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HomeMy WebLinkAbout214-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 214-18 File Number: 2018-0540 BID #18-47 GOODWIN & GOODWIN, INC.: A RESOLUTION TO AWARD BID #18-47 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $245,081.50 FOR THE CONSTRUCTION OF THE RUPPLE ROAD WATER LINE PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $36,750.00 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 awards Bid #18-47 and authorizes Mayor Jordan to sign a contract with Goodwin & Goodwin, Inc., a copy of which is attached to this Resolution, in the amount of $245,081.50 for construction of the Rupple Road Water Line Project, and further approves a project contingency in the amount of $36,750.00. PASSED and APPROVED on 10/16/2018 Attest: Lisa Branson, Deputy City Clerk ,��•�� IREA��►/,fr OF . ■ �Ri{A r Y- • Cj . Page 1 Punted on 10/17/18 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0540 Agenda Date: 10/16/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 BID #18-47 GOODWIN & GOODWIN, INC.: A RESOLUTION TO AWARD BID #18-47 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $245,081.50 FOR THE CONSTRUCTION OF THE RUPPLE ROAD WATER LINE PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $36,750.00 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 awards Bid # 18-47 and authorizes Mayor Jordan to sign a contract with Goodwin & Goodwin, Inc., a copy of which is attached to this Resolution, in the amount of $245,081.50 for construction of the Rupple Road Water Line Project, and further approves a project contingency in the amount of $36,750.00. City of Fayetteville, Arkansas Page 1 Printed on 10/17/2018 City of Fayetteville Staff Review Form 2018-0540 Legistar File ID 10/16/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 9/28/2018 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval awarding a contract in the amount of $245,081.50 to Goodwin & Goodwin, Inc. for the construction of the Rupple Rd. Water Line Project and approval of a project contingency of $36,750.00 (15%). 5400.7200.5600-5808.00 Account Number 12009.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Water and Sewer Budget Adjustment Remaining Budget $ 3,445,088.23 V20180321 Purchase Order Number: Change Order Number: Original Contract Number: Previous Ordinance or Resolution # Approval Date: Comments: Item cost reflects contract of $245,081.50 plus a contigency of $36,750.00 for a total item cost of $281,831.50. Fund Water System Rehabilitation/Replacement Project Title Current Budget $ 6,603,704.00 Funds Obligated $ 2,876,784.27 Current Balance $ 3,726,919.73 Item Cost $ 281,831.50 Budget Adjustment Remaining Budget $ 3,445,088.23 V20180321 Purchase Order Number: Change Order Number: Original Contract Number: Previous Ordinance or Resolution # Approval Date: Comments: Item cost reflects contract of $245,081.50 plus a contigency of $36,750.00 for a total item cost of $281,831.50. CITY OF FAYETTEVILLE ` ARKANSAS St„ MEETING OF OCTOBER 16, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: September 27, 2018 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $245,081.50 with Goodwin & Goodwin, Inc. for the construction of the Rupple Rd. Water Line Project and approval of a project contingency of $36,750.00 (15%). RECOMMENDATION: Staff recommends City Council approval awarding a contract in the amount of $245,081.50 to Goodwin & Goodwin, Inc. for the construction of the Rupple Rd. Water Line Project and approval of a project contingency of $36,750.00 (15%). BACKGROUND: The City of Fayetteville Engineering Division has prepared the design for this project. The project includes Installation of approximately 1,590 linear feet of 12" water main along the west side of Rupple Road beginning just south of the Owl Creek School and heading south. This water main is part of the 12" grid that is shown on the City of Fayetteville Master Water Plan. The installation of this portion of the grid will provide multiple points of connection for developments that are currently approved for this area. These connection points will provide additional flow and create the looping that is necessary to provide continual water service to this area. DISCUSSION: On September 26, 2018, the City received seven (7) construction bids for this project (Bid No. 18-47). Goodwin & Goodwin, Inc. submitted the low bid which was approximately 30% below the Engineer's Estimate of $353,950.00. Engineering staff recommends awarding this contract to Goodwin & Goodwin, Inc. The contract time is 210 days (7 months) for final completion. BUDGET/STAFF IMPACT: Funds are available in the Water System Rehabilitation project. Attachments: Section 0500 Agreement Bid Submittal Bid Tab Vicinity Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Rupple Road Waterline Improvements Contract No.: 18-47, Construction THIS AGREEMENT is dated as of the 16th day of October in the year 2018 by and between The City of Fayetteville, Arkansas and Goodwin & Goodwin, Inc. (hereinafter called Contractor). ARTICLE I - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: Installation of approximately 1,590 LF of 12" PVC water main along Rupple Road south of Owl Creek School. Any use of a third party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400 -Bid Form for quantities: ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville 00500 Agreement 00500-1 DOCUMENT 1)()50() — AGREEMENT (continued) Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 180 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 210 calendar days after the date when the Contract Times commence to run. 3.03 LQ IDATED DAMAGES:. A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially 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 Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 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. 1. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 DOCUMENT 00500 - AGREEMENT (continued) 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT (continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Agreement 00500-5 DOCUMENT 005114 - AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500-6 DOCUMENT 00500 -- AGREEMENT(continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Rupple Road Waterhrne_Improvements 8. Addenda numbers inclusive. 00500 Agreement 00500-7 DOCUMENT 00500 - AGREEMENT (continued) 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. 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. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his 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. 00500 Agreement 00500-8 DOCUMENT 00500 — AGREEMENT (continued) 8.04 SEVERABILITY: A. 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 The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City 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, the 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. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics` of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts 00500 Agreement 00500-9 DOCUMENT 00500 -- AGREEMENT (continued) each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on October 16 Effective Date of the Agreement. CONTRACTOR: Goodwin & Goodwin, Inc. By. Bryan Goodwin (Type or legibly print) -3 P�' &J." (Signature) 2018, which is the CITY OF FAYETTEVMLE iLE President Title: Mayor 00500 Agreement 00500-10 DOCUMENT 00500 — AGREEMENT (continued) Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) Attest (SEAL) Attest �<<1111II►►'►► 00500 Agreement 00500-11 DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices 3503 Free Ferry Road Fort Smith, AR 72903 License No. 0016960418 Agent for Service of process Bryan Goodwin (Type or legibly print) (Signature) Address for giving notices 113 W. Mountain St. Fayetteville _AR 72701 Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity Approved As to Form - or LLC, attach evidence of authority to sign.) By: ✓ - - Attorney For: Z END OF DOCUMENT 00500 00500 Agreement 00500-12 Ad CITY OF �� FAYETTEVILLE ARKANSAS 08.27.2018 09.03.2018 Number of Addendur 0 Certified Bid Award: $ 353.950.00 Max Award Amount: $ 442,438 00 Construction - Rupple Rd. Waterline Improvements Official &d Tabulatlon Uoneld Jordan, Mayor Bid No 1847 Date: 09-26.2018 Time: 2:00 PM li CPPD, eI,.. nasllSa Manger /J1r__n Date Ground Zero Construction, Brothers Construction, Inc Diamond C Construction Gofns Enterprises, Inc Goodwin & Goodwin, Inc Inc Mission Contractors, LLC Tri-Star Contractors ITEM ESTIMATED UNIT UNIT UNIT UNIT UNIT UNIT ,0 UtSCRIPI ION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 Act 291 1993 Trench and ExcavaoonSystem for Water and IS 1 5 20,00000 5 20,000 DO 5 3,680.00 $ 3,680.00 $ 10,00000 5 10,000.00 $ 2,00000 5 2,000.00 5 1,50000 $ 1,500.00 S 4,70000 5 4,700.00 5 1,00000 5 1,000.00 Sewer Installation 2 Traffic Control &Maintenance LS 1 5 15.00000 S 15.00000 5 2.87500 S 2.815.00 5 5.000.00 S 5.00000 S 5,00000 5 5,000.00 $ 2.224.39 $ 2.224.39 S 145000 S 1,450.00 5 4,000.00 5 4.00000 3 Monihrauon (Shall not exceed 5% S 1 $ 13,000.00 $ 13,000.00 $ 2,702 50 5 2,702.50 5 12,000.00 5 12,000.00 $ 10,000.00 5 10,00000 $ 4,91109 $ 4.91109 5 11,000.00 S 11,000.00 5 12,553.00 5 12,553.00 of Scheduled &M 4 Site Preperation(Clearing, S 1 $ 30,000.00 $ 30,000.00 5 345000 $ 345000 $ 5,00000 5 5,000.00 5 45,00000 $ 45,00000rS1ff3_812 461.45 $ 46145 $ 7.300.00 S 7,300.00 S 5,00000 5 5,000.00 GrubDln & Ocmolinonl 5 'nsurance& Bondingc5 1 5 20,000.00 S 20-00000 S 1,150.00 S 1.15000 S 12.000.00 S 1700000 S 1S-000.00 S 15.00000 S 13.81243 S 9.500.00 5 9.50000 $ 3.954 75 S 3.954 75 6 Construction Stalon S 1 5 12.00000 5 12,00000 S 5.175.00 5 5.175.00 5 3,00000 5 3,00000 5 3000.00 S 3.00000S 2.16997 S 3.500.00 S 3,50000 S 3.50000 S 3.50000 7 12" PVC, 0900, Cass 200 DR -14 LF 1,585 S 60.00 5 95,100.00 $ 5192 $ 82,29320 S 6000 $ 95,11X1DO S 57.00 $ 90,345.00 $ 88,760 00 $ 69.00 5 109.36S00 $ 75 00 5 118,875.00 Water Main8 8' PVC, G900. Cass 200 OR 14 LF 20 $ SD00 $ 1,000.00 5 54.63 $ 1,092.60 $ 55.00 $ 1,100.00 5 50.00 S 1,000.00 4500 $ 900.00 $ 48.00 $ 960.00 5 6500 $ 1.300.00 Water Main 9 6" PVC C 900, Cass 200 DR 14 LF 12 5 42.00 $ 504 00 S 51.28 5 615 36 $ 50.00 $ 600.00 S 50.00 $ 600.00 S 41.00 5 492.00 $ 43.00 $ 516.00 5 5500 $ 66000 Water Main 10 12' Butterfly Valve with Box EA 5 S G.00000 1 S 30.00000 S 2.55300 S 12.165.00 S 3,50000 S 17.500.00 S 3.460.00 5 17,300.00 5 2,808.42 5 14,04230 5 4,00000 S 20,00000 5 3.50000. S 17.50000 11 8" Gate Valve with Box EA 1 S 3.500001 $ 3.50001 S 1437.50 5 1.43750 S 2.000.00 S 2.000.00 S 2.00000 S 2.00000 S 1,735.23 5 1,735.23 S. 2.30000 5 2.300.00 S 2.20000 $ 2,200.00 12 Concrete Anchor Collar EA 2 S 6.000.0015 12,00000 S 93715 5 1,87450 S 1.000.00 5 20001)0 S 1.275.00 S 2..550.00 S 1.35525 S 2.71050 S 90000 S 1.80000 S 2.500.00 S 5.000.00 13 1 hree Way Fire Hydrant Assembly EA 2 S 7,00000 S 14,000.00 $ 4,272.25 $ 8,544.50 $ 4,500.00 $ 9,000.00 $ 5,800.00 $ 11,600.00 S 6,600.18 5 13,200.36 $ 4,600.00 5 9,200.00 S 5,2 DO DO 5 10,40000 with Valve 14 Epoxy Coated Ductile Iron Fittings LB 6,000 5 1.00 $ 6,00000 $ 8.54 5 51,240.00 $ 1000 $ 60,000.00 5 0.01 5 60.00 S 5.24 $ 31,440.00 5 600 $ 36,D0000 S 800 5 48,000.00 15 24" Direct Bu.ry Steel Encasement LF 45 S 110.00 5 4,950.00 5 131.62 $ 5,922.90 $ 250.00 $ 11.250.00 5 200.00 $ 9,000.00 5 155.42 S 6,993.90 S 161.00 S 7,245.00 5 200.00 5 9,00000 16 Remove Cap &Connect New 12' S 1 5 10,000.00 S 10,00D.00 $ 1,34550 S 1,345.50 $ 2,000.00 $ 2,000.00 $ 3,500.00 5 3,500.00 $ 1,966.89 5 1.985.89 $ 1,250.00 5 1,250.00 S 4,00000 S 4,00000 Main to Existing 12" Main 11 Rock Excavation CY 150 S 1.00 5 150.00 5 276.00 S 41400.00 5 1.00 S 1501X1 S 0.01 5 1.50 S 250.00 S 31.500.00 5 150.001 S 22.500.00 S 10000 S 1S.D0000 19 4" Concrete Sidewalk Repair SY 25 S 5500 S 1,375.00 S 8395 S 2.098.75 S 50.00 5 1.250.00 S 65.00 S 1.62500 S 156.16 S 3.904.00 S 125.00 S 3,12500 S 5000 S 1.25000 19 Site Restoration S 1 S 15.000.00 S 15.00000 S 11.395.00 S 11.385.00 S 10.000.00 S 10,000.00 S 15,1700.00 $ 15.000.00 5 7.90541 S 7.905.41 S 8.00000 S 8,000.00 S 7.000.00 S 700000 20 Site Photo raphs &Video S 1 S 10,00000 S 1(X000.00 5 1,150-0 S 1,15000 5 2.0011-00 S 2,000.00 $ 1.500.00 5 1.500.00 5 2,691.81 S 2,69181 S 3.500.00 5 3.50000 S 2.000.00 S 2.00000 21 Erostion Contod S 1 S 7,50000 S 7-500.00 5 7,015.00 S 7.015.00 5 3-00.00 5 3.000.00 S 9.000.00 5 9.000.00 S 6.894 22 5 6,954.22 S 4.1700.00 I S 4.000.00 5 3.50000 S 3.500.00 70TAL OW 510 5 3210'79.00 5 249,212.31 1 5 263.95000 1 5 345.081.50 I $ 246.235.75 S 261,211 OD I S 275,692.75 li CPPD, eI,.. nasllSa Manger /J1r__n Date I I)OCCliliENT 00 140 —BIDDER'S U ALIFICATION STATCMENT: Contract Name: Rupple Road Waterline Improvements Bid #: 18-47, Cons ruction Date: 7- � SUBMITTED TO: 0 The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company 06 W * w`n Name Wtn Address � feix -R0.164 Principal Office To( j S/r, nr arporation, rtnership, individual, joint venture, other Arkansas State General Contractor's License Number 9'60 (Type or legibly print) EXPERIENCE STATEMENT Bidder has been engaged as a General Contractor in construction for apo years and has performed work of the nature and magnitude of this Contract fora years. Bidder has been in business under its present name for 256 years. 2. Bidder now has the following bonded projects under cd'ntract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) 00140 -Bidder Qualifications 00140-1 DOCUMENT 00140 --BIDDER'S QUALIFICATION STATEMENT; (CONTINUED) 3. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. NO 5. Bidder normally performs the following work with his own forces: 'Pon--? 5 mTo s 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): Ltz u0 r3 r -VUJ�l Cqf ctl z_ r L -f -c Lz-)V-�. Z2,q 6 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: i N At _amu rance ?.o ,:Eox LtAv- 9 . o S 2, 50 stag , Bidder's Workmen's Compensation Experience Modifier Factor is: % i Z 5 -- 00140 -Bidder Qualifications 00140-2 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: Ca NUEU Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: Z.2018 (OFFICIAL SEAL) Name of Organization:. c� wr Al By�.� - - (Type or legibly print) By (Signature) rz Title (Type or legibly print) (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 00140 -Bidder Qualifications 00140-4 I 1 U I I 11 DOCUMENT 0400 -BID FORM Contract Name: Rupple Road Waterline Improvements Bid Number: 18- 47, Construction BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder;; f r, Cry C1 -t AJ20 911, nuf Nr- -T 2-9o3 ARTICLE I- FNTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONOITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400 -Bid Form 00400-1 —W I IDOCUMENT 0400 -BID FORM (continued BID SCHEDULE EST. UNIT ITEM NO, DESCRIPTION UNIT QTY PRICE TOTAL Act 291 1993 Trench and Excavation System 4 ) �� 1 for Water and Sewer Installation LS IrOpo • 2 . Traffic Control & Maintenance LS 1 rr 7jo G� o6t5 Mobilization 3 (Shall not exceed 5% of Schedule Bid LS ] Site Preparation 4 1 (Clearing, Grubbing & Demolition) LS I _ cco is (51 V O o G l 5 Insurance and Bonding LS 1 J 6 Construction Staking LS I 12"PVC, C-900, Class 200 DR -14 7 0 3 4 + 7 Water Main LF 1585 8" PVC, C-900, Class 200 DR -14 8 Water Main LF 20 6" PVC, C-900, Class 200 DR -14 9 Water Main LF 12 10 12" Butterfly Valve with Box EA 5 60 '7-) O O V+ 11 8" Gate Valve with Box EA 1 2000 2,600,E 12 Concrete Anchor Collar EA 2 --77 7— S 5.0 Three Way Fire Hydrant Assembly ., 13 with Valve EA 2 aa Ub0 r k Q) 14 Epoxy Coated Ductile Iron Fittings LB 6000 o O 15 24" Direct Bury Steel Encasement LF 45 Zoo — 000 Remove Cap & Connect New 12" Main rj IF 3.; 16 to Existing 12" Main LS I3 (:)(Q oo 5 17 Rock Excavation CY 150 + V 18 4" Concrete Sidewalk Repair SY 25 l0 0400 -Bid Form 00400-5 -14 EST. UNIT ITEM NO. DESCRIPTION UNIT QTY PRICE TOTAL 19 Site Restoration LS ] Dbi� �' toco 20 Site Photographs & Video LS I0 t7 5 00 21 Erosion Control LS 100 000 170TOTAL AMOUNT BID �' The City intends to award to the lowest responsive responsible bidder based on the evaluation of the sum of Schedule 1, Schedule 2 and Schedule 3. Bidders shall bid on both schedules. Failure to bid on all Schedules shall result in bid rejection. ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the. Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a bank located in the State til' Arkansas or a Bid Bond in the amount of .1 t Ii evty Dollars {$ (3,`aa" } B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. 0400 -Bid Form 00400-6 0 r 110 19 DOCUMENT 0400 -BID FORM continued ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: trq&n G 04WLam, --- r`` I Z 903 OA Email C S<o d O COM Phone No. 41,9, 6 5 L - Z Fax No. LO , 7�93 7 6 5 0400 -Bid Form 00400-7 DOCUMENT (1400 -BID FORM (continued) A Corporation or I.LC Corporation Name: GC)OaW i� kGcoo vi,, .;c- (SEAL) State of Incorporation: Type (General Business, Profession ervice mited Liability): By: (Signature of general partner -attach evidence of authority to sign) ie or printed):t7-Y21-�4'?'•j, �? (Signature of Corporate Secretary) FE SEAL) Business address: 390S Free airr . totem Sri VAR Ar ??543 Phone No: 19669� !.- 7321 Fax No. gj9 • -V?3 • 702;--57' Email Address: 'p)? oA- 0 6 <e - Tax ID Number (TIN} r� � - 4 -1 DUNS # (00 Le k45 + Q Z Z Cage Code:, S' V V K 6 END OF DOCUMENT 00400 0400 -Bid Form 00400-9 11 DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: Rupple Road Waterline Improvements Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work: Subcontractor's Name Expected Percentage and Address or Value Utility Installation lt�l�++x.�,�{��,: - T��- SWPPP/Erosion Control Clearing/Demolition Concrete Landscaping Material Testing .. Other (designate) NOTE: This form must be submitted in accordance with the Instructions to Bidders. IJV ane - 00430 -List of Subcontractors END OF DOCUMENT 00430 00430-1 Z'� I r1 ri ' I v ., Mara Than 4 Promho 5500 Euper Lane PO Box 3529 Ft. Smith, AR 72913 (479) 452-4000 www.bhca.com Bid Bond KNOW AT.i. MEN BY THfiSE PR,ENFNTS, that we. (Here insert full name and address or legal title of Contractor) Goodwin & Goodwin, Inc. 3503 Free Ferry Road Fort Smith, AR 72903 as Principal, hereinafter called the Principal, and (Herr. insert full nnnre and nddrP.ts nr legal title of .Surety) 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, are hold and firmly bound unto tHere insert full 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 aum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executorb, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Rupple Road #18-47 {Plcre.tnsert fie[t name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Ohliaee in menrrianri-with the terms of such biri, and give such bond or bonds as 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 j ve 9uch bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specitied 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 full force and effect. day of September 2018 Goodwin & Goodwin, Inc. (T rincipul) - (Scalj (Tirly' r Cincinnati Insurance Company (Surerf i 7'. tl e) {SerrJ] Elizabeth A. Solomon , Attorney -In -Fact AIA Document A310Ye —1970. Copyright O 19153 and 1970 by me American inslllute of Archltects. TIIE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNAT[ 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; Elizabeth A. Solomon; Shannon C. Schmidly; Mary Ann Justice and/or William Scott Whittenberg 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 GI" 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 714 day of December, 1,973. "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 811 day of March, 2017. THE CINCINNATI INSURANCE COMPANY �WRleAllTf � a SEAL 04'a H c Vice President STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 811i day of March, 2017, 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. �tititirli n irrrrrrr O MARK J. li l f Ffi, Attorney at Law %d, NOTARY PUBLIC - STATE OF OHIO my commiaelon has no r�'�►���Qu���� date. Section 147.03 O.R.C. tratlon 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 26th day of September, 2018 ,s aanrarurE Tyr J Secretary SEAL 6N10 • BN -1005 (3/17) GOODWIN & GOODWIN, INC. General, Plumbing & Utility Contractor 3503 Free Ferry Road Fort Smith, AR 72903 Cell (479) 651-7321 Fax (479) 783-7555 lT Y O F PoCo LA, vr— 5eW e -C T rean-,e�oT ?LAN 1' (4eel - Wic vel l 6N5 . GJST (Q,5 rr•� t 100/o CpMp�-fe Cr Y OT- -FAyettev► t Ire / �Y15 � Com, &ST (0 `o C-0ri.�le I 'p- (Z e C > o -T -Fon- -5. -,-�" 44W Ll �J e wg- Puvy-\-? c�-�j Cis 0 cg's �ft-7 cry ca Torr ssM-,,T14 CCtq Ov F&gQtAeu%U1 e 6f G n� — C,'-s,i o f 7►L/r A- C ✓5 5 0 Y -Z, a r)-\ p e E,Ars G " & Ac VQr• JK (r w M c ec tl a ` 61�iw1S , 6vU r 4=mS, 01 ploy i 09/13/2016 14:50 4796462659 HAWINS AND CO PAGE 01/02 STATS Off' ARMNSAS OFFICE OF THE SECRETARY' OF STATE ARTICLES OF INCORPORATION ui i l:i ;::; i q j rtes GOODWZN & GOODWIX, INC_ The undersigned, natural Wan years or mo 6, One acting as incorporators of atcorporationhe e of tundex~the Arkansas Business CarpOration Act of' 1987, adopt the following articles of incorporation of such Corporation; FIRST: The Name of the Corporation ,is: Goodwin & Goodwin, Inc. SECOND: The organized are; purpose ax purposes for which the C6rporation is To engage in the and as a construction business as a genera]:• contractor 4ubacrntractor, including plumbing contracting, and general c❑n8tructlOn, and all type$ of Construction, and to enter into contracts with property owners for the construction of improvem$nts on their property and the installation ot. Plumbing systems and heating and air conditioning syystems, and to Ongaga in repair work ,including repair of plumbing systems and treating and air conditioning systema and all forms of repair with respect to structures and the systems thereof, and to engage in remodeling work, and to engage in residential constructaan, commexcial conotxuctian, and industrial construction, and to contract with respect to all of such purposes, and to own real estate and to construct improvements thereon and to sell said real estate and to develop :teal estate developments Including commercial, residenti 4l, acid industrial real estate developments, and to snt with r-especti er �.nto leases to prape�rty owned by the corporation, and to contract with respect to all Of the hizery�and to conduct any lawzulbusiness autordbtheArkan Arkansas Suginess CQrpoxation Act of 1907. The corporation, acting through its Board of Directors, shall be authori¢od to enter into any general or limited P-artnerahi with any other person, firm, or corporation for the purp pses of ce"xrying out any of the Objects or purpos$$ of the corporation. THIRD: The aggregate number of shares which the corporation sriall have the authority to issue is 2,000 shares. The designation of each class, the nuAber of shares of each Class, or a statement that the shares of any class are without par value, are as tollo'ws: 09/13/2016 14:50 4796462659 HANKINS AND GQ NUMBER ajP SHARES CLASB SERIES (IF ANY) 2,000 Common none PAGE 02/02 PAR VALUE PER SHARE Ort STATEMZNT WHAT SHARES ARE WITHOUT PAR VALUP, No Par FOURTH. The address of the initial registered office of this aorpoxatian is: 8009 Texas Road, Fort Smith, AH 72903 and the nage of the initial, registered agent at such addres.e i0: Bryan..Q.00.dwin E'1FTH'- The number of Directorzseanatituting the initial. Board of Directors is 2 and they trill Servs as directors until the first annual in seting of sharsholdars or until their 8U00asaors axe elected and ,qualified. The number of directors to be elected at a spacial meeting called for that purpose when shares of tbia corporation become ownad of record by two shareholders, shall be two.F and the number of directors to be elected at a epeGial meeting called for that purpose when shares of this corporation become owned of record by more than two shareholders, shall be three. The Board of Directors shall have the the numberautTjprity to fix or change of directors to the extent allowed by the Axk$nsas Business Corporation Act of 1987. SIXTH: The name and address of each incorporator is: NAHE STREET ADDRESS CITY A STATE Bryan Goodwin 8009 Texas Road Fort Sinith, AR 72903 Sara V. Cbodwin 8009 Texas Poad Fort Smith, AR 72903 SEVENTH: At all elections of Directors of this c scxPox4t3vn, c;ach ?�8]CehaXder shall he entitled to as many Votes as shall equal the number of votes which (except for thase- provisions as to cumulative voting) hg would be entitled to cast for the election of directors with respect to his shares multiplied by the number of directors to be elected, and he May cast all such votes for a single director, or may distribute them among the number to he voted foir, or any two or more of tham, as he may ase fit. DATED: —121101 1992 SIGNATURE OF r COR ORATORS! brya G000w n ..o ,. Sara V , Gaodwln . �"" 09/13/2016 15:01 4796462659 HANKINS AND M PAGE 01/09 �u 5 c l*1))Ar+'caie V c 4sel C;Ho lv� I 09/13/3016 15,81 4796462659 HoWINB AND CO PuEF 82/09 OF ���� J� INC.°~^w�°",��.�~����~��'~."^n����^. ANAPXANSAS CORY011,knON Table of Contems ARTICLE I 0MCES .................. l ARTICLE 11 SHAMHOLDERS ........................................................... 1 0wdun 1 Sectiou2 AmiW 1 ~-~^....... --'-~.^'~'~.................. 1 8uodnu3 Place of .............. ~.,^.,....................... ................. I Section 4 NO�unof Meeting .................. -................. ........... ~....... l SectionS Section6 Section 7 ~.°~~...~.--~^--.-'_'~-_--___-_ I Proxies .............................................................. .................. 2 Voting nfSham ....... ............... -......... ....................... ,.... 2 seudno7 Preemptive Rights .,-......... .... ......^`............... 2 ARTICLE BOARD OF DIREMRS ............................................... % Section1 Section 2 General Powers .......................................... ........................ 2 Number, Tenure and Qualifications .................................... 2 Scodom 3 Regular Meetings .-.............. ............................... _........... 2 0qcdou 4 Section 5 Quorum ~.~~~^.^.-^^^~^'~~~^'~~~^~'~^'~~~~~--'----^ Manner of ....°..~.-__~.........^~~...~~ 3 Qomtimo 6 3 Section 1 section 2 scalon3 Smd1un4 X111hber,..~..',`~^~~^^~^~^~^^^'^'~-^-~--~~~'~'~~^-^' 4 Eloobtnand Tqzmmf ................................................ 4 ^~~~°~~--~~~—�'....... _. 4 vac-Fmxnics ........................................................ 4 Soctom 5 8mution 6 lbmIrenbdetit............................................... ....................... 4 The Sccrlwwy, ..................^... ............ ... ... .................... 4 09/13/2016 15:01 4796462659 I FINS " CO ARTICLE V CONTRACTS, LOANS, CHECKS Aid] DEPOT'S Section1 cowhats.... ...... I... ...................................................... ......... Scation2 LMS ............................................................................:.Q...» Soulon 3 :0804 lkleft, Etco .......N ........................................1.1.4....... Section 4 Deposits ............. ................................................................. ARTICLE VI CERTMCATES FORSHARES See6ou I CeltifiCatC3 f4V Sh=s ....................................................... Section2 'Ttansfer of Sbam ............................................................... ARTICLE W FISCAL :YEAR ................... — .......... I ................ I ................ ARTICLE VUl SEALS ................ I ................... I I ........... -- ARTIMM........................................................ FW -E: 03/09 2 4 4 5 5 5 6 09/13/2016 15:01 4796462659 HANKIN5 AND CO PAGE 04/09 BY-LAWS OF GOODWI v` & GOODWIN9 INC. ARTICLE T OFFICES The principal office of the corporation shall be located at 3503 Free Ferry Road, Fort Smith, Arkansas 72503. ARTICLE 11 .SHAREHOLDERS SacnoN 1 AMNUALMzmNcs T%e annual meeting of the. shareholders shall be held during the fourth week.of the month of January In each year, beginning with the year 1994, at a time convenient to the shareliclders for the purpose of electing Directors and for the transaction of such other business asp may come before the meeting, SECTION 2 SPE04 MEEM03 Special meetiogs of the shareholders, for any purpose or purposes, unless otherwise prescribed by statute, may be called by the President or by tete Board of Directors and shall be oiled by the President at the request of the folders if not less than, one-tenth of aid the otrwranding shares of the corporation entitled to vote are at the meeting. 8EC'r1ON 3 ,PLACE OPMEE71NC T wBosrd.of Directors may designate any place, elther within or without the State of Arlaansas, as the place of meeting for any annual or special me -ting of shareholdcss. If to designation in made, the plaeo of tweeting shall be the principal office of the corporation. SEcnoN 4 Nance of lv1UTmto Written or printed notice storing the place, day and hour of the muting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten or more than firs days before the date of the meeting, either persomally or by mail, by or at the direction of the President, or the Secretary, or the ofka or persons calling. the a meeting, to each shareholder of ==d entitled to vote at swh meeting, If mailed, 13uch notice shall be deemcd to be delivered when deposited iu the United States mail, addressed to the shareholder at the Sbareholder's address .as it appears on the stock ttans&T books of the corporation, with posstage thereon prepaid, Sr,CT,ION S QUORU'v A mgjority of the outstanding shares of the corporation entitled to vote, repmsented in person or by proxy, shall constitute a quorum at a meeting of sitsrel alders. If less than a majority of the outstanding shaves are represcrnted at a meeting, a majority of the shares so repre:mutccl may adjourn the meeting from time to time without further notice. At such adjourned zmect s at 09/13/2016 15:01 4796462659 HANKINS AND CO PAGE 05/09 which a quorum shall be pteseftt or tepreselited, arty business may be transacted which might have been transacted at thio meeting as originally notified. SECTION b FRoym At all meetings of,sbareholders, a shareholder may vote by proxy exedUted in writing by the shareholder or by the Shareholder's duly authorized attorney in fact. Such proxy shall be filed with the Secretary of the corporation before or at the time of the meeting, No ,proxy shell be valid ,der eleven months fzam the date of its er**don, unless othervvlse provided in fhe proxy. SECTION 7 VOTING OFSHARE Subject to the provisions of Section 9, each outstanding share entitled to vote shall bo entitled to one vote upon each matter submitted to a vote at a mecdng of sbarcholders'. SacrJON 8 PR&wPrwERiGm Each holder of shares in this corporation shalt have the first right to purchase iriiares (and securities convar#ible into shares) of this corporation that may be from time to dine issued. (whether or not presently authorized), including shares from the treasury of this corporation, in the ratio that the number of; shales held by said holder at the time of issue bears to the total number of shares outstanding, ,exclusive of treasury shares. This right shall be deemed waived by any shareholder who does not exercise it and pays for the shares preempted within thirty (30) days of reecipt of a notice in wr1 tlg from the corporation stating the prices,: tis and conditions of the issue of snares and inviting said holder to exercise his preemptive rights. ARTICLE III BOARD OPMECTORS SEUMN I GANERAL POWERS The business and affairs of the corporadon shall be managed by its Board of C)imctors. SECTION 2 NUXM4TR, ?'RNUR& AND QUAUIFICATIONS The number of Di wors of the corporation shall be two. Each director sbsll hold `office until the next annual meeting of shareholders and until the Directaor's successor shall hava been. elected and qualified. SECTION 3 REGULAR MEF TiNGs A regular meeting of the Board of Directors shall be held without other notice than this by-law immediately after, and at tate same place as, the annual meeting of shareholders_ Tlie Board of Directors my provide, by resolution, the time acrd place, sithor within or without the Siate of Arkansas, for the holding; of additional regular meetings without other :notioe than such resolution. SzcrioN 4 QUORUM A majority of the. number of Dlwwrs fixed by Section, 2 of this Article M shall 00-nsLitute a 09/13/2016 15:01 4796462659 HAWING AND CO PAGE 06/09 quorum for the transaction of business at any meeting of the Board of Directors, but if less than such ma ority is present at a meeting, a majority of the Directors present may adjourn the M"ting from titxm0 to time without further notice. sEunON s MANNEROF'ACTiTvG The act of the majority of the Directors present at a mwdng at which a quorum is present shall be the act of the Board of Directors. SECTrON 6 COrfrnU--MON By resolution of the Board of Directors, the Directors may be paid their expenses, if any, for attendance at each meeting of the Board of Directors, and may be paid a fixed sura for attendance at each meef ng. of the Board of Directors. No such payment shall pfr_clude any director from serving the corporation in any other capacity and receiving compensation therefore. StMON 7 FMUA#r aVoir ssw' A Director of the corporation whq is present at a meeting of t$e Board of Directors, at which action on any corporate matter is shall be presumed to assent to the action taken unless the Director's dissent sball be entered in the minutes, of the meeting or unless the Director shall file a tivrittm dissent to such action with the persons acting as the Secretary of the meeting' before the adjournment tbereo� or sbali forward such dissent by registered mail to the SeornM of the corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such actiom ARTICLE IV OFFICERS SEcrtoN X Nuunk The o%cess of the corporation sW be a President and a Seerebtry, each of whom shall be elected by the Board of Directors. Any two or more officers may be held by the same person, excppt:.the offices of President and Secretary. SECTION 2 ELEcvoxAND T of DFFiarr The officers of the corporation to be elected by the Board of Directors shall be elected anaual ly by the Board of Directors at the fust meeting of the Board of Directors held after *oh annual meeting of the shareholders. If the election of oiiicas shall not be held at such meting, such election shalt be held as soon thereafter as conveniently may be. Each officer shall hold office until a successor shall have been duly elected andd shall have qualified or until the Officer's death- or until the Of# m skull resip or shall have been removed in the manner h=inafter provided. SECTION 3 UvozAL Any officer or agent elected or appointed by the Board of Directory may be removed 1yy the Board of Directors, whenever In its judgrrtacit the best interests of the corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the 09/13/2016 15:01 4796462659 FAZINS AND, CO PACE 07/09 person so removed, Election or appointment of an officer or agent shall not of itself create contract rights. SEcrION 4 VAcANVM A vacancy in any office because of dead, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the term. SECTION S FRFMU,7 Bryan Goodwin is hereby named the PresideAt. 'ihe President WWI be the pri.ncipnl executive officer of the corporation and, subject to the control of the Board of Directors, shall in geaeFal, supervise and control all of fhe business and affairs of the corporation. The President shall, when present, preside at all meetings of the shareholders and of the Board of Directors; The President may sign, with the Secretary or any other proper officer of the corporation thereurdo authorized by the Boaftd of Directors, certificates for shares of the corporation, and in general aWl perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. SECTION 6 ThlESECRZTARY Sara Goodwin is hereby named the Secretary. The Secretary shall: (a) keep the rninutes of the shareholders' and of the Board of Directors' meetings in one or mora books provided for the purpose; (b) see that all notices are duly given in accordance with the provisions of these by -Jaws or as required. by law; (c) be custodian of the corporate records and of the seal of the corporation and see that the scat of which on behalf of the corporation under its seal is duly authorized, (d) keep a register of the post office address of each shareholder which shad be furnished to the Secretary by such shareholder; (e) sign with the President, or a Vice President, certificates for shares of the corporation, the Issuance of which shall have been authorir,cd by resolution of the Board of Directors; (f7 have general charge of the stock transfer books of the corporation; and (g) in genera,[ perform all, duties incident to the ofEl7im of Secretary and such other duties as from time to time may be assigned, to the Secretary by the President or by tine Board of Directors. SECT ioN 7 ,SAURIF4 The ,salaries of the 0dficers shall be fixed fi:om time to time by the Board of Directors emd no officer shall be prevented from receiving such salary by reason of the fact that the officer is also a Director of the corporation. ARTICLE 'V CONTRACTS, ,LOANS, CHECKS, AND DEPOSIT 9 SECTION 1 CUNTMc78 The Board of Directors may authorize any officer or officers, agent or agents, to enter into any eantract, to execute end deliver any instrument in the name of and an behalf of the Larporation, and such autharity may be general or confined to specific imta mces- V/13/2016 15:01 4796462659 HANKINS AND CO PAGE 08109 ftcnoN 2 LoAn No loans shall be contracted on behalf of the corporation and no evldzaces of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Dircclors. 'Such authority may bo generator confused to spocifio instances. SE,MO v 3 CxEcx5; D)eam, RTc. All checicsi drdck or other orders for the payment of money,, notes or other ovideaees of inUbtednem issued in the name of the corporation shall be signod by such officer or officers, agent or agents, of the corporation and in such mar= as shall front time to time be dcterruncd by resolution of the Hoard of Directors. SEmON 4 Dvosm All funds of the corporation not otherwise employed shall be deposited from time to'timc to the credit of the corpura8oa in such trunks, trust companies or other deposituiies as th'e Board of Directors may select. ARTICLEVI CER TIFYCATES FOR SD*A.RESAND 7IR T)?ANS,FER SECTION 1 CERMIC47M.POWSMARW Certificates repmenting shares of the omporatinn shall be in such form as shall be deferrn.ined by the Board of Directors. Such cert;fieates shall bo signed by the President and by the Secretary. Ali ccrtfficates for sbaries shall be consecutively numbered or otherwise identifled. The name and address of the person to whom the shares represented thereby are issued, with the number of shares W date of issue; shah be entered on the stock transfer books of the corporation. All certificates.surrandetcd to the corporation for transfer shall be canee:led and no certificaw shall be issued until the former certificate for a like number of shares'shall have been surrendered and ceneeled, except that in case of a lost, destroyed or muffiumd cortificate, a new orae may be issued therefore upon sueb terms and indmnniry to tho corporation ax the Board of Directom may prescribe. SecTioN 2 TRuNsm? OFSWRE9 Trausfer of shares of the corporation shall' be made only on the stools transfer books- of tha corporation by the holder of record thtof or by a legal repmmtadvc, who shell A=M propm evidence of authority to transfer, or by an attorasy thereunto authorized by power of attorney duly executed and filed with the Secretary of the corporation, and on surrender for cancellation of the certificate for such aharss. The person in whose name shares stand on the books of the corporation sh" be deemed by the corporation to be the owner thereof for all purposes. ARTICLE VE( MScAL YEAR The: fiscal year of the corporation shall begin on the Brat day of January and end on the thirty- first day of December. 09/13/2016 15:01 4796462659 HANKINS AND CO PAGE 69/09 ARTICLE LCC SE4L The Board of Directors shall provide a corporate seal which ahali be circular in form and; shall have inscribed thereon the =ne of the corporation and conditions provided bylaw. ARTICLE M AMENDMENTS Those by laws array be alte=d, amended or repealed and new by-laws may he asdepted by unanimous vote of the $oard of Directors at any regular of special meeting of the Board of Dimcwr% or by affirmative vote of twrt-thirds of the outstanding shares. The foregoing by-laws of the corporation w em adopted by the Bvi+td sof Dircomrs on this 151' day of June, 2003. DIRECTOR DMC OR 6 FRUPPLE RC3AO WATERLINE iMRRC)VEMEIMT,S for the City of Faye�ttaui l la BID # 18-47, CONSTRUCTION ilr. rrnld�rr f7v+Tch A � �.1 nAlra.n Rhn • � Project Location f: VICINITY MAP CITY OF FAYETTEVILLE ARKANSAS www,fayettevitte-ar.gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 PROJECT: ENGR. No. 8126 GOODWIN &GOODWIN,INC. CHANGE ORDER NO.2 City of Fayetteville Staff Review Form 2019-0389 Legistar File ID N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Tim Nyander 6/14/2019 WATER SEWER (720) Submitted By Submitted Date Division/Department Action Recommendation: Staff recommends approval of Change Order No. 2 to the contract with Goodwin &Goodwin, Inc.for the Rubble Rd.Waterline Improvements Project which will increase the contract amount by$304.42. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1 Water System Rehabilitation/Replacement Project Number Project Title Budgeted Item? Yes Current Budget $ 8,989,961.00 Funds Obligated $ 3,100,270.11 Current Balance $ 5,889,690.89 Does item have a cost? Yes Item Cost $ 304.42 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ 5,889,386.47 V20180321 Purchase Order Number: 2018-00000760 Previous Ordinance or Resolution# 214-18 Change Order Number: 2 Approval Date: 6/18/19 Original Contract Number: 2018-00000041 Comments: CITY OF FAYETTEVILLE STAFF MEMO .4W ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Chris Brown, P.E., City Engineer Tim Nyander, Utilities Director FROM: Matt Casey, Engineering Design Manager DATE: June 13, 2019 SUBJECT: Approval of Change Order No. 2 for the Rupple Rd. Waterline Improvments Project RECOMMENDATION: Staff recommends approval of Change Order No. 2 to the contract with Goodwin & Goodwin, Inc. for the Rupple Rd. Waterline Improvements Project which will increase the contract amount by$304.42. BACKGROUND: The City of Fayetteville Engineering Division prepared the design for this new sewer main construction. The project includes Installation of approximately 1,590 linear feet of 12"water main along the west side of Rupple Road beginning just south of the Owl Creek School and heading south. This water main is part of the 12" grid that is shown on the City of Fayetteville Master Water Plan. The installation of this portion of the grid will provide multiple points of connection for developments that are currently approved for this area. These connection points will provide additional flow and create the looping that is necessary to provide continual water service to this area. DISCUSSION: This change order is to correct an error in Change Order No. 1. Change Order No. 1 was a reconciliation change order to change the contract amounts to match the actual final construction cost. In the memo and staff review form, I mistakenly labeled the change in contract price as a decrease of$152.21 instead of an increase of$152.21. This change order corrects this error by increasing the contract amount by$304.42. BUDGET/STAFF IMPACT: Funds are available in the Water System Rehabilitation/Replacement account. Attachments: Change Order No. 2 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 00 N G 0 A U C R w 0 N .y 0, N .� N N 7 l� fV ON 7 M bA i U y i N a i � 1 � N N � 1 � � N i C N � b U d4 fH bR C 1 1 1 1 1 1 1 1 1 1 1 Q I E� oz 0) r O N M 0 W d Q I 0 co CL b bA i U y i N a i � 1 � 1 � � N i C U a � d O U bA b0 ^ O C O :C C1 b � N p W F 3 C U a d a� °Q c D O C o Q L= 3 O ff,-, N C y u o 3 'c o a e ai L U E w O a .0 C) U �aLayFF .V C O C', U � U c 0 i U p m U c3 U, C `L°b�w a 'on a c c t o U U U c U z F z F F F H x E� oz 0) r O N M 0 W d Q I 0 co CL