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2022-04-26 - Agendas - FinalCITY OF FAYETTEVILLE ARKANSAS MEETING AGENDA City Council Transportation Committee Tuesday, April 26, 2022 5:30 pm or Immediately Following Agenda Session NOTICE: THE TRANSPORTATION COMMITTEE WILL BE HELD VIRTUALLY WITH NO PHYSICAL LOCATION TO ATTEND VIDEO CONFERENCING BY ZOOM WILL BE USED FOR THIS MEETING. TO REGISTER FOR THE MEETING GO TO THIS Registration Link Members: Sarah Bunch, Chairperson; Sonia Harvey; Holly Hertzberg; Mark Kinion City Staff: Chris Brown, Public Works Director/City Engineer; Terry Gulley, Asst. PW Director for Operations/Transportation Services Director Agenda: 1. New Business: A. ADM-2022-0019 AMENDMENT TO MASTER STREET PLAN FOR SMOKEHOUSE TRAIL, SOUTH OF MARTIN LUTHER KING JR BLVD: Review of a proposed Master Street Plan Amendment to create a new typical street section to be applied to a segment of Smokehouse Trail between Martin Luther King Jr. Blvd and Hoot Owl Lane. This proposal has been forwarded by the Planning Commission to the Committee (Staff requests a recommendation from the Committee to the City Council) B. ARCHIBALD YELL BLVD SAFETY IMPROVEMENTS CONSTRUCTION: Review of the bid for construction of safety improvements on Archibald Yell between College Avenue and Martin Luther King Jr. Blvd. (Staff requests a recommendation from the Committee to the City Council) C. ARCHIBALD YELL BLVD SAFETY IMPROVEMENTS ENGINEERING CONTRACT AMENDMENT: Review of a contract amendment with Garver for construction inspection and administration services for the Archibald Yell Safety Improvements project. (Staff requests a recommendation from the Committee to the City Council) D. TRAFFIC CALMING -ASH STREET: Review of results of traffic calming study on Ash Street (Staff requests a recommendation from the Committee to the Administration on this item) E. TRANSPORTATION ALTERNATIVES PROGRAM (TAP) GRANT: Review of a proposed grant application for bicycle and pedestrian improvements at the 1-49 and Martin Luther King Jr. intersection. (Staff requests a recommendation from the Committee to the City Council) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 F. HARMON AND CENTER INTERSECTION IMPROVEMENTS: Review of the construction bid for improvements at Harmon Avenue and Center Street. (Staff requests a recommendation from the Committee to the City Council) G. ZION ROAD IMPROVEMENTS ENGINEERING SERVICES CONTRACT AMENDMENT: Review of contract amendment 5 for development of record drawings for Zion road. (Staff requests a recommendation from the Committee to the City Council) 2. Adjourn CITY OF FAYETTEVILLE ARKANSAS TRANSPORTATION COMMITTEE MEETING OF APRIL 26, 2022 TO: Transportation Committee Members THRU: Chris Brown, Public Works Director Jonathan Curth, Development Services Director CITY COUNCIL MEMO FROM: Fayetteville Planning Commission Britin Bostick, Long Range Planning/Special Projects Manager DATE: April 18, 2022 SUBJECT: ADM-2022-0019: Administrative Item (Amendment to City Plan 2040 — Master Street Plan): The proposed Master Street Plan amendment would provide a new street section for Residential Link — Trailhead Parking. The proposed street section includes on -street parking and has a specific application for S. Smoke House Trl. between W. Martin Luther King Jr. Blvd. and S. Hoot Owl Ln. to serve the Fayetteville Traverse trailhead on the east side of the street. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Master Street Plan as described within this report. BACKGROUND: The proposed addition to the Master Street Plan is a new street section for Trailhead Parking on a Residential Link. This street section proposal was brought forward by former Planning Commissioner Rob Sharp and presented to the Planning Commission's Long Range Committee for consideration. The Committee voted to forward the item to the Planning Commission for consideration in a public hearing, and the Planning Commission voted to recommend approval of the new street section. Location The new street section for Residential Link — Trailhead Parking could be applied in a few locations citywide but has specific application for S. Smokehouse Trl. between W. Martin Luther Kind Jr. Blvd and S. Hoot Owl Ln. This proposed location is directly south of the intersection of W. Martin Luther King Jr. Blvd and S. Rupple Rd. W. Martin Luther King Jr. Blvd. is also U. S. Route 62. Originally known as the "Ozark Trail", this national highway connects El Paso, Texas to Niagara Falls, New York. Existing Street Description A trail entrance to the Fayetteville Traverse Trail is presently located at the intersection of S. Smokehouse Trl. and S. Hoot Owl Ln. The trailhead does not have dedicated parking, however, and trailhead parking has been to this point accommodated on a privately owned property on the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 west side of S. Smokehouse Trl. The proposal is to provide parking for the trailhead within the City's right-of-way along a section of S. Smokehouse Trl. Both S. Smokehouse Trl. and S. Hoot Owl Ln. are narrow streets serving low -density residential properties, and lack curbs, sidewalks, and other right-of-way improvements for pedestrian and bicycle paths. Existing Trail Description The City's trail system includes the Fayetteville Traverse Trail, which links W. Martin Luther King Jr. Blvd. at S. Rupple Road through the Kessler Mountain Regional Park to Cato Springs Road and the Cato Springs Trail. This trail through the southwest portion of the City serves as a linkage not only for residential areas in the western part of the City, but also for park and trail users in and around Kessler Mountain Regional Park. As the Fayetteville Traverse Trail is suitable for mountain biking, it is expected that trail users who do not have trail access by walking or biking may need parking access to unload bikes and/or other recreational gear for trail and park use. While parking for the trailhead is presently accommodated on a private lot, the private lot is not a viable long- term solution. Additionally, there is an approximately 400-foot long section of future trail identified along Smokehouse Trl. between W. Martin Luther King Blvd. and S. Hoot Owl Ln. When the trail installation for this future section is complete, it will be the last link in a path along Rupple Road from just north of Wedington Dr. through the Fayetteville Traverse to Cato Springs Trail and from there to the Town Branch Trail and Razorback Greenway. This would complete a bike and pedestrian trail system for the southwest part of the City. Parking at a trail access point or transition point would improve accessibility for those who are not able to access the trail or trail section via bike or pedestrian routes, and easily accessed from the state highway system. Requested New Street Section The proposed new street section for S. Smokehouse Trl. has a 94' total right-of-way width with an 8-foot sidewalk, six-foot green/furniture zone, a 19' parking lane for the 90-degree or head -in parking, a 12-foot drive lane adjacent to the parking lane, an 11-foot drive lane, and two 1.5-foot curbs. A 36-foot wide natural buffer area with tree cover and vegetation to remain completes the section. The 11-foot and 12-foot drive lane widths proposed for the new street section are an increase in width from the 9-foot and 10-foot driveway widths in the current Residential Link street section. The increased lane width is to accommodate the 90-degree on -street parking spaces. DISCUSSION: The proposed Master Street Plan amendment would add a new street section including 90-degree parking within the City's right-of-way. This would serve to provide the on -street parking for S. Smokhouse Trl. In addition to the proposed right-of-way parking to serve the Fayetteville Traverse trailhead, the section would include an improved trail section on the west side of the street to link to the trail section along Rupple Rd. to Fayetteville Traverse, and a natural buffer area along the east side of Smokehouse Trl. Master Street Plan sections typically include improved pedestrian sidewalks or trails and street trees on both sides of the right-of-way, and may have parallel parking on one side of the right-of-way depending on the anticipated level of traffic and whether there is sufficient drive lane width to support on -street parking. This is shown in the current Residential Link street section. S. Smokehouse Trl. and S. Hoot Owl Ln. are Residential Links, W. Martin Luther King Jr. Blvd. is a Regional Link — High Activity, and S. Rupple Rd. is a Regional Link. Although nearby roads have high volumes of traffic that are not suitable for on -street parking, S. Smokehouse Trl. and S. Hoot Owl Ln. are not through streets and have local traffic only. This lower traffic volume and lack of through traffic is one of the considerations in support of the proposed 90-degree parking in the right-of-way, where such a parking configuration may not be an appropriate solution in other contexts. At their March 28, 2022 meeting, the Planning Commission evaluated the new street section described above before forwarding to the Transportation Committee, recommending approval. Commissioner Belden made the motion to forward with Commissioner Canada providing the second. A vote of 8-0-0 followed. Discussion was held on all aspects of the street section, with particular focus on the suitability of the 90-degree parking spaces and whether the addition of this street section could have application in other locations. The Commissioners further discussed whether the details of the new street section should be more generally applicable, as this street section for trailhead parking provided parking only on one side of the street and proposed to reserve natural area on the other — a context -specific solution for S. Smokehouse Trl. Ultimately the Commission determined that the application to trailhead parking conditions is appropriate and that this is a needed addition to Master Street Plan sections. No public comment was made at either Planning Commission meeting or the preceding Long -Range Committee meetings, however comment was provided prior to the public hearing regarding the S. Smoke House Trail and the trailhead. The comments received have advocated for signage to improve trailhead visibility, trailhead parking, and the construction of a trail section to connect and improve the existing access to Kessler Mountain. BUDGET/STAFF IMPACT: N/A Attachments: • Location Map • Master Street Plan Map at intersection of W. Martin Luther King Jr. Blvd. and S. Smokehouse Trl. • Master Street Plan section — Residential Link • Kessler Gateway Conceptual Site Plan • Proposed Master Street Plan Section - Residential Link — Trailhead Parking • Public Comments Fayetteville, AR n eon 70 P Centenksial Park r+ m$ h I , J 5 l\J Ld I it kf Ke.55 er o F Mountain Regional 1'265� P a r k City of ayettev ill AR 3/23/2022, 3:33:37 PIA Existing Street � Urban Center Freeway/Expressway Planned Street Regional Link - High Activity Neighborhood Link Regional Link Regional Link Neighborhood Link = Residential Link Institutional Master Plan 1:36,112 0 0.3 0.6 1.2 mi 0 0.5 1 2 km The data contained hereinwas compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the dab by anyone other than he City of Fayetteville Is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify he City of Fay etleville and hold the City of Fayetteville harmless from and without Habit for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this dab. The City of Fayetteville makes no express or Implied warrantees with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. Fayetteville, AR w Alberta St I'VP Cats►' Y L � � 4smine Ln Farrrr, f ,, 4 �4�,tOk[ek3 sS�Ss {= 3/22/2022, 8:37:36 AM Existing Street Freeway/Expressway Regional Link - High Activity Regional Link Neighborhood Link Institutional Master Plan J i�5 Mhs�1eW Rd z � Urban Center Planned Street Neighborhood Link Regional Link Residential Link ,' k I City of Fayetteville, AR 1:4,514 0 0.0375 0.075 0.15 mi Tft TI T 0 0.05 0.1 0.2 km Tha data conbined herein was compiled from various sources for the sole use and benefit of he City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the dab by anyone other than he City of Fayelleville Is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify are City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data . The City of Fayetteville makes no express or Implied warrantees with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. RESIDENTIAL LINK PARKI RUPPLE ROAD MULTI -USE TRAIL BUILD TO ZONE, {[ URBAN THOROUGHFARE ! EXTENTION OF RUFFLE ROAD MULTI -USE TRAIL STREET TREES IN 6' WIDE PLANITNG r STRIP ---- NORTHWEST ARKANSAS LAND i TRUST f HEADQUARTERS 4 SIGNAGE / ART TO IDENTIFY MT KESSLER PARK ENTRANCE %1 M L K Jr & RUFFLE_ " t ROAD INTERSECTION yam" 1 � � l r ' BUILD TO ZONE, URBAN THOROUGHFARE 14 HEAD -IN • + !! PUBLIC PARKING . I SPACES H 36' WIDE STRIP OF 2 EXISTING DENSE f Y TREES AND / O VEGETATION TO f N j l REMAIN k FUTURE AUTOMOTIVE ' I ACCESS • 110' WIDE MASTER STREET PLAN RIGHT OF WAY -�• FAYETTEVILLE TRAVERSE TRAIL i� 1. ��� 1L��••11 CONCEPUTUAL SITE PLAN, MT KESSLER PARK GATEWAY 9 JANUARY 2022 1" = 60' when printed at I Ix 17 RESIDENTIAL LINK - TRAILHEAD PARKING 4 + + + + + + + + + + + + + + + 36' + + + + NATURAL ++ + + BUFFER AREA + + + + DENSE TREE + + + + COVER AND + + VEGETATION + +++ TO REMAIN ++ RECEIVED MAR 18 202Z C TY OF FAYEITEVILLE CTY CLERK'S OFFICE March 18, 2022 Mrs. Kara Paxton, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mrs. Paxton: c% Frank Sharp 2062 S. Smokehouse Trail Fayetteville, AR 72701 fsharp@pgtc.com (479) 957-4069 Enclosed is a letter from Terri Lane, CEO of the NortbwestArkansa; Land Trust and Mt. Kessler Greenways concerning design on the corner of Martin Isitber King, Jr. Boulevard and Smokehouse Trail to add signage to improve the visibility of the trailhead for the Fayetteville Traverse Trail, provide public parking for trail users and to close the four - hundred foot gap in the trail system. I would appreciate your sending copies of this letter to the Mayor, the City Council members, members of the Planning Commission, Mr. Johnathan Curst, of Development Services and Ms. Allison Jumper of the Department of Parks and Recreation. I appreciate your help and please feel free to contact me at the address above. Sincerely, Frank Sharp cc: Mr. Erin Rushing, CEO, NWA Trailbla.Zers • 'ter NORTHWEST ARKANSAS March 17th, 2022 Wur- LAND TRUST s up S"( comriYl To the members of the Fayetteville City Council and the Planning Commission, We have a unique opportunity to enhance our city, its park system, and its alternative transportation system The NW,1 TrailBlazers have recently purchased a 12 acre tract (parcel 765-16296), which county records indicate a sales price of $530,000. They are also under contract for a portion of a 14.85 acre tract (parcel 765-16301). On these two tracts they have constructed a fantastic portion of the Fagetteville Tranf verse Trail that begins at the intersection of Smokehouse Trail and Hoot Owl Lane and makes its way through the woods and then with a series of rustic bridges, scales the bluffs of Kessler Mountain. It then joins the roughly 20 miles of hiking and biking trails on the Kessler Mountain Resem. Kessler Mountain Regional Park and Reserve is truly the crown jewel of the Fayetteville parks system and together with private lands encompasses hundreds of acres on the mountain, representing a multimillion dollar investment of both public and private funds. A Front Door to the Traverse Trail: A welcoming entrance with official parking from MLK to access the Kessler Mountain Reserve trail system via the new Traverse Trail is currently non-existent, but easily achievable with good planning. A 400' long strip of enhanced landscaping, multi -use trail, and public parking could provide tremendous benefit in terms of access and natural beauty. Signage announcing "Welcome to Kessler Mountain" could be placed at MLK to make the Traverse Trail connection visible to the 30,000 vehicles that pass by each day. Our multi -use trail system has a 400' long gap as currently designed. If that gap could be closed, it would be possible to run, hike, or bike from Kessler Mountain Regional Park all the way to the Clabber Creek trail on the north side of Fayetteville. We feel that the intersection of MLK and Smokehouse Trail, with the cooperation of adjoining property owners, could be a welcoming "front door" to the Kessler Mountain Traverse Trail. Mount Kessler Greenwaythe Northwest Arkansas Land Trust and other interested parties are urging that the intersection of MLK and Rupple Road be studied to determine the feasibility of an attractive "Welcome to Fayetteville" as well as a "Welcome to Kessler Mountain" at this important western entrance to Fayetteville. In addition to providing an attractive entrance and solving for trailhead parking deficiencies, work here helps to make the southwest comer of the Mayor's Box visible. We feel that other comers of the Mayor's Box could also benefit from similar cohesive design efforts. We look forward to hearing your thoughts in this matter and urge you not to miss this unique opportunity to continue to improve the city that we all love. Respectfully, Frank Sharp Mt. Kessler Greenways Terri Lane, Executive Director Northwest Arkansas Land Trust AS WE GROW_ O/ LET'S KEEP SOME COUNTRY) c/o Frank Sharp 2062 S. Smokehouse Trail Fayetteville, AR 72701 fsharp@pgtc.com (479) 957-4069 March 30, 2022 Mrs. Kara Paxton, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mrs. Paxton: Enclosed is a letter from Mo Elliot, CEO and Founder of Fayettechill, concerning design on the corner of Martin Lutber King Jr. Boulevard and Smokehouse Trail to add signage to improve the visibility of the trailhead for the Fayetteville Traverse Trail, provide public parking for trail users and to close the four -hundred foot gap in the trail system. I would appreciate your sending copies of this letter to the Mayor, the City Council members, members of the Planning Commission, Mr. Johnathan Curst, of Development Services and Ms. Allison Jumper of the Department of Parks and Recreation. I appreciate your help and please feel free to contact me at the address above. Sincerely, rank Sharp cc: Mr. Erin Rushing, CEO, N[IA. Trailbla.Zers Oj;� F4YETTEGHILL March 28th, 2022 Mo Elliott, Fayettechill Founder and CEO 1725 S. Smokehouse Trail Fayetteville, AR 72701 Dear Members of the Fayetteville City Council: Little did I know when I moved from Texas to Fayetteville to attend the University of Arkansas in 2007 that 1 would stay in the Ozarks and found a company that has retailers in 13 states, a retail store, & an ecommerce store selling our products all over the world. The company started in my garage and we've moved all over town for our retail, offices, & warehouses over the years. As we continued to grow, we found the ideal spot for our headquarters; the historic Ozark Mountain Smokehouse. We moved into the Smokehouse in 2013 and its 18,000 square feet gives us the room we need to grow; and since it is based at the foot of Kessler Mountain, this also gives our team an easy access to explore, hike and bike the surrounding trails. We heartily endorse the effort to have the City consult with us, property owners, trail users and neighbors, and together create a plan that will preserve the character of this important intersection of Smokehouse Trail, Rupple Road and MLK, Jr. Blvd.. Please take this opportunity for all of us to make this unique corner a true " I lelcome to Kessler Mountain ". Sincerely, Mo Elliott, Founder and CEO AS WE GROW... 9W FY'S KEEP SOME COUNTRY? c/o Frank Sharp 2062 S. Smokehouse Trail Fayetteville, AR 72701 fsharp@pgtc.com (479) 957-4069 March 3032022 Mrs. Kara Paxton, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mrs. Paxton: Enclosed is a letter from Rachel and Matt Gerner concerning design on the corner of Martin Lutber King Jr. Boulevard and Smokebouse Trail to add signage to improve the visibility of the trailhead for the Fayetteville Traverse Trail, provide public parking for trail users and to close the four -hundred foot gap in the trail system. I would appreciate your sending copies of this letter to the Mayor, the City Council members, members of the Planning Commission, Mr. Johnathan Curst, of Development Services and Ms. Allison Jumper of the Department of Parks and Recreation. I appreciate your help and please feel free to contact me at the address above. Sincerely, Frank Sharp cc: Mr. Erin Rushing, CEO, NIIA Trailbla.Zers RACHEL & MATT GERNER 1939 S Hoot Owl Lane • 479-301-9193 rachel.lynn.gerner@gmail.com 1 mgerner2007@gmail.com Fayetteville City Council 113 West Mountain Street Fayetteville, AR 72701 DEAR MAYOR JORDAN AND MEMBERS OF THE CITY COUNCIL: We would like to join the other neighbors on Mount Kessler to ask that you consider creating a more visible entrance to the Kessler Mountain trail system —currently at the intersection of Smokehouse Trail and Hoot Owl Lane —by moving the trailhead entrance to the intersection of Hoot Owl Lane, Rupple Road, and Martin Luther King Jr. Blvd. Although the Fayetteville Traverse Trail currently has a marked entrance, we have noticed that many first-time visitors do not notice it. Even in early spring —the start of the hiking and biking season —we see three to five cars per day drive up Hoot Owl Lane and either ask us for directions or turn around in our yard. This number of lost trail seekers increases during the peak hiking seasons of spring, summer, and fall. Since Hoot Owl Lane dead ends at our driveway with no distinction between our private property and the road, some visitors have driven all the way up our driveway to the patio behind our house, looking for the trailhead. I also want to express my concern as a parent. Our children and our neighbors' young children play in our yard. Just today, to my dismay, I saw a car narrowly miss my two-year old son who was playing on the grass in front of our home. We want people to enjoy the trails and beauty of Mount Kessler. In addition to moving the trailhead, please also consider adding a prominent sign to help welcome people and public parking at the intersection of MLK Jr. Blvd. and Hoot Owl Lane. More people could enjoy the trail if the city provided public parking near the trailhead, so visitors do not need to use our private driveways and the Smokehouse parking lot. We appreciate that the Mount Kessler trail system adds a unique opportunity for locals and visitors alike to enjoy the natural beauty and thoughtful design of our city. Thank you for considering our ideas on how to improve everyone's experience. Sincerely, 'Rockef3, VaffCJerner Rachel & Matt Gerner 1939 S. Hoot Owl Lane Fayetteville, AR 72701 PETITION TO THE CITY COUNCIL OF THE CITY OF FAYETTEVIIJ , AR FROM THE RESIDENTS OF SMOKEHOUSE TRAIL Apri17, 2022 We, the residents of SmokehouseTrail, urge the Cif of Fayeffeville to perform a study of the intersection of 111artin Lutl)er Ding, Jr. B o ffle ra rd, R*p le Ro ad and Smokehouse Trail and work with the City, i),ro-Dertv owners, neighbors, �ra�l users and other -interestedbarties to develoD a nlan vrior to the development of this aria. Some reasons for the study are: 1.T�is is the 'Front Door" to the Kessler MowitI� hisfrail. system as well at the western "Front Door" to the Ci!y of Fayetteville. 2. This intersection, with daily traffic counts of 20-30,000, would be a much better location for the Traverse Trail szgn, than its present locafion behind the Smokehouse. This sign woudd also advertise -the KesslerMountain grail system to the traveling pudic. 3. These is a 400 foot gap in the Traverse Trail between the existing trailhead and MLK which weeds to be .filled. 4. There needs to be public parking for trail users 5. Thisis one of th(-,% most important corners of the "Mayor's Box." We have a unique opportunity to enhance our city, its park system and its alternate tra.nsportation system. The Residents of Smokehouse `"rail Name(s) 5s0 /ZAJ Street.A.ddress _"75 5 iu atc,E Remarks: j /e fG/� �vlT��A-NG�S� o�cp g� �v�� � �vs�r� Ta N,lLK � lr6T 13�KEr�s �- P46-7)6ST�I�{NS of �r 7-t/� iL�s��. 21�rFT �vo� T4�' e ✓Z-ez/-4,liq �F, X 5;6e 7 -" 6 tO lT/4 L/95 Y le, L.- C 7-AAFP= ,Jo STo� S/enl, Names) / Street Address� -i S S�o-l- lean. -dam i i- i!�' �s .�.G�'wj-f-e, u�r�.�re a-.�- -� Remarks c/ Ll sa-i-� `��R ' �-�•-cam"` � AS, 4- l I J—IL111111111i!.,,O,� 7 „ ._ ;�— �-4-rya A -Ac ) I I 11� C+.�AL-._ '0" %fell" kv X-� c 111110 11111 1 r, V06- &L -f�7•c.� Z se c�-c S aA-} 4L4V S-! 1s 4 e 4 W i c,,c Lo-o— .7 PF,TITION TO THE CITY OF FAYETTEVILLE April 710 2022 Namesr4n� Street AddressIt--# _.vw� ep "i w or a /W.%o -e.", I Remarks: � �� eper a.S {�'� S tc L& � a �r � Y t� Le-c.�c � � o l � t ?orszelp-401-7 A v 4s �G✓l -�R'/ it " �+, ,�z�.'S1 cv v r/� �—v . .4 �'2 �e �1 /vas V. 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I I � ja-h�r2 x .6'��-�l� - I�eer.� �e �v�" -Y -fie Matt Casey Submitted By City of Fayetteville Staff Review Form 2022-0376 Legistar File ID 5/17/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/21/2022 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $2,995,576.53 with Benchmark Construction of NWA, Inc. for the construction of the Archibald Yell Blvd. Improvements Project, approval of a project contingency of $300,000.00 (10%) and approval of a budget adjustment. Budget Impact: 4602.860.7221-5809.00 5400.860.5700-5815.00 Streets Projects 2019 Bonds Water and Sewer Account Number Fund 46020.7221.1010 Hwy 71B Corridor - Archibald Yell Safety Impr 11011.2019.7221 Water/Sewer Relocates - 2019 Bonds - Archibald Yell Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,522,651.00 $ 1,301,336.47 221,314.53 $ 3,295,576.53 $ 3,295,578.00 $ 221,316.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Item cost includes construction contract in the amount of $2,995,576.53 plus contingency of $300,000. —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 17, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: April 21, 2022 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $2,995,576.53 with Benchmark Construction of NWA, Inc. for the construction of the Archibald Yell Blvd. Improvements Project, approval of a project contingency of $300,000.00 (10%) and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of a contract in the amount of $2,995,576.53 with Benchmark Construction of NWA, Inc. for the construction of the Archibald Yell Blvd. Improvements Project, approval of a project contingency of $300,000.00 (10%) and approval of a budget adjustment. BACKGROUND: Archibald Yell Boulevard severs the historical downtown grid of streets south and east of the downtown square, and the 4-lane high speed route is a barrier to pedestrians who want to move from neighborhoods to the south and east to destinations around on and around the square and entertainment district. This goal of this project is to reduce or eliminate these pedestrian barriers and create a street that is safer for vulnerable users while still providing adequate vehicular levels of service. Improvements will consist primarily of safety improvements to the intersection with College Avenue/Rock Street with pedestrian & lighting improvements, installation of a traffic signal at South Street, and pavement marking adjustments throughout the corridor. This project was identified as a priority in the Fayetteville Mobility Plan. The City Council approved a design contract with Garver, LLC in June of 2020 for this design. DISCUSSION: On April 5, 2022, the City received one (1) construction bid for this project. Benchmark Construction of NWA, Inc. submitted the low bid of $2,995,576.53 for the total bid. Engineering staff recommends awarding this contract to Benchmark Construction of NWA, Inc. The contract time is 240 days (8 months) for substantial completion. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The roadway and drainage improvements are funded by the 2019 Transportation Bond Program. The water and sewer relocations in this project are funded by the Water and Sewer Fund. The original allocation for this project was $700,000. The design and construction management contract is $238,920.00. With this construction contract, it brings the current project total to $2,917,631.32 for the Transportation Bond Program. ACCOUNT PROJECT AMOUNT 4602.860.7221-5809.00 46020.7221.1010 $ 2,678,711.32 5400.860.5700-5815.00 11011.2019.7221 $ 316,865.21 Attachments: Section 0500 Agreement Bid Submittal Budget Adjustment DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: ARCHIBALD YELL BLVD. IMPROVEMENTS Contract No.: 22-29, Construction THIS AGREEMENT is dated as of the day of in the year 2022 by and between The City of Fayetteville, Arkansas and (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The construction of the Archibald Yell Boulevard Improvements project. Improvements consist of, but are not limited to, Archibald Yell Boulevard striping and signage improvements from W. Martin Luther King Jr. Blvd. to E. Rock St., intersection and signal improvements to the Archibald Yell Blvd. and W. South St. intersection, and intersection realignment of and improvements to the Archibald Yell Blvd., S. College Ave., and E. Rock St. intersection. 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. Open burning is not allowed on City projects. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities. 00500 Agreement 00500- 1 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 270 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 290 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) 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 Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT (continued) 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 established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT (continued) b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 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 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) (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. 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 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the 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. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: MISSOURI CREEK DRAINAGE IMPROVEMENTS 8. Addenda numbers 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 8.01 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 parry 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 00500 Agreement 00500-8 DOCUMENT 00500 — AGREEMENT (continued) partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 00500 Agreement 00500-9 DOCUMENT 00500 —AGREEMENT continued IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on Effective Date of the Agreement. 141SUKIIG7_TOC613 (Type or legibly print) (Signature) Title: Contractor shall attach evidence of authority to sign. 20, which is the CITY OF FAYETTEVILLE By: Lioneld Jordan (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 form the Arkansas State Secretary of 00500 Agreement 00500- 10 DOCUMENT 00500 — AGREEMENT (continued) State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) Attest Attest 00500 Agreement 00500 - 11 (SEAL) DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices 113 W. Mountain St. Fayetteville, AR 72701 License No. Agent for Service of process (Type or legibly print) Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement 00500- 12 CITY OF FAYETTEVILLE ARKANSAS BID TABULATION BID 22-29, CONSTRUCTION - ARCHIBALD YELL REBID DEADLINE: TUESDAY, APRIL 5, 2022 BEFORE 3:00 PM, LOCAL TIME CERIFICATION OF FUNDS Certified Funds $ 2,500,000.00 25% Additional Allowance Allowed Per State Law $ 625,000.00 Maximum Award Amount $ 3,125,000.00 SUMMARY OF A BID SCHEDULES Benchmark Construction Company (Benchmark Construction Company of NWA, Inc.) BID SCHEDULE 1 - SCOPE OF WORK $ 2,995,576.53 BID SCHEDULE 2 - DEDUCTIVE ALTERNATE 1 $ 224,750.00 TOTAL BASE BID $ 2,995,576.53 Benchmark Construction Company (Benchmark Construction Company of NWA, Inc.) Line Description UOM QTY jUnit I Extended 1 Bid Schedule 1 - Scope of Work EA 1 $2,995,576.53 $2,995,576.53 1.1 Insurance and Bonding LS 1 $72,561.92 1.2 Roadway Construction Control LS 1 $36,279.00 1.3 Trench and Excavation Systems LS 1 $9,687.50 1.4 Clearing, Grubbing, and Demolition LS 1 $371,560.00 1.5 Unclassified Excavation (Plan Quantity) CY 1190 $27.03 1.6 Embankment (Plan Quantity) CY 1880 $39.16 1.7 Select Embankment (Plan Quantity) CY 677 $69.31 1.8 Undercut and Backfill CY 600 $36.75 1.9 Rock Excavation CY 10 $400.00 1.10 Subgrade Preparation (Plan Quantity) SY 1786 $11.84 1.11 4" Topsoil Placement (Yard Areas) SY 1990 $7.62 1.12 5'x4' Rectangular Curb Inlet EA 1 $9,010.00 1.13 Concrete Channel Paving SY 2 $355.00 1.14 6" Aggregate Base Course SY 1786 $45.04 1.15 Asphalt Concrete Hot Mix Surface Course (PG 70-22) TON 170 $487.88 1.16 Asphalt Concrete Hot Mix Binder Course (PG 64-22) TON 314 $335.41 1.17 Concrete Curb and Gutter (Type A) (1'-6") LF 1419 $73.60 1.18 Concrete Curb (Type A) LF 259 $64.36 1.19 4" Thick Concrete Sidewalk SY 539 $161.58 1.20 6" Thick Concrete Sidewalk SY 114 $159.12 1.21 Concrete Driveway Aprons SY 65 $326.24 1.22 Concrete Driveway SY 154 $251.56 1.23 Solid Sod SY 802 $6.24 1.24 Seeding Acre 0.3 $9,896.04 1.25 Additional Watering MG 22 $263.64 1.26 6" Pavement Marking (Thermoplastic) LF 12703 $1.52 1.27 8" Pavement Marking (Thermoplastic) LF 243 $3.47 1.28 12" Pavement Marking (Thermoplastic) LF 137 $13.86 1.29 24" Pavement Marking (Thermoplastic) (White) LF 708 $27.72 1.30 Yield Lines (Thermoplastic) LF 12 $34.65 1.31 Pavement Symbols (Arrows - Thermoplastic) EA 16 $485.10 1.32 Pavement Symbols (Words - Thermoplastic) EA 7 $554.40 1.33 Standard Street Sign Installation EA 32 $415.80 1.34 Custom Street Sign Installation EA 2 $138.60 1.35 Erosion Control LS 1 $14,364.43 1.36 Traffic Control and Maintenance LS 1 $48,960.00 1.37 Mobilization LS 1 $144,804.50 1.38 Cast -in -Place Detectable Warning Panel SF 260 $117.44 1.39 Handicap Access Ramp SY 90 $134.36 1.40 Project Sign EA 2 $1,039.50 1.41 Cold Milling Pavement SY 67 $248.09 1.42 ACHM Pavement Permanent Repair SY 67 $388.08 1.43 4" Portland Cement Concrete Base SY 92 $137.51 1.44 Concrete Island SY 238 $199.59 1.45 Drop Inlet Adjusted to Grade EA 1 $3,230.77 1.46 Rumble Strips LF 1656 $34.65 1.47 Raised Pavement Markers EA 364 $13.86 1.48 6" Thick Concrete Sidewalk with Integral Retaining Wall SY 102 $540.99 1.49 6" Thick Handicap Access Ramp with Integral Retaining Wall SY 25 $450.77 1.50 Cast -in -Place Concrete Retaining Wall SF 25 $105.91 1.51 System Local Controller TS2-Type 2, E-Net (8 Phases) EA 1 $36,225.00 1.52 Ethernet Switch, T100 Hardened (8-Port) EA 1 $4,153.80 1.53 E-Net Cable (Exterior Cat 5e) LF 70 $5.54 1.54 Local Radio (E-Net 5.8) with Antenna EA 1 $5,405.50 1.55 Battery Backup System EA 1 $13,181.30 1.56 Traffic Signal Head, LED, (3 Section, 1 Way) EA 10 $1,351.25 1.57 Central Control Unit EA 1 $7,798.15 1.58 Pole Mounted Assembly EA 8 $2,875.00 1.59 Countdown Pedestrian Signal Head, LED EA 8 $1,667.50 1.60 Traffic Signal Cable (5c/14 A.W.G.) LF 1514 $2.59 1.61 Traffic Signal Cable (7c/14 A.W.G.) LF 128 $3.16 1.62 Traffic Signal Cable (20c/14 A.W.G.) LF 430 $4.60 1.63 Electrical Conductors -In -Conduit (1c/8 A.W.G., E.G.C.) LF 481 $1.72 1.64 Electrical Conductors -In -Conduit (1c/12 A.W.G., E.G.C.) LF 275 $0.86 1.65 Electrical Conductors -In -Conduit (2c/6 A.W.G.) LF 37 $5.16 1.66 Electrical Conductors for Luminaires LF 650 $2.30 1.67 Galvanized Steel Conduit (2") LF 14 $34.50 1.68 Non -Metallic Conduit (2") LF 37 $25.30 1.69 Non -Metallic Conduit (3") LF 460 $46.00 1.70 Concrete Pull Box (Type 2) EA 4 $862.50 1.71 Concrete Pull Box (Type 1 HD) EA 1 $1,437.50 1.72 Concrete Pull Box (Type 2 HD) EA 2 $1,437.50 1.73 Traffic Signal Mast Arm and Pole with Foundation (22') EA 1 $31,470.90 1.74 Traffic Signal Mast Arm and Pole with Foundation (32') EA 2 $33,018.80 1.75 Traffic Signal Mast Arm and Pole with Foundation (36') EA 1 $34,517.25 1.76 LED Luminaire Assembly EA 4 $1,007.40 1.77 Traffic Signal Pedestal Pole with Foundation EA 2 $5,479.18 1.78 Service Point Assembly (2 Circuits) EA 1 $4,025.00 1.79 18" Street Name Sign EA 4 $977.50 1.80 Video Detector (CLR) EA 7 $4,744.90 1.81 Video Cable LF 901 $4.60 1.82 Video Monitor (CLR) EA 1 $1,380.00 1.83 Edge Connect Card for Communications EA 7 $6,844.80 1.84 Video Processor, Edge Card (1 Camera) EA 1 $6,210.00 1.85 Vehicle Detector Rack (32 Channel) EA 1 $4,916.25 1.86 2" Non -Metallic Conduit LF 1000 $18.02 1.87 Composite Junction Box, Installed EA 13 $284.13 1.88 Lighting Assembly Type A and Associated Hardware Installed EA 12 $14,108.69 1.89 No. 10 AWG Copper Conductor, Installed in Light Pole LF 600 $2.56 1.90 No. 6 AWG Copper Conductor, Installed in Conduit LF 3150 $3.48 1.91 Water and Sewer Erosion Control LS 1 $6,237.00 1.92 Water and Sewer Traffic Control LS 1 $30,492.00 1.93 Water and Sewer Mobilization LS 1 $10,395.00 1.94 Water and Sewer Trench Excavation Safety Systems LS 1 $10,395.00 1.95 Water and Sewer Construction Staking and Record Drawing Data LS 1 $11,781.00 1.96 Spot Dig and Verify Existing Utility Locations LS 1 $10,400.00 1.97 Water and Sewer Material and Acceptance Testing LS 1 $6,930.00 1.98 Flowable Fill for Abandoned Pipelines LF 435 $16.52 1.99 8" PVC (SDR-26) Gravity Sewer LF 450 $97.02 1.100 4' ID Manhole, 0' to 6' Depth EA 5 $5,544.00 1.101 4' ID Manhole Additional Depth, Over 6' VF 2 $920.00 1.102 Core Drill and Connect to Existing Manhole EA 1 $1,730.00 1.103 Compacted Class 7 Aggregate Base Coarse for Backfill CY 250 $92.08 1.104 Water and Sewer Undercut and Backfill CY 50 $360.40 1.105 Water and Sewer Rock Excavation CY 100 $325.00 1.106 8"X6" Tapping Sleeve and Fire Hydrant Assembly EA 1 $18,360.00 1.107 Water Meter and Service Line Relocation EA 2 $3,070.00 1.108 Adjust Valve Boxes and Meter Boxes to Finished Grade LS 1 $1,530.00 1.109 Remove Fire Hydrant Assembly and Install 8" MJ Cap EA 1 $9,210.00 1.110 Sewer Service Line Relocation EA 6 $3,100.00 1.111 Water Service Tap EA 3 $3,836.67 1.112 Sewer Service Tap EA 3 $3,070.00 1.113 Thin Asphalt Overlay (4.75 mm) (PG64-22) TON 775 $290.00 2 Bid Schedule 2 - Deductive Alternate 1 EA 1 -$224,750.00-$224,750.00 2.1 Thin Asphalt Overlay (4.75 mm) (PG64-22) TON 775 -$290.00 Total $2,770,826.53 Jonathan Smith Jonathan Smith, Purchasing Agent Digitally signed by Andrea Andrea Foren Foren Date: 2022.04.07 16:41:20 -05'00' Digitally signed by Jonathan Smith Date: 2022.04.06 13:28:00-05'00' Date Andrea Foren, Purchasing Manager Date 413JqC More Than a Promise 5500 Euper Lane PO Box 3529 Ft. Smith, AR 72913 (479) 452-4000 www.bhca.com Bid Bond KNOW AT.1, MEN BY THFSF. PRRSFNTS. that we. (Here insert full narne and address or legal title of Contractor) Benchmark Construction of NWA, Inc. 333 West Poplar, Ste A Fayetteville, AR 72703 as Principal, hereinafter called the Principal, and (Hare in cart full rulmv unrl ndlyn'-s.s nr IPgal title of .SttrPty) Westfield Insurance Company P. O. Box 5001 Westfield Center, OH 44251-5001 a corporation duly organized under the laws of the State of Ohio a3 Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID Dullars ($ 5% ), fur the payment of which sum welt and truly to be made, the said Principal and the said Surety, bind oucsolves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Archiball Yell Blvd. Improvements (Here inserr full name, address and descriptfon of projecr) NOW, THEREFORE, if the Obligee sbal) accept the bid of the Principal and the Principal shall enter into a Contract with the Ohligee. in nannrdanrc with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligce the difference riot to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 5th day of April 2022 Benchmark Construction of NWA, Inc. (Principal) (Seal) (Title) Westfield Insurance Com an 0C L, ' Surety) � TirlP} {,CPrrll Mary Ann Ju ce , Attorney-In-Facr- AIA Document A31 OnA —1970. Copyright 0 1963 and 1970 by The American Insillute of Architects. I HIS NUWEH UP Al IUHNtY SU1JtHCtU1:5 ANY NHtVIUUS PUWtK btAKINU I nw JAmt POWER # AND ISSUED PRIOR TO 02125/21, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO, 0320052 04 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know Air Man 6y These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinatler referred to Individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Chic, and having Its principal cf'Ire in Westfield Center, Medina Cct;nty, Ohlc, do by these presents make, constitute and appoint SCOTT R. CLARK, MARTY C. CLARK, SHANNON C. SCHMIDLY, ELIZABETH A. SOLOMON, MARY ANN JUSTICE, SCOTT WHITTENBERG, LISA MCCLURE, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful Attorney (s)-i n-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - • - - - - - - - • - - - - - - - - - - - - - - - - - - - - - - - - . . . - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as hilly and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirmlrg all that the said Attorney(s)-In-Fact may do In the premises- Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY; Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attar ney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and On behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seat of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.' {Each adapted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of FEBRUARY A.D., 2021 . �,,..11.IWIy„ N1111i i11.. Corporate gri h N WESTFIELD INSURANCE COMPANY Seals 11t .... �!!� ', ,.= •t.'%1o..;!q3 p,. tie.• WESTFIELD NATIONAL INSURANCE COMPANY Affixed I` .a.�� OHIO FARMERS INSURANCE COMPANY 49 1848 State of Ohio $yGary, W. tumper, Nationa Surety Leader and County of Medina ss.; Senior Executive On this 25th day of FEBRUARY A.D., 2021 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above Instrument; that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial NN11X1, Seal PtAL!' Affixedi 14r� State of Ohio David A. Kotnik, Attorney at Law, Notary Public =• 46 ` My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: y r* TE OF Oda I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies' at Westfield Center, Ohio, this 5th day of April A.U., 2622 . { E 5eciTtay 1848 + '•• •�, = ' •= Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) DOCUMENT 0400-BID FORM Contract Name: ARCHIBALD YELL BLVD.IMPROVEMENTS Bid Number: 22-29 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Benchmark Construction 333 West Poplar St, Ste A Fayetteville, AR 72703 ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400-Bid Form 00400-1 DOCUMENT 0400-BID FORM (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date #1 3-18-22 B. Bidder 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. Bidder 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. Bidder 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. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, 0400-Bid Form 00400-2 DOCUMENT 0400-BID FORM (continued) 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, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, 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. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and 0400-Bid Form 00400-3 DOCUMENT 0400-BID FORM (continued) Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 4- BID PRICE Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the event all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): 0400-Bid Form 00400-4 DOCUMENT 0400-BID FORM (continued) ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a bank located in the State of Arkansas or a Bid Bond in the amount of Dollars ($ 5% bid bond B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Benchmark Construction Steve Smith Email benchmarkconst@att.net Phone No. 479-251-1316 Fax No. 479-251-1319 0400-Bid Form 00400-8 DOCUMENT 0400-BID FORM (continued) ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. Arkansas State Contractor License No. 0033500522 If Bidder is: An Individual Name (type or printed): By: (SEA (Individual's Signature) Doing business as: Business Phone No: Fax No. Email Address: A Partnership Partnership Name: (SEAL) By: (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business Phone N Email Address: N 0400-Bid Form 00400-9 DOCUMENT 040[1-BID FORM continued A Co oration or LLC Corporation Nairte : ��'+ � r k nb� ritC a d WA, SEAL) State of incorporation:n Type (General Business, Professional, Service, Limited Liability): (Signature of general partner -attach evidence of authority to sign) Name (type or printed):_ 51ephGn 43fVV;' b Title: eco (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Business address: 3 3 u) . ?a_plAr S $ -5u i +e A Fagleffevi Ile, M2 72703 Phone No: *Iq - 25 I - 1: [o Fax No. -� 5 -131 Email Address: 5ertalnrno rk 0bri5tdj) Q.-Vt, n B� Tax ID N►rmber (TK 1 - 0 4-17 3 2- DUNS # i 1 - 66. - 42 5,q Cage Code: END OF DOCUMENT 00400 0400-Bid Form 00400-10 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: Contract Name: ARCHIBALD YELL BLVD. MPROVEMENTS Bid #: 22-29 Date: April 5, 2022 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Benchmark Construction Name Steve Smith Address 333 West Poplar St, Ste A Principal Office Same Corporation, partnership, individual, joint venture, other Corporation Arkansas State General Contractor's License Number 0033500522 (Type or legibly print) EXPERIENCE STATEMENT 1. Bidder has been engaged as a General Contractor in construction for 45 years and has performed work of the nature and magnitude of this Contract for 45 years. Bidder has been in business under its present name for 16 years. 2. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) 00140-Bidder Qualifications 00140 — 1 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) 3. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. 5. Bidder normally performs the following work with his own forces: Construction Admin, Supervision, Demolition, Dirtworks, Erosion Control, Agg Base Concrete, Topsoil and Sod, 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): See attached 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: See attached 8. Bidder's Workmen's Compensation Experience Modifier Factor is: .83 00140-Bidder Qualifications 00140 — 2 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) FINANCIAL STATEMENT A. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide to the City of Fayetteville the following additional information: Bidder possesses adequate financial resources as indicated by the following: 1. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof. If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: NONE Judgment Creditors Where Docketed and Date Amount a. Pei 00140-Bidder Qualifications 00140 — 3 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: April 5, 2022 Name of organization: Benchmark Construction of NWA, Inc. By Stephen Smith (Type or legibly print) By Stephen Smith (Signature) Title CEO (Type or legibly print) (OFFICIAL SEAL) (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 00140-Bidder Qualifications 00140-4 AIA G703 Contractor's Qualification Statement SUBMITTED TO: MR. SEAN SLAPE SUBMITTED BY: STEPHEN SMITH, CEO NAME: BENCHMARK CONSTRUCTION OF NWA, INC. ADDRESS: 333 WEST POPLAR ST, STE 'A', FAYETTEVILLE, AR 72703 PRINCIPAL OFFICE: ABOVE (XX) Corporation NAME OF PROJECT: CRISIS BREWERY § 1. ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? 40 Years § 1.2 How many years has your organization been in business under its present business name? 14 years § 1.2.1 Under what other or former names has your organization operated? Marinoni Construction Company, Inc. § 1.3 If your organization is a corporation, answer the following: § 1.3.1 Date of incorporation: June 1976 § 1.3.2 State of incorporation: Arkansas § 1.3.3 President's name: Roger Ross § 1.3.4 Ceo name: Stephen Smith § 1.4 If your organization is a partnership, answer the following: § 1.4.1 Date of organization: Not Applicable § 1.4.2 Type of partnership (if applicable): § 1.5 If your organization is individually owned, answer the following: § 1.5.1 Date of organization: June 1976 § 1.5.2 Name of Owners: Stephen Smith, Roger Ross § 1.6 If the form of your organization is other than those listed above, describe it and name the principals: NA § 2. LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. Jurisdictions: Arkansas. LICENSE NUMBER: 0033500522 Trade Categories: General Construction of Commercial, Industrial and Institutional Projects with unlimited bidding capacity. § 2.2 List jurisdictions in which your organization's partnership or trade name is filed. Arkansas Secretary of State § 3. EXPERIENCE § 3.1 List the categories of work that your organization normally performs with its own forces. Site Work, Dirt Work, Concrete, Framing, Masonry, Supervision, Rough and Finish Carpentry, Specialties §3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details) § 3.2.1 Has your organization ever failed to complete any work awarded to it?: No § 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? No § 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? No 3.4 Projects Completed in the last 7 Years: Northwest Arkansas Regional Airport —Rental Fleet Maintenance Facility and Car Wash Dale Scarbrough, WDD Architects (479-442-6681) City of Rogers Veteran's Park Concessions/Maintenance Buildings Jim Swearingen Architect, Crafton Tull and Associates (479-636-4838) City of Fayetteville Compost Facility Lynn Hyke (479-466-7589) Gravette Middle School Annex David Swearingen, Crafton Tull and Associates Architect (479-636-4838) University of Arkansas —Davis Hall Historical Renovation/Addition. LEED Certified. Rob Sharp Architect (479-442-0229) Lincoln Athletic Complex (Football field, field house, track, concession/restroom building) Lewis Elliott Architects, Mary Ann Spears, Supt of Schools (479-824-7310) City of Springdale —Shiloh Restroom/Basement Remodel Don Mobley Architect (479-466-1746) Highlands Oncology Cancer Treatement Facilities—Crafton Tull and Assoc Architects. Wes Burgess Architect (479-878-2452) Kathey Parker, Owner (479-587-1700) City of Fayetteville Water/Sewer Operation Improvements. Lynn Hyke 2 Starlight Skate Rink Renovation Jim Key Architect (479-444-6066) Black Hills Energy NWA Headquarters — Polk Stanley and Assoc, Craig Curzon Architect (479-444-0473) American Electric and Power/Swepco Office/Warehouse Addition AFHJ Architects (Zed Johnson, Retired) University of Arkansas—Brough Commons Dining Hall and Kitchen, Harrison French Architects, Lance Weatherton, Architect (479-273-7780) Univ of Arkansas NCREPT (Nat Center for Reliable Elect Transmission) Building Modus Studios. Jason Wright University of Arkansas Harmon Parking Garage Renovations —Polk Stanley and Assoc,Craig Curzon Architect (479-444-0473). Jim Beatty Engineer. Sequoyah Maison Condominiums —Rob Sharp Architect (442-0229) Tyson Research Farm Broiler Houses/Operations Facility —Chris Hall Bank of Fayetteville all Construction Needs Jennifer Hardin, Vice -President (479-444-4444) Harvey Dowell Concrete Bridge Renovations McGoodwin Williams and Yates. Brad Hammond Decatur School District FEMA Storm Shelter/Gymnasium—Jim Mayer Architect (479-246-0055) City of Fayetteville Transfer Station. LEED Certified —Brad Hammond at Mcgoodwin, Williams and Yates Ft Smith Airport Taxiway Paving —Brian Mauer, Engineer Creekside Park and Bike Trail --Geoff Bates Engineer Blowing Springs to Metfield Park Greenway Trail --Garver Engineers Drake Field Taxiway B--Garver Engineers § 3.4.1 State total worth of work in progress and under contract: Work in Progress: $6 million Work under contract: Many projects are in negotiation and not under contract terms at this time. A current 5 year Construction Program with Black HIlls Energy. § 3.5.1 State average annual amount of construction work performed during the past five years: $7 million § 3.6 List the construction experience and present commitments of the key individuals of your 3 organization. Stephen Smith, owner, 34 years experience in commercial/industrial construction Roger Ross, owner, 31 years experience in commercial/industrial construction Chuck Ketcher, Supt, 26 years experience in commercial/industrial construction Rick Vasquez, Foreman, 25 years experience Armando Vasquez, Foreman, 16 years experience Roberto Sanchez, Foreman, 30 years experience Thomas Sargent, Foreman, 25 years experience The remaining personnel with an average of 12 years working in our company consist of the rest of the construction team. All of our personnel carry skills to self -perform projects that allow schedules and budgets to be met. Simply stated, we are not a broker contractor. Note: Our construction team, from the owners down to laborers, are 100 percent committed to satisfying each client. The ownership is not involved with any outside investments (ie developing etc..) that would distract our commitment to serving our clients!! The ownership also takes an active role in the projects that we build. Project management/Supervision is handled by the ownership, therefore a vested interest in client satisfaction is our objective. § 4. REFERENCES § 4.1 Trade References: Brown Hiller Clark Insurance, Scott Clark, 452-4000 Tune Concrete 442-8251, Dennis Tune, 479-442-8251 Darragh Company, Ronnie McDaniel, 479-651-6800 Meeks Lumber Company, Tom Hamaker, 479-442-2351 Architects and Engineers: Have worked with all major firms in the NWA area over the last 33 years. § 4.2 Bank References: Bank of Fayetteville (Bob King VP, MaryBeth Brooks President) 479-444-4444 § 4.3 Surety: §4.3.1 Name of bonding company: Westfield Insurance Company § 4.3.2 Name and address of agent: M Brown Hiller Clark 5500 Euper Lane Ft Smith, Ar 72913 Scott Clark 479-452-4000 § 6. SIGNATURE § 6.1 Dated at this 5th Day of April, 2022 Name of Organization: Benchmark Construction of NWA, Inc. By: StiW2&2 L Stephen Smith Title: CEO DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: ARCHIBALD YELL BLVD. IMPROVEMENTS Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name and Address Clearing/Demolition Benchmark Construction Benchmark Construction Tomlinson Asphalt Benchmark Construction Benchmark Construction By Owner SWPPP/Erosion Control Asphalt Concrete Landscaping Material Testing Other (designate) NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signature END OF DOCUMENT 00430 Expected Percentage or Value 12% 2% 00430-List of Subcontractors 00430-1 CITY OF W;% FAYETTEVILLE ARKANSA Bid 22-29 Addendum 1 Benchmark Construction Company Benchmark Construction Company of NWA, Inc. Supplier Response Event Information Number: Bid 22-29 Addendum 1 Title: Bid 22-29, Construction - Archibald Yell Rebid Type: Invitation to Bid Issue Date: 3/6/2022 Deadline: 4/5/2022 03.00 PM (CT) Notes: The city of Fayetteville, Arkansas is accepting sealed bids from properly licensed firms for Archibald Yell Boulevard improvements. The work under this contract includes, but is not limited to, the Archibald Yell Boulevard striping and signage improvements from W. Martin Luther King Jr. Blvd to E. Rock St., intersection and signal improvements to the Archibald Yell Blvd. and W. South St. intersection, and intersection realignment of and improvements to the Archibald Yell Blvd., S. College Ave., and E. Rock St. intersection. Questions should be addressed to Jonathan Smith, Purchasing Agent, at jonsmith@fayetteville-ar.gov. Contact Information Contact: Jonathan Smith Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Phone: (479) 575-8220 Email: jonsmith@fayetteville-ar.gov Page 1 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1 Benchmark Construction Company Information Contact: Steve Smith Address: 333 W. POPLAR ST., STE A Fayetteville, AR 72703 Phone: (479) 251-1316 Email: benchmarkconst@att.net Web Address: None By submitting your response, you certify that you are authorized to represent and bind your company. Steve Smith Signature Submitted at 4/5/2022 1:33:14 PM Requested Attachments benchmarkconst@att.net Email Bid 22-29, Required Signature Required Signature Forms and Bid Form with Addenda Acknowledgement. pdf Forms Please sign and attach the required bid signature forms. You can find these forms under attachments in the Project Manual. Bid 22-29, Bid Bond Please attach a signed copy of your bid bond. Bid Attributes BID BOND ARCHIBALD YELL IMPROVEMENTS.pdf 1 Bid 22-29, Arkansas Contractor's License Number Please provide your Arkansas Contractors License Number. 0033500522 2 Bid 22-29, Arkansas Secretary of State Filing Number Please provide your Arkansas Secretary of State Filing Number. 5381670002 3 Bid 22-29, Company Point of Contact Please provide us with a company phone number and email address. Phone number: 479-251-1316 Email: benchmarkconst@att.net 4 Bid 22-29, Arkansas Code Annotated §25-1-503 Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Agree and Certify Bid Lines 11 Packaae Header Page 2 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1 Bid Schedule 1 - Scope of Work Quantity: 1 UOM: EA Package Items Total: $2,995,576.53 1.1 Insurance and Bonding Quantity: 1 UOM: LS Price: $72,561.92 Total: $72,561.92 1.2 Roadway Construction Control Quantity: 1 UOM: LS Price: $36,279.00 Total: $36,279.00 1.3 Trench and Excavation Systems Quantity: 1 UOM: LS Price: $9,687.50 Total: $9,687.50 1.4 Clearing, Grubbing, and Demolition Quantity: 1 UOM: LS Price: $371,560.00 Total: $371,560.00 1.5 Unclassified Excavation (Plan Quantity) Quantity: 1190 UOM: CY Price: $27.03 Total: $32,165.70 1.6 Embankment (Plan Quantity) Quantity: 1880 UOM: CY Price: $39.16 Total: $73,620.80 1.7 Select Embankment (Plan Quantity) Quantity: 677 UOM: CY Price: $69.31 Total: $46,922.87 1.8 Undercut and Backfill Quantity: 600 UOM: CY Price: $36.75 Total: $22,050.00 1.9 Rock Excavation Quantity: 10 UOM: CY Price: $400.00 Total: $4,000.00 1.10 Subgrade Preparation (Plan Quantity) Quantity: 1786 UOM: SY Price: $11.84 Total: $21,146.24 1.11 4" Topsoil Placement (Yard Areas) Quantity: 1990 UOM: SY Price: $7.62 Total: $15,163.80 1.12 5'x4' Rectangular Curb Inlet Quantity: 1 UOM: EA Price: $9,010.00 Total: $9,010.00 1.13 Concrete Channel Paving Quantity: 2 UOM: SY Price: $355.00 Total: $710.00 1.14 6" Aggregate Base Course Quantity: 1786 UOM: SY Price: $45.04 Total: $80,441.44 1.15 Asphalt Concrete Hot Mix Surface Course (PG 70-22) Quantity: 170 UOM: TON Price: $487.88 Total: $82,939.60 1.16 Asphalt Concrete Hot Mix Binder Course (PG 64-22) Quantity: 314 UOM: TON Price: $335.41 Total: $105,318.74 1.17 Concrete Curb and Gutter (Type A) (1'-6") Quantity: 1419 UOM: LF Price: $73.60 Total: $104,438.40 1.18 Concrete Curb (Type A) Quantity: 259 UOM: LF Price: $64.36 Total: $16,669.24 Page 3 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1 1.19 4" Thick Concrete Sidewalk Quantity: 539 UOM: SY 1.20 6" Thick Concrete Sidewalk Quantity: 114 UOM: SY 1.21 Concrete Driveway Aprons Quantity: 65 UOM: SY 1.22 Concrete Driveway Quantity: 154 UOM: SY 1.23 Solid Sod Quantity: 802 UOM: SY 1.24 Seeding Quantity: 0.3 UOM: Acre 1.25 Additional Watering Quantity: 22 UOM: MG 1.26 6" Pavement Marking (Thermoplastic) Quantity: 12703 UOM: LF 1.27 8" Pavement Marking (Thermoplastic) Quantity: 243 UOM: LF 1.28 12" Pavement Marking (Thermoplastic) Quantity: 137 UOM: LF 1.29 24" Pavement Marking (Thermoplastic) (White) Quantity: 708 UOM: LF 1.30 Yield Lines (Thermoplastic) Quantity: 12 UOM: LF 1.31 Pavement Symbols (Arrows - Thermoplastic) Quantity: 16 UOM: EA 1.32 Pavement Symbols (Words - Thermoplastic) Quantity: 7 UOM: EA 1.33 Standard Street Sign Installation Quantity: 32 UOM: EA 1.34 Custom Street Sign Installation Quantity: 2 UOM: EA 1.35 Erosion Control Quantity: 1 UOM: LS 1.36 Traffic Control and Maintenance Quantity: 1 UOM: LS 1.37 Mobilization Quantity: 1 UOM: LS Price: I Total: 1 $87,091.62 Price: I Total: 1 $18,139.68 Price: I Total: 1 $21,205.60 Price: I Total: 1 $38,740.24 Price: I Total: 1 $5,004.48 Price: 1 Total: 1 $2,968.81 Price: I Total: 1 $5,800.08 Price: I Total: 1 $19,308.56 Price: I Total: 1 $843.21 Price: I Total: 1 $1,898.82 Price: I Total: 1 $19,625.76 Price: I Total: 1 $415.80 Price: I Total: 1 $7,761.60 Price: I Total: 1 $3,880.80 Price: I Total: 1 $13,305.60 Price: I Total: 1 $277.20 Price: 1 $14,364.43 Price: 1 $48,960.00 Price: 1 $144,804.50 Total: 1 $14,364.43 Total: 1 $48,960.00 Total: 1 $144,804.50 Page 4 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1 1.38 Cast -in -Place Detectable Warning Panel Quantity: 260 UOM: SF Price: $117.44 Total: $30,534.40 1.39 Handicap Access Ramp Quantity: 90 UOM: SY Price: $134.36 Total: $12,092.40 1.40 Project Sign Quantity: 2 UOM: EA Price: $1,039.50 Total: $2,079.00 1.41 Cold Milling Pavement Quantity: 67 UOM: SY Price: $248.09 Total: $16,622.03 1.42 ACHM Pavement Permanent Repair Quantity: 67 UOM: SY Price: $388.08 Total: $26,001.36 1.43 4" Portland Cement Concrete Base Quantity: 92 UOM: SY Price: $137.51 Total: $12,650.92 1.44 Concrete Island Quantity: 238 UOM: SY Price: $199.59 Total: $47,502.42 1.45 Drop Inlet Adjusted to Grade Quantity: 1 UOM: EA Price: $3,230.77 Total: $3,230.77 1.46 Rumble Strips Quantity: 1656 UOM: LF Price: $34.65 Total: $57,380.40 1.47 Raised Pavement Markers Quantity: 364 UOM: EA Price: $13.86 Total: $5,045.04 1.48 6" Thick Concrete Sidewalk with Integral Retaining Wall Quantity: 102 UOM: SY Price: $540.99 Total: $55,180.98 1.49 6" Thick Handicap Access Ramp with Integral Retaining Wall Quantity: 25 UOM: SY Price: $450.77 Total: $11,269.25 1.50 Cast -in -Place Concrete Retaining Wall Quantity: 25 UOM: SF Price: $105.91 Total: $2,647.75 1.51 System Local Controller TS2-Type 2, E-Net (8 Phases) Quantity: 1 UOM: EA Price: $36,225.00 Total: $36,225.00 1.52 Ethernet Switch, T100 Hardened (8-Port) Quantity: 1 UOM: EA Price: $4,153.80 Total: $4,153.80 1.53 E-Net Cable (Exterior Cat 5e) Quantity: 70 UOM: LF Price: $5.54 Total: $387.80 1.54 Local Radio (E-Net 5.8) with Antenna Quantity: 1 UOM: EA Price: $5,405.50 Total: $5,405.50 1.55 Battery Backup System Quantity: 1 UOM: EA Price: $13,181.30 Total: $13,181.30 1.56 Traffic Signal Head, LED, (3 Section, 1 Way) Quantity: 10 UOM: EA Price: $1,351.25 Total: $13,512.50 Page 5 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1 1.57 Central Control Unit Quantity: 1 UOM: EA Price: $7,798.15 Total: $7,798.15 1.58 Pole Mounted Assembly Quantity: 8 UOM: EA Price: $2,875.00 Total: $23,000.00 1.59 Countdown Pedestrian Signal Head, LED Quantity: 8 UOM: EA Price: $1,667.50 Total: $13,340.00 1.60 Traffic Signal Cable (5c/14 A.W.G.) Quantity: 1514 UOM: LF Price: $2.59 Total: $3,921.26 1.61 Traffic Signal Cable (7c/14 A.W.G.) Quantity: 128 UOM: LF Price: $3.16 Total: $404.48 1.62 Traffic Signal Cable (20c/14 A.W.G.) Quantity: 430 UOM: LF Price: $4.60 Total: $1,978.00 1.63 Electrical Conductors -In -Conduit (1c/8 A.W.G., E.G.C.) Quantity: 481 UOM: LF Price: $1.72 Total: $827.32 1.64 Electrical Conductors -In -Conduit (1c/12 A.W.G., E.G.C.) Quantity: 275 UOM: LF Price: $0.86 Total: $236.50 1.65 Electrical Conductors -In -Conduit (2c/6 A.W.G.) Quantity: 37 UOM: LF Price: $5.16 Total: $190.92 1.66 Electrical Conductors for Luminaires Quantity: 650 UOM: LF Price: $2.30 Total: $1,495.00 1.67 Galvanized Steel Conduit (2") Quantity: 14 UOM: LF Price: $34.50 Total: $483.00 1.68 Non -Metallic Conduit (2") Quantity: 37 UOM: LF Price: $25.30 Total: $936.10 1.69 Non -Metallic Conduit (Y) Quantity: 460 UOM: LF Price: $46.00 Total: $21,160.00 1.70 Concrete Pull Box (Type 2) Quantity: 4 UOM: EA Price: $862.50 Total: $3,450.00 1.71 Concrete Pull Box (Type 1 HD) Quantity: 1 UOM: EA Price: $1,437.50 Total: $1,437.50 1.72 Concrete Pull Box (Type 2 HD) Quantity: 2 UOM: EA Price: $1,437.50 Total: $2,875.00 1.73 Traffic Signal Mast Arm and Pole with Foundation (22') Quantity: 1 UOM: EA Price: $31,470.90 Total: $31,470.90 1.74 Traffic Signal Mast Arm and Pole with Foundation (32') Quantity: 2 UOM: EA Price: $33,018.80 Total: $66,037.60 1.75 Traffic Signal Mast Arm and Pole with Foundation (36') Quantity: 1 UOM: EA Price: $34,517.25 Total: $34,517.25 Page 6 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1 1.76 LED Luminaire Assembly Quantity: 4 UOM: EA Price: $1,007.40 Total: $4,029.60 1.77 Traffic Signal Pedestal Pole with Foundation Quantity: 2 UOM: EA Price: $5,479.18 Total: $10,958.36 1.78 Service Point Assembly (2 Circuits) Quantity: 1 UOM: EA Price: $4,025.00 Total: $4,025.00 1.79 18" Street Name Sign Quantity: 4 UOM: EA Price: $977.50 Total: $3,910.00 1.80 Video Detector (CLR) Quantity: 7 UOM: EA Price: $4,744.90 Total: $33,214.30 1.81 Video Cable Quantity: 901 UOM: LF Price: $4.60 Total: $4,144.60 1.82 Video Monitor (CLR) Quantity: 1 UOM: EA Price: $1,380.00 Total: $1,380.00 1.83 Edge Connect Card for Communications Quantity: 7 UOM: EA Price: $6,844.80 Total: $47,913.60 1.84 Video Processor, Edge Card (1 Camera) Quantity: 1 UOM: EA Price: $6,210.00 Total: $6,210.00 1.85 Vehicle Detector Rack (32 Channel) Quantity: 1 UOM: EA Price: $4,916.25 Total: $4,916.25 1.86 2" Non -Metallic Conduit Quantity: 1000 UOM: LF Price: $18.02 Total: $18,020.00 1.87 Composite Junction Box, Installed Quantity: 13 UOM: EA Price: $284.13 Total: $3,693.69 1.88 Lighting Assembly Type A and Associated Hardware Installed Quantity: 12 UOM: EA Price: $14,108.69 Total: $169,304.28 1.89 No. 10 AWG Copper Conductor, Installed in Light Pole Quantity: 600 UOM: LF Price: $2.56 Total: $1,536.00 1.90 No. 6 AWG Copper Conductor, Installed in Conduit Quantity: 3150 UOM: LF Price: $3.48 Total: $10,962.00 1.91 Water and Sewer Erosion Control Quantity: 1 UOM: LS Price: $6,237.00 Total: $6,237.00 1.92 Water and Sewer Traffic Control Quantity: 1 UOM: LS Price: $30,492.00 Total: $30,492.00 1.93 Water and Sewer Mobilization Quantity: 1 UOM: LS Price: $10,395.00 Total: $10,395.00 1.94 Water and Sewer Trench Excavation Safety Systems Quantity: 1 UOM: LS Price: $10,395.00 Total: $10,395.00 Page 7 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1 1.95 Water and Sewer Construction Staking and Record Drawing Data Quantity: 1 UOM: LS Price: $11,781.00 Total: $11,781.00 1.96 Spot Dig and Verify Existing Utility Locations Quantity: 1 UOM: LS Price: $10,400.00 Total: $10,400.00 1.97 Water and Sewer Material and Acceptance Testing Quantity: 1 UOM: LS Price: $6,930.00 Total: $6,930.00 1.98 Flowable Fill for Abandoned Pipelines Quantity: 435 UOM: LF Price: $16.52 Total: $7,186.20 1.99 8" PVC (SDR-26) Gravity Sewer Quantity: 450 UOM: LF Price: $97.02 Total: $43,659.00 1.100 4' ID Manhole, 0' to 6' Depth Quantity: 5 UOM: EA Price: $5,544.00 Total: $27,720.00 1.101 4' ID Manhole Additional Depth, Over 6' Quantity: 2 UOM: VF Price: $920.00 Total: $1,840.00 1.102 Core Drill and Connect to Existing Manhole Quantity: 1 UOM: EA Price: $1,730.00 Total: $1,730.00 1.103 Compacted Class 7 Aggregate Base Coarse for Backfill Quantity: 250 UOM: CY Price: $92.08 Total: $23,020.00 1.104 Water and Sewer Undercut and Backfill Quantity: 50 UOM: CY Price: $360.40 Total: $18,020.00 1.105 Water and Sewer Rock Excavation Quantity: 100 UOM: CY Price: $325.00 Total: $32,500.00 1.106 8"X6" Tapping Sleeve and Fire Hydrant Assembly Quantity: 1 UOM: EA Price: $18,360.00 Total: $18,360.00 1.107 Water Meter and Service Line Relocation Quantity: 2 UOM: EA Price: $3,070.00 Total: $6,140.00 1.108 Adjust Valve Boxes and Meter Boxes to Finished Grade Quantity: 1 UOM: LS Price: $1,530.00 Total: $1,530.00 1.109 Remove Fire Hydrant Assembly and Install 8" MJ Cap Quantity: 1 UOM: EA Price: $9,210.00 Total: $9,210.00 1.110 Sewer Service Line Relocation Quantity: 6 UOM: EA Price: $3,100.00 Total: $18,600.00 1.111 Water Service Tap Quantity: 3 UOM: EA Price: $3,836.67 Total: $11,510.01 1.112 Sewer Service Tap Quantity: 3 UOM: EA Price: $3,070.00 Total: $9,210.00 1.113 Thin Asphalt Overlay (4.75 mm) (PG64-22) Quantity: 775 UOM: TON Price: $290.00 Total: $224,750.00 Page 8 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1 2 Package Header Bid Schedule 2 - Deductive Alternate 1 Quantity: 1 UOM: EA Package Items 2.1 Thin Asphalt Overlay (4.75 mm) (PG64-22) Quantity: 775 UOM: TON Total: $-224, 750.00 Price: I Total: 1 $-224,750.00 Response Total: $2,770,826.53 Page 9 of 9 pages Vendor: Benchmark Construction Company Bid 22-29 Addendum 1 LJLIIJJJLL� ���0 ❑o F7°E:i°0nnF7�l MAPLE ST. rr ui L ❑ ❑L w I FT ❑ LAFAYE�, STwC El 1❑HO > o ❑❑❑ C) DICKSON ST z []� L ¢ Lul I E [ISPRING ST. ❑I[] ❑iIF oow u CENTER ❑❑❑��'❑❑� /� E \1, UNTAIN� ST. ❑ ❑ ❑❑❑❑❑ ROCK ST. FT- SOUTH❑D ST. ❑per CGti a ❑ ❑ PROJECT ��<<<c� MLK BLVD ❑ ❑ ❑ SITE �V ❑❑��� �(L D J ui 0 w co > > U' m W N ❑ Z 15TH ST. a o 15TH ST. Zil VI C I NI T Y MAP ARCHIBALD YELL BLVD I1M19:Z01VI21M1201� 2019 BOND PROGRAM Matt Casey Submitted By City of Fayetteville Staff Review Form 2022-0377 Legistar File ID 5/17/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/22/2022 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of Contract Amendment #1 in the amount of $25,400.00 with Garver, LLC. for the Archibald Yell Blvd. Safety Improvements Project and approval of a budget adjustment. Budget Impact: 4602.860.7221-5860.02 Streets Projects 2019 Bonds Account Number Fund Hwy 71B Corridor Archibald Yell Safety 46020.7221.1010 Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 70,679.00 Funds Obligated $ 17,658.89 Current Balance $ 53,020.11 Does item have a cost? Yes Item Cost $ 25,400.00 Budget Adjustment Attached? Yes Budget Adjustment $ 25,400.00 Remaining Budget 53,020.11 V20210527 Purchase Order Number: Previous Ordinance or Resolution # 159-20 Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 17, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager CITY COUNCIL MEMO DATE: April 22, 2022 SUBJECT: Approval of Contract Amendment #1 in the amount of $25,400.00 with Garver, LLC. for the Archibald Yell Blvd. Improvements Project and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of Contract Amendment #1 in the amount of $25,400.00 with Garver, LLC. for the Archibald Yell Blvd. Improvements Project, and approval of a budget adjustment. BACKGROUND: The Archibald Yell Blvd. Improvements Project is a project in the 2019 Bond Program. The City Council approved a design contract with Garver, LLC in June of 2020. The project includes safety improvements to the intersection with College Avenue/Rock Street with pedestrian & lighting improvements, installation of a traffic signal at South Street, and pavement marking adjustments throughout the corridor. The Engineering Division staff will be providing the project management and inspection for the construction of this project. DISCUSSION: The approved contract with Garver does not include construction phase services. Staff has worked with Garver to develop a scope that will include support for the contractor and city staff as needed throughout the construction of this project. Garver has provided a fee in the amount of $25,400.00 for this additional work. The contract will be paid based on hourly rates for work completed, up to the total contract amount. BUDGET/STAFF IMPACT: This project will be paid for with the funds from the 2019 Transportation Bond Fund. The original estimate for this project was $700,000. The design contract is currently $238,920.00. With this contract amendment, it brings the current design total to $264,320.00. Attachments: Vicinity Map Garver, LLC - Engineering Agreement Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 U_ GARVER AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES City of Fayetteville Fayetteville, Arkansas Project No. 20T21030 CONTRACT AMENDMENT NO This Contract Amendment No. 1, effective on the date last written below, shall amend the original contract between the City of Fayetteville (Owner) and GARVER, LLC (GARVER), dated June 4, 2020 referred to in the following paragraphs as the original contract. This Contract Amendment No. 1 amends professional services for the: Improvements to the Archibald Yell Boulevard Corridor from Mountain Street to Martin Luther King, Jr. Boulevard. The original contract is hereby modified as follows: APPENDIX A — SCOPE OF SERVICES The following items shall be added to the Scope of Services as listed in Appendix A of the original agreement: The following items will be added to Section 13. Construction Phase Services of the original contract SCOPE OF SERVICES: During the construction phase of work, Garver will accomplish the following: A. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting. B. Evaluate and respond to construction material submittals and shop drawings. Corrections or comments made by Garver on the shop drawings during this review will not relieve Contractor from compliance with requirements of the drawings and specifications. The check will only be for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The Contractor will be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, coordinating his work with that of all other trades, and performing his work in a safe and satisfactory manner. Garver's review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, either directly or implied for a complete and workable system, Garver shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. C. Issue instructions to the Contractor on behalf of the Owner and issue necessary clarifications (respond to RFIs) regarding the construction contract documents. D. Review the progress payment request received from the Contractor and make a recommendation to the Owner regarding payment. Garver's recommendation for payment shall not be a representation that Garver has made exhaustive or continuous inspections to (1) check the quality or exact quantities of the Work; (2) to review billings from Subcontractors and Contract Amendment No. 1 1 of 3 Archibald Yell Boulevard Improvements Garver Project No. 20T21030 U- GARVER material suppliers to substantiate the Contractor's right to payment; or (3) to ascertain how the Contractor has used money previously paid to the Contractor. E. When requested by the Contactor or the City, meet on site to discuss construction progress / issues. Onsite meetings/observation will be capped at a total of 40 hours. F. When authorized by the Owner, prepare change orders for changes in the work from that originally provided for in the construction contract documents. If redesign or substantial engineering or surveying is required in the preparation of these change order documents, the Owner will pay Garver an additional fee to be agreed upon by the Owner and Garver. G. Participate in final project inspection, prepare punch list, review final project closing documents, and review the final pay request. H. Review the set of redlined working drawings from the Contractor and incorporate those changes into record drawings for delivery to the City in PDF format. APPENDIX B — GARVER FEE SPREADSHEETS The Maximum Not to Exceed Amount will be increased $25,400 from $238,920 to $264,320 as shown on the attached Appendix B Fee Summary Sheet — Amendment No. 1. Contract Amendment No. 1 2 of 3 Archibald Yell Boulevard Improvements Garver Project No. 20T21030 U— GARVER This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, Owner and GARVER have executed this Amendment effective as of the date last written below. CITY OF FAYETTEVILLE By: Signature Name: Printed Name Title: Date: Attest: Contract Amendment No. 1 Archibald Yell Boulevard Improvements GARVER, LLC .J By: �aL Signature Name: Ronald S. Petrie Printed Name Title: Senior Project Manager Date: 9/27/2021 Attest: DQA�4iW. 3 of 3 Garver Project No. 20T21030 i- GARVER. Appendix B City of Fayetteville Archibald Yell Boulevard Improvements - Amendment No. 1 Garver Hourly Rate Schedule: July 2021 - June 2022 Classification Rates Engineers / Architects E-1............................................................................... $ 114.00 E-2............................................................................... $ 132.00 E-3............................................................................... $ 160.00 E-4............................................................................... $ 187.00 E-5............................................................................... $ 228.00 E-6............................................................................... $ 280.00 E-7............................................................................... $ 373.00 Planners / Environmental Specialist P-1............................................................................... $ 137.00 P-2............................................................................... $ 172.00 P-3............................................................................... $ 209.00 P-4............................................................................... $ 239.00 P-5............................................................................... $ 273.00 P-6............................................................................... $ 316.00 P-7............................................................................... $ 390.00 Designers $ - D-1.............................................................................. $ 106.00 D-2.............................................................................. $ 124.00 D-3.............................................................................. $ 148.00 D-4.............................................................................. $ 172.00 Technicians T-1............................................................................... $ 83.00 T-2............................................................................... $ 105.00 T-3............................................................................... $ 128.00 Surveyors S-1............................................................................... $ 51.00 S-2............................................................................... $ 68.00 S-3............................................................................... $ 91.00 S-4............................................................................... $ 130.00 S-5............................................................................... $ 172.00 S-6............................................................................... $ 196.00 2-Man Crew (Survey)....................................................... $ 208.00 3-Man Crew (Survey)....................................................... $ 259.00 2-Man Crew (GPS Survey) ................................................ $ 228.00 3-Man Crew (GPS Survey) ................................................ $ 279.00 Construction Observation C-1.............................................................................. $ 100.00 C-2.............................................................................. $ 129.00 C-3.............................................................................. $ 158.00 C-4.............................................................................. $ 194.00 C-5.............................................................................. $ 232.00 Management/Administration M-1.............................................................................. $ 381.00 X-1............................................................................... $ 65.00 X-2............................................................................... $ 89.00 X-3............................................................................... $ 123.00 X-4............................................................................... $ 157.00 X-5............................................................................... $ 193.00 X-6............................................................................... $ 238.00 X-7............................................................................... $ 287.00 X-8............................................................................... $ 359.00 X-9............................................................................... $ 433.00 Agreement for Professional Services Archibald Yell Boulevard Improvements - Amendment No. 1 Garver Project No. 20T21030 Appendix B City of Fayetteville Archibald Yell Boulevard Improvements - Amendment No. 1 FEE SUMMARY Amendment 1 Total Estimated Title I Services Original Fees Estimated Fees Fees Geotechnical Services (Terracon) $ 6,200.00 $ - $ 6,200.00 Record Research $ 3,000.00 $ - $ 3,000.00 Utility Marking $ 400.00 $ - $ 400.00 Traffic Studies $ 19,050.00 $ - $ 19,050.00 Signalization Design $ 20,150.00 $ - $ 20,150.00 Surveys $ 31,250.00 $ - $ 31,250.00 Conceptual Design $ 36,900.00 $ - $ 36,900.00 Preliminary Design $ 43,400.00 $ - $ 43,400.00 Preliminary Design - Electrical $ 9,000.00 $ - $ 9,000.00 Final Design $ 48,050.00 $ - $ 48,050.00 Final Design - Electrical $ 5,120.00 Property Acquisition Documents $ 12,700.00 $ - $ 12,700.00 Bidding Services $ 3,700.00 $ - $ 3,700.00 Subtotal for Title I Service $ 238,920.00 $ - $ 238,920.00 Title II Services Construction Materials Testing $ - $ - $ - Construction Phase Services $ - $ 25,400.00 $ 25,400.00 Subtotal for Title II Service $ - $ 25,400.00 $ 25,400.00 FEE TOTAL $ 238,920.00 $ 25,400.00 $ 264,320.00 Appendix B City of Fayetteville Archibald Yell Boulevard Improvements - Amendment No. 1 CONSTRUCTION PHASE SERVICES WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-2 $280.00 $228.00 $187.00 $160.00 $132.00 $114.00 $105.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 6 8 Subtotal - Project Management 6 0 8 0 0 0 0 2. Civil Engineering Preconstruction Meeting 2 4 Review Contractor's Monthly Pay Requests (9 pay requests) F7 14 Response to Inquiries (RFIs) 8 Shop Drawings/Material Submittals 20 On -Site Meetings with Contractor/City 40 Prepare Change Orders 8 Final Project Inspection and Punchlist 4 Record Drawings 4 20 Subtotal - Civil Engineering 2 0 102 0 0 0 20 Hours 8 0 Salary Costs $2,240.00 $0.00 SUBTOTAL - SALARIES: $24,910.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $300.00 Postage/Freight/Courier $0.00 Travel Costs $190.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $490.00 SUBTOTAL: $25,400.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $25,400.00 110 0 0 0 20 $20,570.00 $0.00 $0.00 $0.00 $2,100.00 LJLIIJJJLL� ���0 ❑o F7°E:i°0nnF7�l MAPLE ST. rr ui L ❑ ❑L w I FT ❑ LAFAYE�, STwC El 1❑HO > o ❑❑❑ C) DICKSON ST z []� L ¢ Lul I E [ISPRING ST. ❑I[] ❑iIF oow u CENTER ❑❑❑��'❑❑� /� E \1, UNTAIN� ST. ❑ ❑ ❑❑❑❑❑ ROCK ST. FT- SOUTH❑D ST. ❑per CGti a ❑ ❑ PROJECT ��<<<c� MLK BLVD ❑ ❑ ❑ SITE �V ❑❑��� �(L D J ui 0 w co > > U' m W N ❑ Z 15TH ST. a o 15TH ST. Zil VI C I NI T Y MAP ARCHIBALD YELL BLVD I1M19:Z01VI21M1201� 2019 BOND PROGRAM CITY OF --� FAYETTEVILLE ARKANSAS TO: Chris Brown, Public Works Director FROM: Dane Eifling, Mobility Coordinator DATE: April 21, 2022 SUBJECT: Ash Street Traffic Calming STAFF MEMO RECOMMENDATION: Recommending forwarding the plan for the installation of 5 sets of speed cushions on E. Ash Street between Rayview Dr. and Old Wire Rd to Transportation Committee. BACKGROUND: E. Ash Street is has had multiple traffic calming requests dating back to 2008. Under the City's current traffic calming policy, Ash Street qualified for traffic calming based on traffic speed and volume studies and street classification. The street was recently repaved and restriped with narrower lanes and a 5-foot painted buffer space for the sidewalk on the south side. Traffic studies done after the lane narrowing showed no significant reduction in speeds. Subsequently, residents of the street successfully gathered signatures for the 60% approval needed to send plan to install speed cushions on the street to Transportation Committee for consideration. DISCUSSION: Based on traffic speed and volume studies conducted by City staff E. Ash Street has an average speed of 33.4 MPH and an 85th percentile speed of 38.6 MPH and an average of 2,781 VPD. The street scores 75 points on the traffic calming matrix, 35 points ate required to qualify for traffic calming. The 85th percentile speed being above 35 mph also means the street automatically qualifies for traffic calming under the City's policy. This section of Ash Street has higher traffic speed and volumes than typical residential link streets in Fayetteville. The street could be considered for reclassification as a neighborhood link street but needs improvements to existing curbs and sidewalks to meet minimum street standards. There has been some concern from staff about installing speed cushions on a street with these relatively high speed and volumes. However, the modular nature of the bolt -down speed cushions will allow staff flexibility to remove or adjust placements of the speed cushions if needed in the future. BUDGET/STAFF IMPACT: Est. $20,380.00 total material cost Attachments: 2008 Traffic Study 2022 Traffic Study Planned layout of speed cushions Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 100 0 100 Scale: I" = 100' STREET GRADE 10% ,t APPROXIMATELY 40OLF DISTANCE BETWEEN SPEED CUSHION LOCATIONS. PROPOSED LOCATIONS SUBJECT TO CHANGE BASED ON RESIDENT INPUT PRIOR TO TRANSPORTATION COMMITTEE APPROVAL. FINAL LOCATIONS MAY CHANGE SLIGHTLY DURING INSTALLATION TO NOT CONFLICT WITH DRIVEWAYS. T -'q , ; I --- —I A.; 655 r. - F tr._ w w _ 612 518 z 541 556 604 626 532 K F � 1919 w a 930 w w w z w 1016 Z m Z ■ E ASH ST 999 833 o ggg z Z z 2' SURVEYED BY: DRAWN BY: MLB DS'GNED BY: O Lu z O � w = U) z F U = O r— w Q > a a 0 W W J (n O W Lu 0 REVISED 00 QO t i O O 1781 i 111/7 STREET WIDTH 4' 2' 6' BIKE BUFFER SPEED CUSHION DETAIL DIMENSION OF ONE SPEED CUSHION: TLx6'Wx3"H 11 7 O J F LL w i LLI LLQ 0 u) 0 Z z Lu Y } z Zo ULLL< r Lij LLJ LFA ,L% 0 Z W DATE Mar 10, 2022 SHEET: 001 DRAWING. Ash Traffic Calming Layout CustomList-123 Page 1 Cust_omList-123 -- English (ENU) Datasets: Site: Direction: Survey Duration: File: Identifier: Algorithm: Data type: Profile: Filter time: Included classes: Speed range: Direction: Separation: Name: Scheme: Units: Column Legend: 0 [Time] 1 [Total] 2 [Mean] 3 [Vpp] 4 [Vbin] 5 [Total] 6 [Drop] 7 [RunTot] MetroCount Traffic Executive DefaulU [ash] volume and speed 8 - East bound A>B, West bound B>A., Lane: 0 9:00 Monday, January 28, 2008 => 11:15 Wednesday, January 30, 2008 C:\Program Files\MetroCount v314\User\Data\ash\2008\Jan\w of austiMash30Jan2008.ECO (Plus) L393JYGV MC56-6 [MC55] (c)Microcom 02/03/01 Factory default Axle sensors - Paired (Class, Speed, Count) 9:00 Monday, January 28, 2008 => 11 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 6 - 99 mph. East, West (bound) All - (Headway) Factory default profile Vehicle classification (Scheme F2) Non metric (ft, mi, ft/s, mph, lb, ton) 24-hour time (0000 - 2359) Number in time step Average speed Percentile speed Speed bin totals Number in time step 15-minute drops (Hour steps only) Cumulative total vehicles 15 Wednesday, January 30, 2008 CustomList-123 Page 2 * Monday, January 28, 2008 Time Total Mean Vpp Vbin Win Vbin Win Vbin Win Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Win Total Drop Drop Drop Drop RunTot 65 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 10 i5 20 25 30 35 40 45 50 55 60 65 70 75 80 D900 101 31.4 3a.9 0 0 11 11 16 30 24 7 1 1 0 ❑ 0 0 0 101 2') 24 21 29 101 1000 124 30.9 36.9 0 0 9 13 34 38 20 10 0 0 0 0 0 0 0 124 39 42 18 25 225 1100 147 32.1 38.5 0 2 3 19 29 43 37 11 1 1 0 1 0 0 0 147 40 26 41 40 372 1200 161 32.5 37.8 D 1 2 15 28 64 37 12 1 1 0 0 0 0 0 161 43 35 41 42 533 1300 145 33.2 38.7 0 0 4 13 24 50 36 12 4 2 0 0 0 0 0 145 44 33 32 36 678 1400 150 31.6 36.9 0 0 9 11 29 57 35 8 1 0 0 0 0 0 0 150 33 35 41 41 B2B 1500 255 32.0 37.1 0 1 11 24 34 113 55 14 0 2 0 1 0 0 0 255 43 63 81 68 1083 1600 255 31.7 37.4 0 0 7 24 62 90 58 11 3 D 0 0 0 0 0 255 63 66 68 5B 1338 1700 297 30.9 36.9 0 9 19 25 58 101 62 21 1 1 0 0 0 0 0 297 75 82 83 57 1635 1800 189 30.8 36.5 0 0 12 23 34 77 37 5 1 0 0 0 0 0 0 189 51 46 41 51 1824 1900 121 30.8 36.2 0 0 2 15 36 40 25 3 0 0 0 0 0 0 0 121 35 25 26 35 1945 2000 122 31.3 35.3 0 0 5 9 27 56 17 7 0 0 0 1 0 0 0 122 56 32 22 12 2067 2100 51 30.4 35.8 1) 0 0 13 8 18 10 2 0 0 0 0 0 0 0 51 17 13 12 9 2118 2200 32 31.0 34.2 0 0 1 3 8 15 3 2 0 0 0 0 0 0 0 32 14 8 6 4 2150 2300 22 32.0 36.9 0 0 0 2 4 10 5 1 0 0 0 0 0 0 0 22 B 4 4 6 2172 07-19 1824 31.7 37.6 0 13 87 176 348 663 401 ill 13 a 0 2 0 0 0 1824 458 452 467 447 2172 06-22 2118 31.6 37.1 0 13 94 215 419 777 453 123 13 8 0 3 0 0 O 2118 566 522 527 503 2172 06-00 2172 31.6 37.1 0 13 95 220 431 802 461 126 13 8 0 3 0 0 0 2172 588 534 537 513 2172 00-00 2172 31.6 37.1 0 13 95 220 431 802 461 126 13 B 0 3 0 0 0 2172 588 534 537 513 2172 * Tuesday, January 29, 2008 Time Total Mean Vpp Win Win Win Win Win Win Win Win Win Win Win Win Win Win Win Total Drop Drop Drop Drop RunTot 85 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 0000 13 32.3 36.9 0 0 0 2 2 4 4 1 0 0 0 0 0 0 0 13 1 7 4 1 2185 0100 5 28.1 - 0 0 1 1 1 1 1 0 0 0 0 0 0 0 0 5 3 1 1 0 2190 0200 4 31.5 - 0 0 0 0 1 2 1 0 0 0 0 0 0 0 0 4 2 0 0 2 2194 0300 3 35.5 - 0 0 0 0 0 2 1 0 0 0 0 0 0 D 0 3 1 1 0 1 2197 0400 7 32.3 - 0 0 0 2 0 4 0 0 0 1 0 0 0 0 0 7 2 0 2 3 2204 0500 14 35.2 42.1 0 0 0 0 2 5 4 3 0 0 0 0 0 0 0 14 1 7 2 4 2218 0600 49 31.5 37.6 0 1 2 5 9 18 11 1 1 1 0 0 0 0 0 49 8 10 16 15 2267 0700 284 32.2 37.8 0 2 13 18 59 102 70 15 5 0 0 0 0 D 0 284 25 51 80 12B 2551 0800 258 31.1 36.7 0 1 16 21 59 89 65 5 2 0 0 0 0 0 0 258 126 54 41 37 2809 0900 123 31.4 38.9 0 2 6 21 13 41 27 13 0 0 0 0 0 0 0 123 29 35 27 32 2932 1000 131 31.9 37.8 1 0 4 17 22 41 37 9 0 0 0 0 0 0 0 131 36 29 37 2B 3063 1100 142 33.8 39.6 0 0 6 12 16 37 51 17 3 0 0 0 0 D 0 142 37 36 30 39 3205 1200 191 32.3 38.0 0 1 7 19 37 64 40 17 5 0 1 0 0 0 0 191 49 40 51 51 3396 1300 137 32.1 38.0 0 0 4 17 31 37 34 11 1 2 0 0 0 0 0 137 46 32 30 29 3533 1400 159 32.1 37.4 1 1 2 11 35 58 46 5 0 0 0 0 0 0 0 159 37 32 44 46 3692 1500 270 32.6 37.6 0 1 7 21 51 102 67 18 2 1 0 0 0 0 0 270 53 73 91 53 3962 1600 196 31.2 38.5 0 2 8 28 41 58 40 17 1 1 0 0 0 0 0 196 43 40 60 53 4158 1700 275 31.8 37.6 0 0 8 42 49 88 65 20 2 1 0 0 0 0 0 275 66 77 66 66 4433 1800 171 31.8 36.9 1 0 3 19 34 74 30 5 4 1 0 0 0 0 0 171 43 40 50 38 4604 1900 105 32.1 38.0 0 0 2 8 24 38 28 4 1 0 0 0 0 0 0 105 29 29 28 19 4709 2000 88 31.6 38.0 1 0 4 8 16 30 24 5 0 0 0 0 0 0 0 88 26 30 16 16 4797 2100 58 30.4 34.7 0 0 0 8 19 22 8 1 0 0 0 0 0 D 0 5B 15 18 19 6 4855 2200 34 31.3 36.7 0 0 2 5 5 12 7 3 0 0 0 0 0 D D 34 9 9 5 11 4889 2300 23 30.7 37.6 0 0 1 1 10 6 5 0 0 0 0 0 0 0 0 23 5 7 5 6 4912 07-19 2337 32.0 37.8 3 10 64 246 447 791 572 152 25 6 1 0 0 0 0 2337 592 538 607 600 4912 06-22 2637 31.9 37.8 4 11 92 275 515 899 643 163 27 7 1 0 0 0 0 2637 670 625 6B6 656 4912 06-00 2694 31.9 37.8 4 11 95 281 530 917 655 166 27 7 1 0 0 0 0 2694 684 641 696 673 4912 00-00 2740 31.9 37.8 4 11 96 286 536 935 666 170 27 a 1 0 0 0 0 2740 694 657 705 684 4912 * Wednesday, January 30, 2008 Time Total Mean Vpp Win Win Win Win Win Win Win Win Win Win Win Win Win Vbin Win Total Drop Drop Drop Drop RunTot 85 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 --Do --15 --30 --45 10 15 20 25 30 35 40 45 50 55 60 65 70 75 8o 0000 11 2U.7 34.9 D 0 0 5 1 3 2 0 0 0 0 0 b 0 O 11 4 4 0 4921 0100 9 31.4 - 0 0 0 0 2 5 2 0 0 0 0 0 0 0 0 9 2 2 3 2 4932 0200 7 29.6 - 0 0 0 2 1 4 0 0 0 0 0 0 0 0 0 7 4 2 1 0 4939 0300 1 27.3 - a 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 4940 0400 6 31.2 - 0 0 0 1 2 2 0 1 0 0 0 0 0 0 D 6 0 2 0 4 4946 0500 16 31.2 36.0 0 0 0 2 4 4 6 0 0 D 0 0 D a 0 16 3 4 1 8 4962 0600 47 29_6 36.5 1 1 3 6 10 13 11 2 0 0 0 0 0 0 0 47 5 9 12 21 5009 0700 293 32.5 38.0 0 0 20 14 44 104 87 21 3 0 0 0 0 0 0 293 30 51 83 129 5302 0800 272 31.4 37.1 0 2 16 18 61 104 55 14 1 1 0 0 0 0 0 272 135 62 39 36 5574 0900 15 32.6 36.5 0 0 1 0 3 5 6 0 0 0 0 0 0 0 0 15 15 0 0 0 5589 07-19 580 32.0 37.4 0 2 37 32 108 213 146 35 4 1 0 O 0 0 0 SBO 180 113 122 165 5589 06-22 627 32.8 37.4 1 3 40 38 lie 226 159 37 4 1 0 O 0 0 0 627 185 122 134 186 5589 06-00 627 31.6 37.4 1 3 40 36 lie 226 159 37 4 1 0 O 0 0 0 627 185 122 134 186 5589 00-00 677 31.7 37.4 1 3 40 48 129 244 169 38 4 1 0 0 0 0 0 677 19B 136 142 201 5589 SpeedStatHour-148 Page 1 MetroCount Traffic Executive Speed Statistics by Hour SpeedStatHour-148 -- English (ENU) Datasets: Site: Attribute: Direction: Survey Duration: Zone: File: Identifier: Algorithm: Data type: Profile: Filter time: Included classes: Speed range: Direction: Separation: Name: Scheme: Units: In profile: [Ash St] ^ 4 - West bound, A trigger first. Lane: 1 12:18 Wednesday, January 26, 2022 => 12:48 Friday, January 28, 2022, Ash St 0 2022-01-28 1249.EC1 (Plus ) DD799A8Z MC56-1-5 [MC55] (c)Microcom 19Oct04 Factory default axle (v5.07) Axle sensors - Paired (Class/Speed/Count) 13:00 Wednesday, January 26, 2022 => 12:00 Friday, January 28, 2022 (1.95833) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 6-99mph. North, East, South, West (bound), P = West, Lane = 0-16 Headway > 0 sec, Span 0 - 328.084 ft Default Profile Vehicle classification (Scheme F3) Non metric (ft, mi, ft/s, mph, lb, ton) Vehicles = 5562 / 5700 (97.58%) SpeedStatHour-148 Page 2 Speed Statistics by Hour SpeedStatHour-148 Site: Ash St.1.OW Description: ^ Filter time: 13:00 Wednesday, January 26, 2022 => 12:00 Friday, January 28, 2022 Scheme: Vehicle classification (Scheme F3) Filter: Cls(1-13) Dir(NESW) Sp(6,99) Headway(>O) Span(O - 328.084) Lane(0-16) Vehicles = 5562 Posted speed limit = 37 mph, Exceeding = 1260 (22.65%), Mean Exceeding = 40.31 mph Maximum = 74.4 mph, Minimum = 7.9 mph, Mean = 33.5 mph 85% Speed = 38.59 mph, 95% Speed = 41.94 mph, Median = 33.44 mph 12 mph Pace = 27 - 40, Number in Pace = 4433 (79.70%) Variance = 26.31, Standard Deviation = 5.13 mph Hour Bins (Partial days) Time I Bin I Min I Max I Mean I Median 1 85% 1 95% 0000 1 22 0.396% 1 23.1 1 46.3 1 34.6 1 33.8 1 41.5 1 46.3 0100 1 10 0.180% 1 25.2 1 46.0 1 36.8 1 39.8 1 43.9 1 46.0 0200 1 14 0.252% 1 19.0 1 43.3 1 32.4 1 32.4 1 41.4 1 43.3 0300 1 6 0.108% 1 27.6 1 48.5 1 36.7 1 36.1 1 48.1 1 48.5 0400 1 12 0.216% 1 27.3 1 47.8 1 34.9 1 33.5 1 41.1 1 47.8 0500 1 37 0.6650 1 25.7 1 46.2 1 34.4 1 33.3 1 39.2 1 44.5 1 0600 1 92 1.654% 1 18.9 1 47.1 1 32.6 1 32.1 1 38.2 1 45.0 1 0700 1 613 11.02% 1 20.3 1 46.2 1 32.4 1 32.4 1 37.1 1 39.9 1 0800 1 560 10.07% 1 17.1 1 52.8 1 32.7 1 32.5 1 37.7 1 40.7 0900 1 206 3.7040 1 9.0 1 61.9 1 32.8 1 32.4 1 38.5 1 42.4 1000 1 213 3.8300 1 8.9 1 45.1 1 32.4 1 32.8 1 38.0 1 41.1 1100 1 281 5.052% 1 17.4 1 49.4 1 33.7 1 33.8 1 38.8 1 42.2 1200 1 137 2.463% 1 21.1 1 47.7 1 34.6 1 35.0 1 39.7 1 42.9 1300 1 287 5.1600 1 7.9 1 53.9 1 33.7 1 33.8 1 39.0 1 42.5 1 1400 1 319 5.735% 1 23.7 1 49.8 1 34.9 1 34.8 1 40.3 1 43.8 1 1500 1 671 12.06% 1 17.1 1 56.6 1 33.9 1 33.9 1 38.1 1 41.5 1 1600 1 606 10.90% 1 11.3 1 52.7 1 33.3 1 33.2 1 38.9 1 42.4 1700 1 694 12.48% 1 12.7 1 51.3 1 33.8 1 33.7 1 38.1 1 41.7 1800 1 309 5.556% 1 10.8 1 51.4 1 34.1 1 34.1 1 39.4 1 42.4 1900 1 182 3.272% 1 23.3 1 56.1 1 34.5 1 34.1 1 39.4 1 43.6 2000 1 136 2.445% 1 24.7 1 46.8 1 34.7 1 34.9 1 38.5 1 42.0 2100 1 79 1.420% 1 18.8 1 74.4 1 34.5 1 33.1 1 39.9 1 45.3 1 2200 1 45 0.809% 1 24.7 1 55.9 1 34.8 1 33.1 1 40.6 1 50.7 1 2300 1 31 0.557% 1 24.6 1 58.7 1 34.6 1 32.5 1 41.0 1 52.3 1 ---- 1 5562 100.0% 1 7.9 1 74.4 1 33.5 1 33.4 1 38.6 1 41.9 1 >PSL 37 mph 6 27.270 6 60.00% 3 21.430 3 50.00% 4 33.330 10 27.030 20 21.740 95 15.500 106 18.930 45 21.840 43 20.190 65 23.130 47 34.310 64 22.300 98 30.720 151 22.500 130 21.450 138 19.880 85 27.510 54 29.670 43 31.620 22 27.850 15 33.330 7 22.580 1260 22.65% Ii CITY OF FAYETTEVILLE ARKANSAS April 21 t", 2022 Transportation Committee Memo Re: Transportation Alternatives Program Grant — 1-49 & MLK Interchange RECOMMENDATION: Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit an application of an 80% federal 20% local matching grant through the Arkansas Department of Transportation - Transportation Alternatives Program for an award of up to $500,000 and City match of $125,000 to be used to fund active transportation elements for the 1-49 and MLK (Hwy62) interchange project. BACKGROUND: The Arkansas Department of Transportation (ARDOT) is in the design phase for improving the interchange of 1-49 and MLK (Hwy 62). The Fayetteville Active Transportation Master Plan identifies the Shiloh Trail along the west side of the interchange and the Tsa La Gi Trail along the south side MLK. These important connections need to be incorporated during the design phase of the new interchange. City staff has been in discussions with ARDOT and have proposed extending a 12-foot-wide shared use trail and a grade separated crossing under MLK for the Shiloh Trail. In addition, the city proposes widening the standard sidewalk to a 12-foot- wide shared use trail for the Tsa La Gi Trail along the south side of MLK for the extent of the project. This trail along MLK will provide a critical bicycle and pedestrian connection through the interchange and on west to Walmart. Based on the current ARDOT bicycle accommodation policy from 2005, the department will fund the construction of 5-foot-wide sidewalks and will construct bike lanes in the highway that have proven unsafe and underutilized. The policy considers a separated shared use path to be for recreation and is not eligible for funding as part of the project. Therefore, the City will be responsible for the cost to incorporate safe infrastructure for bicycles and pedestrians through this busy interchange. DISCUSSION: The Arkansas Department of Transportation is currently accepting applications for funding through the Transportation Alternatives Program. The proposed active transportation improvements proposed are eligible for funding through this grant program. In addition, since this is a projecting being designed and constructed through the Arkansas Department of Transportation the funding can be applied directly to the project with minimal staff time necessary to manage the grant. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The total estimated cost for the active transportation related elements is $1,700,000. The maximum award amount for the Transportation Alternatives Program grant is $500,000 and additional funding has been programed through phase II Trail bond funds. If the grant is approved and fully funded, the City will be responsible for 20% of the total project cost, or $125,000. The Active Transportation Advisory Committee reviewed the project proposal during their March 9th meeting and voted unanimously to forward the request to apply. City of Fayetteville Staff Review Form 2022-0349 Legistar File ID 5/3/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Casey 4/13/2022 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract with NEC, Inc. in the amount of $1,752,736.50 for the construction of the W. Center Street and N. Harmon Avenue Intersection Project, approval of a project contingency of $175,000 (10%) and approval of a budget adjustment. 4602.860.7219-5809.00 Account Number 46020.7219 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Budget Impact: 4602 - Streets Project (2019 Bonds) Fund Center St./Harmon Ave. Intersection Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,176,069.00 $ 66,342.96 a 1,109,726.04 $ 1,927,736.50 $ 828,752.00 10,741.54 V20210527 Previous Ordinance or Resolution # Approval Date: Comments: Item Cost includes contract amount of $1,752,736.50 plus contingency of $175,000. CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF MAY 3, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director CITY COUNCIL MEMO FROM: Matt Casey, Engineering Design Manager DATE: April 13, 2022 SUBJECT: Approval of a contract in the amount of $1,752,736.50 with NEC, Inc. for the construction of the W. Center Street and N. Harmon Avenue Intersection Project, approval of a project contingency of $175,000 (10%) and approval of a budget adjustment. RECOMMENDATION: Approval of a contract in the amount of $1,752,736.50 with NEC, Inc. for the construction of the W. Center Street and N. Harmon Avenue Intersection Project, approval of a project contingency of $175,000 (10%) and approval of a budget adjustment. BACKGROUND: The Center and Harmon intersection is a priority project in the 2019 Bond Program. Located between the University of Arkansas and Fayetteville High School, this intersection has a high volume of both vehicular and pedestrian traffic. With the awkward vertical grades and horizontal alignment of the intersection, it makes for a difficult intersection to navigate. This project will include some minor alignment changes, a traffic signal and turn lanes to the west and north legs of the intersection. Pedestrian accommodations will be included with the signal installation as well. The City Council approved a design contract with McClelland Engineers, Inc. for this project on November 5, 2019. DISCUSSION: On April 12, 2022, the City received one (1) construction bids for this project. NEC, Inc. submitted the low bid of $1,752,736.50. Engineering staff recommends awarding this contract to NEC, Inc. The contract time is 150 days (5 months) for substantial completion. BUDGET/STAFF IMPACT: This project is funded by the 2019 Transportation Bond Program. There was $1,300,000.00 allocated in the Transportation Bond Fund for the W. Center Street and N. Harmon Avenue Intersection Project. The land acquisition of this project was $54,700.00 The design and construction management contract is for $179,765.00. With this construction contract, it brings the current project total to $1,987,201.50. Attachments: Section 0500 Agreement Vicinity Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: HARMON AVENUE & CENTER STREET INTERSECTION IMPROVEMENTS Contract No.: THIS AGREEMENT is dated as of the day of in the year 2022 by and between The City of Fayetteville, Arkansas and NEC, Inc. (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall compete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The contract includes construction of roadway widening of Clinton Dr. and Harmon Ave. as they approach the intersection of Hamon Ave. and Center St./ Clinton Dr., in order to accommodate proposed turn lanes, and approximately 150 LF of reconstructed Oak Ridge Trail realigned to fit the needs of the expanded roadway, 23,300 SF of 2" asphalt mill & overlay, a reinforce concrete retaining wall and four block retaining walls of variable heights, associated earthworks curb & gutter, sidewalk, driveway tie-ins and striping, installation of electrical conduit to assist with the relocation of overhead electric to underground electric and intersection signalization. Construction of stormwater drainage improvements that are not in the direct vicinity of the intersection are also included. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by the City of Fayetteville, Engineering Division, 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. 19-2170 Harmon Ave. & Center St. 00500 - 1 Agreement DOCUMENT 00500 — AGREEMENT; CONTINUED 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 210 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 245 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, the City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the remainder of 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 19-2170 Harmon Ave. & Center St. 00500 - 2 Agreement DOCUMENT 00500 — AGREEMENT; CONTINUED shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) 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. 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. 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. 19-2170 Harmon Ave. & Center St. 00500 - 3 Agreement DOCUMENT 00500 — AGREEMENT; CONTINUED 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). 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 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. 19-2170 Harmon Ave. & Center St. 00500 - 4 Agreement DOCUMENT 00500 — AGREEMENT; CONTINUED B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of 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 19-2170 Harmon Ave. & Center St. 00500 - 5 Agreement DOCUMENT 00500 — AGREEMENT; CONTINUED Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the 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. 19-2170 Harmon Ave. & Center St. 00500 - 6 Agreement DOCUMENT 00500 — AGREEMENT; CONTINUED b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. d. Federal funding documentation 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: HARMON AVENUE & CENTER STREET INTERSECTION IMPROVEMENTS 8. Addenda numbers one (1) to one (1), 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 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 19-2170 Harmon Ave. & Center St. 00500 - 7 Agreement DOCUMENT 00500 — AGREEMENT; CONTINUED 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 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 19-2170 Harmon Ave. & Center St. 00500 - 8 Agreement DOCUMENT 00500 — AGREEMENT; CONTINUED Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. 19-2170 Harmon Ave. & Center St. 00500 - 9 Agreement DOCUMENT 00500 — AGREEMENT; CONTINUED This Agreement will be effective on , 2022, which is the Effective Date of the Agreement. NEC, Inc. CITY OF FAYETTEVILLE By: 16& Title: V P (SEAL) 4Attest , Address for giving notices s 7�1 License No. 014878422 Agent for Service of process N ic-NAr,1L 46r- r ssA R `( (If Contractor is a corporation, attach evidence of authority to sign.) Title: (SEAL) Attest Address for giving notices (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: By: Attorney For: END OF DOCUMENT 00500 19-2170 Harmon Ave. & Center St. 00500- 10 Agreement y 71 W FAIRVIEW ST ` r ^ ^'� 4 ' d-- Nv C%'XN,AOIA ii 1 w Qit s 6 2 �� ,,,jjlj �•' • J r V — W CENTER ST ------------ tun tN1lg L ram, tint � u!I > z ! lime 20O z RMON AVE. AND CENTER ST. • 1 INTERSECTION 19 CONCEPT PLAT CITY OF _ FAYETTEVILLE ARKANSAS BID TABULATION BID 22.30, CONSTRUCTION - CENTER AND HARMON INTERSECTION REBID DEADLINE: TUESDAY, APRIL 12, 2022 BEFORE 2:00 PM, LOCAL TIME 25% Additional Allowance Allowed Per State Law $ 625,000.00 Maximum Award Amount $ 3,125,000.00 SUMMARY OF ALL BID SCHEDULES NEC, INC. TOTAL BASE BID $ 1,752,736.50 NEC. Inc (N.E.C., Inc.) Line Description UOM CITY Unit Extended Lump Sum Bid (DO NOT INCLUDE PRICING FOR ACT 291, 1993 1 TRENCH and EXCAVATION SAFETY SYSTEMS IN THIS LINE ITEM) LS 1 $1,752,735.50 $1,752,735.50 2 Act 291, 1993 Trench and Excavation Safety Systems LS 1 $1.00 $1.00 Total $1,752,736.50 Jonathan Smith Digitally signed by Jonathan Smith Date: 2022.04.12 16:19:57-05'00' Jonathan Smith, Purchasing Agent Date Andrea Foren Digitally signed by Andrea Foren Date: 2022.04.12 18:39:07-05'00' Andrea Foren, Purchasing Manager Date 2425 S. 5th Place Rogers. AR 7278 To: City Of Fayetteville Contact: Address: 113 W. Mountain Street Phone: Fayetteville, AR 72701 Fax: Project Name: Center And Harmon Intersection Rebid Bid Number: Project Location: Bid Date: 4/12/2022 We appreciate the chance to bid this work with you. Please call with any questions for clarification. Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Roadway Construction Control 1.00 LS $9,907.50 $9,907.50 2 Act 291, 1993 Trench And Excavation Safety Systems 1.00 LS $1.00 $1.00 3 Erosion Control 1.00 LS $24,422.00 $24,422.00 4 Traffic Control And Maintenance 1.00 LS $7,603.00 $7,603.00 5 Clearing, Grubbing And Demolition 1.00 LS $85,450.00 $85,450.00 6 Mobilization (Not To Exceed 5% Of Bid) 1.00 LS $53,200.00 $53,200.00 7 Unclassified Excavation (Plan Quantity) 1,700.00 CY $37.50 $63,750.00 8 Select Fill (Plan Quantity) 450.00 CY $62.50 $28,125.00 9 Embankment (Plan Quantity) 100.00 CY $142.50 $14,250.00 10 Rock Excavation (Allowance) 90.00 CY $667.00 $60,030.00 11 Under Cut & Stone Backfill (Allowance) 100.00 TON $75.50 $7,550.00 12 4" Topsoil Placement & Select Grading 825.00 SY $26.50 $21,862.50 13 6" Depth Class 7 Aggregate Base 800.00 SY $30.50 $24,400.00 14 4" Depth Class 7 Aggregate Base 710.00 SY $11.00 $7,810.00 15 2" ACHM Surface Course 285.00 TON $258.00 $73,530.00 16 3" ACHM Binder Course 70.00 TON $444.50 $31,115.00 17 6" Concrete Pavement 30.00 SY $210.00 $6,300.00 18 2" Asphal Milling 2,331.00 SY $10.00 $23,310.00 19 4' Junction Box 4.00 EACH $6,052.00 $24,208.00 20 4' Drop Inlet 3.00 EACH $4,973.00 $14,919.00 21 4' X 8' Rectangular Drop Inlet 1.00 EACH $7,511.00 $7,511.00 22 4' Grated Inlet 1.00 EACH $8,791.00 $8,791.00 23 4' Reverse Throat Inlet 2.00 EACH $5,640.00 $11,280.00 24 4' Combination Inlet W/ 8' Extensions 2.00 EACH $2,728.00 $5,456.00 25 4' Inlet Extension 1.00 EACH $3,548.00 $3,548.00 26 8' Inlet Extension 4.00 EACH $2,432.00 $9,728.00 27 18" RCP- Under Pavement 481.00 LF $72.50 $34,872.50 28 18" RCP 193.00 LF $40.50 $7,816.50 29 T-Patch Over Offsite Drainage 47.00 SY $224.00 $10,528.00 30 Concrete Swale 41.00 SY $179.50 $7,359.50 31 Concrete Curb And Gutter 952.00 LF $12.00 $11,424.00 32 Modified Curb And Gutter 173.00 LF $40.00 $6,920.00 33 12" Concrete Ribbon Curb 295.00 LF $37.00 $10,915.00 34 6" Curb At Drainage Swales 50.00 SY $443.00 $22,150.00 35 Concrete Driveway Approach With Asphalt Pavers 45.00 SY $400.50 $18,022.50 (Complete) 36 Concrete Driveway Aprons 30.00 SY $136.50 $4,095.00 37 Concrete Driveway (Complete, Including Class 7 Base) 320.00 SY $77.50 $24,800.00 38 Aggregate Base Course Driveway 21.00 SY $195.50 $4,105.50 39 (4" Depth) Concrete Sidewalk 485.00 SY $57.50 $27,887.50 40 Concrete Trail 150.00 SY $200.00 $30,000.00 4/13/2022 1:21:17 PM Page 1 of 3 Item # Item Description Estimated Quantity Unit Unit Price Total Price 41 Courtstone Pavers, Complete 695.00 SF $38.00 $26,410.00 42 4" Yellow Trail Striping (Solid, Painted) 130.00 LF $2.50 $325.00 43 4" Yellow Trail Striping (Skip, Painted) 5.00 LF $2.50 $12.50 44 6" Yellow Double Solid Striping (Thermoplastic) 550.00 LF $4.00 $2,200.00 45 6" White Solid Striping (Thermoplastic) 250.00 LF $2.00 $500.00 46 6" Yellow Solid Striping (Thermoplastic) 160.00 LF $2.00 $320.00 47 6" White Dashed Striping (2' Line, 2' Space) 145.00 LF $2.00 $290.00 48 8" Wide Double Yellow Traffic Lane Stripes, 48" O.C. 85.00 LF $7.50 $637.50 @45 Degrees 49 12" Wide Stop Bar, White (Thermoplastic) 98.00 LF $19.00 $1,862.00 50 12" Wide White Solid Thermoplastic Crosswalk Striping 557.00 LF $19.00 $10,583.00 51 "ONLY" Pavement Text, (Thermoplastic) 3.00 EACH $633.50 $1,900.50 52 Pavement Symbols, (Thermoplastic) 13.00 EACH $570.50 $7,416.50 53 Cast -In -Place Tactile Panels 67.00 SF $23.00 $1,541.00 54 Cast -In -Place Tactile Panels (U Of A Standard) 150.00 SF $41.50 $6,225.00 55 Cast -In -Place Concrete Retaining Wall (Wall 1) 15.00 LF $681.50 $10,222.50 56 U Of A Standard Block Retaining Wall (Walls 2-5) 2,963.00 SF $40.50 $120,001.50 57 U Of A Standard Contemporary Handrail (steel Handrail) 182.00 LF $247.00 $44,954.00 58 Flowable Select Material 110.00 CY $234.00 $25,740.00 59 Remove And Reinstall Trail Light Fixture (Including New 1.00 EACH $16,958.00 $16,958.00 Base) 60 Bollards, Complete 2.00 EACH $1,431.00 $2,862.00 62 Relocation Of Various U Of A And Parking Signs 6.00 EACH $443.50 $2,661.00 (Included New Bases) 63 Steel Handrail 15.00 LF $360.50 $5,407.50 64 Remove And Replace Mailboxes 2.00 EACH $443.50 $887.00 65 Sodding (Excludes Topsoil) 825.00 SY $10.50 $8,662.50 66 Project Signs 2.00 EACH $1,014.00 $2,028.00 67 System Local Controller TS2-Type 2 (8 Phases) 1.00 EACH $41,185.00 $41,185.00 68 Local Radio With Antenna 1.00 EACH $5,069.00 $5,069.00 69 Antenna Cable (Type 6) 200.00 LF $6.50 $1,300.00 70 Traffic Signal Head, LED, (3 Section, 1 Way) 9.00 EACH $1,901.00 $17,109.00 71 Traffic Signal Head, LED, (4 Section, 1 Way) 2.00 EACH $2,218.00 $4,436.00 72 Countdown Pedestrian Signal Head, LED 8.00 EACH $3,168.00 $25,344.00 73 Electrical Conductors -In -Conduit (1C/8 A.W.G) 275.00 LF $3.00 $825.00 74 Electrical Conductors -In -Conduit (1C/12 A.W.G.) 175.00 LF $1.50 $262.50 75 Electrical Conductors -In -Conduit (2C/ A.W.G.,E.G.C.) 525.00 LF $4.00 $2,100.00 76 Electrical Conductors For Luminaires 1,000.00 LF $4.00 $4,000.00 77 Traffic Signal Cable (5C/14 A.W.G) 600.00 LF $3.00 $1,800.00 78 Traffic Signal Cable (7C/14 A.W.G) 250.00 LF $4.00 $1,000.00 79 Traffic Signal Cable (20C/14 A.W.G.) 425.00 LF $5.50 $2,337.50 80 Non -Metallic Conduit (3") 400.00 LF $57.00 $22,800.00 81 Non -Metallic Conduit (1.25) 100.00 LF $31.50 $3,150.00 82 Concrete Pull Box (Type 2 HD) 8.00 EACH $2,534.00 $20,272.00 83 Traffic Signal With Two Mast Arms With Luminaire And 2.00 EACH $63,361.00 $126,722.00 Pole With Foundation (35 Ft.) 84 Luminaire Assembly 3.00 EACH $1,901.00 $5,703.00 85 Service Point Assembly (2 Circuits) 1.00 EACH $4,435.00 $4,435.00 86 Pole With Foundation, Pedestrian Heads, & Push 1.00 EACH $30,413.00 $30,413.00 Buttons(35') (Pole C) 87 Pedestrian Pole With Foundation, Pedestrian Heads, & 4.00 EACH $19,008.00 $76,032.00 Push Buttons (10') 88 Video Detector (CLR) 8.00 EACH $4,815.00 $38,520.00 89 Video Cable (Exterior Cat 5E) 1,500.00 LF $3.00 $4,500.00 90 Video Monitor (CLR) 1.00 EACH $3,485.00 $3,485.00 91 Video Processor, Edge Card (2 Camera) 1.00 EACH $8,237.00 $8,237.00 92 Vehicle Detector Rack (16 Channel) 1.00 EACH $5,702.00 $5,702.00 93 18" Street Name Sign 4.00 EACH $1,901.00 $7,604.00 94 2" Gray Schedule 40 Electrical Conduit, In Trench 902.00 LF $35.00 $31,570.00 95 3" Gray Schedule 40 Electrical Conduit. In Trench 312.00 LF $57.00 $17,784.00 96 6" Gray Schedule 40 Electrical Conduit, In Trench 460.00 LF $142.00 $65,320.00 4/13/2022 1:21:17 PM Page 2 of 3 Item # Item Description Estimated Quantity Unit Unit Price Total Price 97 2" GRC Conduit, In Trench 15.00 LF $38.00 $570.00 98 Pull Boxes (Installed) 1.00 EACH $4,435.00 $4,435.00 99 3 #6 AWG Conductors (Installed) 15.00 LF $5.50 $82.50 100 3 #12 AWG Conductors (Installed) 16.00 LF $4.00 $64.00 101 Electric Utility Service Installed, As Necessary (Including 1.00 EACH $19,008.00 $19,008.00 All Utility Costs Associated With Operation, Secondary Service Conduit And Conductor, And Commercial Power Pedestal Installed) ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory and N.E.C., Inc. are hereby accepted. Buyer: Signature: Date of Acceptance: 4/13/2022 1:21:17 PM Authorized Signature: Estimator: Total Bid Price: $1,752,736.50 Page 3 of 3 MERCHANTFS y BONDING COMPANY-,, hi RCJJANITNATION'A] f'.l_). 1�t-)a 14478• DEL MOI.'-,J1 �,,, It)w,% So3oo-311m l'sJR-)PlL: t8t7(h 111N>-8171 F r5171 24'A 58,54 BID BOND PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS That N.E.C"..I.A.c, --- (hereinafter called the Principal) as Principal. and the (hereinafter callers Surety), as Surety, are held and firmly bound to of f'avetteville (hereinafter called the Obligee) in the full and just sum of ( 5'%, GAIli Bond No. N/A %loyIianls NaLi njal lionding- Inc. rive Percent of the Greatest Anrounl laid Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and .Surety bind themselves, thelr .heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 12th day of .April 2022 THE CONDITION OF THIS OBLIGATION IS SUCH. that, if the Obligee shall make any award to the Principal for Center and Ilai-mon Intersection Rebid: Road Improvements, Storm Drainage according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the M rchants Natimial Bonding. Into. , as Surety; or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed i Erm 14 Principal By Merdh,inis Niniomil Bondin+,. lnc. 5{r� nc F;li�ahelb !�ietl� •i�'cs.r r Attorney m-Fact �J CON 0333 (2/15) M ERCHANTS R 0 NYI-3 I N C► .; 0 M 1' A N Y POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUI UAL) and MERCHANTS NATIONAL BONDING, INC.. both being corporations of the State of Iowa (herein collectively called the'Conipanfes) do hereby make, constilule and appoint, individually. Andrea Rose Crawford -,.Cheri Lynn Irby: Colin E Conly, Debra l,ee Moon; John William Newby; Joshua D Trill, Sandra Lee Roney. {Suzanne Elizabeth Ntedzwiedz: Troy Russell Key their true and lawful Attomey(s)•in-Fact, to sign its narne as surOy(ies) and to execute, seal and acknowledge any and all bonds. undertakings, contracts and other written instruments in the nature lhereof- on behalf of the Companies in their business of guaranteeing the fidelily of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law - This Power -of -Attorney is granted arrrf is signed and sealed by facsimile under and by authority of the following lay -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14. 2015 and adopted by the Board of Directors of MerchanlsNationat Bonding, Inc., on October 16- 2015. 'The President. Secuelary. Treasurer, or any Assistant 7reasirfer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact. and to authorize theme to execute on behalf of the Company. and attach the seal Df the Company thereto, bonds and undertakings, recognizances- contracts of indernnity and other writings obligatory in the nature thereof." 'The signature Of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other surelyship otAgalions of tfre Company, and such signature and seal when so used shall have the same force and effect as though manually fixed " In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and Wit hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construcluhn contracts required by the State of Florida Department of Transportation It is fully understood that consenti ncJ to the State of Florida Department of Transportation making payment of the final estimate to the Contractor andlor its assignee, shall not relieve this surety company of any of its obligations under its bond - In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Facl cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modi6calion or revocation - In Witness Whereof. the Companies have caused this inslniment to be signed and sealed this 20th day of January 2022 06 co IMERC HA :� G r�tPgR '- : Qa M1rERCHANTs NATIONAL OBONDING CONDIItG•ANY ` INC, ilALl 0% 2003 - o : : y � 1933 :' c; By..A % 14 � . : �•• STATE OF IOWA o i ' •• COUNTY OF DAI t AS sS ••"r•••.N•'• •■' • r. On this 20th day of January 21122 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAI.) and MFRCHANTS NA71ONAL BONDING. INC.: and ]hat the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said "instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors, �PRIR(� PALLY MASON z . • , Commission Number 750576 My Commission Expires�� • �. • January 07, 2023 ldolmy Public (Expiration of notary's commission does not invalidate this instrument) 1, \Ahlliam Warner. ,1r Secretary of MERCHANTS BONDING COMPANY (MU tUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of April 2022 �........... ........ :.p�pljRq.0 ; •�4, COD 4T�PUygllApy ' ta3 47: • ¢ 1933 2A' C • aCr'rGItrig •._�. Yi ROA 0018 (1120) MER,HA,NT BONDING COMPANY, h1El4(_1IAN I a NA WNAI 13O NI)IN(l, ItJk-. • P.0, lad_ X I IT)8 • false A10IN IS: %,VA .5031oo-:3-198, P]IONUd �800)67(8-8I'i1 • 1AX:is1,S),)13-185•1 ADDENDUM TO BOND This Addendum is in reference to the bond(s) to which it is attached. Merchants National Bonding. Inc. (`-Merchants") deems the digital or electronic image of Merchants' corpor-ale seal below affixed to the bond(s) to the sane: extern as it"a raised corporate seal was physically stamped or impressed ul)on the bond(s). The digital or electronic seal below shall have the same force and effect as though manually fixed to the bond(s). All terms of the bond(s) remain the same. Signed and effective March 23. 2020, MERCHANTS NATIONAL BONDING, INC. h: G� y + -o- 4r 2003 yc�; 13% Larry Taylor. P esidem Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms DOCUMENT 0400 -BID FORM Contract Name: HARMON AVENUE & CENTER STREET INTERSECTION IMPROVEMENTS Bid Number: 22-30 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: NEC, Inc. Colin Necessary ARTICLE l -BIDDER'S Iti'1'i✓N 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICL l? 2 _ TFRNIS AND S-QJS1) [-10 S 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 19-2170 Hannon Ave. & Center St. 00400 — 1 Bid Form Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms DOCUMENT 00400 —1311) FORM (continued) ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date 4-1-2022 B. Bidder 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. Bidder 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. Bidder 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. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site 19-2170 Harmon Ave. & Center St. 00400 — 2 Bid Form Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms DOCUMENT 00400 -BID FORM (continued) or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination ofthis Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, 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. 1. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. i 9-2170 Harmon Ave. & Center St. 00400 — 3 Bid Form Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms DOCUMENT 00400 —BID FORM (continued) L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 4 - BID PRICE Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Refer to the City's electronic bidding portal to submit bid pricing 19-2170 Harmon Ave. & Center St. 00400 — 4 Bid Form Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms fl JME?NT 0 E4 —ItIQ E� RM (continued) ARTICLE 5 - CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed andready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6 - BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a bank located in the State of Arkansas or a Bid Bond and in the amount of Dollars ($ }. B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7 - COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Colin Necessary Email. cbnecessaryQa nec-contractors.com Phone No (479) 721-3691 FAX No. (479) 621-6328 ARTICLE 8 - TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. 19-2170 Harmon Ave. & Center St. 00400 — 5 Bid Form Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms DOCUMENT 0040U —1311) F It 1 (continued) ARTICLE 9 -- PROHIBITION ON CONTRACTING WITH ENTITIES THAT BOYCOTT ISRAEL 9.01 Pursuant Arkansas Code Annotated §25-1-503 and by execution of this document, the Contractor agrees and certifies it is not currently engaged in, and agrees for the duration of the contract to not engage in a boycott of Israel or engage in boycotts of Israel as defined in §25-1-503. SUBMITTED on Arkansas State Contractor License No. 014878422 If Bidder is: An Individual Name (type or printed): By: (Individual's Signature) Doing business as: Business address: ril 12 , 20 22. Phone No.: FAX No.: A Partnership Partnership Name: By: L) (SEAL) (Signature of general partner attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: AX No.; 19-2170 Harmon Ave. & Center St. 00400 — 6 Bid Form Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms T FORM, (continued) A Corporation Corporation Name: NEC, Inc. State of Incorporation: Arkansas Type (General Business, Professional, Service, Limited Liability): General Business By: ` (Signature -- attach evidence of authority LLI- ,n) Name (type or printed): Mlke Necessary �� Title: VP EAL) (CORPORATE SEAL) Aticst: J( Y,. (Signature of Corporate Secretary) Business address: 2425 S. 5th PI. Rogers, AR 72758 Phone No.: (479) 621-6324 AX No.: (479) 621-6328 END OF DOCUMENT 00400 19-2170 Harmon Ave. & Center St. 00400 — 7 Bid Form Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: HARMON AVENUE & CENTER STREET INTERSECTION IMPROVEMENTS Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value Clearing/Demolition SWPPP/Erosion Control Roadway/Drainage Retaining wall Second Nature Landscaping 6% 211 E Highway 264 Springdale, AR 72764 Asphalt Pavers Asphalt Paving: Hutchen's Construction 7% 107 Main St. Cassville, MO 65625 Other (designate) Traffic Signals: All Service Electric, Inc. 35% 182 Whited Farm Ln Hot Springs, AR 71913 Striping&Signage: Time Striping, Inc. 2% P.O. Box 1236 Van Buren, AR 72957 NOTE: This form must be submitted in accordance with the Instructions to Bidders. { VBidder's Signaturc END OF DOCUMENT 00430 19-2170 Harmon Ave. & Center St. 00430 — 1 List of Subcontractors Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT Contract Name: HARMON AVENUE & CENTER STREET INTERSECTION IMPROVEMENTS Date: April 12, 2022 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company NEC, Inc. Name Colin Necessary Address 2425 S 5th PI, Rogers, AR 72758 Principal Office Rogers, AR Corporation, partnership, individual, joint venture, other Corporation Arkansas State General Contractor's License Number 014878422 EXPERIENCE STATEMENT 1. Bidder has been engaged as a General Contractor in construction for 18 years and has performed work of the nature and magnitude of this Contract for 18 years. Bidder has been in business under its present name for 18 years. 2. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) 19-2170 Harmon Ave. & Center St. 00140 — 1 Bidder Qualifications Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT 3. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. 5. Bidder normally performs the following work with his own forces: Earthwork, Concrete, Utilities 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): See attached. 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: Merchants National Bonding, Inc. MNH Insurance, 3608 N. Steele Blvd Suite 101, Fayetteville, AR 72701 8. Bidder's Workmen's Compensation Experience Modifier Factor is: .71 19-2170 Harmon Ave. & Center St. 00140 — 2 Bidder Qualifications Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT FINANCIAL STATEMENT Bidder possesses adequate financial resources as indicated by the following: 1. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses)- b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof. If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. 193 19-2170 Harmon Ave. & Center St. 00140 — 3 Bidder Qualifications Bid 22-30, FILE 05 - ADDENDUM 1 Required Signature Forms DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: April 12 , 2022 (OFFICIAL SEAL) Name of Organization: NEC, Inc. By Mike Necessary Title VP (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 19-2170 Harmon Ave. & Center St. 00140 — 4 Bidder Qualifications MIKE NECESSARY KEVIN NECESSARY CELL: 479-721-2473 CELL: 479-721.2474 EMAIL: MJNECESSARY@NEC- EMAIL: KJNECESSARY@NEC-CONTRACTORS.COM CONTRACTORS.COM STATEMENT OF BIDDER'S QUALIFICATIONS The name of our company is N.E.C., Inc. Our address is 2425 S. 5t" Place, Rogers, AR 72758. We were organized and incorporated on April 15, 2004, in the state of Arkansas. Mike Necessary and Kevin Necessary collectively have over 70 years of infrastructure construction experience with over forty of those years in business for themselves. Included below are lists of contracts on hand, the larger projects recently completed, our equipment available, and our experiences of jobs of this size. Our company specializes in constructing infrastructure improvements to include earthwork, utilities, and concrete work. We have never failed to complete a contract agreement as per contract requirements. We have never defaulted on a contract. We have never been fined or had our license suspended by the Arkansas Contractor's Licensing Board. The contracts in hand now are a $1.2 million contract for site work and grading CDI Contractors for the Walmart AMP Renovations in Rogers, a $1.1 million contract with Milestone Construction for Shaw Park in Springdale, a $12.9 million contract for Shadow Valley in Rogers, a $1.9 million contract for site work for the University of Arkansas for the Student Success Center, and numerous smaller contracts for general contractors. The contracts completed in the last 24 months are a $1.7 million contract for site work and grading for Springdale Schools, a $1 million contract for Shadow Valley subdivision phase 8, a $.6 million contract for Branchwood Trail for Bella Vista POA, a $2 million contract for site work at Fellowhip Bible, Fayetteville, and numerous smaller contracts for local municipalities. Some of the completed, larger projects include: A $3.8 million contract the with the City of Pea Ridge, Arkansas for the Highway 72 water extension and downtown sewer rehabilitation with a completion date of June 2009. A $900,000 contract, constructing a bridge -length box culvert, with the Arkansas Highway and Transportation Department was completed in May of 2011. Beaulah East Mine Reclamation for ADEQ which totalled $643,522. A $4,000,000 contract with Bentonville schools which included new water, sewer, storm drain, streets and sidewalks, was completed in May of 2012. An AHTD project on Hwy 540 for a Cable Barrier finished in 2012 was $1.2 million. NEC had a $1.5 million contract with CDI Contractors to perform services of sanitary sewer, storm drains and all grading on the new Regional Armed Forces Reserve Center. Kinco awarded us a Phone: 479. 621.6324 2425 S. 5t' Place Rogers,AR 72758 Fax: 479.621.6328 Page 2 contract for $755,000 to build new water and sewer line and all grading work for the new NW Arkansas Childrens Center which was completed in 2012. Another project was subcontracted under Nabholz Construction for $838,000 was to do all grading, sewer and storm drain for the Lincoln High School in Lincoln Arkansas that was completed in 2012. We have also sub -contracted our work over the last two years from general contractors such as Crossland, Kinco Constructors, Flintco LLC, VCC Constuction and CDI Contractors performing sitework at various projects over Northwest Arkansas. We own and have available for use 8 excavators of different sizes, 3 Caterpillar road graders, 4 Caterpillar 35 ton articulated offroad trucks, 3 Caterpillar front-end loaders, 3 backhoes, 4 Caterpillar bulldozers, 4 Ingersol vibratory compactors, 1 Gomaco 3600 curber, 8 dump trucks, and various smaller pieces required to construct improvements to infrastructure. We have worked closely with all the civil engineers in Northwest Arkansas over the past 40 years including the Arkansas Highway and Transportation Department. Jeremy Woody of Legacy Bank our primary banking source with $1,500,000 of AR secured credit available and $2,500,000 of secured credit with equipment. We will if asked provide a detailed financial statement to be reviewed by the Owner with a principal of our firm. NEC has a good relationship with all municipalities in NW Arkansas. Any of the following may be contacted as a source for referral. Rogers Water Utilities; Earl Roush, Springdale Water; Rick Pulverenti, Fayetteville Utilities; Don Osburn, and Bentonville Water and Sewer; Preston Newbill. NEC has a great reputation with our suppliers also. Our major suppliers for most jobs are as listed. Rogers Group Inc for aggregates, SMG Ready Mix for our concrete needs, and Ferguson Waterworks, and Scurlock Industies, for our utility and pipe sources. Mike Necessary personally has been in the construction business for over 40 years beginning at age 15 during summers and permanently upon graduation from the University of Arkansas. He carries the title of Vice President. His experience has been in earthwork, concrete, equipment operation, estimating, bidding, project management and business management. 25 years were spent with Necessary Construction, Inc., 5 years with APAC, McClinton -Anchor, and the most recent previous 15 years with NEC Inc,. Kevin Necessary personally has been in the construction business for over 30 years. Upon graduation from Arkansas Tech University in 1987, Kevin joined Necessary Construction, Inc. and remained with them until their sale in 1999 to APAC, McClinton -Anchor, where he remained until he and Mike organized NEC, Inc. in 2004. Kevin carries the title of President and has particular focus on utility work, estimating, bidding, project management, and business management. Our construction team consists of people who are interested in constructing a quality product in a safe manner. The core team of office personnel and management have been with N.E.C., Inc. since the beginning and most were with APAC, McClinton -Anchor with Mike and Kevin. Page 3 Contractors License No. 0148780422 N.E.C. Inc. gy-�f M��++ ACz L- r- �ESsR2f Z--Z7�1 Date CITY OF W;% FAYETTEVILLE ARKANSA Bid 22-30 Addendum 1 NEC, Inc N.E.C., Inc. Supplier Response Event Information Number: Bid 22-30 Addendum 1 Title: Bid 22-30, Construction - Center and Harmon Intersection Rebid Type: Invitation to Bid Issue Date: 3/13/2022 Deadline: 4/12/2022 02:00 PM (CT) Notes: The city of Fayetteville, Arkansas is accepting sealed bids from properly licensed firms for the improvement of Harmon Avenue and Center Street Intersection. Questions should be addressed to Jonathan Smith, Purchasing Agent, at jonsmith@fayetteville-ar.gov. Contact Information Contact: Jonathan Smith Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Phone: (479) 575-8220 Email: jonsmith@fayetteville-ar.gov Page 1 of 3 pages Vendor: NEC, Inc Bid 22-30 Addendum 1 NEC, Inc Information Contact: Colin Necessary Address: 2425 S 5th PI Rogers, AR 72758 Phone: (479) 621-6324 Fax: (479) 621-6328 Email: cbnecessary@nec-contractors.com By submitting your response, you certify that you are authorized to represent and bind your company. Colin Necessary Signature RM#TY7iftTF.WNP7000P FEWiAil:1I ,Ti% Requested Attachments Bid 22-30, Required Signature Forms necessary.colin@gmail.com Email Bid Form (Signed).pdf Please sign and attach the required bid signature forms. You can find these forms under attachments in the Project Manual. Bid 22-30, Bid Bond Bid Bond (Signed).pdf Please attach a signed copy of your bid bond. Response Attachments Bidder Qualifications (Signed).pdf Bidders Qualification Statement Bid Attributes 1 Attribute deleted as part of an Addendum 2 Attribute deleted as part of an Addendum 3 Attribute deleted as part of an Addendum 4 Attribute deleted as part of an Addendum Bid Lines Lump Sum Bid (DO NOT INCLUDE PRICING FOR ACT 291, 1993 TRENCH and EXCAVATION SAFETY SYSTEMS IN THIS LINE ITEM) Quantity: _ UOM: LS Price: 1 $1,752,735.50 Total: 1 $1,752,735.50 Item Notes: Bidders shall be required to submit a completed "Schedule of Values" within 24 hours of request by the City of Fayetteville Purchasing Division. All "Schedule of Values" submitted to the City shall have a sum equal to the TOTAL BASE BID sum total submitted prior to bid deadline. Under no circumstances will a bidder be allowed to revise his/her bid from the TOTAL BASE BID. Page 2 of 3 pages Vendor: NEC, Inc Bid 22-30 Addendum 1 2 Act 291, 1993 Trench and Excavation Safety Systems Quantity: 1 UOM: LS Price: $1.00 1 Total: $1.00 3 Package deleted as part of an Addendum 4 Package deleted as part of an Addendum 5 Package deleted as part of an Addendum 6 Package deleted as part of an Addendum 7 Package deleted as part of an Addendum 8 Package deleted as part of an Addendum 9 Package deleted as part of an Addendum Response Total: $1,752,736.50 Page 3 of 3 pages Vendor: NEC, Inc Bid 22-30 Addendum 1 Matt Casey Submitted By City of Fayetteville Staff Review Form 2022-0375 Legistar File ID 5/17/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/20/2022 Submitted Date Action Recommendation: ENGINEERING (621) Division / Department Approval of a contract amendment in the amount of $23,130.00 with McClelland Consulting Engineers, Inc. for the Zion Road — Vantage to Crossover Project and approval of a budget adjustment. Budget Impact: 4602.860.7212-5860.02 4602 - Street Bond Projects 5400 - 5400.860.5700-5815.00 Water and Sewer Capital Fund Account Number Fund 46020.7212 Street Bond Projects - Zion Rd. Improvements 11011.2019.7212 Water/Sewer Relocates - 2019 Bonds - Zion Rd Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 4,341,842.00 $ 4,001,249.87 $ 340,592.13 $ 23,130.00 $ 23,130.00 340,592.13 Purchase Order Number: 2019-00000609 Previous Ordinance or Resolution # 168-19 Change Order Number: Original Contract Number: Comments: Approval Date: V20210527 —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 17, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: April 20, 2022 CITY COUNCIL MEMO SUBJECT: Approval of a contract amendment in the amount of $23,130.00 with McClelland Consulting Engineers, Inc. for the Zion Road — Vantage to Crossover Project and approval of a budget adjustment. RECOMMENDATION: Staff recommends City Council approval of a contract amendment in the amount of $23,130.00 with McClelland Consulting Engineers, Inc. (MCE) for the Zion Road — Vantage to Crossover Project and approval of a budget adjustment. BACKGROUND: Zion Road from College Avenue to Highway 265 was included in the previous Transportation Improvement Bond Program. The first phase of construction between College Avenue and Vantage Drive was completed in 2008. In 2013, the second phase, between Vantage Drive and Highway 265, was approved for funding through the bond program. On May 6, 2014, the Fayetteville City Council approved a contract with MCE for the design of the second phase of Zion Road. The design was completed in early 2015, but there were not sufficient bond funds remaining at the time to fully fund the construction of the project. On July 16, 2019, the Council approved a contract with MCE to update the plans to include a revised cross section consisting of a three -lane section with a 10' wide multi -use trail on the north side and a 6' wide sidewalk on the south side. This project is currently under construction and is scheduled to be completed in July of 2022. DISCUSSION: The approved contract with MCE does not include the survey of the finished work and production of detailed as -built plans for city records. Staff has worked with MCE to develop a scope that will include the work necessary to document the construction. McClelland Consulting Engineers, Inc. has provided a fee in the amount of $23,130.00 for this additional work. The contract will be paid based on hourly rates for work completed, up to the total contract amount. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: This contract amendment and the construction of the project will be funded by the 2019 Transportation Bond Program and the Water and Sewer Fund. ACCOUNT PROJECT AMOUNT 4602.860.7212-5860.02 46020.7212 $ 14,430 5400.860.5700-5815.00 11011.2019.7212 $ 8,700 Attachments: Engineering Agreement Vicinity Map Budget Adjustment ZION ROAD AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And MCCLELLAND CONSULTING ENGINEERS, INC. THIS AGREEMENT is made as of , 2022 by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and MCCLELLAND CONSULTING ENGINEERS (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1- AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. Zion Road As-Builts — Professional Engineering Services FY19-2139 SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is to be agreed upon by the CITY OF FAYETTEVILLE and the ENGINEER. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis described in Appendix B. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the Zion Road As-Builts — Professional Engineering Services FY19-2139 2 value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Zion Road As-Builts — Professional Engineering Services FY19-2139 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. Zion Road As-Builts — Professional Engineering Services FY19-2139 4 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. Zion Road As-Builts — Professional Engineering Services FY19-2139 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require Zion Road As-Builts — Professional Engineering Services FY19-2139 6 deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 MCCLELLAND CONSULTING ENGINEER's address: 1810 N. College Avenue Fayetteville, Arkansas 72701 Zion Road As-Builts — Professional Engineering Services FY19-2139 7 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising Zion Road As-Builts — Professional Engineering Services FY19-2139 8 out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the Zion Road As-Builts — Professional Engineering Services FY19-2139 9 contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk MCCLELLAND CONSULTING ENGINEERS, INC. Bv. Kevin Beaumont Date: Kevin Beaumont 2022.04.18 22:00:49-05'00' Title: Vice President END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Zion Road As-Builts — Professional Engineering Services FY19-2139 10 APPENDIX 'A' SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS ZION ROAD; MEADOW VIEW DRIVE TO NORTH CROSSOVER ROAD (HWY 265) 1. Scope of Proiect 1. Provide the following services associated with the construction of Zion Road between Meadow View Drive located to the west and North Crossover Road, aka. Hwy 265, to the east, a distance of approximately 5,500 linear feet. Task 1 — Water and Sewer As -Built Surveying Services. a. ENGINEER will conduct As -Built survey data collection on water line and sewer line improvements. Water line and sewer line improvement features will include fire hydrants, water valves, top nut on water valve, water meters, irrigation meters, and other above ground water -line features. As -Built sewer line features will include sanitary sewer manhole lids, a point on the north rim of manholes, inverts and pipe diameters. Task 2 — Street As -Built Surveying Services. a. ENGINEER will conduct As -Built survey data collection on street improvement features. Street improvement features will include back of curb/top of curb (only) on both sides of the new street and the corresponding centerline at 50 ft. stations. Additional features will consist of mapping new light poles, new sidewalks, handicap ramps, drainage drop inlets (centerline of rim and north rim), inlet throats, inverts, pipe diameters, drainage area inlets, drainage pipe, flared end sections and other street improvement details. 2. Basic Services The Scope of Services of the ENGINEER as described in the original agreement for the design of Zion Road, North Vantage Drive to North Crossover Road (Hwy 265), dated May 6th, 2014, shall remain in full effect. APPENDIX A — Scope of Services A-1 FY19-2139 Zion Road As-Builts APPENDIX "B" COMPENSATION PROFESSIONAL SERVICES AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS ZION ROAD; MEADOW VIEW DRIVE TO NORTH CROSSOVER ROAD (HWY 265) CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered on a lump sum (LS) basis. Basic Services: Payment by CITY OF FAYETTEVILLE based on the percentage of work complete. Payment for a specific phase shall not exceed the scheduled amount prior to completion of that phase. Underruns in one phase may be used to offset overruns in another phase as long as the contract amount is not exceeded. Water & Sewer As -Built Survey $ 8,700.00 (LS) Street As -Built Survey $ 14,430.00 (LS) SUB -TOTAL Basic Services $ 23,130.00 Additional Services: Any and all Additional Services must be approved, and maximum amount to be paid for said services agreed to, in writing by CITY OF FAYETTEVILLE prior to rendering of same. CITY OF FAYETTEVILLE shall pay ENGINEER for Additional Services rendered an amount equal to the cumulative hours charged to the Project for each class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the Attached Exhibit "I", plus approved Reimbursable Expenses and ENGINEER'S Consultant charges, if any. For ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00. • CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable Expenses incurred in connection with Basic and Additional Services. Reimbursable Expenses must be approved by the CITY OF FAYETTEVILLE prior to the incurrence of such expenses. The estimated amount of Reimbursable Expenses to be incurred in connection with Basic Services is: SUB -TOTAL Reimbursable Expenses • The maximum payment to the ENGINEER for all of the Basic Services and Reimbursable Expenses identified within this Agreement shall not exceed $23,130.00. ENGINEER shall submit invoices monthly for services rendered and expenses borne. The invoices shall be accompanied by a copy of the timesheets for all ENGINEER's personnel working on the project. APPENDIX B — Compensation B-1 FY19-2139 Zion Road As-Builts The Hourly Rates used as a basis for payment mean salaries and wages (basic and incentive) paid to all personnel engaged directly on the PROJECT, including, but not limited to, engineers, architects, surveyors, designers, draftsman, specification writers, estimators, other technical personnel, stenographers, typists and clerks; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto; plus operating margin or profit, non -project operating costs, and all general and administrative overhead costs, including but not limited to, furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment. Reimbursable Expenses mean the actual expenses incurred directly or indirectly in connection with the PROJECT for printing and reproduction costs and ENGINEER'S consultant charges. Any and all expenditures for reimbursable expenses must be approved by the CITY OF FAYETTEVILLE prior to rendering or obtaining same. Overtime salary costs are not considered Reimbursable Expenses. APPENDIX B — Compensation B-2 FY19-2139 Zion Road As-Builts McCLELLAN MrEi CONSULTING ommmmmm ENGINEERS, INC. 2022 McCLELLAND CONSULTING ENGINEERS, INC. *STANDARD HOURLY RATES Chief Draftsman $95 - $110 Clerical $45 - $75 Construction Observer $70 - $140 Draftsman $65 - $95 Environmental Scientist/Designer $105 - $120 Geotech Engineer $85 - $170 GIS Technician $80 - $140 HR/Payroll Admin $75-$100 Landscape Architect $90 - $140 Media Specialist $80 - $100 Principal $160 - $240 Project Accountant $70 - $155 Project Designer $80 - $140 Project Engineer $120 - $175 Project Manager $120 - $200 Registered Land Surveyor $95 - $140 Soils Lab Technician $50 - $135 Specification Writer $50 - $90 Sr. Project Manager $140 - $230 Survey (2 man or Robotic) Crew $115 - $160 Survey (3 man) Crew $135 - $195 Survey Field (1 Man or Rodman) $45 - $105 Survey GPS $75 - $130 Survey Technician $65 - $95 Water Lab Supervisor $70 - $120 Water Lab Tech $50 - $95 Expenses @ Cost Mileage .585/mi** * Standard Hourly Rates may be adjusted annually in accordance with the normal salary review practices of McClelland Consulting Engineers. **Subject to change based on Internal Revenue Service (IRS) Guidelines/ Regulations EXHIBIT 1 ssz none -av �r 3NVl VNV1NVI ), r yI— oy b��psspb �:. �•. LL LUCL �^ LL E _ Odd 00 LL W ,.. ss`Do Cl) CITY OF FAYETTEVILLE ARKANSAS CITY OF FAYETTEVILLE TRANSPORTATION BOND PROGRAM PROGRESS REPORT — APRIL 2022 The Transportation Bond Program consists of projects that will be designed, contracted, and administered by City Staff or consultants/contractors working for the City. Funding for the Bond Program includes $36 million in bonds for the first phase of the program. UPCOMING CONSTRUCTION PROJECTS PROJECT NAME BID DATE ESTIMATED CONST. COST Center/Harmon Intersection January 11, 2022 $1,752,736.50 Archibald Yell Blvd. Safety Improvements January 11, 2022 $2,995,576.53 CURRENT CONSTRUCTION PROJECTS PROJECT NAME ESTIMATED CONSTRUCTION COMPLETION CONTRACT Zion Rd. (Vantage to Crossover) July 2022 $4,395,109.35 Sain St. Extension August *$607,900.29 2022 Shiloh Fulbright Intersection October $1,680,751.00 2022 Midtown Corridor — Porter and Deane at October $4,169,565.00 PD Site 2022 *Transportation Bond Program portion of the contract. COMPLETED PROJECTS PROJECT NAME COMPLETION YEAR ORIGINAL BUDGET FINAL PROJECT COST Rupple Road 2021 $3,000,000 $3,532,722.51 Steamboat Dr./Dorothy Jeanne 2021 $670,000 $410,979.35 Centennial Park Entrance Drive 2021 $1,000,000 $834,721.75 Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov For details regarding each of the Transportation Bond Projects, use the links provided below for each project. 1) RUPPLE ROAD (TANYARD DR. TO WEIR RD.) https://www.favetteville-ar.gov/3597/Rupple-Road-Extension 2) ZION ROAD PHASE II (VANTAGE DR TO CROSSOVER RD) https://www.fayetteville-ar.gov/3586/Zion-Road-Improvements 3) STEAMBOAT / DOROTHY JEANNE CONNECTION https://www.fayetteville-ar.gov/3596/SteamboatDorothy-Jean ne-St-Connection 4) SHILOH DR. / FULBRIGHT EXPRESSWAY INTERSECTION https://www.fayetteville-ar.gov/3594/Shiloh-DrFuIbright-Expressway-I ntersecti 5) CENTER / HARMON INTERSECTION https://www.favetteville-ar.gov/3595/CenterHarmon-Intersection 6) MIDTOWN CORRIDOR https://www.favetteviIIe-ar.gov/3877/Midtown-Corridor-Prowect 7) SAIN STREET EXTENSION (FRONT ST. TO JOYCE BLVD.) https://www.favetteville-ar.gov/3598/Sain-Street-Extension 8) MAPLE ST. CYCLE TRACK https://www.favetteville-ar.gov/3581 /Maple -Street -Cycle -Track 9) 15t" ST. / RAZORBACK RD. INTERSECTION https://www.favetteville-ar.gov/3592/15th Razorback -Intersection 10) HIGHWAY 71 B CORRIDOR https://www.favetteville-ar.gov/3588/Highway-71 B-Corridor 11) APPLEBY / PLAINVIEW / ROLLING HILLS CONNECTION https://www.favetteville-ar.gov/3771 /ApplebyPlainviewRolling-Hills-Connection 12) ARCHIBALD YELL BLVD. SAFETY IMPROVEMENTS 4 https://www.faVettevi I le-ar. gov/3584/Arch i ba Id -Yell -Blvd -Safety -Improvements 13) ROLLING HILLS IMPROVEMENTS (COLLEGE TO OLD MISSOURI) https://www.faVettevilie-ar.gov/3585/Rolling-Hills-Improvements 14) JOYCE BLVD. SAFETY IMPROVEMENTS https://www.faVettevi I le-ar. gov/3732/Joyce-B lvd-Safety-Improvements 15) NORTH ST. / MISSION BLVD. CORRIDOR https://www.faVetteville-ar.gov/3589/North-Street-Corridor 16) OLD WIRE RD. CYCLE TRACK (EXTENSION) https://www.faVetteville-ar.gov/3583/Old-Wire-Road-Cycle-Track 17) PAVEMENT MAINTENANCE / OVERLAYS https://www.faVetteviIle-ar.gov/3600/Pavement-Maintenance0verlaVs • 16.68 Miles of overlays have been completed as of March 2022 • $2,634,633.23 of the $2,700,00 has been spent or encumbered as of March 2022. 18) TRAFFIC SIGNAL HARDWARE / UPGRADES httos://www.favetteville-ar.aov/3599/Sianal-HardwareSoftware-UDarades • 103 of 110 signal controllers and 56 of 66 Video Detectors have been upgraded as of March of 2022. • $1,266,171.09 of the $1,400,000 has been spent or encumbered as of March 2022. 3