20
Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # 1 18 Approval Date: Original Contract Number: 02016.1801 Project Number Budget Impact: Cato Springs Trail Lighting (TAP FY18) Fund Sales Tax Cap Imp 4470.800.88305814.05 Account Number Project Title City of Fayetteville Staff Review Form 20180531 Legistar File ID November 20th, 2018 City Council Meeting Date Agenda Item Only Approval of a resolution awarding Bid 1851 and authorizing a contract with Electrical Resources, Inc. in the amount of $478,256.07 with a project contingency in the amount of $15,000.00, approval of certification letter attachment H requesting concurrence in award of the contract from ARDOT and approval of a budget adjustment in the amount of $46,015 for the installation of lighting along the entirety of the Cato Springs Trail to the Kessler Mountain Regional Park. N/A for NonAgenda Item Action Recommendation: Submitted By Matt Mihalevich ENGINEERING (621) Division / Department 10/25/2018 Submitted Date Yes 452,488.00 $ 493,256.07 $ Must Attach Completed Budget Adjustment! V20180321 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget 452,488.00 $ $ Yes Yes 46,015.00 $ 5,246.93 $

Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

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Page 1: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

Comments:

Purchase Order Number:

Change Order Number:

Previous Ordinance or Resolution # 1   18

Approval Date:

Original Contract Number:

02016.1801

Project Number

Budget Impact:

Cato Springs Trail Lighting (TAP FY18)

Fund

Sales Tax Cap Imp4470.800.8830‐5814.05

Account Number

Project Title

City of Fayetteville Staff Review Form

2018‐0531

Legistar File ID

November 20th, 2018

City Council Meeting Date ‐ Agenda Item Only

Approval of a resolution awarding Bid 18‐51 and authorizing a contract with Electrical Resources, Inc. in the amount 

of $478,256.07 with a project contingency in the amount of $15,000.00, approval of certification letter attachment 

H requesting concurrence in award of the contract from ARDOT and approval of a budget adjustment in the amount 

of $46,015 for the installation of lighting along the entirety of the Cato Springs Trail to the Kessler Mountain 

Regional Park.

N/A for Non‐Agenda Item 

Action Recommendation:

Submitted By

Matt Mihalevich ENGINEERING (621)

Division / Department

10/25/2018

Submitted Date

Yes

452,488.00$                       

493,256.07$                       

Must Attach Completed Budget Adjustment!V20180321

Budgeted Item?

Does item have a cost?

Budget Adjustment Attached?

Current Budget

Funds Obligated

Current Balance

Item Cost

Budget Adjustment

Remaining Budget

452,488.00$                       

‐$                                      

Yes

Yes 46,015.00$                          

5,246.93$                            

Page 2: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

MEETING OF NOVEMBER 20, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: October 25th, 2018 SUBJECT: 2017-0531 Cato Springs Trail Lighting

RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount of $478,256.07 with a project contingency in the amount of $15,000.00, approval of certification letter attachment H requesting concurrence in award of the contract from ARDOT and approval of a budget adjustment in the amount of $46,015 for the installation of lighting along the entirety of the Cato Springs Trail to the Kessler Mountain Regional Park. BACKGROUND: In November of 2017, the City of Fayetteville was awarded a grant from the Northwest Arkansas Regional Planning Commission in the amount of $280,000 for the Cato Springs Trail Lighting Project. This grant is administered by the Arkansas Department of Transportation (ARDOT) through the Transportation Alternatives Program (TAP) and is an 80/20 matching program. In January of 2018, and agreement of understanding with the ARDOT was approved by resolution 18-01 and the funds were recognized. In August of 2018, the City was awarded an additional $40,000 in TAP funds through the Northwest Arkansas Regional Planning Commission for a total grant award of $320,000 for the Cato Springs Trail Lighting Project. The Cato Springs Trail officially opened to the public on April 21st, 2018 and has been enjoyed by many residents and visitors as an active transportation route to the Kessler Mountain Regional Park and natural surface trails. The Cato Springs Trail is 2.9 miles in length and is a southern extension of the Razorback Regional Greenway. Starting at Greathouse Park, the trail continues southwest along the Cato Springs Branch to the Kessler Mountain Regional Park as shown on the attached map. The trail is a 12-foot wide concrete shared-use paved trail and includes a bridge across the Cato Springs Branch, a bridge over the Fulbright Expressway and a tunnel under Razorback Road. Electrical conduit was installed during construction along the entire length of the Cato Springs Trail in anticipation of this lighting project.

Page 3: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

2

DISCUSSION: Currently 16 miles of the 45-mile Fayetteville trail system includes lighting. Trail users have expressed strong support for lighting along the trail system and enjoy extended hours to safely access their destinations. In a 2015 trail user survey, expanding the trail lighting ranked as the fourth most desired improvement to the trail system. Recent studies recommend warmer or more orange color of LED lights which is a lower kelvin temperature. Most of the trail system has 5,000 kelvin temperature which is a white light. Based on the research, the recent installation of lighting on Mud Creek Trail has 4,000 kelvin temperature that has been well received by the public. For the Cato Springs Trail we have also specified 4,000 kelvin lights for a good balance of energy efficiency and natural night time visibility. BUDGET/STAFF IMPACT: Formal bids of #18-51 were opened on October 24th, 2018 with five bidders responding and Electrical Resources, Inc. was the lowest responsive bidder. The low bid amount is 1% lower than the engineers estimate. A budget adjustment has been included to recognize $40,000 in additional TAP funding through the Northwest Arkansas Regional Planning Commission and $6,015 to be moved from the completed Mud Creek Trail Lighting Project. The total grant funding is $320,000 with a minimum 20% City match of $80,000 for a total of $400,000. The additional $78,256 needed to award the contract is available in the Cato Springs Lighting project from savings from the original Cato Springs Trail construction project. The total city funding will represent a 33% match plus a 15,000 contingency. Attachments: Cato Springs Trail lighting map Bid 18-15 bid tabulation Federal Aid certification letter Attachment H - Certification letter requesting concurrence in award of the contract Northwest Arkansas Regional Planning Commission TAP funding letter Electrical Resources, Inc. - signed agreement Budget adjustment

4,000K LED

Page 4: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

FingerPark

WalkerPark

GreathousePark

KesslerMountain

Regional ParkTown Branch Trail

Frisco TrailTownBranch

Trail Town Branch Trail

City of Fayetteville, AR

LegendExisting Trails With LightingCato Springs Trail Lighting Project 2.9 Miles Proposed Fayetteville Standard LED Trail Light

0 0.2 0.4 0.6 0.80.1Miles

Cato Springs Trail - Proposed Trail LightingTown Branch Trail to Kessler Mtn. Regional Park - 2.9 Miles

Fayetteville Vicinity Map

F

Cato Springs Trail

Kessler MountainRegional Park

Raz o

rback

Regio

nalG

reenw

ay

CatoSprin

gsTra

il -2.9

Miles

Start of the Razorback Regional Greenway

Cato Springs Trail Lighting Project - 2.9 Miles

Page 5: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

ITEM

NO.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

CITY OF

FAYETTEVILLE ARKANSAS

Dates of Advertisement:

Issue Date:

Number of Addendums:

Certified Bid Award:

Max Award Amount:

SPEC.

REF Dc~CHIP I ION

AHTD Mobilization (Not to Exceed 5%

601 of Total Bid)

SP - 2 Light Fixture (Type A) Installed on

Pole

SP - 2 Light Fixture (Type B). Installed in

Tunnel, Structure, & Bridge

SP - 2 Direct Bury Fiberglass Pole (Type

A)

SP - 2 Modified Fiberglass Surface

Mount Pole (Type B) (On Bridges)

SP - 2 11" x 9" Polymer Concrete Pull

Box (As Directed)

16120 No. 2 AWG Copper Conductor

16120 No. 3 AWG Copper Conductor

16120 No. 4 AWG Copper Conductor

16120 No. 10 AWG Copper Conductor

16120 No. 14 AWG Copper Conductor -

UF Cable From Pull Box Up to

Fixture

SP - 3 Galvanized Rigid Steel Condu it, 2"

16130 Diameter, Exposed

SP - 3 Galvanized Rigid Steel Conduit,

16130 1.5" Diameter, Exposed SP - 3 Galvanized Rigid Stee l Conduit, 1"

16130 Diameter, Exposed

16130 Non-Encased Schedule 40 PVC, 2"

Diameter, Installed in Trench

09.18.2018

09.25.2018

UNIT

LS

EA

EA

EA

EA

EA

LF

LF

LF

LF

LF

LF

LF

LF

LF

2 450,000.00

562,500.00

ESTIMATED QUANTITY

1

156

7

152

4

5

20,000

150

45,000

100

3,900

300

300

100

300

$

$

$

$

$

$

$ $ $

$

$

$

$

$

$

Construction - Cato Springs Trail Lighting

A & A Service Electric, Inc.

UNIT PRICE AMOUNT

11,000.00 $ 11,000.00

1,450.00 $ 226,200.00

600.00 $ 4,200.00

800.00 $ 121,600.00

800.00 $ 3,200.00

170.00 $ 850.00

1.80 $ 36,000.00

1.60 $ 240.00

1.25 $ 56,250.00

1.00 $ 100.00

0.90 $ 3,510.00

9.00 $ 2,700.00

7.00 $ 2,100.00

6.00 $ 600.00

5.00 $ 1,500.00

Official 81d Tabulation

Lioneld Jordan, Mayor

Axis Electric, LLC

$ 10,000.00 $ 10,000.00

$ 2,770.07 $ 432,130.92

$ 1,085.75 $ 7,600.25

$ 1,287.00 $ 195,624.00

$ 2,488.75 $ 9,955.00

$ 1,036.50 $ 5,182.50

$ 1.72 $ 34,480.00

$ 8.50 $ 1,275.00

$ 1.17 $ 52,515.00

$ 7.62 $ 762.00

$ 1.53 $ 5,967.00

$ 93.99 $ 28,197.00

$ 17.58 $ 5,274.00

$ 19.91 $ 1,991.00

$ 47.67 $ 14,301.00

Diamond C Construction

UNIT PRICE AMOUNT

$ 41,573.00 $ 41,573.00

$ 3,039.99 $ 474,238.44

$ 1,035.00 $ 7,245.00

$ 2,258.18 $ 343,243.36

$ 2,104.50 $ 8,418.00

$ 1,135.05 $ 5,675.25

$ 1.44 $ 28,800.00

$ 20.54 $ 3,081.00

$ 0.87 $ 39,150.00

$ 1.27 $ 127.00

$ 0.28 $ 1,092.00

$ 5.38 $ 1,614.00

$ 6.02 $ 1,806.00

$ 2.67 $ 267.00

$ 39.22 $ 11,766.00

Electrical Resources, Inc.

UNIT PRICE AMOUNT

$ 5,000.00 $ 5,000.00 $

$ 1,460.00 $ 227,760.00 $

$ 590.00 $ 4,130.00 $

$ 690.00 $ 104,880.00 $

$ 925.00 $ 3,700.00 $

$ 163.00 $ 815.00 $

$ 1.79 $ 35,800.00 $ $ 2.35 $ 352.50 $ $ 1.19 $ 53,550.00 $

$ 0.52 $ 52.00 $

$ 0.30 $ 1,170.00 $

$ 15.34 $ 4,602 .00 $

$ 12.56 $ 3,768.00 $

$ 9.69 $ 969.00 $

$ 5.50 $ 1,650.00 $

81d No. 18-51

Date: 10.24.2018

Time: 2:00 PM

King Electric Contractors

UNIT PRICE AMOUNT

20,000.00 $ 20,000.00

1,675.00 $ 261,300.00

650.00 $ 4,550.00

801.00 $ 121,752.00

990.00 $ 3,960.00

276.00 $ 1,380.00

1.89 $ 37,800.00

1.55 $ 232.50

1.31 $ 58,950.00

0.47 $ 47.00

1.56 $ 6,084.00

14.45 $ 4,335.00

11.90 $ 3,570.00

9.00 $ 900.00

5.00 $ 1,500.00

Page 6: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

A & A Service Electric, Inc. Axis Electric, LLC Diamond C Construction Electrical Resources, Inc. King Electric Contractors

ITEM SPEC. ESTIMATED UNIT UNIT UNIT UNIT

NO. REF Dc~CHIPIION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT

16 16151

SP-4 Electrical Service Pedestal EA 4 $ 4,700.00 $ 18,800.00 $ 6,453.50 $ 25,814.00 $ 6,842.50 $ 27,370.00 $ 3,695.00 $ 14,780.00 $ 4,000.00 $ 16,000.00

16060

17 Te rm s

& Insurance & Bonding LS 1 $ 10,00000 $ 10,000.00 $ 11,967.39 $ 11,967.39 $ 34,500.00 $ 34,500.00 $ 15,277.57 $ 15,277.57 $ 9,503.00 $ 9,503.00

Cond.

TOTAL BASE BID $ 498,850.00 $ 843,036.06 $ 1,029,966.05 $ 478,256.07 $ 551,863.50

Witness

Page 7: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

TO: Kit Williams, City Attorney

FROM: Chris Brown, City Engineer CC: Matt Mihalevich, Trails Coordinator Andrea Rennie, Purchasing Mgr. DATE: October 25th, 2018 SUBJECT: 040759 – Cato Springs Trail Lighting - Certification Letter

This is to confirm that Cato Springs Trail Lighting was advertised and bids for the project were received in accordance with regulations governing Federal-aid projects, and that the bid is being awarded to the lowest responsive and qualified bidder. No negotiations have been held with the contractor or other bidders, nor will there be prior to execution of the contract. Electrical Resources, Inc. is the apparent low bidder on the project. Their bid submittal has been reviewed to verify that all certifications required of Federal-aid projects (eg., DBE Participation, Anti-Collusion and Debarment, etc.) were properly signed and submitted with the bid.

Page 8: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount
Page 9: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount
Page 10: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

DOCUMENT 00500 – AGREEMENT

City of Fayetteville 00500 - 1 Job 040759 Cato Springs Trail Lighting

BETWEEN OWNER AND CONTRACTOR

Contract Name/Title: CATO SPRINGS TRAIL LIGHTING

Contract No.: __________ (to be assigned after City Council approval)

THIS AGREEMENT is dated as of the __29th____ day of ___October_____ in the year 2018 by

and between The City of Fayetteville, Arkansas and Electrical Resources, Inc. (hereinafter called

Contractor).

ARTICLE 1 - WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract

Documents. The work under this Contract includes, but is not limited to:

1. Mobilization/Demobilization

2. Clearing & Grubbing of vegetation for placement of lighting

3. Trenching of a limited amount of electrical conduit where necessary

4. Installation of fiberglass light poles and fixtures.

5. Installation of power service panels

6. Pulling of the electrical wire

7. Complete site restoration including, topsoil, select grading, sod and seed.

ARTICLE 2 - ENGINEER

2.01 The Project has been designed by the Garver LLC, who is hereinafter called

Engineer. The Engineer assumes all duties and responsibilities, and has the rights

and authority assigned to Engineer in the Contract Documents in connection with

completion of the Work in accordance with the Contract Documents.

Page 11: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

DOCUMENT 00500 – AGREEMENT (continued)

City of Fayetteville 00500 - 2 Job 040759 Cato Springs Trail Lighting

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 will be Substantially Completed within 90 calendar days after the

date when the Contract Times commence to run as provided in the

GENERAL CONDITIONS, and completed 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 Two Hundred Dollars ($200.00) for each calendar day that

expires after the time specified above in Paragraph 3.02 for Substantial

Completion until the Work is Substantially Complete. After Substantial

Completion, if Contractor shall neglect, refuse, or fail to complete the

remaining Work within the time specified in Paragraph 3.02 for completion

and readiness for final payment or any proper extension thereof granted by

The City of Fayetteville, Contractor shall pay The City of Fayetteville Two

Page 12: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

DOCUMENT 00500 – AGREEMENT (continued)

City of Fayetteville 00500 - 3 Job 040759 Cato Springs Trail Lighting

Hundred Dollars ($200.00) 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 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.

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

construction. All such payments will be measured by the schedule of values

Page 13: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

DOCUMENT 00500 – AGREEMENT (continued)

City of Fayetteville 00500 - 4 Job 040759 Cato Springs Trail Lighting

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. 90% 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.

2. Upon Substantial Completion, The City of Fayetteville shall pay an amount

sufficient to increase total payments to Contractor to 95% of the Contract

Price (with the balance being retainage), less such amounts as Engineer shall

determine, or The City of Fayetteville may withhold, in accordance with the

GENERAL CONDITIONS.

Page 14: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

DOCUMENT 00500 – AGREEMENT (continued)

City of Fayetteville 00500 - 5 Job 040759 Cato Springs Trail Lighting

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

Page 15: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

DOCUMENT 00500 – AGREEMENT (continued)

City of Fayetteville 00500 - 6 Job 040759 Cato Springs Trail Lighting

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.

Page 16: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

DOCUMENT 00500 – AGREEMENT (continued)

City of Fayetteville 00500 - 7 Job 040759 Cato Springs Trail Lighting

J. The Contract Documents are generally sufficient to indicate and convey

understanding of all terms and conditions for performance and furnishing of

the Work.

ARTICLE 7 - CONTRACT DOCUMENTS

7.01 CONTENTS:

A. The Contract Documents which comprise the entire Agreement between The

City of Fayetteville and Contractor concerning the Work consist of the

following and may only be amended, modified, or supplemented as provided

in the GENERAL CONDITIONS:

1. This Agreement.

2. Exhibits to this Agreement (enumerated as follows):

a. Notice to Proceed.

b. Contractor's Bid.

c. Documentation submitted by Contractor prior to Notice of

Award.

3. Performance, Payment, and other Bonds.

4. General Conditions.

5. Supplementary Conditions.

6. Specifications consisting of divisions and sections as listed in table of

contents of Project Manual.

Page 17: Department Action Recommendation: Budget Impact · RECOMMENDATION: Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount

DOCUMENT 00500 – AGREEMENT (continued)

City of Fayetteville 00500 - 8 Job 040759 Cato Springs Trail Lighting

7. Drawings consisting of a cover sheet and sheets as listed in the table of

contents thereof, with CATO SPRINGS TRAIL LIGHTING

8. 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.

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DOCUMENT 00500 – AGREEMENT (continued)

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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.

OTHER PROVISIONS: Not Applicable.

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.

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DOCUMENT 00500 – AGREEMENT (continued)

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This Agreement will be effective on ____________________________, 20__, which is the

Effective Date of the Agreement.

ELECTRICAL RESOURCES, LLC CITY OF FAYETTEVILLE

Name Written: James Milford Name Written: Lioneld Jordan

Signature: Signature:

Title: President Title: Mayor

(SEAL) (SEAL)

Attest Attest

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DOCUMENT 00500 – AGREEMENT (continued)

City of Fayetteville 00500 - 11 Job 040759 Cato Springs Trail Lighting

Address for giving notices Address for giving notices

300 N. Vaughn Rd. 113 W. Mountain Street

Centerton, AR 72719 Fayetteville AR, 72701

License No. __0057780519_________ (attach evidence of authority to

sign and resolution or other documents

Agent for Service of process authorizing execution of Agreement)

(If Contractor is a corporation, Approved As to Form:

attach evidence of authority to

sign.) By:

Attorney For:

END OF DOCUMENT 00500