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Home My WebLink About97-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 97-22 File Number: 2022-0348 BID #22-26 GOODWIN & GOODWIN, INC.: A RESOLUTION TO AWARD BID 922-26 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $603,630.00 FOR THE REPLACEMENT OF WATER SERVICE LINES IN THE SKYLER SUBDIVISION, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $120,726.00 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 #22-26 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 $603,630.00 for the replacement of water service lines in the Skyler Subdivision, and further approves a project contingency in the amount of $120,726.00. PASSED and APPROVED on 5/3/2022 Approved: Attest: C1 Ty Lioneld Jordan, May,- Kara Paxton, City Clerk Treasurer Fq yr 7�b4Z: Page t Printed on 514122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0348 Agenda Date: 5/3/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.8 BID #22-26 GOODWIN & GOODWIN, INC.: A RESOLUTION TO AWARD BID #22-26 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $603,630.00 FOR THE REPLACEMENT OF WATER SERVICE LINES IN THE SKYLER SUBDIVISION, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $120,726.00 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 #22-26 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 $603,630.00 for the replacement of water service lines in the Skyler Subdivision, and further approves a project contingency in the amount of $120,726.00. City of Fayetteville, Arkansas Page 1 Printed on 51412022 City of Fayetteville Staff Review Form 2022-0348 Legistar File ID 5/3/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 4/13/2022 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #22-26 and approving a construction contract with Goodwin & Goodwin, Inc. in the amount of $603,630.00 for removal and replacement of water service lines in the Skyler subdivision, and approving a project contingency in the amount of $120,726.00. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1 Water System Rehabilitation/Replacement Project Number Project Title Budgeted Item? Yes Current Budget $ 11,032,445.00 Funds Obligated $ 8,454,176.58 Current Balance $ 2,578,268.42 Does item have a cost? Yes Item Cost $ 724,356.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 1,853,912.42 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 3, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: April 13, 2022 CITY COUNCIL MEMO SUBJECT: Bid #22-26, Goodwin & Goodwin, Inc. — Construction Contract for Water Service Line Replacements in Skyler Subdivision RECOMMENDATION: Staff recommends awarding Bid #22-26 and approving a construction contract with Goodwin & Goodwin, Inc. in the amount of $603,630.00 for removal and replacement of water service lines in the Skyler subdivision, and approving a project contingency in the amount of $120,726.00. BACKGROUND: On April 5, 2022 the City of Fayetteville accepted sealed competitive bids for the Skyler Subdivision Water Service Line Replacement project. Goodwin & Goodwin, Inc. submitted the lowest bid. All bids are shown here: Goodwin & Goodwin, Inc. $603,630.00 Goins Enterprises, Inc. $779,770.00 DISCUSSION: This project will remove and replace HDPE water service lines that frequently leak and require repairs in the street and private driveways. The lines will be replaced with copper meeting current city specifications which should drastically reduce leaks and maintenance in this neighborhood. This project will replace 57 Service lines, serving approximately 114 residential units. BUDGET/STAFF IMPACT: Funds are available for this project in the Water System Rehabilitation account. Attachments: Project Vicinity Map Certified Bid Tab, Bid #22-26 Engineer's Letter of Recommendation Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 PROJECT AREA VICINITY MAP Skyler Subdivision Water Service Line Replacements CITY OF FAYETTEVILLE ARKANSAS BID TABULATION BID 22-26, CONSTRUCTION - SKYLER SUBDIVISION WATER SERVICE LINE REPLACEMENT DEADLINE: TUESDAY, APRIL 5, 2022 BEFORE 2:00 PM, LOCAL TIME Certified Funds $ 600,000.00 25% Additional Allowance Allowed Per State Law $ 150,000.00 Maximum Award Amount $ 750,000.00 SUMMARY OF ALL BID SCHEDULES Goodwin & Goodwin, Inc. Goins Enterprises Inc. TOTAL BASE BID $ 603,630.00 $ 779,770.00 Goodwin & Goodwin. Inc. Goins Enterprises Inc Line Description UOM QTY jUnit Extended jUnit Extended 1 Mobilization LS 1 $30,000.00 $30,000.00 $34,000.00 $34,000.00 2 Bonds and Insurance LS 1 $15,000.00 $15,000.00 $11,000.00 $11,000.00 3 Roadway Asphalt Removal and Repair SY 125 $250.00 $31,250.00 $234.00 $29,250.00 4 Concrete Pavement Driveway Repair SF 19950 $14.00 $279,300.00 $18.00 $359,100.00 5 Concrete Pavement Sidewalk Repair SF 1120 $14.00 $15,680.00 $11.00 $12,320.00 6 Service Line Replacement on Same Side of Street as Waterline EA 17 $2,200.00 $37,400.00 $3,300.00 $56,100.00 7 Service Line Replacement on Opposite Side of Street as Waterline EA 40 $4,000.00 $160,000.00 $6,000.00 $240,000.00 8 Incidentals LS 1 $25,000.00 $25,000.00 $20,000.00 $20,000.00 9 Sediment and Erosion Control LS 1 $8,000.00 $8,000.00 $5,000.00 $5,000.00 Trench and Excavation Safety Systems, as required by Act 291 of the 10 1993 Arkansas General Assembly LS 1 $2,000.00 $2,000.00 $13,000.00 $13,000.00 Total $603,630.00 $779,770.00 Jonathan Smith Jonathan Smith, Purchasing Agent Andrea F o re n Digitally signed by Andrea Foren Date: 2022.04.07 16:34:43-05'00' Andrea Foren, Purchasing Manager Digitally signed by Jonathan Smith Date: 2022.04.06 13:26:53-05'00' Date Date olsson April 15, 2022 City of Fayetteville, Arkansas Fayetteville Water & Sewer Operations Attn: Mr. Corey Granderson, Utilities Engineer 113 W. Mountain Street Fayetteville, Arkansas 72701 Re: Recommendation to Award Skyler-Willowbrook-Evening Shade Water Service Line Replacement Fayetteville, Arkansas Olsson Project 021-04415 Mr. Granderson: Bids for the above referenced project were received and opened on April 5, 2022. A total of two (2) bids were submitted and have been reviewed. The bid totals received are shown below. Goodwin & Goodwin, Inc. $603,630.00 Goins Enterprises, Inc. $779,770.00 After review of the bids, it is our recommendation that Notice of Award be given to the apparent low bidder, Goodwin & Goodwin, Inc., in the contract amount of $603,630.00. Please do not hesitate to call with any questions, comments, or if any further information or documentation is required. Regards, tlu�Lva"-) Erin Needham, PhD, PE April 6, 2022 Bryan Goodwin President Goodwin & Goodwin, Inc. 3503 Free Ferry Road Fort Smith, AR 72903 Re: NOTICE OF LOW BID wis CITY OF FAYETTEVILLE ARKANSAS Sent via email: pipedude08(a)_yahoo.com City of Fayetteville, Arkansas; BID 22-26, Construction, Skyler Subdivision Water Service Line Replacements Dear Mr. Goodwin, The City of Fayetteville Arkansas publicly opened bids received on April 5th, 2022 for BID 22-26, Construction, Skyler Subdivision Water Service Line Replacements. Your company is the low bidder. Your bid is $603,630.00. The City of Fayetteville's contract review process requires that you sign the proposed "Agreement" (DOCUMENT 00 52 00) and provide all required attachments and documents prior to City staff review. The staff review process is an internal PDF review by many departments including budget, accounting, legal, purchasing, City Clerk and Chief of Staff. In addition to the City staff review, the Fayetteville City Council Water and Sewer Committee, and then the Fayetteville City Council, will review the proposed contract. Please complete/fill in and sign, but do not date, the attached copy of DOCUMENT 00 52 00 —AGREEMENT pages 1 — 12 and return to me (pdf preferred). Please note that this request and your signing of the proposed Agreement does not guarantee that the City of Fayetteville City Council will approve the contract. This request does not obligate the City of Fayetteville in any manner, but this request is the start of the review process for the proposed contract. You will not have an Agreement/Contract until the City of Fayetteville City Council has approved the proposed contract and both you and the Mayor of Fayetteville have executed the approved Agreement/Contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The review schedule is proposed as: Water and Sewer Committee April 12, 2022 City Council Agenda Session April 26, 2022 City Council Meeting May 3, 2022 To meet this schedule, I need your signed Agreement and attachments by Thursday, April 14'". PDFs are preferred. I appreciate your help to start the City's contract review process. Please call me and/or email if you have any questions, or if I can assist in any way. Sincerely, 4 Iz, Corey Granderson, P.E. Fayetteville Utilities Engineer c: 479-301-4801 cgranderson(a�_fayetteville-ar.gov Attachments: DOCUMENT 00 52 00— AGREEMENT pages 1 — 12 Skyler-Willowbrook- Even ing Shade Service Line Replacement 021-04415 Fayetteville, Arkansas SECTION 00 52 00 —AGREEMENT AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: SKYLER-WILLOWBROOK-EVENING SHADE SERVICE LINE REPLACEMENT Contract No.: 22-26, Construction THIS AGREEMENT is dated as of the 3 day of in the year 2022 by and between The City of Fayetteville, Arkansas and Goodwin & Goodwin, Inc. (hereinafter called Contractor). ARTICLE 1- WORK 1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Agreement includes, but is not limited to: Installation of new, 1-inch copper water service lines for all existing water meters on Skyler Drive, Willowbrook Drive, and Evening Shade Drive from the existing water line to 18 inches past the water meter. For meters on the same side of the street as the water line, replacement of all existing service lines. For meters on the opposite side of the street, installation of new 1- inch copper service lines within the existing 2-inch diameter service lines. Removal and repair of roadway asphalt, concrete driveway, and sidewalk as needed to install service lines and all other items set out in the drawings and specifications for a complete installation. 1.2 The Contractor agrees to perform the work described in the Contract Documents and comply with the terms therein for the amounts shown in the Bid Proposal. Refer to Section 00 41 43- Bid Form for quantities. 1.3 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. 1.4 Contractor is responsible for obtaining all applicable permits. The fees for City of Fayetteville (only) issued permits shall be waived. February 23, 2022 00 52 00 - 1 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement 021-04415 Fayetteville, Arkansas 1.5 The Contract may include work in City of Fayetteville right-of-way, ARDOT (State) right-of-way, railroad right-of-way and in General or Utility Easements. ARTICLE 2 - ENGINEER 2.1 The Contract Documents have been prepared by Olsson (Engineer) for the City of Fayetteville. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.1 TIME OF THE ESSENCE A. All time limits for milestone, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.2 DATES FOR COMPLETION AND FINAL PAYMENT A. The Work shall be substantially completed within 120 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 within 135 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. 3.3 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 Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified above in Paragraph 3.2 for Substantial Completion until the Work is Substantially February 23, 2022 00 52 00 - 2 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 021-04415 Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.2 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 4.1 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. 4.2 As provided in the Contract 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 Contract Documents. 4.3 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 1. Further, there shall be no changes to the scope and/or contract documents without prior written approval of the Engineer of Record and the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.1 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. 5.2 PROGRESS PAYMENTS, RETAINAGE February 23, 2022 00 52 00 - 3 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 021-04415 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. 1. 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. B. 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. February 23, 2022 00 52 00 - 4 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 021-04415 6.1 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(s) 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 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. February 23, 2022 00 52 00 - 5 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 021-04415 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 7.1 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 this Agreement and 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. February 23, 2022 00 52 00 - 6 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 3. Performance, Payment, and other Bonds. 021-04415 a. The Performance and Payment Bond shall be one hundred percent (100%). 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 (Drawings), with each sheet bearing the following general title: Skyler- Willowbrook-Evening Shade Service Line Replacement. 8. Addenda numbers 1 to , inclusive. 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 8.1 TERMS A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.2 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. February 23, 2022 00 52 00 - 7 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 8.3 SUCCESSORS AND ASSIGNS 021-04415 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. 8.4 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. 8.5 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. 8.6 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 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 February 23, 2022 00 52 00 - 8 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 021-04415 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 and copies have been provided to the Contractor and 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 /V2022, which is the Effective Date of the Agreement. CONTRACTOR: Bv: Bryan Goodwin (Type or legibly print) (Signature) President CITY OF FAYETTEVILLE Contractor shall attach evidence of authority to sign. By: Lioneld Jordan (Type or legibl print) A (Signature) Title: Mayor 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 from 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. February 23, 2022 00 52 00 - 9 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas (SEAL) Address for giving notices 3503 Free Ferry Road Fort Smith, AR 72903 License No. 0016960422 Agent for Service of process Bryan Goodwin, President (Type or legibly print) (Signat e) 021-04415 (SEAL) Attest 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. February 23, 2022 00 52 00 - 10 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF SECTION 00 52 00 Approved as to Form: By: Attorney For: 021-04415 February 23, 2022 00 52 00 - 11 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas THIS PAGE LEFT BLANK INTENTIONALLY 021-04415 February 23, 2022 00 52 00 - 12 AGREEMENT 100% Construction Documents Arkansas Secretary of State John Thurston State Capitol Building ♦ Little Rock, Arkansas 72201-1094 ♦ 501-682-3409 Certificate of Good Standing I, John Thurston, Secretary of State of the State of Arkansas, and as such, keeper of the records of domestic and foreign corporations, do hereby certify that the records of this office show GOODWIN & GOODWIN, INC. authorized to transact business in the State of Arkansas as a For Profit Corporation, filed Articles of Incorporation in this office June 1, 1993. Our records reflect that said entity, having complied with all statutory requirements in the State of Arkansas, is qualified to transact business in this State. In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 6th day of April 2022. C� O ineerti$ ate Au�t� atn Code: 4c994838749edfb To verity ttee uthorizattion Code, visit sos.arkansas.gov �9tI3i2016 41858 4796-462659 H"1W AhID m PAGE 01182 9 0 STAT 0�' AM AN IS -OFFICE DY THE SECRETAR'a Igo; in va OF ST?,TB JMTICLIS OF XIMWWCV _PMW1 oil l'YA 41:1 GOODWI N fi C4XDwjN, IyC. SY., .: ThyUMOZIMigned, natural persons of ..the age of twent years or moone mort, acti�q as sncorporators of a eorpor�ti6 on Under the Arkansas 8tts�ness Cozpozatior► act of ' 198'f, ad&ajwm the follo�r articlaa of �ncarp�ratfon of such ccrporation: ing FIRST: The name of the Corp'ratiott is: G�dt►in & Goodwin Inc. S�oND: The P a 03: purposes for wh"ich the Corporatiar� is 01MI'lalli�ed are: To arigatjo in the -Constru ction butlrIOSS iks a genaral 00ntr&Cftrand as a subcontractor, includjnq p�ua�bing contracting, genera.]. co�strvctioti, and Il t�rpes of construction, aenter nd to into co�xacts with property awrt�rs far the Also of overcoats on their proFax"GY and the i.riotallatif)n at Iumb r�q te�s d heat�t�q and six candit'oorsinq systerns, and to 4ngaqw in rep:.fir work InClud,i,nq repay of V,jumb3tlY aystemIands heating �d air aandtioningSY4t6X&iand all o o f repair math r.MrAft . to structures and "e systs�s th''AweO f, aid to angago it remode�ir� Vorit, stud to Lanaago in al 00.1rIAM�uation, c�o�erc�al oo»etructiaa, and industrfa� constructfon, ar�d to contract Stith respect two all of Sjueb PUXWmw*,, and to own real estate &nd to constrt�ct IMIP-Tov�p,ents therem end to sell paid zeal estate and to dlap r�nl estate develop�aent$ �nclud:�ng commercial, dar►d irldustriai real *state devolopmes�ts, and to.enter into Leaseswith rollpect to AroP��Y oimed by this corporatocnion, and to itti respQct to all of the above f ranesd puzpo�es, and to conduct any lawful business AtUthorzaad by NO Arkanzag • S��in�ss Corporation Act of Is 9117 a The ccrporation, acting through its Berard a,f Diroctars, s}�a11 V ��au'tlsozi��to enter'into any genaral oz �i.mit� partnership Y person, firm. or corporation for the purpas�s of carrying out arky, of the objects or Pur of the ati on. THIRD The agqr�qate number of have the authority to issu* is starts which the c ation steal]. 2.000 shares. The desieach class , the number of gharso of each class, or a stntthat the -shares o! ny class are without pay value, ara as follows, 89/13/2816 149658 47,136462659 HANCINS AM PACE 132/182 NUM88R OP PAR VA—tm, p= SI�14R8 OR Si3alR$S CIASS �$RIB� IFSTATEI�$NT THAT SNARES � ) ARE vf:rw T PAR VALUE 2, 000 Ce�aaot� Kona No Par FOURTH: Tie addre.z, cor 'tt z 8 of the initi�al risted office oP ifs q�,r09 Texas Road, Foxt Smith , AR 72903, and the nam..... of the initial re,cjistezed agent at such adc}=gss Bryan Goodw;n The nU13Mber of Dir�ctgre� cp�stituting the ir�iti�2 13aarB of ars is a rind they Will serve as directors until tho first a t7�nua1 ml�t�t�g o� ii-,,hnauvehold�rs r until their sacs�saors are elsCt�d ensd,,qustZified. The rivIRUez of directors to be s2eOt�d Ot a al �estirsq c:aI:L.4bd,for that carporatian b�c,�� owned of regard PU��'0 W'h�`n shares of tbfs t-W-0,; and, the of dixeett�r� to be elected arehoiLdlers, shall be ca1led far that PUrPQSG when sharps of this cc ��.a� meeting earned of ra�vrd by core than twv shareholders, �ba�12 be 4 �'� 8O$rd ofhave tts� autnori to the rectors to �xtBT�t allo�ed by the Ark-1k, hssls Corporation Act of :L9876 BZX�'As MAKE Thy n0as and address of Bach Bryan a, in Sara V vin RZSS 9009 TOXOR Road 8 GO9 TeN.'al0 s Road fncotgotator ie; CITY a STJkTR Fort- t,,, h-1�1�1R 7Z903 Fort 3tait2l , JM 729,03 SEVS�3: At all elections of birectar$ or thin corporatio. c-h- 0arri�older snail bentftled tnea as many votes aa shall equ'a, � I thgOfUTa rich (�XCOpt for thss.. pravfsion� as to"UsativeVOting) h� �utd b� ertit�t�d to cast for the 4Isctian of directorr, with respect to his ShAres pIiQd by the nub o! t�frectars to be �l�ctect, as�t he may cast a sucxi votes for a sfngle dirls.ctor, or may d,-istri.but,* thorn amariq the number to'bt voted for, or any tmo or ire of may see fit. DAz�n: �'a io/ xy92 SIG�TURE OF I CO TORS: J..Aamm 89l13/�816 15:81 4795462559 PAIM 81/89 rmwwr-I Lj6& 09/13/2816 15:81 479-6462659 T m Ak c , alft. 171 132/89 R 'I'ICL� II Sedum 1 eWw ANIPMWo�t 2 Section 3 Sectia�a 4 3tction S Section 6 soQII 7 s�CLidII % ART-ICIS FYI S�Ctivn Sectio�a Sartion Section Section 3o�ti� I 2 3 4 5 6- 2 Socticm 3 Section 4 sMAPALKs 3ac�ion 6 � ni 4 I V � f G4t}DWA�t &G00D"%1W NC . �1N 4�►�tKAN3ll8 CO�C�A►'ITt3l� TTableof Coammta 0MC clzs aAA.ti.lssea ti`terw•toiAr00lots ofseA-A•46.9frAfA•s..*rialir..i•�flrtrAt SEIM .ssi•AR.f#tAAi�.w.rMs••�i.♦•rr..s•w....t*.•.•.ai•as+r4ss.s. �•lir-srwaArtalitisens•aswl6wwssa•alins••lot •i!•saasalp poso•ias&&&#*•alp r ftw ws 440ab•awwwoo .•wasa•. n-WOOS00440 a$a ftaG.•s.•«• Pima 0 14 6569e0WOS010i19•9Wi'8W.060do0946 464ai$1rlstww.swsisoa N�rawaaia ,ft of M-[C�11"x iifhM .r! !s aii fell �� ww v ssa• ate iply •a•asfss•sfa•saswewwswNoble airs** Now • s•�iiwssss*a•* 'as ww'sasa•Ib•p4♦s.Saone *boom%sill•a•aasa.&•aswassr•a.s•ia•asasswawaa Prmd.1ma A ins *savIIv*w•s s•tripsrise•rwssa. ia.s i!awa• as� s� • •aarwsww•i• s •ia«lwirtsfilwrlA�i•awes. Vaftof MM=.W* ri wis 06009 tri ass ssas aaaats ws sse saasl�fifs#srr Ma�•►sri4wsa..re s- s `0 yj a •sr4 a • fell a a • few t� wee w A•�• •es of as i••w% r►sss• ••r'•w i 909 641000'i1000Ws NO 611144 a.s*s IsSO 00 iili i41 we is trft �M lain•s#t4«!♦seswsa:ata+sww�.wasisa•as•rrrrRwsa:aa•i-.sw.age aa 044i6ifiiia N,mball Tftutc ficft,%M160611WIMS lossi� �i it�i! is r i ill fl a i'sitaai 1 *.rf rll�i•l4�i� f�f�AA ii ai•a `s�►�sesis.�4!•ago •islssii+ai#.w fewwsiiM.;� 1#w nos at0s• 4t fell fer a saa•a• A Ms got us s,ss rah 004140 Gala* • so s. sew •*%&g a QUM, *fewer•wf•aaa.09rwa IV* +saaaaa•s!MIra esaaialif0ssa04 446#01P&rsaiw • ig/Ira l�i""A"iis#"ii" Wit fi9wwasaisaONsiiwiasailot Of' fiA�if�ii��lfe�if�� .�rw aaaa• sari • # �r'w.i• ! �!'rrlititi•Sr+�Mrlla�4iAa►wli!!�!�! 0.11 - M-C z 0 ! we *GO 40Ri i s s*•ilsas#• fp%9 fessawas w+wips•srseasfasW+ssaeia�sii•wwRsaw as•aissa4afw isesa,si�••saA�4 iliita.srl•asasAspeawin IIarw.wd6tt*rMaa0*414afa4irA#•s 'T" =.Of. i s ill i l i a gas i i ri- a o i i i 07 •r►w0sf ii'� ! !f 11 is ss...a! si# A• �.aaai6*00#0trrsRlps9aserf:44sfe'r,ra•ss*#a!f•ifewersssGo* ta fetrra*#•,siMr�ilsw�saiiMfs/e!e i !•l�s�*s. trsrs�:asssw�a+w�aw••aiwsawlwarawsa•saw�lsi1�M��sss�;��rsssai �aerirrwawAfesww.��aaws.wsawwsr.ww�s:ws•t fer••�i•wsaa«�f#eeiawssa*�•rlai�•r«.s�,•i �ssrrrt.r0ssasssi'•sgot wfsa4sthe Igo iaa•!ai•.Vegas so***0as.••ssls I 1 2 2 z 2 2 Z 2 3 3 4 4� 4 4 4 4 4 4 89/13/2016 150a 01 47964626,59 FI�hKINS Ate CO PAW. 8.3/09, AR,TIc�t. V Section 1 Sation 2 S- Sm- iian, 4 AR�'ICLE VI Section 1 Se cb,6,44wim 2 AR-Tl,-CU,, im ARTICLE vW A�R-T- ICI.E DC CONTRACTS, LOAN%, CHECKS AND DEP0�7;'S l04%r % all 5 S a &6&L6 0$94pq 1PIPralaatalsa►ssaaa•�,1rlfiaaaalllfk"e tas•saaa&&66 .• NPW•+liar04tl•!w raas�as�a�la�awllsrrl•�rasar9rip agouges's/asl/+rspit r■ra Sea aia•r'ilraisar661%fit ga••sassr,sa04t4%l/g••s%ra R• -m •rya•aassamme1111vvagogmanrrarri!•rsl66amesa ago 01940,sarusaas* OT OR see**& 6 C=-JWvA%ft1f%!, F &tees so bad CqLU1,d1bP- a an8604,46s41100IlMgaaaar404iaMr•50assraas0as0b101pipMge66as0so Trmm-, ft, 'Of' as 1 aa�a�••�.� aas��s�rr•asarsss I elrrsa � !�!•i•a84 41461Fwlgltlaa46664, F 'ISCALYZA Rv as off ago 601810,600401 %asasaarrrarbebwWariasss*$••aa6,b*#4ipseesioaa-#1•6 AT a 1i•4rlaRsas••saa'iraw sags* al•1bo*!lR$4aa **@ad# as NTS**,Navt *ago *010 Olaf$ *ago ago so 0666favelpme we 6004 06,04bell Vegas Goa as 4 4 5 5 5 5 5 5 6 IBS/13/2016 15:01 4796462659 �I�S AM PAM, 04/013 BX-LAWS ,LOA ACLE RT!1 T"ha pudpai officc of the co�pos�tian e�U be locates at 3'503 Free Fc"Ro4 FDtS anith, A&n 729,03. E20 T *)Fl� a,) r $�Cr�Dtr 1 A�vrut � 'the aa�nal me�cirig of the sh�lders shalt be bdd dtuing the€an�#�t Laic Of the m�rtit of Jwu�y in mch year, be,�iaai�g with the yet 1994, at a time c�nv�t to to, shareholders jr the purpa�e Of elec4ng Direcbars �d £or iffie tr�saction of summsy caaue s z s� atBs b�► any tie wed by tau � b� the Boma of D�ro�ors sect s�au be All f- dblby the P�d�d st the e+v�uat of tha I�c�idecs if sot less tt�ta ors tanth of all tyre OUb�g a Of the ovrpccat�si rrooti�ed �o vale m�e at th+e m�eetiag. s�cr�orr s PuceOp�,A�rrxc T7�e �3c�+d of Dir�rs any► de�S� �4Y P� ��er a►itMz� a wltbrout tie OfArlu�as, is the pLce of u�a�ag has spry Dual o9r �ciaTi meeting of s�ahaldea�. If � AS � is made, the pbce of m�etiag ei�I be tt� mcipa2 off cx c�tbie cacpor. secRox 4 Nm,=,a o� M Writ,tea or pnint,�ct notice s�iag tine plax, c1aY �d how of the s�tiag � in c� of a e�peclal jnew�titw. the ptapo�e or pvrpo�es �r which tau m+�ng i� callod, aha11 be tklivered no, less tiu� ten or mom thsa fly dsy� beSoQ+c the ds�e f the n�ng, either paso�ally yr by. aZait, by or. at tine d�reatit� of tie President, a� t}�e Aft, or the offi�oe�r or p ca�liag tie mealiag. to each s alder of �co�ci ebtitiad to vote at such mom. If m�ilad, Bch aaticc sbe�11 be d�ae�tud to be d�i�ered wl�n dep�i�ed in tine United S� mail, ad,dr�d to the s klar �t the $l�uei�atder's as it a on � s�ori� try bcolu of the � with P�Se pe�md. s s Qur�uv A msjori�y of dye o��sndiag Oftba carporatia� �tit�cd to vo�e, ree d is won or ��3' F�xY: sb,allll cos�stitut� a quantian at i raxbag of s"el�aIdas. I., f lei them a m�joruy of the au�diag abare� ars rep��d rt a mew. a m�ity of tine ago rep�eO�ed may sdjow'n tive meetiag $'oni time tO lino further r�iex. Apt such ac3jc d m�eet�aag at 89J1312816 156081 4796462659 PAGE 0,5,/ 89 which a quorum wall m Peat or t+epre�iod, anY maY be t�tsa�ed which might ve �y not!1aban aral�ed. gi �& " 11 vPIj&tjw4i-k � 4F �v At all mecting� Of shareholders, IL sharehoidec may vote by "Proxy led in wn,,iag by the shaz�ehaldar or by the shla Idea's duly stub,rized any fact. Such proxy shall be filed with t}�e Recpiry► of the oorpa�ation bdo�+e or at the time of tree meaii�g. No �rroxy shall be valid ai r eleven moaths the date of its execution, tmless oth�ise p�vided in tie p�nocy. S,-Z-,�,TTox 7vorl� oFS Sub, jec� bo the psoviaiaaa of �Ctivn 9, each Ecy sl�are e�itlod to vie mull be errtitled to one vote upon Bch me�ec sni�itted to � vote at a mee�ag of sbau�holda�. ju. � P�rprrr�R�cfns Each Awl F of shares in this corpo�anon abaft lave the fist right to Pie shames (sad securltiea ct�aveib'ble iato ) of bo freers time to time issaod (wi�atiter or ac t pa+�tty asILaeized}, iacluditag sba�+es fi�om ttze y a� this eorpoa�iom, is tine ratio tbat tha mtmber of a� held by call molder at the time of i�awe bears to tie total mm�b�r of sha�sr� rn�dmg, e�us�iva of tt+easury shares. '�'kia sig�rt shall be waived by �► a�eholdar wbo does satAML s� p�aapted within thnty (30) da3rss of receipt of a nacic� in writing ;&� � corporatia� a�iag �e p�ioes, �ma s� oanditi�s cf tits isau+e of si�ea said inviting said holds to exar�iae his pc eemp�iive rights. d sira of fhe eorporati,o� sl�atl b� mana�e8 by its Ba�+� caf Directors. S�crrt�t 2 NIAsR �QuAr�s 'T'he luLFubta of Dxtnctoss of the o� mil be taro. Each directio+r st�Il i�lti mztil - wwww,of sharehold c�ar ers cud �til the Diro'� aacoee�or shall I�+a bem Sort 3 R�Gur.�� AL egeilar melting of the Bosxd of Divftlm, shall be held without other thaa this by-law mme ely mar, a� atplace as, the anaaal mectiag of shyholders. The Board of Dirad�oxs rnsy Provide, bl► �, the tine sad place, eiti�er within or t1u Static of fay t}u holdir� of additic�at regul� meabnge wi#baut at]� notice IOU sash :+�olunon. sccr� 4 w.R,,,uAf A m�o�ity of the m�b�C of n ora $yea bysue. a of- Chia Arte III shall c0- I .ae a a HA NCiNS AND CO PAW 86/139 quor�n Soatine tcsas�tio�a of b � �Y �dng of the Ham of Dfttctom but if lei rhea � �°i�' a & a m��► of the Diractors t may adjourn the fl�ft al tie totime vvit}rout fvrth�er not�ce. S'9=04 S �R o�Acznwc The reef of t� majority of Dmctas Ff at a moetang at which is pit shall be � act of the Hard of Diraetors. SEC�'ION 6 co By Maw ofAt A sythar of the Bosr� of Directors, andand if any, for of the Board of sum fur ft�o�m ors. No auch PtYm�t shell p�acit�ide arny oo�pora�on is sny . . . . . other ► a� � � 9�t 7 PA=Aoq7W,, CW� A DlrecO�r of the cospc�r wbn is pcaeeat at a meetiIF ng of �e Beard of scion c� aJTY oWuch 'P�e m�a is mall be pined do assent to Um�s the D,awe.3 disci si�i be mtased is the atinubes, �tbe meeting o� unieaa tI� Director shah file a wrifx�n dia�nt to aciicn with the km �iag as Oita Smeary of tyre meeting be�or� the adjouc�o�at #�te�o� or shall f award dissent by regis�d mail tp ttt,e .,Now of tine coxpo�ation fmm�istely ati� tide a�djoiaament of the Wig„ 9u� right bo dissent aEmll not �FP1Y to a wlso varoad is Ivor a�at�h ac�a�. IV oF�rc�s Sscrrox i No�t�aIR 'Y� o�ioera of tbthe-mad,an �11 be a Pit ar�d a cry a+bc�m �aIl be elected by the Board of I)ir�ecta�s. Any tti+a�o or mc�+e cts� m:y be held b3► the see person, eattcept she o�%ea of Pnsicknt �d SecrtoN 2 TF OF OPa Tire ova of t1�e ca�pocatioa to be slecteci by the Board of Diriectoss sl�atl be elected a�t�atly by the Hord of Directors at tiie fiat meets of the Boad of, Dhuom field tier cash srmual meeiing of the sh�olders. �f the election of ofAc�s shall aat be held at s�sah meetiag, such electic�t a�tatt be held as scooa thereafter as canveaue�tlY �aY � F.�h oi�icer shaft hold office tuYa! a been duly e�a�d at�d alum 11 have 1, of � death or until � Qffcer �atl resi a� shall l�avc boea 4 d until the p •S p�+ovided. � ret�vad is t�,e SECttort 3 RB&AroY,e�, cnr appc►�ed by �u B+o�d of- A- Directs a�e�' be ,ed Bond 0 te of is its jvdgmm�t ttye best irnare� aF the oouporaticu, vwc d ba moved tfu�bY, bit urh natovsl shall be without prejudicey, of the 3 Waif '_^-^, ''''~ 4'2'-`.::)Is p`n=��rim-, '``�'�-`'� ^=`^s``.APPO=ofof �� not $xuu-'Oqv . VAch-A-V ,ZT vammq 19LIL Of d'ov*� r. a MNJ 4 AL 'd 011 AL Of uuay b6* fill byL Di fo r- -Pj Mficn Of *e mm s2c'! `' PIN nr dmto tb .of Ad�" . 'm jr VC to tz %Lrd of 1)4, Of n ale Am= mats — Of WL= Sw IAL -AMML AM of Of -C ASOL SUEM da to, low MAE Owdwin is ax ]REM M- -b Of 40 'IRV- lvwcw Vw 91 mm of the 0', the post ale �'M-Amcr-- 4= a V!,ft Lo uns.of, 0 ISAVC VALA of. ME Of 11L to id Of to be I. Aft- .&�� -�Iw by of, %Amu PhV' ~''^`�[~=.�,.� ^ '�,_`,`,'_,bfbeF`��^�~�.` / -`~- -`_ ~^'',-'`~.'� .',`^,``.=`/~ .._,�^_° 4 ,-.~� ' ^--'-^'`��^'oOf�^�,.�`,,`''.-.''`.^��`,.. --_-='~`.~..g..w. Of AMMEL AML- gm CIA IF R to to 'V -'AM 71 09/131-2016 15.0,91 4796- �4-626 59 PAGE 0-8/ 09 S�',CT[ON Z LOAM No Ioaaa mall b� coatracted on be�atf of the carpa�a� and ao evil of Wdebtainas be iss�od ui zts aa:ne valGss � by a molstian of tIu Boowdautbitbe g or confnedto specific �of D��• Stich i .,. IL 41Al f �� # !# Nit f'w v # $EC1'[OlY 4 DF All ft�nda of the sbsll be d %W, Vw"t Of, thse corpomlon in au�ch battica�, usc caxnpamie� OT Dire�rs mat► select des as tl�e Boa�+d of TIC.,.� vi circ�sFnn�s��..s.�vn . SeC'rtaly 1 CaRr�i�tz�s�RS��s S'haies of the co�por�tiou ai l be its such farm as a��i by t� Board of -Ow ampns, Such ceWfic�s aha11 be aig�aod b� tt�e Praaidcnt and by the Y• Aftfor ei�az+es st�11 be C4=-S= Val -Y r� or Tk� rime and MAL lux, wlwm tip 1211M Of of isstne, email be eat�+ed� � w�h the Aft. d�°�O�'• � � +ad to t3�e b�ka a£ the ce�tific� sh�Il be it��ed wu�ttil the f°II � �aJl be snd no far a JJJW numbar of af�ares sail have nevi+ gumw tit is cue of s lc�t, des�y,� or mndilat�ed �, a of Dfrectjr �s berms and is ,y � �e ea t� Boeid �Y 'be. r IF WWI r re _ # - AL ARTICLE VII I'7S'C�li YEr�.R Ir bTh ra. on ehe first day of Jenu�y aad ena crn the tb�y. 5 _ /13/2016 15:81 4796462,16519 HAWIW AND.,D PAGE 89l89 AR,TICLE IX SKI AL The Boyd of DirMrs. a corporate scel which "STl be ciecular inmadftft form I1 have instibed thr, five �me of the cOrpoaation is conditions peryvided by law. ARTICLE ia �NA�[ENTs Theme :wd, mdedor reported Md nW, by6kvra maY b WA by Vl mmttvofieof tine B�srd OfDbMAo�s st ffiny r�gzilsr of spacial moetmg �f the Board of Directors, oi' by afftm�ive vc�s of, two-thirds of tht o�istanding aharea. PLC ' D�$ b}►•�tiVP$ Of �C t�fpQi8�10II W�'�C SL �y t�l6 Of Directm 3 IS'b day e�'3ua�, t,- 3. DxRECTC3R 6 Be OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Chris Brown, Public Works Director CC: Kara Paxton, City Clerk/Treasurer Blake Pennington, Asst. City Attorney FROM: Kit Williams, City Attorney DATE: May 11, 2022 RE: Improper Request For City Attorneys Signature Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Months ago I requested that your standard form for construction/engineering forms remove the: "Approved As to Form: BY: Attorney For: unless you needed or wanted the contractor's attorney to sign. Yet I still repeatedly receive the same old form which is not signed by the contractor's attorney. This confuses the City Clerk's Office which understandably thinks that therefore, I should sign. This could put the City in a slightly worse legal position in a breach of contract litigation, so I will not be the only attorney signing to approve the form of the contract. When a contract goes through Legistar for City Council approval by Resolution or even as a non -agenda item, my City Attorney's Office must indicate its approval before the contract proceeds through Finance and the Chief of Staff to the Mayor. Thus, the proper form of the contract had to have been approved by my office before the Mayor can sign and the City Clerk can attest his signature. If you want the contractor's attorney to sign "Approved As to Form', please change the last line to read "Attorney For Contractor" rather than "Attorney For: ." If you do so and that line is blank when submitted to Legistar, we should and hopefully will reject the agenda item until the required signature by the contractor's attorney is added. I believe that the best option remains my initial suggestion months ago to simply remove this signature block. 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council City Clerk Kara Paxton CC: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Chris Brown, Public Works Director Terry Gulley, Asst. Public Works Director Jonathan Curth, Development Services Director Steven Dotson, Internal Auditor FROM: Kit Williams, City Attorney DATE: May 2, 2022 RE: Mayor recuperating at home and performing essential duties Kit Williams City Attorney Blake Pennington Assistant City Attorrey Jodi Batker Paralegal Mayor Jordan is currently recuperating at home, but is fully capable and performing the essential duties of his office. One such duty was to clarify how and when his approval through use of his signature stamp could be exercised. Ordinances, Resolutions, Contracts and other documents approved by the City Council may have the Mayor's signature stamp applied upon the unanimous agreement of the Chief of Staff, Chief Financial Officer and City Attorney. A similar procedure was used during a rare week or longer vacation for the Mayor years ago where cell phone service at his vacation spot was not always reliable. An initial draft of his authority for use of his signature stamp was signed by Mayor Jordan on Friday April 29th and is attached. Mayor Jordan has just signed an updated and more specific and complete authorization detailing what the City Staff should do during this period when staff may speak with him for any necessary decisions or instructions, but when City Staff is authorized to perform housekeeping, ministerial, and uncontroversial actions on the Mayor's behalf. This replacement authority dated today is also attached and supersedes the April 29th authorization. Mayor Jordan has also designated his Chief of Staff to handle most of his normal meetings duties until his full time return to the office. The Vice Mayor shall conduct all City Council meetings and Agenda sessions as the Mayor recuperates. If any document proposed for the Mayor's signature has any questionable aspect, the Chief of Staff shall inquire upon Mayor Jordan s decision before his signature stamp is used or withheld. Mayor Jordan remains able to perform his necessary official duties although much of the noncontroversial, house -keeping measures will be handled by his Chief of Staff and necessary signatures by use of his signature stamp so the Mayor can get more needed rest. In the unlikely event that Mayor Jordan would be deemed by a Circuit Court as being "unable to perform the duties of office", Mayor Jordan has signed the attached Designation of Chief of Staff Susan Norton to Perform the Duties of the Office of Mayor If and When Necessary. A.C.A. §14-43-501 (b)(3)(C) provides that "one of the following individuals may perform all functions of a mayor during the disability or absence of the mayor: (C) An unelected employee or resident of the city if designated by the mayor and approved by the City Council." If the City Council does not approve the Mayor's designation of Chief of Staff Susan Norton, then the Mayor has designated Vice Mayor Sarah Bunch who as an "elected official of the city" does not need approval of the City Council. (A.C.A. §14-43-501 (b)(3)(B). 2 OFFICE OF THE MAYOR April 29, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following approval procedures to be used during any period I am absent from the City, under the following conditions: • Until I return to regular office hours Chief of Staff, Susan Norton will have the final approval necessary for Legistar items My signature stamp may be used for all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process Lioneld Jordan, Date Signed Witness City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR May 2, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following updated approval and signatory procedures to be used during any week or longer period of time if I need some of my more signatory and ministerial and/or in -person meeting duties performed for me until I return to full-time status: ■ Chief of Staff Susan Norton will have the final approval necessary for Legistar items • My signature stamp may be used to approve all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process ■ Chief of Staff Susan Norton may chair and attend any and all of the meetings I normally chair or attend (except City Council meetings and Agenda Sessions). Other staff who are already ejnpowered to represent me in regional boards or commissions may continue to represent me iii those boarasland commissions 4tv r...�� Lioneld Jordan, Date Signed Witness City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR Designation of Chief of Staff Susan Norton To Perform The Duties Of The Office Of Mayor If And When Necessary I, Mayor Lioneld Jordan, remain capable of performing the essential duties of my office while I recuperate in the hospital or at home. I have established proper procedural guidelines so that my signature stamp may be used instead of my written signature on documents approved by the City Council such as Ordinances, Resolutions, Contracts, Grant Application and Acceptances, and Deeds. If I become temporarily unable to perform the duties of the Office of Mayor, I hereby designate pursuant to A.C.A. §14-43-501 (b)(3)(C) that Chief of Staff Susan Norton shall assume the powers and duties of Fayetteville Mayor until I am able to resume such powers and duties myself. If the City Council fails to approve my designation of Chief of Staff Susan Norton to perform all functions of Mayor, then I designate Vice Mayor Sarah Bunch pursuant to A.C.A. §14-43-501(b)(3)(B) to perform all functions of Mayor until j am again able to perform the duties and functions of Mayor of Fayetteville. s - a - Date LIONELD J❑ Mayor ��-�� Witness City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov