 50.00 50.00 $0-00 50.00 Shipping/Handling Lot 50.00 'Spada) Instructions: Bid 10.60 Approvals: Mayor. Department Director: Finance & Internal Services Director. Budget Manager. Dispatch ivtanager: Utilities Manager. Subtotal: Tex: Total: 9119,250.00 5119,250.00 Purchasing Manager. IT Manager. Other: Ravisad 1 SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVI/LLE AND CONTRACTOR THIS AGREEMENT is dated as o the (p day ofin the year 20 1 1 by and between the , ITY OF FAYETTEVILLE and GOODWIN & GOODWIN, INC. 1. GOODWIN & GOODWIN, I , C. shall commen and complete all Work as specified or indicated in the C. tract Docume s. The WORK is generally described as follows: BIOSOLIDS FACILITY NATU RIVER CROSSING L G SERVICE LINE, WHITE 2. GOODWIN & GOODWIN, INC. sha ' furnish all materials, supplies, tools, equipment, labor and other service nece.s: y for the completion of the WORK described herein. 3. GOODWIN & GOODWIN, INC shall co ence the WORK required by the CONTRACT DOCUMENTS o or before a d to to be specified in the NOTICE TO PROCEED and complet- . and ready for " al payment within 60 calendar days. GOODWIN & eOODWIN, INC. shall pay the CITY OF FAYETTEVILLE, as liq ' 5 ated damages, the sum of $500 for each calendar day thereafter that the WOR s not complete. 4. GOODWIN & GOO WIN, INC. agrees to perform . 1 of the WORK described in the CONTRAC 1 OCUMENTS and comply with terms therein as shown in the BID PROP r4 SAL. 5. The term CO RACT DOCUMENTS shall mean and incl . de the following: 5.1 1 i 'tation to Bid 5.2 nformation for Bidders 5.3 Supplemental Information for Bidders 5.4 Bid Proposal 5.5 Bid Bond 5.6 Agreement Between Owner and Contractor 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual for Biosolids Management 5.13 Change Orders 00500.doc 1 6. The CITY OF FAYETTEVILLE shall pay GOODWIN & GOODWIN, INC. in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. MISCELLANEOUS 8.1. Terms used in the 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 in 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. City of Fayetteville and Contractor each binds itself, it 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 expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a 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 costs pursuant to the FOIA may be assessed for this compliance. 00500.doc 2 8.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and GOODWIN & GOODWIN, INC. have signed this Agreement in triplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and one counterpart has been delivered to Contractor. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and Contractor or identified by Engineer on their behalf. OWNER CITY OF FAYETTEVILLE BY Mayor Lioneld Jordan [CORPORATE SEAL] CONTRACTOR BY [CORPORATE SEAL] ATTEST ATTEST Address for giving notices: Address for giving notices: 113 W. Mountain 3503 Free Ferry Road Fayetteville, AR 72701 Fort Smith, AR 72903 License No. 00169604 (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 00500.doc 3 (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 00500 00500.doo City of Fayetteville Staff Review Form ,-cziWIM. City Council Agenda Items and Contracts, Leases or Agreements N/A - Mayor's Approval City Council Meeting Date Agenda Items Only Shannon Jones Utilities Capital Projects Utilities Submitted By Division Department Action ate uirea: Approval of a $3,180 change order with Goodwin & Goodwin, Inc. to reconcile construction quantities and install additional 12 feet of pipe @ $2651ft. $ 3,180.00 Cost of this request 4480.9480.5315.00 Account Number 02133.0620 Project Number Item 0 City J $ 6,000 Category / Project Budget $ - Funds Used to Date $ 6.000 Remaining Balance Budget Adjustment Attached Biosolids II Gas Line Program Category / Project Name Wastewater Sys Impry Project Program 1 Project Category Name Water and Sewer Fund Name ZI Previous Ordinance or Resolution # Date IIOriginal Contract Date: Original Contract Number: Date 16 - I'a - zo I t Finance and Internal Services Director Date y Mayor In -:l -1i 155-11 9/6/2011 2207 Received inCity10-27_1 1 P03:43 RCVD Clerk's Office Date Eltr`' Received in Mayor's Office Date Revised Janua 09 a e'ttVi1e AR To: Mayor Lioneld Jordan Thru: David Jurgens, Utilities Director 9 Don Marr, Chief of Staff Fayetteville Water and Sewer Com ittee From: Shannon Jones, Utilities Engineer, Date: October 25, 2011 CONTRACT CHANCE ORDER MEMO THE CITY OF FAYETTEVILLE, ARKANSAS Subject: Approval of $3,180 change order with Goodwin & Goodwin, Inc. to reconcile construction quantities and install additional 12 feet of pipe @ $265/ft. RECOMMENDATION City Staff recommends approval of $3,180 change order with Goodwin & Goodwin, Inc. to reconcile construction quantities and install additional 12 feet of pipe @ $265/ft. BACKGROUND The biosolids drying projects are nearing completion. The solar houses are complete and in operation. This summer, these units have been able to dry the material to 85-90% solids, although normal operations expect to produce a range of 40 - 70% solids. Thermal dryer construction will be complete in late October. This dryer will dry the biosolids to over 90% solids, producing a class A biosolids product which will be marketable as a soil amendment. Prior to these installations, the City hauled an average of 15 tractor trailer loads of biosolids weekly to landfills in Lamar or Russellville. Fuel prices and tipping fees made the landfill operation cost prohibitive and unsustainable. A gas pipeline is required to put the thermal dryer in service; the dryer is scheduled for completion September 9, 2011. This pipe, plus approximately 6,600' of pipe that will be installed using in-house crews, will connect gas service from the gas meter at the Noland WWTF on Fox Hunter Road to the biosolids site on Wyman Road east of the White River. Once completed, we will be able to dry all biosolids in house, preventing hauling to landfills, and allow for virtually unrestricted and unlimited use of the product. DISCUSSION The Contract with Goodwin & Goodwin, Inc. provided for the installation of 450 feet of 4 -inch steel pipe by directional drilling underneath the White River. The actual length of pipe installed was 462 feet. The pipe was installed a minimum of 5 feet below the bottom of the White River. The top of the bank on the east side of the river was slightly higher than originally anticipated. Consequently, the additional length of pipe was necessary to account for the bending radius of the pipe from below the river to the top of the bank on the east side. BUDGET IMPACT Funds are available in the WSIP project budget. The Council approved a $6,000 contingency for the project. The project will be closed out after final payment and $2,820 will be returned to the fund balance. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72703 e ev' le AN KANSAS Change Order No. I Page 1 of 1 RECONCILIATION CHANGE ORDER City Contract# 2207 Schedule City Rcsoultion # 155-11 Date I0/19/2011 City Project No.: 02133.0620 Project Name: Biosolids Facility Natural Gas Service Line Location: Fayetteville, AR Owner. City of Fayetteville Contractor: Goodwin & Goodwin, Inc. Address: 113 W. Mountain Address: 3543 Free Ferry Rd. Fetteville, AR 72701 Fort Smith, AR 72903 THE FOLLOWING CHANGES ARE HEREBY AMENDED INTO THE CONTRACT PLANS AND SPECIFICATIONS: ITEM # DESCRIPTION DECREASE INCREASE 1 Change Order to reconcile construction quantities Install additional 12 feet of pipe® $265/6 $3,180.00 TOTAL DECREASE AMOUNT $0.00 $3,180.00 TOTAL INCREASE AMOUNT NET CHANGE ORDER $3,180.00 ENGINEERS FINAL CHANGE TO CONTRACT AMOUNT: TOTAL AMOUNT $1 19.250.00 ELIGIBLE AMOUNT $119.250,00 Original Contract Amount Total Previous Change Order(s) Net Amount This Change Order $3.1 80.00 $3,180.00 TOTAL CONTRACT AMOUNT TO DATE $122,430.00 $122,430.00 CHANGETO COI≥LTRACT COMPLETION DATE: Original Completion Date 11 -Nov -II Previous Adjusted Completion Date (lncrease)(Decrease) This Change Order Calendar Days NEW CONTRACT COMPLETION DATE: 11 -Nov -I1 RECOMMENDED: CITY OF FAYETTEVILLE Construction bservcr BY: Construction & Contract Manager SignaturiV Title D' e RECOMMENDED: 1 Y OF FAYETTEVILLE En rr BY: Utilities Engineer Signature Title ate ACCEPTED: Goodwin & Goodwin Inc. Contract BY: t&j Signature Title Date APPROVED: CITY OF F TTEVILLE • caner BY: Mayor Sin urc Title a[e I5€ -fl Bond #B0358804 DOCUMENT 00610 -- PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that Goodwin & Goodwin, Inc. 3503 Free Ferry Road Fort Smith, AR 72903 as Principal, hereinafter called Contractor, and Cincinnati Insurance Comnanv P. O. Box 145496 Cincinnati, OH 45250-5496 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 l lll4li11I11I i1111111N 14f111till 1111111I1111111111111111111111 II 11l Doe ID: 014197500004 Type: LIE Kind: PERFORMANCE BOND Recorded: 09/12/2011 at 08:21:00 AM Fee Amt: $30.00 Pace I of 4 Washinaton County. AR Bette Stamps Circuit Clerk FileBO3O-00000718 ONE HUNDRED NINETEEN THOUSAND TWO as Obligee, hereinafter called Owner, in the amount of HUNDRED FIFTY AND NO/100THS Dollars (. 5119.250.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firrnly by these presents. WHEREAS, Contractor has by written Agreement datedS 10 Zo Lk , entered into a contract with Owner for construction of Rincnlic4c Farillty Natural r;ac SPrvirp i ina_ Whitp Rivpr Crnccina which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 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: 00610 -Performance Bond.doc 00610-1 DOCUMENT 00610 — PERFORMANCE BOND: (continued) A. Complete the Contract in accordance with its terms and conditions, or: B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination 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 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 thel 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 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, ;administrators, or successors of the Owner. - Signed and sealed this _ day of ! CONTRACTOR - (CORPORATE SEAL) Goodwin & Goodwin, Inc. 006 10 -Performance Bond.doc 00610-2 DOCUMENT 00610 -- PERFORMANCE BOND: ' (continued) SURETY • - COUNTERSIGNED: Resident Agent State of Arkansas - Cincinnati Insurance Company By By. Beth Solomon, Attorney -in -Fact Elizabe A Solomon ATTORNEY -IN -FACT - (CORPORATE SEAL) (T 1s Bond shall be accompanied with Attorney -in -Fact's authority from Surety) Approved as to .Form: Attorney for City of Fayetteville END OF DOCUMENT 00610 00610 -Performance Bond.doc 00610— 3 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TIE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Marty C. Clark; Sam B. Hiller; Larry R. Clark; Scott R. Clark; Janice A. Butler; Scott Taylor and/or Beth Solomon of Fort Smith, Arkansas its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No/100 Dollars ($20,000,000.00). 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 6's day of December, 1958, which resolution is 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, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any. such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such 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 acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed 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 7'" day of December, 1973. "RESOLVED, that the signature of the President 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 or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile 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 sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10's day of October, 2008. 6;a-S TIE C TI INSSURANCECOMPANY AL STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 10th day of October, 2008, before me came the above -named 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 authority and direction of said corporation. .•�' IAk -•►y W MARK Jr.." H LLER, Attorney at Law Cwt NOTARY UBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. -:sasmstw I, the undersigned Secretary or Assistant 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 certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of 0 %taw. a° ooarow►u � .SEAL 4 BN-1005 (10/08) Secretary 55-1I Bond# B0358804 OCUMENT 00611-- LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with'Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. I l 1OW AI.,L MEN BY THESE PRESENTS: that Nlllllllllllllll I1L11I IlI111l1IIIl1LIlIIII1I1I1l I1 liii I Doc ID: 014197510005 Type: LIE Kind: PERFORMANCE BOND Goodwin & Goodwin, Inc.. Recorded: 09/12/2011 at 08:22:48 AM Fee Amt: $35.00 Pace I of 5 Washinaton County. AR 3503 Free Ferry Road Bette stamps Circuit Clerk FileB030-00000719 Fort Smith, AR 72903 as Principal, hereinafter called Contractor, and Cincinnati Insurance Company P. O. Box 145496 Cincinnati, OH 45250-5496 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount. of ONE HUNDRED NINETEEN THOUSAND TWO HUNDRED FIFTY I Dollars t $119,25000 ' for the AND NO/IQUTHS payment whereof Principal 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 9 I (l &W entered into a contract with Owner for construction of Biosolids Facility Natural Gas Service Line, White River Crossing which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or 00611- Labor & Mat3 Payment Bond.doc 00611—I DOCUMENT 00611 —LABOR AND MATER'LAL PAYMEN'T BOND: (continued) 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 following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor 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 pact of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract., B. The above named Contractor 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 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials we 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, C. No suit or action shall be commenced hereunder by any claimant: l . Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days•ater such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom 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 addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this 00611- Labor & Marl Payment Bond.doc 0061.1— 2 DOCUMENT 00611- LABOR AND MATERIAL PAYMENT BOND: (continued) . Bond is prohibited by any Law controlling the construction bereeI suchlimitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 3. Other than in a. state court of competent jurisdiction in and for the county or other political subdivision of the state in which theProject. any part thei•eoty is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond'shalh 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 &and. Signed and sealed this day of CONTRACTOR (CORPORATE SEAL) Goodwin & Goodwin, Inc. SURETY COUNTERSIGNED: Resident Agent State of Arkansas Cincinnati Insurance Company By 5L54W Beth Solomon, Attorney -in -Fact By Elizabeth A Solomon ()0611- Labor & Mad Payment Bood.doc .00611 —3 I DUCIJMEA"T Q0611 —LABOR AND MATERIAL PAYMENT BOND: (continued) AfORNFY-IN_FACT - - (CORPORATE SEAL) (This Bond shall be accompanied with ' Attorney -in -Fact's authority from Surety) , Approved as to Form: Attorney for City of Fayetteville END OF DOCIDAENT 00611 , !� 7 00611- Labor & Mali Paym=t Bond.doc 00611— 4 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Marty C. Clark; Sam B. Hiller; Larry R. Clark; Scott R. Clark; Janice A. Butler; Scott Taylor and/or Beth Solomon of Fort Smith, Arkansas its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No%100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following land votd ing, by the e Board tda of DirectorsDecember, fsaid Co pany at a meeting held in the principal office of the Company, a quorum being present g, y resolution is 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, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such 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 acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed 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, 1973. "RESOLVED, that the signature of the President 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 or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile 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 sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10th day of October, 2008. THE ci�rdri INSURANCE COMPANY g SEAL Vice Presiders STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 10th day of October, 2008, before me came the above -named 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 seat and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. aaannrrrry 'V,gi pl SF's 3 MARK J. H LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO ►�! My commission has no expiration p?* date. Section 147.03 D.R.C. I, the undersigned Secretary or Assistant 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 certify that the said Power of Attorney is still in full force and effect GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of 3 WRPMTI �� ecretary SEAL OHIO BN-1005 (10/08) (55.11 OP ID: LT CO/eLY CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 08/18/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy{ies) must be endorsed. 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). PRODUCER 479-452-4000 Brown -Hiller -Clark & Assoc. 479-484-5185 5500 Euper Lane P. O. Box 3529 Fort Smith, AR 72913-3529 Marty C. Clark CONTACT NAME: Linda E. Thomas PHONE 479-452-4000 o: 479-484-5185 Arc No Eat E-MAIL lindathamas bhca.com ADDRESS: PRODUCER G•OODw-3 CUSTOMER ID#: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Goodwin & Goodwin, Inc. 3503 Free Ferry Road Fort Smith, AR 72903 INSURER A :Cincinnati Insurance Company 10677 INSURER B: Cincinnati Casualty Company 10677 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE NUMBER MOLIICY EFF PPOLICY POMMLICY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X Ind Contractual CPP0874683 08/06111 08/06112 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED PREMISES Ea occurrence) $ 500,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 Liability GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X[51 PRO- E1 LOC PRODUCTS - COMP/OP AGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS CPA0874683 08106111 08/06112 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ — PROPERTY DAMAGE (Peraccidenq $ X X $ $ A UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE CPP0874683 08106/11 08/06/12 EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 DEDUCTIBLE RETENTION S $ X $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYR ANY PROPRIETORIPARTNERIEXECUTIVE Y I N (Mandatory In NH)R EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC2102042 08/06/11 08106/12 X WC STATU- 0TH - IT R E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE 500,00 E.L. DISEASE - POLICY LIMIT $ 500,00 DESCRJPT10N OF OPERATIONS! LOCATIONS I VEHICLES Attach ACORD 101, AdditlonalRemarks Schedule, if more space Is required) RE: Biosolids Facility Natura Gas Service Line, White River Crossing CERTIFICATE HOLDER CANCELLATION CITY -12 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fayetteville, AR ACCORDANCE WITH THE POLICY PROVISIONS. Utilities Department 113 West Mountain AUTHORIZED REPRESENTATIVE Fayetteville, AR 72701 AA © 1988-2009 ACORD CORPORATION. All rights res ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD SECTION 00640 WARRANTY BOND We, Goodwin & Goodwin, Inc. , as principal ("Principal"), and Cincinnati Insurance Company, P. O. Box 145496, Cincinnati, OH 45250-5496 as surety ("Surety"), are hereby jointly and severally held and firmly bound unto the City of Fayetteville, as Obligee ("Owner"), for the payment of One hundred twenty-two thousand, four hundred thirty and no/l 00 Dollars ($ 122,430 :00 ), subject to the terms and conditions provided herein. WHEREAS, Principal executed and entered into that certain Agreement with Owner for Biosolids Facility Natural Gas Service Line, White River Crossing dated December 6 , 20 11 (the "Contract"), the provisions of which are incorporated herein by reference, and unless otherwise defined herein all defined terms used or referred to herein shall have the meaning ascribed thereto in the Contract. In addition to other obligations and liabilities, the Contract required Principal to perform the Work for the Project and to furnish this Bond to Owner in compliance with Article 5 of the General Conditions and the Supplementary Conditions. NOW THEREFORE, the obligations of Principal and Surety herein shall remain in full force and effect as provided herein, subject to becoming null and void upon the occurrence of either or both of the conditions that (a) Principal shall fully perform and satisfy all obligations and liabilities of Principal under the warranty and guarantee provisions of Sections 13.1 and 13.12 of the General Conditions, as modified or supplemented by the Supplementary Conditions or any other applicable Contract Documents, at any time within two years after the date of Final Acceptance or such longer period of time as may be prescribed therein(the " Warranty Period"), all of which includes without limitation either correcting the defective Work, or removing and replacing it with nondefective Work, or paying all direct, indirect or consequential costs of such correction or removal and replacement, all as provided therein, or (b) Owner shall fail to institute a lawsuit, action or other proceeding under this Bond before the expiration of three (3) months following the end of the Warranty Period. 00640.doc 1 FURTHER PROVIDED, that (a) any changes, modifications, amendments, alterations or supplementations in or to the Contract, and Contract Documents or the Work, or the giving by Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either Owner or Principal to the other, shall not in any way release the Principal or Surety, or either of them, from their liability hereunder, notice to the Surety of any of the foregoing being hereby waived, (b) in no event shall the aggregate liability of Surety exceed the amount set out herein, and (c) the rights and obligations hereof shall be binding upon and shall inure to the benefit of Principal, Surety, Owner and their respective heirs, legal representatives, partners, privies, successors and assigns, provided that nothing herein shall authorize the assignment of any such rights and obligations except upon compliance with Section 9.2 of the Contract. Date of project final completion is November 1. 2011 . The bond shall effective for a period of two years. Executed on the ilth day of December 20 11 Witness: ) Attest: Cincinnati Insurance Company Surety Beth Solomon, Attorney -in -Fact END OF SECTION 00640 eat) 006r40.doc 2 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Marty C. Clark; Sam B. Hiller; Larry R. Clark; Scott R. Clark; Janice A. Butler; Scott Taylor; Beth Solomon and/or Sarah Day of Fort Smith, Arkansas its true and lawful Attorneys) -in -Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Million and No/1OO Dollars ($2O,OOO,OOO.OO). 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 6m day of December, 1958, which resolution is 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, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such 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 acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed 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 7m day of December, 1973. "RESOLVED, that the signature of the President 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 or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile 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 sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company," IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10th day of October, 2008. THE CICINlh INSURANCE COMPANY a tmlrowln I pN10 Vice Presided STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 10s' day of October, 2008, before me came the above -named 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 authority and direction of said corporation. MARK J. H LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant 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 certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 7th day of December, 2O11 0SEAL O N l e BN-1005 (10/08) Secretary