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