2128 RESOLUTION NO. aA 12 g
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
WEST MEMPHIS AND GOOLSBY,INC., FOR DEMOLITION OF THE
AIR TRAFFIC CONTROL TOWER AT THE WEST MEMPHIS
MUNICIPAL AIRPORT AND FOR OTHER PURPOSES.
WHEREAS, the West Memphis Municipal Airport Commission has accepted
competitive bids for demolition of the air traffic control tower at the West Memphis Municipal
Airport and, after review of the bids, has recommended acceptance of the low bid submitted by
Goolsby, Inc., of$81, 474.00; and
WHEREAS, a copy of the proposed contract between the City of West Memphis and
Goolsby, Inc., is attached hereto; and
WHEREAS,the City Council finds that the recommendation of the Airport Commission
is appropriate and in the best interests of the City of West Memphis and should be approved;
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS,ARKANSAS,THAT the recommendation of the West
Memphis Municipal Airport Commission is hereby accepted and the contract between the City of
West Memphis and Goolsby, Inc., for the demolition of the air traffic control tower at the West
Memphis Municipal Airport is hereby approved and, further, the Mayor is hereby authorized to
execute the contract on behalf fo the City of West Memphis and the West Memphis Municipal
Airport Commission.
BE IT FURTHER RESOLVED that, for purposes of Section 3.08.040 of the West
Memphis Municipal Code,the contract for the demolition of the air traffic control tower may
require expenditures of funds in excess of$50,000 and such expenditures are hereby authorized
and confirmed by the City Council.
ADOPTED this 6th day of April, 2017.
WILLIAM H. JOHNSON, M OR
ATTEST:
P- P-0 -110-011111
PHILLI' ' RA, CITY CLERK
SPONSORED BY:
y IECEIVED
City Clerk's Offir
Dafefrime 3-31-►7
By
w.
February 2017 West Memphis Municipal Airport
CONSTRUCTION CONTRACT
THIS CONTRACT is entered into as of the 6th day of April
20 17 between WEST MEMPHIS MUNICIPAL AIRPORT
whose
business address is 737 S. AIRPORT ROAD, WEST MEMPHIS, AR 72301, (hereinafter� whose
called Owner) and GOOLSBY, INC.
business address is 3002 WEST MAIN STREET. BLYTHEVILLE, AR 72315 (hereinafter
called Contractor).
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
SECTION 1-WORK
Contractor shall complete all Work as specified or indicated in Contract Documents.The Work is
generally described as follows: Air Traffic Control Tower (ATCT) Demolition, and all other
work as shown on the drawings and/or in the Specifications for Asphalt Pavement Milling and
Overlay at the West Memphis Municipal Airport.West Memphis.Arkansas.
SECTION 2-ENGINEER
ETI, Corporation. (hereinafter called Engineer) is to act as Owner's representative, and shall have
the duties and responsibilities and the rights and authority assigned to Engineer in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
SECTION 3-CONTRACT TIME
3.1 Completion. The Work will be completed and ready for final payment within SIXTY
(60)calendar days for Bid Schedule 1 and FIFTY(50)calendar days for Bid
Schedule 2 after the date when the Contract Time commences to run in accordance with
paragraph 80-07 of the General Provisions and as specified below after the date when the
Contract Time commences to run.
3.2 Liquidated and Consequential Damages. Owner and Contractor recognize that time is of
the essence of this Agreement and that Owner will suffer financial loss if the Work is not
completed within the times specified, plus any extensions thereof allowed in accordance
with paragraph 80-07 of the General Provisions.They also recognize the delays, expense
and difficulties involved in proving in a legal proceeding the actual loss suffered by
Owner if the Work is not completed on time. Accordingly, instead of requiring any such
proof, Owner and Contractor agree that as liquidated damages for delay (but not as a
penalty) Contractor shall pay Owner Five-Hundred Dollars ($500.00) for each
consecutive working day that expires after the number of calendar days (or hours)
specified above for Completion.
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February 2017 West Memphis Municipal Airport
SECTION 4-CONTRACT PRICE
Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents in current funds at the price or prices quoted in the proposal as full compensation for
everything furnished and done by the Contractor in the estimated total original Bid Form 1, of
$81,474.00 , based on the quantities completed in an acceptable manner,
which sum shall be paid in the manner and terms specified in the Contract Documents, but before
issuance of certificates of payments if the Contractor shall not have submitted evidence
satisfactory to the Owner that all payrolls, materials, bills, and other indebtedness connected with
the work have been paid, the Owner may withhold, in addition to the retained percentages such
amount or amounts as may be necessary to pay just claims for labor and services rendered and
materials in and about the work, and such amount or amounts withheld or retained may be
applied by the Owner to the payment of such just claim. Items of work called out in the plans or
specifications,that are not specifically listed in the bid form, shall be considered as incidental to a
listed bid item(s),or to the project as a whole.
SECTION 5-PAYMENT PROCEDURES
5.1 Applications for Payment. Contractor shall submit Applications for Payment in
accordance with GP-90 of the General Provisions. Applications for Payment will be
processed by Owner as provided in the General Provisions. The Monthly DBE
Compliance Report, if applicable, shall be submitted along with the Application for
Payment. Failure to comply with this provision shall cause Contractor's payment to be
withheld.
5.2 Progress Payment. Owner shall make progress payments on account of the Contract
Price on the basis of Contractor's Applications for Payment on or about the 15th day of
each month during construction as provided below. All progress payments will be on the
basis of the progress of the Work measured by the Schedule of Values established in
accordance with the General Provisions(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 Owner
may withhold,in accordance with GP-90 of the General Provisions:
(a) 95%of Work completed
(b) 95% of materials and equipment not incorporated in the Work (but
delivered, suitably stored and accompanied by documentation
satisfactory to Owner as provided in paragraph 90-07 of the General
Provisions).
If Work has been 50% completed as determined by Engineer, and if the character and
progress of the Work have been satisfactory to Owner and Engineer, Owner on
recommendation of Engineer, may determine that as long as the character and progress of
the Work remain satisfactory to them, there will be no additional retainage on account of
Work completed in which case the remaining progress payments prior to Completion will
be in an amount equal to 100%of the Work completed.
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5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 90-09 of the General Provisions, Owner shall pay the remainder of the
Contract Price as recommended by Engineer as provided in paragraph 90-09 of the
General Provisions.
SECTION 6-CONTRACTOR'S REPRESENTATIONS
In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
6.1 Contractor has familiarized itself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and all Laws and Regulations that in any
manner may affect cost,progress, performance or furnishing of the Work.
6.2 Contractor has studied carefully all reports and drawings of physical conditions which are
identified in paragraph 20-06 of the General Provisions and accepts the determination set
forth in paragraph 20-06 of the General Provisions to the extent the technical data
contained in such reports and drawings upon which Contractor is entitled to rely.
6.3 Contractor has obtained and carefully studied the Asbetos Survey provided in Appendix
A of these Bid Documents.
6.4 Contractor has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to
the site and assumes responsibility for the accurate location of said Underground
Facilities. No additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are or will be
required by Contractor in order to perform and furnish the Work at the Contract Price,
within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of GP-20 of the General
Provisions.
6.5 Contractor has correlated the results of all such observations, examinations,
investigations, explorations, tests,reports and studies with the terms and conditions of the
Contract Documents.
6.6 Contractor has given Engineer written notice of all conflicts, errors or discrepancies that
he has discovered in the Contract Documents and the written resolution thereof by
Engineer is acceptable to Contractor.
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SECTION 7-CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Contract between Owner and Contractor
concerning the Work consist of the following:
(a) This Contract.
(b) Performance and other Bonds.
(c) Notice of Award.
(d) Instructions to Bidders
(e) General Provisions(See Specifications).
(f) Special Provisions(See Specifications).
(g) Specifications bearing the title "Air Traffic Control Tower (ATCT)
Demolition".
(h) Drawings, numbered and listed in the specification(See Specifications).
(i) Addenda number(s) through , inclusive(See Specifications).
(j) Contractor's Bid, (Proposal).
(k) The following which may be delivered or issued after the Effective Date of the
Contract and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraph 40-02 and 40-04 of the General Provisions.
The documents listed in paragraphs (a)through (k) above are attached to this Contract(except as
expressly noted otherwise above). There are no Contract Documents other than those listed above
in this Section 7. The Contract Documents may only be amended, modified or supplemented as
provided in paragraph 40-02 and 40-04 of the General Provisions.
SECTION 8-MISCELLANEOUS
8.1 Terms used in this Contract which are defined in GP-10 of the General Provisions will
have the meanings indicated in the General Provisions.
8.2 No assignments by a party hereto of any rights under or interest 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.
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8.3 Owner and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
8.4 The Contractor shall maintain an acceptable cost accounting system. The Owner, the
State of Arkansas, and the Comptroller General of the United States shall have access to
any books, documents, paper, and records of the Contractor, which are directly pertinent
to the specific contract for the purposes of making an audit, examination, excerpts, and
transcriptions. The Contractor shall maintain all required records for three years after the
Owner makes final payment and all other pending matters are closed.
8.5 All rights to inventions and materials generated under this contract are subject to
regulations issued by the State of Arkansas and the Owner of the grant under which this
contract is executed. Information regarding these rights is available from the State of
Arkansas and the Owner.
8.6 Any violation or breach of the terms of this contract on the part of the Contractor or
subcontractor may result in the suspension or termination of this contract or such other
action which may be necessary to enforce the rights of the parties of this agreement.
8.7 The Contractor shall be liable for and shall reimburse the Owner for any cost or expense,
including fees and expenses of its attorneys, consultants and experts, incurred by the
Owner to enforce the terms of this Contract.
SECTION 9—NO FINANCIAL INTEREST CLAUSE
Contractor understands and agrees that no Airport Commission employee or member of
the Board of Commissioners shall receive any financial benefit arising out of this
contract, either directly or indirectly. Further, any other fees paid to any person or entity
for assistance in obtaining this contract must be disclosed to the Airport Commission.
SECTION 10-OTHER PROVISIONS:
None.
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IN WITNESS WHEREOF, Owner and Contractor have signed this Contract in
quadruplicate. One counterpart each has been delivered to Contractor and Engineer, and two to
Owner.
Owner: CITY OF WEST MEMPHIS
WEST MEMPHIS MUNICIPAL Contractor:
AIRPORT COMMISSION
By: By: AIL - - - 24/--'�
• Name: J.David Pike Name: _ S i r :�
as •
(please type or print) (please type or print
Title: Chairman Title: Secr4z ry /Zei ru p-er D/��f
4a/1
Address for giving notice: Address for giving notice:
737 South Airport Road 3D1 &e5 Metin S�
West Memphis,Arkansas 72301 3111 y"l.tl/t lle� /7TH 7231
License No.: QOD,g..5-1/10 l q
By: Tax ID No: 7l-01al a ip./
Name: William H.Johnson Agent for service of process: •
Mayor,City of West Memphis
Approved As To Form
iiimioi.
By.
Name: David Peeples
City Attorney
•
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