HomeMy WebLinkAbout289-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 289-20
File Number: 2020-0921
REPEAL RESOLUTION NO.245-20 GOODWIN & GOODWIN, INC.:
A RESOLUTION TO REPEAL RESOLUTION NO.245-20, TO AWARD BID #20-71 AND
AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF
$288,326.10 FOR THE CONSTRUCTION OF THE PALMER AVENUE DRAINAGE
IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $43,240.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019
DRAINAGE BOND PROJECT
WHEREAS, on October 6, 2020, the City Council passed Resolution No. 245-20 authorizing a
contract with Goodwin & Goodwin, Inc. in the amount of $205,426.01, pursuant to a deductive
alternate in Bid #20-71; and
WHEREAS, the deductive alternate was included in the bid as an option to reduce the project cost
with the intent to bring a second phase of the project back for City Council approval as funding
became available; and
WHEREAS, after approval of Resolution No. 245-20, staff was able to identify additional funding
and recommends authorizing the contractor to complete the full scope of the project which will help
avoid additional mobilization and construction costs that will likely be incurred if the project is
completed in two separate phases.
NOW, THEREFORE, 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 repeals Resolution No.
245-20.
Page 1 Printed on 11118120
Resolution. 289-20
File Number 2020-0921
Section 2: 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 $288,326.10 for construction of the Palmer Avenue
Drainage Improvements Project, and further approves a project contingency in the amount of
$43,240.00.
Section 3: 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 11/17/2020
Attest:
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Kara Paxton, City Clerk TreAp1tr ILCE •
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Page 2 Printed on 11118120
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0921
Agenda Date: 11/17/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A.10
REPEAL RESOLUTION NO.245-20 GOODWIN & GOODWIN, INC.:
A RESOLUTION TO REPEAL RESOLUTION NO.245-20, TO AWARD BID #20-71 AND
AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF
$288,326.10 FOR THE CONSTRUCTION OF THE PALMER AVENUE DRAINAGE
IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$43,240.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT
WHEREAS, on October 6, 2020, the City Council passed Resolution No. 245-20 authorizing a contract with
Goodwin & Goodwin, Inc. in the amount of $205,426.01, pursuant to a deductive alternate in Bid #20-71; and
WHEREAS, the deductive alternate was included in the bid as an option to reduce the project cost with the
intent to bring a second phase of the project back for City Council approval as funding became available; and
WHEREAS, after approval of Resolution No. 245-20, staff was able to identify additional funding and
recommends authorizing the contractor to complete the full scope of the project which will help avoid additional
mobilization and construction costs that will likely be incurred if the project is completed in two separate
phases.
NOW, THEREFORE, 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 repeals Resolution No. 245-20.
Section 2: 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 $288,326.10 for construction of the Palmer Avenue Drainage Improvements
Project, and further approves a project contingency in the amount of $43,240.00.
Section 3: 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 of Fayetteville, Arkansas Page 1 Printed on 1111812020
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2020-0921
11/17/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/19/2020 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Repealling of Resolution 245-20 and approval of a contract in the amount of $288,326.10 with Goodwin &
Goodwin, Inc. for the construction of the Palmer Avenue Drainage Improvements Project, approval of a project
contingency of $43,240.00 (15%) and approval of a budget adjustment.
Budget Impact:
4604.860.7424-5817.00
4604 -
Drainage Bond Projects
Account Number
Fund
46040.7424
Palmer Drainage
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$
262,283.00
Funds Obligated
$
22,439.86
Current Balance
$
239,843.14 j
Does item have a cost? Yes
Item Cost
$
331,S66.10
Budget Adjustment Attached? Yes
Budget Adjustment
$
95,330.00
Remaining Budget
$
3,607.04
V20180321
Purchase Order Number: Previous Ordinance or Resolution # '45 20
Change Order Number:
Original Contract Number:
Approval Date:
Comments: Amount includes bid amount of $288,326.10 plus a 15% contingency of $43,240.00.
10/b/2020
CITY OF
FAYETTEVILLE
W4W ARKANSAS
MEETING OF NOVEMBER 17, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
CITY COUNCIL MEMO
FROM: Matt Casey, Engineering Design Manager
DATE: October 15, 2020
SUBJECT: Repeal of Resolution 245-20 and Approval of a contract in the amount of
$288,326.10 with Goodwin & Goodwin, Inc. for the construction of the
Palmer Avenue Drainage Improvements Project, approval of a project
contingency of $43,240.00 (15%), and approval of a budget adjustment.
RECOMMENDATION:
Staff recommends that the City Council repeal Resolution 245-20 and approve of a contract in
the amount of $288,326.10 with Goodwin & Goodwin, Inc. for the construction of the Palmer
Avenue Drainage Improvements Project, approval of a project contingency of $43,240.00 (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 Hotz Park to help relieve some of the flooding issues
that are experienced in this area due to the undersized storm sewer system. On October 6, 2020,
the City Council approved Resolution 245-20 authorizing a construction contract with Goodwin &
Goodwin, Inc. in the amount of $205,426.01 plus a construction contingency of $30,810.00 for
this project.
DISCUSSION:
The amount approved by Resolution 245-20 included a deductive alternate in the bid to remove
a portion of the work. This deductive alternate was included in the bid as an option to get the
project cost down, if necessary, to fit the funds available for this project in the 2019 Drainage
Bond. This portion of the work removed by the deductive alternate is still necessary to ensure full
protection of the homes affected by flooding in this area. The intent was to follow up with a second
phase of the project in the near future as funding became available. Upon further consideration
and analysis of the available funding, city staff is recommending that the city council approve the
entire construction amount bid for this project at this time. This will help the city to avoid paying
additional mobilization costs and increase of construction costs by bidding this work as a separate
phase.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
The drainage improvements are funded by the 2019 Drainage Bond Program.
Attachments:
Section 0500 Agreement
Bid Submittal
Bid Tab
Plan Sheet
Vicinity Map
CITY OF
FAYETTEVILLE
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
QuantityReUnitofMealtemNo.
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
#2
Insurance and Bonding
1
LS
2
$11,378.63
$11,378.63
$42,000.00
$42,000.00
#3
Construction Control (Staking)
1
LS
3
$11,200.00
$11,200.00
$2,500.00
$2,500.00
#4
Act 291, 1993 Trench & Excavation Safety Systems
1
LS
4
$1,120.00
$1,120.00
$1,000.00
$1,000.0o
#5
Clearing, Grubbing, & Demolition
1
LS
5
$28,000.00
$28,000.00
$10,000.00
$10,000.00
#6
Rock Excavation
110
CY
6
$336
$36,960.00
$0.01
$1.10
#7
Unclassified Excavation'
25
CY
7
$89.60
$2,240.00
$50
$1,250.00
7#8
Undercut and Stone Backfill'
25
CY
8
$282.24
$7,056.00
$80
$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
#10
60" x 38" (Span x Rise) Horizontal Elliptical Reinforced Concrete FES
w/Curtain Wall
i
EA
10
$5,415.20
$S,415.20
$6,000.00
$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
$6,500.00
#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
$5,000.00
#15
Native Stone Rip Rap
100
SY
15
$115.92
$11,592.00
$125
$12,500.00
#16
(3") Asphalt Concrete Hot Mix Surface Course (PG64-22)
7
TON
16
$1,104.00
$7,728.00
$300
$2,100.00
#17
Concrete Curb and Gutter (Type A) w/Class 7 Base
25
LF
17
$80.64
$2,016.00
$45
$1,125.00
#18
4" Thick Concrete w/Class 7 Base
15
SY
18
$64.37
$965.SS
$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
$1,200.00
#21
Fescue Solid Sod w/4" of Topsoil
800
SY
21
$16
$12,800.00
$8
$6,400.00
#22
Stone Mailbox Replacement
1
LS
22
$2,800.00
$2,800.00
$2,000.00
$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
#26
4 ft. Chain Link Fence w/Gates
100
LF
26
$57.12
$5,712.00
$25
$2,500.00
#27
T-Patch(Concrete Only)
35
SY
27
$106.76
$3,736.60
$85
$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
$2,000.00
30
Slurry Fill Existing Storm Sewer Pipe
15
CY
30
$268.80
$4,032.00
$200
$3,000.00
#31
Relocate Existing Water Service
1
EA
31
$3,920.00
$3,920.00
$2,000.00
$2,D00.00
#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
$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
L
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
($55,000;
$82,900.00
($82,900)
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 day of /min the year WO by
and between The City of Fayetteville, Arkansas andGoodW n & GOodWiil,lnc. (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 - 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 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 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
00500 Agreement 00500-2
DOCUMENT 00500 — AGREEMENT tcontinued)
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 I Sth 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.
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.
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 terns 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:
l . 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)
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.
ARTICLES - 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 �(��� / which is the
Effective Date of the Agreement.
CONTRACTOR:
By: Bryan Goodwin
(Type or legibly print)
(Signature)
CITY OF FAYETTEVILLE
Title: 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) `\`J%rrrrrrrri110
� ER K / T
:���,'�• CITY•���9�'�
Attest = ��
FAY6 .--0�
r • 9
=sy •. gIVSP,S .• .-
00500 Agreement 00500 - 11
DOCUMENT 00500 — AGREEMENT (continued)
Address for giving notices
License No.
Agent for Service of process
('Type or legibly print)
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 or LLC, attach evidence of authority to sign.)
END OF DOCUMENT 00500
00500 Agreement 00500- 12
C'- 13
.� FAT9TTSVILLE
AnKAN
ANlCA/IfAf
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 $250,000.00
Funds
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 Score
Goodwin & Goodwin, Inc. 0 pts
Diamond C Construction 0 pts
��FAYETTEVILLE
ARKANSAS
Seal status
Requested Information
Required City Forms
Bid Bond
Arkansas Contractor's License
Arkansas Secretary of State
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
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.
Unsealed on Unsealed by
Aug 26, 2020 2:01 PM CDT Les McGaugh
Aug 26, 2020 2:01 PM CDT Les McGaugh
Aug 26, 2020 2:01 PM CDT Les McGaugh
Aug 26, 2020 2:01 PM CDT Les McGaugh
Aug 26, 2020 2:01 PM CDT Les McGaugh
.� PAYA YILLE
i( A A iA14SNSAS
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?
Les McGaugh Aug 26, 2020 2:02 PM CDT No
clvv OF
FAr[ttlYILLE
ARKANSAS
Submissions
Supplier
Goodwin & Goodwin, Inc.
Date Submitted Name Email
Aug 26, 2020 10:56 AM
CDT David Garcia docryde@yahoo.com
Confirmation Code
OTY1OD1=
Diamond C Construction Aug 26, 2020 1:43 PM
CDT Mike Cordeiro mike@diamondcconst.com OTY2MzY=
FAYETTEWLIE
ANKANiA9
Scoring Summary
Active Submissions
Total Total Bid Price
Supplier /0 pts / 0 pts
Goodwin & Goodwin, Inc. 0 pts 0 pts ($288,326.10)
Diamond C Construction 0 pts 0 pts ($318,377.03)
Within Certified Funds
Pass/Fail
Pass
Pass
V�FAYETTE YIL LE
AAKAMYAS
Signatures
Name
Andrea Foren
(Project Owner)
Signatures
Les McGaugh
Les McGaugh Digitally signed by Les McGaugh
(Evaluator) Date: 2020.08.28 16:29:10-05'00'
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PALMER ^NfEF*-+JUE
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VICINITY MAP
CITY OF
._ FAYETTEVILLE
ARKANSAS
www.fayetteville-ar.gov
ENGINEERING DIVISION
PHONE: (479) 575-8206 FAX NO: (479) 575-8202
113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126
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 #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.
PASSED and APPROVED on 10/6/2020
Page 1 Printed on 10/9/20
Resolution: 24520
File Number 2020-0764
Attest:
10 . %am
Kara Patton, City Clerk Treasure,l11111itttlt
RK / TRF
•G\T Y p
FAYETTEVILLE ; 70
AvS;s
.,,, VG ,ONtCQv1�I��
Page 2 Printed on 10,9/20
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 Fite 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 920-71 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 of Fayetteville, Arkansas Page 1 Printed on 101712020
DOCUMENT 00500 — AGREENIENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: PALMER AVE. DRAINAGE IMPROVEMENTS
Contract No.: 20-71
THIS AGREEMENT is dated as of the day of in the year by
and between The City of Fayetteville, Arkansas andG00dwin & Goodwinjnc. (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: 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 — AGREEfNIENT (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 - 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 arc 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 nun 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 toss 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
00500 Agreement 00500-2
DOCUMENT 00500 — AGREEMENT (continued)
remaining Work 1.6thin 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.
I . 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.
I. 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,'fhe 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 REPRESENTATION'S
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.
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( onfinued)
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:
I. 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.
b. 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)
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. 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 ]Ol 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 (%L'� 71 �%P,1� CL, which is the
Effective Date of the Agreement.
CONTRACTOR:
CITY OF FAYETTEVILLE
By: Bryan Goodwin By: L"
.(Type or legibly print)
{Signature) (Signatur�
Title: 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
00500 Agreement 00500- 11
(SEAL)
Attest ���`�Y�CL''�i,
G• .., R
DOCUMENT 00500 — AGREEMENT (continued)
Address for giving notices
License No.
Agent for Service of process
(Type or legibly print)
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 or LLC, attach evidence of authority to sign.)
END OF DOCUMENT 00500
00500 Agreement 00500- 12
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020
Requestor: Matt Casey
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Repealing of Resolution 245-20 and approval of a contract in the amount of $288,326.10 with Goodwin & Goodwin, Inc
for the construction of the Palmer Avenue Drainage Imnprovements Project, approval of a project cotingency of
$43,240.00 (15%) and approval of a budget adjustment.
RESOLUTION/ORDINANCE
COUNCIL DATE:
LEGISTAR FILE ID#:
11/17/2020
2020-0921
Matthew Maddov
1011912020 1:49 PM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
GLDATE: 11/17/2020
CHKD/POSTED:
TOTAL
- -
v.20200820
Increase / (Decrease)
Proiect.Sub#
Account Number
Expense Revenue
Project Sub.Detl
AT
Account Name
4604.860.7424-5817.00
82,900 -
46040 7424
EX
Improvements - Bridge & Drainage
4604.860.7424-5911.99
12,430 -
46040 7424
EX
Contingency - Capital Project
4604.860.7999-5899.00
(95,330) -
46040 7999
EX
Unallocated--- Budget
H:\Budget Adjustments\2020_Budget\City
Council\1 1-17-2020\2020-0921 BA Palmer
Construction Contract 1 of 1