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Home My WebLink About245-20 RESOLUTIONN 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 245-20 File Number: 2020-0764 BID #20-71 GOODWIN & GOODWIN, INC. - 2019 DRAINAGE BOND PROJECT: A RESOLUTION TO AWARD BID #20-71 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $205,426.10 FOR THE CONSTRUCTION OF THE PALMER AVENUE DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,810.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 420-71 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 $205,426.10 for construction of the Palmer Avenue Drainage Improvements Project, and further approves a project contingency in the amount of S30.810.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 10/6/2020 Page 1 Printed on 10MI20 Resolution: 24520 File Number.' 2020-0764 Attest: Kara Paxton, City Clerk FAYETTEVI A _ LLE; Page 2 Printed on 10i9/20 T City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0764 Agenda Date: 10/6/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 10 BID #20-71 GOODWIN & GOODWIN, INC. -2019 DRAINAGE BOND PROJECT: A RESOLUTION TO AWARD BID #20-71 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $205,426.10 FOR THE CONSTRUCTION OF THE PALMER AVENUE DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,810.00, AND TO APPROVE A BUDGET ADJUSTMENT -2019 DRAINAGE BOND PROJECT 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 #20-71 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 $205,426.10 for construction of the Palmer Avenue Drainage Improvements Project, and further approves a project contingency in the amount of $30,810.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City or Fayetteville, Arkansas Page 1 Printed an 10/72020 City of Fayetteville Staff Review Form 2020-0764 10/6/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Casey 8/31/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $205,426.10 with Goodwin & Goodwin, Inc. for the construction of the Palmer Avenue Drainage Improvements Project, approval of a project contingency of $30,810.00. (15%) and approval of a budget adjustment. 4604.860.7424-5817.00 Account Number 46040.7424 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: 4604 - Drainage Bond Projects Fund Palmer Drainage Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 7,904,209.00 $ 1,704,074.90 $ 6,200,134.10 $ 236,236.10 $ 5,963,898.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Amount includes bid amount of $205,426.10 plus a 15%contingency of $30,810.00. CITY OF �® FAYETTEVILLE ARKANS ARKANSAS MEETING OF OCTOBER 6, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: August 31, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $205,426.10 with Goodwin & Goodwin, Inc. for the construction of the Palmer Avenue Drainage Improvements Project, approval of a project contingency of $30,810.00. (15%) and approval of a budget adjustment. RECOMMENDATION: Approval of a contract in the amount of $205,426.10 with Goodwin & Goodwin, Inc. for the construction of the Palmer Avenue Drainage Improvements Project, approval of a project contingency of $30,810.00 (15%) and approval of a budget adjustment. BACKGROUND: The City of Fayetteville Engineering Division has prepared the design for this project. The project includes installation of approximately 315 linear feet of 60" x 38" elliptical storm sewer pipe and new drainage inlets on Palmer Avenue near Holz Park to help relieve some of the flooding issues that are experienced in this area due to the undersized storm sewer system. DISCUSSION: On August 26, 2020, the City received two (2) construction bids for this project. Goodwin & Goodwin, Inc. submitted the low bid which was approximately 2.7% above the Engineer's Estimate of $200,000.00. Engineering staff recommends awarding this contract to Goodwin & Goodwin, Inc.. The contract time is 120 days (4 months) for final completion. BUDGET/STAFF IMPACT: The drainage improvements are funded by the 2019 Drainage Bond Program. Attachments: Section 0500 Agreement Bid Submittal Bid Tab Vicinity Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANS ARKANSAS Bid Tabluation Bid 20-71, Construction - Palmer Ave Drainage Rebid Deadline: Wednesday, August 26, 2020 before 2:00 PM, local time Certification of Funds: $250,000 Certification of Funds +25% (Max Allowed Award): $312,500 Diamond C Construction Goodwin & Goodwin, Inc. Total Base Bid - No Deductive Alternates $318,377.03 $288,326.10 Total Cost - Less Deductive Alternate #1 of 1 $263,377.03 $205,426.10 # Items Quandtylle UnitofMea ltemNo. UnitPrice TotalCost UnitPrice TotalCost #1 Mobilization (Shall not exceed 5%of Total Bid) 1 LS 1 $6,720.00 $6,720.00 $10,000.00 $10,000.00 92 Insurance and Bonding 1 LS 2 $11,378.63 .$11,378.63 $42,000.00 $42,000.00 43 Construction Control (Staking) 1 LS 3 $11,200.00 $11,200.00 $2,500.00 M $2,500.00 #4 Act 291, 1993 Trench & Excavation Safety Systems 1 LS 4 $1,120.00 $1,120.00 S1,0D0.00 N $1,000.00 #5 Clearing, Grubbing, & Demolition 1 L5 5 $28,000.00 528,D00.00 $10,OD0.001 $10,000.00 #6 Rock Excavation 110 CY 6 $336 $36,960.00 $0.01 N $1.10 97 Unclassified Excavation' 25 CY 7 $89.60 $2,240.00 $504 $1,250.00 #8 Undercut and Stone Backfill' 25 CY 8 $282.24 $7,056.00 $80 M $2,000.00 #9 60" x 38" (Span x Rise) Horizontal Elliptical Reinforced Concrete Pipe 315 LF 9 $275.16 $86,675.40 $325 $102,375.00 1110 60" x 38" (Span x Rise) Horizontal Elliptical Reinforced Concrete FES w/Curtain Wall 1 EA 10 $5,415.20 $5,415.20 $6,DDO.00 $6,000.00 #11 (7'x7') Area Inlet 2 EA 11 $7,728.00 $15,456.00 $12,000.00 $24,000.00 #12 (7'x4') Area Inlet 1 EA 12 $5,600.00 $5,600.00 $6,500.00 $6500.00 #13 (7'x4') Sewer Conflict Box 1 EA 13 $8,400.00 $8,400.00 $7,500.00� $7,500.00 #14 Triangular Channel 1 LS 14 $6,160.00 $6,160.00 $5,000.00 1 $5,000.00 #15 Native Stone Rip Rap 100 SY 15 $115.92 $11,592.00 $125 $12,500.00 416 (3") Asphalt Concrete Hot Mix Surface Course (PG64-22) 7 TON 16 $1,104.00 $7,728.00 $3001 $2,100.00 #17 Concrete Curb and Gutter (Type A) w/Class 7 Base 25 LF 17 $80.64 $2,016.00 $45 j $1,125.00 #18 4" Thick Concrete w/Class 7 Base 15 SY 18 $64.37 $965.55 $65 $975 #19 6" Thick Concrete w/Class 7 Base 65 SY 19 $51.09 $3,320.85 $85 $5,525.00 #20 Bermuda Solid Sod w/4" of Topsoil 200 SY 20 $16.24 $3,248.00 $6 4 $1,200.00 #21 Fescue Solid Sad W/4"of Topsoil 80o SY 21 $16 $12,800.00 $8 M $6,4D0.00 #22 Stone Mailbox Replacement 1 LS 22 $2,800.00 $2,800.00 $2,000.00 N $2,000.00 #23 Wire Backed Silt Fence 350 LF 23 $3.84 $1,344.00 $6 $2,100.00 #24 Sediment Logs 6 EA 24 $268.80 $1,612.80 $300 $1,800.00 #25 Traffic Control and Maintenance 1 LS 25 $3,920.00 $3,920.00 $5,000.00 $5,000.00 926 4 ft. Chain Link Fence w/Gates 100 LF 26 $57.12 $5,712.00 $25 1 $2,500.00 #27 T-Patch (Concrete Only) 35 SY 27 $106.76 $3,736.60 $851 $2,975.00 #28 Site Photographs & Video 1 LS 28 $560 $560 $2,000.00 $2,000.00 #29 Sewer Service Relocation Over HERCP 1 LS 29 $3,920.00 $3,920.00 $2.000.00 9 $2,0D0.00 #30 Slurry Fill Existing Storm Sewer Pipe 15 CY 30 $268.80 $4,032.00 5200 $ $3,000.00 #31 Relocate Existing Water Service 1 EA 31 $3,920.00 $3,920.00 $2,000.00 1$2,000.00 #32 8" DIP Sewer Line with Couplings 20 LF 32 $224 $4,480.00 $300 $6,000.00 #33 Modification to Existing Headwall 1 LS 33 $3,360.00 $3,360.00 $3,000.00 9 $3,000.00 #34 Remove and Reconstruct Retaining Wall for Installation of HERCP 1 LS 34 $4,928.00 $4,928.00 $4,000.00 $4,000.00 #35 Deductive Alternate for scope or work between sta 2+50 to sta 3+85 (No.'s 11, 12, 19 22, 30, 31, and 33, and portions of 5 and 9) to be deducted from original scope as one lump sum. .1 LS DA-1 $55,000.00 (S55,000) $82,900.00 1 ($82,900) r� FA E .� !ixz EYILLC •"wz Bid 20-71, Construction - Palmer Ave Drainage Rebid - Bid 20-71, Construction - Palmer Ave Drainage Rebid Project Overview Project Details Reference ID Bid 20-71, Construction - Palmer Ave Drainage Rebid Project Name Bid 20-71, Construction - Palmer Ave Drainage Rebid Project Owner Andrea Foren Project Type ITB Department Purchasing Certification of Funds $250,000.00 Project Description Bid 20-71, Construction - Palmer Ave Drainage Rebid Open Date Aug 02, 2020 12:00 AM CDT Close Date Aug 26, 2020 2:00 PM CDT Highest Scoring Supplier I Score Goodwin & Goodwin, Inc. 1 0 pts Diamond C Construction 1 0 pts ��iwieirevuLe Ap"w s Seal status Requested Information Unsealed on Unsealed by Required City Forms Aug 26, 2020 2:01 PM CDT Les McGaugh 1 Bid Bond Aug 26, 2020 2:01 PM CDT Les McGaugh Arkansas Contractor's License Aug 26, 2020 2:01 PM CDT I Les McGaugh Arkansas Secretary of State Aug 26, 2020 2:01 PM CDT Les McGaugh Filing # Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or Aug 26, 2020 2:01 PM CDT Les McGaugh while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. C.,- .1 .FwV¢trenaLe ---- Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is,negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? i Les McGaugh I Aug 26, 2020 2:02 PM CDT No FA OG v�renemue weuwuw Submissions Supplier Date Submitted Name Email Confirmation Code Goodwin & Goodwin, Inc. Aug 26, 2020 10:56 AM David Garcia docryde@yahoo.com OTYIODI= CDT I Diamond C Construction Aug 26, 1:43 PM Mike Cordeiro mike@diamondcconst.com OTY2MzY= CDT <nr E i1tlRHtlILLH Scoring Summary Active Submissions Total i Total Bid Price Within Certified Funds Supplier 10 pts i / 0 pts Pass/Fail Goodwin & Goodwin, Inc. Diamond C Construction 0 pts 1 0 pts ($288,326.10) 0 pts 1 0 pts ($318,377.03) Pass Pass �® ;^Ya, Ivnie A9"1 s Signatures signatures Andrea Fore" Digitally signed by Andrea (Pmm,t) Andrea Forename"3a00,0,,,.$,.�, -0SW' Les McGaugth moluww) Les McGaugh� �a0a b&29 o DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: PALMER AVE. DRAINAGE IMPROVEMENTS Contract No.: 20-71 THIS AGREEMENT is dated as of the _40-- day of "LL in the year= by and between The City of Fayetteville, Arkansas ancl000dwln & Goodwln,Inc. (hereinafter called Contractor). ARTICLE 1 - 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: The installation of approximately 315 linear feet of 60" x 38" Horizontal Elliptical Reinforced Concrete Pipe. Other items to be included are sidewalk and curb & gutter construction, channel excavation, area inlet construction, miscellaneous grading, street patching, rip -rap installation, and erosion control. 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 00500 Agreement 00500 - 1 DOCUMENT 00500 — AGREEMENT (continued) responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACTTIME 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 90 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 120 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED 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 Fill), 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 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) remaining Work within the time specified in Paragraph 3.02 for completion 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. 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 00500 — 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. 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. 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: PALMER AVE. DRAINAGE IMPROVEMENTS 8. Addenda numbers inclusive. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMENT (continued) 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. Ifa 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 G c 71 bp,(- (0 WO , which is the Effective Date of the Agreement. CONTRACTOR: CITY OF FAYETTEVILLE By. Bryan Goodwin By: L' ` .(Type or legibly print) (Signature) VVV (Si President Title: Mayor 00500 Agreement 00500- 10 0 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 00500 Agreement 00500- 11 Attest (SEAL) DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices 113 W. Mountain St. Fayetteville AR 72701 License No. Agent for Service of process (Type or legibly print) 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 or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement 00500- 12 PALM ER ,AWE N U E 13FLAIN^CIE lMRFtC)VEMEN-rS for the City of Fayc=-ttc=-Nfill4e JULY 2020 AR 112 t t West maple stwt wnt N%vk 5v— t— West Lim west FreadMp Bud Zton arena F AR 11Z W� W-1 p— _ west 8.1-9 B--d S-p St VICINITY MAP CITY OF FAYETTEVILLE ARKANSAS www. fayetteville-a r. g cv ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO (479) 575-8202 113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division /Org2 ENGINEERING (621) 2020 Adjustment Number Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $205,426.10 with Goodwin & Goodwin, Inc. for the construction of the Palmer Avenue Drainage Improvements Project, approval of a project contingency of $30,810.00. (15%) and approval of a budget adjustment. COUNCIL DATE: 10/6/2020 LEGISTAR FILE ID#: 2020-0764 Xe,V&V .Sprbvtger 9/9/2020 12:16 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE GLDATE: CHKD/POSTED: 10/6/2020 / TOTAL Account Number Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20200820 Account Name 4604.860.7424-5817.00 205,427 - 46040 7424 EX Improvements - Bridge & Drainage 4604.860.7424-5911.99 4604.860.7999-5899.00 30,810 - (236,237) - 46040 46040 7424 EX 7999 EX Contingency - Capital Project Unallocated - Budget H:\Budget Adjustments\2020-Budget\01,y Council\ 1 0-06-2020\2020-0764 BA Palmer Drainage GoodvrinAsm 1 of 1