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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 199-21
File Number: 2021-0537
BID #21-56 MAGUIRE IRON, INC.:
A RESOLUTION TO AWARD BID #21-56 AND AUTHORIZE A CONTRACT WITH MAGUIRE
IRON, INC. IN THE AMOUNT OF $153,000.00 FOR THE PAINTING AND REHABILITATION
OF THE ROUND MOUNTAIN WATER STANDPIPE, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $15,300.00
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 #21-56
and approves a contract with Maguire Iron, Inc. in the amount of $ l 53,000.00 for the painting and
rehabilitation of the Round Mountain water standpipe, and further approves a project contingency in
the amount of $ l 5,300.00.
PASSED and APPROVED on 8/03/2021
Attest:
Lisa Branson, Deputy City Clerk
Page 1 Printed on 813121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0537
Agenda Date: 8/3/2021 Version: 1 Status: Passed
In Control: City Council Meetinq
Agenda Number: A.7
BID #21-56 MAGUIRE IRON, INC.:
File Type: Resolution
A RESOLUTION TO AWARD BID #21-56 AND AUTHORIZE A CONTRACT WITH MAGUIRE
IRON, INC. IN THE AMOUNT OF $153,000.00 FOR THE PAINTING AND REHABILITATION OF
THE ROUND MOUNTAIN WATER STANDPIPE, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $15,300.00
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 #21-56 and approves
a contract with Maguire Iron, Inc. in the amount of $153,000.00 for the painting and rehabilitation of the Round
Mountain water standpipe, and further approves a project contingency in the amount of $15,300.00.
City of Fayetteville, Arkansas Page 1 Printed on 81412021
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2021-0537
Legistar File ID
8/3/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/15/2021 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends awarding Bid #21-56 and approving a construction contract with Maguire Iron, Inc. in the
amount of $153,000.00 for painting and rehabilitation of the Round Mountain 100,000-gallon water standpipe, and
approving a contingency in the amount of $15,300.00.
Budget Impact:
5400.720.5600-5808.00
Water and Sewer
Account Number
Fund
12009.1
Water
System Rehabilitation
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 7,485,004.00
Funds Obligated
$ 5,444,356.82
Current Balance
$ 2,040,647.18
Does item have a cost? Yes
Item Cost
$ 168,300.00
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
1,872,347.18
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 3, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: July 15, 2021
CITY COUNCIL MEMO
SUBJECT: Bid #21-56, Maguire Iron, Inc. — Construction Contract for Round Mountain
Standpipe Rehabilitation
RECOMMENDATION:
Staff recommends awarding Bid #21-56 and approving a construction contract with Maguire
Iron, Inc. in the amount of $153,000.00 for painting and rehabilitation of the Round Mountain
100,000-gallon water standpipe, and approving a contingency in the amount of $15,300.00.
BACKGROUND:
On June 24th, 2021 the City of Fayetteville accepted sealed competitive bids for the Round
Mountain Standpipe Rehabilitation project. Maguire Iron, Inc. submitted the lowest bid. All bids
are shown here:
Classic Protective Coatings, Inc. $263,950.00
Leher Painting Enterprises, Inc. $223,777.00
Maguire Iron, Inc. $153,000.00
Utility Service Co., Inc. $248,300.00
Viking Painting $187,500.00
DISCUSSION:
This project will remove and replace the interior and exterior coatings on the 100,000-gallon
Round Mountain standpipe as recommended by recent tank inspections performed by Garver
Engineers. While the coating system is removed, upgrades to safety climbing systems will be
made to align with modern standards. Tank mixing will be added to improve circulation by the
use of an active mixer placed inside the tank.
BUDGET/STAFF IMPACT:
Funds are available for this project in the Water System Rehabilitation account.
Attachments:
Project Vicinity Map
Certified Bid Tab, Bid #21-56
Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Round Mountain Standpipe Rehab
Vicinity Map NTS
mall Rd
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PROJECT
LOCATION
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- - -- - - - - -- - - -
Lake
Park
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CIT'i OF
'A`PETTEVILLE
ARRANSAB
BID TABULATION
Bid 21-56, Construction - Round Mountain Standpipe Rehab
Deadline: Thursday, June 24, 1021 at 2:00 PM
Certification of Funds: $250,000.00
Total Allowed: $312,500.00
11 Classic Protective Coatings, Inc. Letter Painting Enterprises, Inc. 11 Maguire Iron, Inc. Utility service Co., in'. Viking painting
Total cost 11 $ 263,950.00 $ 223,777.00 11 $ 153,000.00 11 $ 248,300.00 $ 187,500.00
#
Items
Quantity
Required
UnitofUnit
eas
Mure
Price
Total
Cost
Unit
Price
Total
Cost
Unit
Price
Total
Cost
Unit
Price
Total
Cost
unit
Price
Total
Cost
#1-1
Bonds a nd Insurance
1 LS
$ 3,800.00
$ 3,800.00
$ 5,000.00
$ 5,00000
$ 1,000.00
$ 1,000.00
$ 2,400,00
$ 2,400.00
$ 2,000.00
$ 2,000.00
#1-2
Trench Excavation &Safety
1 l3
$ 3,000.00
1 3,000.00
$ 1.00
$ _ 1.00
$ 500.00
$ 500.00
$ 4,800.00
$ 4,800.00
$ 500.00
$ 500.00
#1-3
Mobilization and Demobilization (Shall Not Enceed 5%of Bid)
1 LS
$ 30,o00.00
1 11,000.00
$ 10,000.01
$ 30,00000
$ 3,111.11
$ 3,000.00
$ 11,000.00
$ 11,00000
$ 8,000.00
$ 8,000.W
#1-4
Site Work
1 Ls
$ 4,000.on
$ 1000.00
$ 5,o00.00
$ 5,000..0
$ 500.00
$ 500.00
$ 14,Boo.00
$ 14,600.00
$ 2,000.00
$ 2,000.00
#1-5
Interior Cleaning, Surface Preparation and Painting
1 LS
$ 77,100.00
$ 77,100.00
$ 45,DD0.00
$ 45,00000
$ 44,000.00
$ ",".Do
$ 40,600.00
$ 40,60000
$ 47,50D.00
$ 47,500.00
al-6
—Hor Cleaning, Surface Preparation and Painting
1 LS
$ 93,550.00
$ 93,550.00
$ 4D,DW.OD
$ 40,000.00
$ 31,500.00
$ 31,500.00
$ 65,500.0D
$ 65,500.00
$ 35,700.00
$ 35,700.00
41-7
Foundation Grouting antl Repair
1 is
$ 2,000.00
$ 2,000.00
$ 3,500.00
$ 3,500.00
$ 5,000.00
$ 5,000.00
$ 1,800.00
$ 1,800.00
$ 2,500.00
$ 2,500.00
#1-8
New Handrail
1 LS
$ 14,000.00
$ 14,000.00
$ 25,000.00
$ 25,00000
$ 15,000.00
$ 15,000.00
$ 11,]00.00
$ 11,]00.00
$ 18,500.00
$ 18,500.00
#1-9
Interior Ladder Safety Climb
1 IS
$ 4,000.00
$ 4,000,00
$ 4,000.00
$ 4,00000
$ 2,500.00
$ 2,500.00
$ I,70B.00
$ 1,700.00
$ 2,800.00
$ 2,800.00
#1-10
Disinfection and Returning Tank to Service
1 LS
$ 2,000.00
$ 2,000,00
$ 1,776.00
$ 1,77600
$ 1,000.00
$ 1,200.no
$ 1,000.00
$ 1,000.00
$ 1,500.00
$ 1,500.00
p1-11
Remove Liquid Level Indicator
1 l5
$ 2,300.00
$ 2,300.00
$ 1,000.01
$ 1,000.00
$ 1,500.00
$ 1,500.00
$ 1,700.00
$ 1,700.00
$ 1,500.00
$ 1,500.00
#1-12
New Pipe Bollards to Protect Propane Tank
1 lS
$ 1,600.00
$ 1,600.00
$ 2,000.00
$ 2,000.00
$ 1,000.00
$ I,000.OD
$ 3,600.00
$ 3,600.00
$ 1,500.00
$ 1,500.00
#1-13
Vent Replacement
1 LS
$ 7,000.00
$ 7,000,00
$ 6'500.00
$ 6,50000
$ 6,500.00
$ 6,500.00
$ 4,800.0.
$ 4,800.00
$ 9,500.00
$ 9,500.00
#1-14
GndBee GS-9 Tank Mixer(Including SCADA modifications)
1 LS
$ 25,000.00
$ 25,000.00
$ 55,000.00
$
$ 25,000.00
$ 25,000.00
$ ]2,500.00
$ 72,50000
5 30,000.00
$ 30,000.00
#1-15
Overflow Entension with New Screen and Flap Valve
1 lS
$ 9,800.00
$ 9,800.00
$ 15,000.00
15,00000
$ 15,00000
$ 12,000.00
$ 12,000.00
$ 7,000.00
$ ],000.00
$ 19,500.00
$ 19,500.00
#1-16
Replace Fill/Drain Floor Penetration
1 LS
$ 4,800.00 $ 4,800.00
$ 5,000.00
$ 5,000.00
$ 3,000.00
$ 3,000.00
$ 3,600.00 $ 3,600.00
$ 4,500.00
$ 4,SOO.op
'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
[ITV OF
FAYETTEVILLE
ARKANS
ARKAN5A5
Bid 21-56, Construction — Round Mountain
Standpipe Rehab
Project Overview
Project Details
Project Name Bid 21-56, Construction — Round Mountain Standpipe Rehab
Project Owner Amanda Beilfuss
Project Type ITB
Department Purchasing
Certification of Funds $250,000.00
25% Allowance $62,500.00
Total Allowance $312,500.00
The City of Fayetteville invites qualified vendors to bid on the
rehabilitation and improvement of the Round Mountain Standpipe.
Contract includes, but is not limited to, the rehabilitation & recoating of the
Project Description one -hundred thousand (100,000) gallon water tank located at 14360
Round Mountain Road, Fayetteville, AR 72701. The Contract also
includes interior tank mixing and minor site work. All questions during the
bidding process shall be addressed to Andrea Foren, City Purchasing
Manager.
Open Date May 30, 2021 12:00 AM CDT
Close Date Jun 24, 2021 2:00 PM CDT
CITY OF
FAY E4ILLE
ARKANSRKANSAS
Highest Scoring Supplier Score
Maguire Iron, Inc. 100 pts
Seal status
Requested Information Unsealed on Unsealed by
Required City Forms Jun 24, 2021 2:02 PM CDT Amanda Beilfuss
Bid Bond Jun 24, 2021 2:02 PM CDT Amanda Beilfuss
Arkansas Contractor's License Jun 24, 2021 2:02 PM CDT Amanda Beilfuss
Arkansas Secretary of State Jun 24, 2021 2:02 PM CDT Amanda Beilfuss
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 Jun 24, 2021 2:02 PM CDT Amanda Beilfuss
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.
Bid 21-56, Bid Form (BT-17DR) Jun 24, 2021 2:02 PM CDT Amanda Beilfuss
CITY OF
FAY E4ILLE
ARKANSRKANSAS
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?
Amanda Beilfuss Jun 24, 2021 2:03 PM CDT No
[ITV OF
FAYETTEVILLE
ARKANS
ARKAN5A5
Questions and Answers
No messages
[ITV OF
FAYETTEVILLE
ARKANS
ARKAN5A5
Public Notices
Addendum 1 issued to Bid 21-56, Construction - Round Mountain Standpipe Rehab
Andrea Foren, Jun 10, 2021 11:20 AM CDT
Addendum 1 has been issued to Bid 21-56, Construction - Round Mountain Standpipe Rehab and
is available in the public files as "Bid 21-56, File 03 - Addendum 1 ". Please direct all questions to
Andrea Foren at aforen@fayetteville-ar.gov. - Project Public Files changed
Addendum 2 issued to Bid 21-56, Construction - Round Mountain Standpipe Rehab
Andrea Foren, Jun 21, 2021 10:56 AM CDT
Addendum 2 has been issued to Bid 21-56, Construction - Round Mountain Standpipe Rehab and
is available in the public files as "Bid 21-56, File 04 - Addendum 2". Please direct all questions to
Andrea Foren at aforen@fayetteville-ar.gov. To access this addendum visit http://fayetteville-
ar.gov/bids. - Project Public Files changed
CITY OF
FAYETTEVILLE
ARKANSAS
Submissions
Supplier
Date Submitted
Name
Classic Protective
Jun 23, 2021 3:29 PM
Ray Witke
Coatings, Inc.
CDT
Utility Service Co., Inc.
Jun 24, 2021 10:54 AM
Cristyl Smith
CDT
Leher Painting
Jun 22, 2021 4:04 PM
Jason Leher
Enterprises, Inc.
CDT
Viking Painting
Jun 23, 20211:31 PM
Carter Spoelstra
CDT
Maguire Iron, Inc.
Jun 24, 2021 11:07 AM
Shannan Ellefson
CDT
Email
Confirmation Code
bdittman@classicprotectivecoatings.com I MTQ4ODQy
shd-utdw-biddepartment@suez.com MTQ4OTQ1
TANKMASTERJ@aol.com MTQ4Njgx
bids@viptanks.com MTQ4Nzkw
ellefsons@maguireiron.com MTQ4OTQ4
CITY OF
�R FAYETTEVILLE
ARKANSAS
Project Criteria
Criteria
Points I Description
Total Bid Price 100 pts I Total Bid Price
Within Certified Funds Pass/Fail I Total base bid must be within 125% of certified funds.
Total
100 pts
��FAYETTEVILLE
ARKAKSAS
Scoring Summary
Active Submissions
Total
1100 pts
100 pts
Total Bid Price
/ 100 pts
100 pts ($153,000.00)
Within Certified Funds
Pass/Fail
Pass
Supplier
Maguire Iron, Inc.
Viking Painting
81.6 pts
81.6 pts ($187,500.00)
Pass
Leher Painting Enterprises, Inc.
68.37 pts
68.37 pts ($223,777.00)
Pass
Utility Service Co., inc.
61.62 pts
61.62 pts ($248,300.00)
Pass
Classic Protective Coatings, Inc.
57.97 pts
57.97 pts ($263,950.00)
Pass
�4ARKANS ES
FAYET
Proposal Score Comments
Classic Protective Coatings, Inc. - Scoring Comments
Total Bid Price - Reviewer Scores
Reviewer Score Reason
Amanda Beilfuss 57.97 pts ($263,950.00)
Within Certified Funds - Reviewer Scores
Reviewer Score Reason
Amanda Beilfuss Pass Meets the requirement(s)
Comments
Within total allowed amount.
Comments
Within total allowed amount.
CITY OF
�S FAYETTEVILLE
ARKANSAS
Utility Service Co., inc. - Scoring Comments
Total Bid Price - Reviewer Scores
Reviewer Score
Amanda Beilfuss 61.62 pts ($248,300.00)
Within Certified Funds - Reviewer Scores
Reviewer
Amanda Beilfuss
Score
Pass
Reason Comments
Within total allowed amount.
Reason
Comments
Meets the requirement(s) I Within total allowed amount.
CITY OF
�R FAYETTEVILLE
ARKANSAS
Leher Painting Enterprises, Inc. - Scoring Comments
Total Bid Price - Reviewer Scores
Reviewer Score
Amanda Beilfuss 68.37 pts ($223,777.00)
Within Certified Funds - Reviewer Scores
Reviewer
Amanda Beilfuss
Score
Pass
Reason Comments
Within certified amount.
Reason
Comments
Meets the requirement(s) I Within certified amount.
._ FAYETTEVILLE
ARKANSAS
Viking Painting - Scoring Comments
Total Bid Price - Reviewer Scores
Reviewer Score
Amanda Beilfuss 81.6 pts ($187,500.00)
Within Certified Funds - Reviewer Scores
Reviewer
Amanda Beilfuss
Score
Pass
Reason Comments
Within certified amount.
Reason
Comments
Meets the requirement(s) I Within certified amount.
��FAYETTEVILLE
ARKANSAS
Maguire Iron, Inc. - Scoring Comments
Total Bid Price - Reviewer Scores
Reviewer Score
Amanda Beilfuss 100 pts ($153,000.00)
Within Certified Funds - Reviewer Scores
Reviewer
Amanda Beilfuss
Score
Pass
Reason Comments
Lowest Base Bid
Reason
Comments
Meets the requirement(s) I Within certified amount.
CITY OF
FAY E4ILLE
ARKANSRKANSAS
Signatures
Name
Amanda Beilfuss
(Project Owner)
Amanda Beilfuss
(Evaluator)
Andrea Foren
(Evaluator)
Signatures
Amanda Beilfuss Digitally signed by Amanda Beilfuss
Date: 2021.06.29 10:58:14-05'00'
Digitally signed by Amanda
Amanda Beilfuss Beilfuss
Date: 2021.06.29 10:58:24-05'00'
Andrea Dig ita I ly sig ned
by Andrea Foren
Date: 2021.07.14
Foren 17:17:43-05'00'
DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: FAYETTEVILLE ROUND MOUNTAIN Bid 21-56
STANDPIPE REHABILITATION
THIS AGREEMENT is dated as of the -S- day of in the year 2021 by and
between The City of Fayetteville, Arkansas and Maguire Iron, Inc._ (hereinafter called Contractor).
ARTICLE 1- WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract
Documents. Refer to SECTION 00400 BID FORM for quantities.
ARTICLE 2 - ENGINEER
2.01 The Contract Documents have been prepared by Garver, LLC. Garver, LLC
assumes all duties and responsibilities, and has the rights and authority assigned to
City of Fayetteville Utility and/or 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, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the
Contract.
3.02 DATES FOR COMPLE`I"ION AND FINAL PAYMENT:
3.03 The Work will be completed and ready for final payment within 60 calendar days
after the date when the Contract Times commence to run as provided in the
GENERAL CONDITIONS.
3.04 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.
00500 Agreement.docx 00500-1 19WO1270
DOCUMENT 00500 — AGREEMENT (continued)
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
in Paragraph 3.02 for completion and readiness for final payment until the
Work achieves final completion.
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 prices bid in the Proposal (SECTION 00400 - 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.
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.
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
00500 Agreement.docx 00500-2 19WO1270
DOCUMENT 00500 — AGREEMENT (continued)
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 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 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.
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.
00500 Agreement.docx 00500-3 19WO1270
DOCUMENT 00500 — AGREEMENT (continued)
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
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
00500 Agreement.docx 00500-4 19WO1270
DOCUMENT 00500 — AGREEMENT (continued)
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.
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
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DOCUMENT 00500 — AGREEMENT (continued)
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: City of Fayetteville
Fayetteville, AR
Round Mountain
Standpipe Rehabilitation
8. Addenda number 2
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.
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DOCUMENT 00500 — AGREEMENT (continued)
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.
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
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DOCUMENT 00500 — AGREEMENT (continued)
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 and Engineer. Two
counterparts each has been delivered to The City of Fayetteville. All portions of the Contract
Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or
identified by Engineer on their behalf.
00500 Agreement.docx 00500-8 19WO1270
DOCUM ENT 00500 — AGREEMENT (continued))
This Agreement will be effective on t4 ; which is the Effective Date of the
Agreement.
CONTRACTOR
I ldl Ruirf. -11 aun CITY F FAYETTEVILLE
Title: L —(i
Attest
�►►"%III eM_.�.�.
0AL) (SEAL)
itm�'
/-rO� \.4ex \ KARA PAXTON, CITi CLE ( TEST)
00500 Agreement.docx 00500-9 19WO1270
DOCUMENT 00500 — AGREEMENT (continued)
Addressforgiving notices Address for- giving notices
113 W. Mountain St.
StOUx �a�`S CJ� rj�il(j� Fayetteville, AR 72701
License No. ()�& 1.w(�SVL (attach evidence of authority to
Agent for Service of process
NIA
(If Contractor is a corporation,
attach evidence of authority to
sign.)
sign and resolution or other documents
authorizing execution of Agreement)
Approved As to Form:
By:
Attorney For:
END OF DOCUMENT 00500
00500 Agreement.docx 00500- 10 19WO1270