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Home My WebLink About9-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 9-24 File Number: 2023-1544 BROTHERS CONSTRUCTION, INC. (CONSTRUCTION AGREEMENT): A RESOLUTION TO AWARD BID #23-44 AND AUTHORIZE A CONTRACT WITH BROTHERS CONSTRUCTION, INC. IN THE AMOUNT OF $3,963,291.00 FOR CONSTRUCTION OF UTILITY RELOCATIONS ASSOCIATED WITH THE INTERSTATE 49 & MARTIN LUTHER KING, JR. BOULEVARD INTERCHANGE PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $250,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, ARDOT has requested utility relocations to prepare for the 15th Street extension and overpass at Interstate-49, which is part of the ARDOT Highway 62 (Interstate 49 and Martin Luther King, Jr. Boulevard) Interchange Project; and WHEREAS, 100% of the cost of the utility relocations will be reimbursed by ARDOT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-44 and authorizes Mayor Jordan to sign a contract with Brothers Construction, Inc. the amount of $3,963,291.00 for construction of water and sewer utility relocations near 15th Street associated with the Interstate 49 & Martin Luther King, Jr. Boulevard Interchange Project, and further approves a project contingency in the amount of $250,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing revenue from ARDOT in the amount of $4,903,162.00. PASSED and APPROVED on January 2, 2024 Page 1 ``�ttttttnUi�� i .��F��•�" RE:gSi��i. Op 5 FAYETTEVILU f • C'7 �fF•'ir�1iiiesi�%�� ``` CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 2, 2024 CITY COUNCIL MEMO 2023-1544 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: Bid #23-44, Brothers Construction, Inc. — Construction Contract for MILK & 1-49 Interchange 15th Street Utility Relocations (ARDOT Project 040846) RECOMMENDATION: Staff recommends awarding Bid #23-44 and approving a construction contract with Brothers Construction, Inc. in the amount of $3,963,291.00 for construction of water and sewer utility relocations associated with the 1-49 & MILK Interchange 15th Street Utility Relocations (ARDOT Project 040846), approval of a project contingency in the amount of $250,000.00, and approval of a budget adjustment recognizing revenue from ARDOT in the amount of $4,903,162.00. BACKGROUND: On November 7, 2023 the City of Fayetteville accepted sealed competitive bids for the MILK 1-49 Interchange 15th Street Area Utility Relocations (ARDOT Project 040846) project. Brothers Construction, Inc. submitted the lowest bid. All bids are listed here: TriStar Contractors Privcon Developments, Inc. Brothers Construction, Inc. KAJACS Contractors, Inc. Timco Blasting & Coatings, Inc. DISCUSSION: $7,924,990.86 $2,837,625.49 (bid withdrawn by contractor) $3,963,291.00 $4,000,000.00 $6,418,600.00 The Arkansas Department of Transportation has requested utility relocations to prepare for the extension and overpass of 15th Street at Interstate-49 just south of the Martin Luther King Jr. Blvd. Interchange. The scope consists of 2,042-feet of 18-inch diameter water line, 399-feet of 30-inch diameter sewer line, and approximately 300-feet of sewer lines ranging from 12-inch to 24-inch diameters. The relocations are 100% reimbursable to the City of Fayetteville by ARDOT. BUDGET/STAFF IMPACT: Funds are available for this project in the Water & Sewer Relocations account within the Water & Sewer fund. ATTACHMENTS: SRF (#3), BA (#4), Agreement (#5), Bid 23-44, Bid Tab - Final (#6), Bid 23-44, Submittal - Brothers Construction Inc (#7), Hawkins -Weir Recommendation (#8), ARDOT Utility Relocation Agreement Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Change Orders (#9) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1544 Bid #23-44, Brothers Construction, Inc. — Construction Contract for MLK & I-49 Interchange 15th Street Utility Relocations (ARDOT Project 040846) A RESOLUTION TO AWARD BID #23-44 AND AUTHORIZE A CONTRACT WITH BROTHERS CONSTRUCTION, INC. IN THE AMOUNT OF $3,963,291.00 FOR CONSTRUCTION OF UTILITY RELOCATIONS ASSOCIATED WITH THE INTERSTATE 49 & MARTIN LUTHER KING, JR. BOULEVARD INTERCHANGE PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $250,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, ARDOT has requested utility relocations to prepare for the 15th Street extension and overpass at Interstate-49, which is part of the ARDOT Highway 62 (Interstate 49 and Martin Luther King, Jr. Boulevard) Interchange Project; and WHEREAS, 100% of the cost of the utility relocations will be reimbursed by ARDOT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-44 and authorizes Mayor Jordan to sign a contract with Brothers Construction, Inc. the amount of $3,963,291.00 for construction of water and sewer utility relocations near 15th Street associated with the Interstate 49 & Martin Luther King, Jr. Boulevard Interchange Project, and further approves a project contingency in the amount of $250,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing revenue from ARDOT in the amount of $4,903,162.00. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-1544 Item ID 1/2/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/13/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #23-44 and approving a construction contract with Brothers Construction, Inc. in the amount of $3,963,291.00 for construction of water and sewer utility relocations associated with the 1-49 & MLK Interchange 15th Street Utility Relocations (ARDOT Project 040846), approval of a project contingency in the amount of $250,000.00, and approval of a budget adjustment recognizing revenue from ARDOT in the amount of $4,903,162.00. Budget Impact: 5400.720.5600-5808.00 / 5400.720.5700- 5815.00 Account Number 11011.2301 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Water and Sewer Fund Water & Sewer Relocations Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget $ 5,903,062.00 $ 2,822,731.87 3,080,330.13 $ 4,213,291.00 $ 4,903,162.00 3,770,201.13 Previous Ordinance or Resolution # Approval Date: V20221130 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number WATER SEWER (720) /Org2 2024 (BY) Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed in the Water & Sewer Relocation Project for the 1-49 & MILK Interchange Utility Relocations Project - ARDOT Project #040846. Project scope consists of 2,042 ft of 18-inch diameter water line, 399 ft of 30 inch diameter sewer line, and approximately 300 ft of sewer lines ranging from 12 inch to 24 inch diameter. The relocations are 100% reimbursable to the City by ARDOT. Approximately $4,903,162.00 will be reimbursed by ARDOT for the construction and engineering services costs. COUNCIL DATE: ITEM ID#: 1/2/2024 2023-1544 Holly Black 7217512023 &.73 RIn RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 4,903,162 4,903,162 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.20231213 Account Name 5400.720.5600-5808.00 3,677,372 - 11011 2301 EX Improvements - Water Line 5400.720.5700-5815.00 5400.720.5600-4309.00 1,225,790 - - 3,677,372 11011 11011 2301 EX 2301 RE Improvements - Sewer Federal Grants - Capital 5400.720.5700-4309.00 - 1,225,790 11011 2301 RE Federal Grants - Capital I of 1 City of Fayetteville, Arkansas Utility Relocations for I-49/15" Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Utility Relocations for I-49/15`h Street Interchange Contract No.: 23-44, Construction THIS AGREEMENT is dated as of the 2 day of January in the year 2024 by and between The City of Fayetteville, Arkansas and Brothers Construction, Inc. (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Agreement includes, but is not limited to: A. Relocation of water and sanitary sewer utilities along 1-49 and 15" Street. 1.02 The Contractor agrees to perform the work described in the Contract Documents and comply with the terms therein for the amounts shown in the Bid Proposal. Refer to SECTION 00400 — BID FORM for quantities. 1.03 Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. 1.04 Contractor is responsible for obtaining all applicable permits. The fees for City of Fayetteville (only) issued permits shall be waived. 1.05 The Contract may include work in City of Fayetteville right-of-way, ARDOT (State) right-of- way, railroad right-of-way, and in General or Utility Easements. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by Hawkins -Weir Engineers, Inc. Hawkins - Weir Engineers, Inc. assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in connection with completion of the Work in accordance with the Contract Documents. 00500 Agreement 00500-1 October2023 City of Fayetteville, Arkansas Utility Relocations for I-49/151' Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 2.02 The City of Fayetteville assumes all duties and responsibilities, and has the rights and authority assigned to The City of Fayetteville as Owner 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 milestone, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR 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 within 30 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. 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 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 00500 Agreement 00500-2 October 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/15`h Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) any proper extension thereof granted by The City of Fayetteville, Contractor 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 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 Contract estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the Contract Documents. 4.03 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 City of Fayetteville in advance of the change in scope, cost or fees. A. Further, there shall be no changes to the scope and/or contract documents without prior written approval of the Engineer of Record and the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.01 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. 00500 Agreement 00500-3 October 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/15" Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No.2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 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 15`h 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. I. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 October 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/15`h Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 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(s) and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: 1. Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and 2. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. 00500 Agreement 00500-5 October 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/151' Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 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 the City of Fayetteville's Purchasing Division written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by the City of Fayetteville's Purchasing Division 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. 00500 Agreement 00500-6 October 2023 City of Fayetteville, Arkansas Hawkins -Weir Engineers, Inc. Utility Relocations for I-49/15" Street Interchange HWEI Project No. 2022129 ARDOT Job 040846 (Utilities) SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 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 this Agreement and in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. a. The Performance Bond shall be for one hundred percent (100%) of the Contract amount. b. The Payment Bond shall be for one hundred percent (100%) of the Contract amount. c. The Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance, Payment and Warranty Bonds to the Owner or Engineer. 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 October 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/151h Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the Table of Contents thereof (Drawings), with each sheet bearing the following general title: Utility Relocations for 1-49/15" Street Interchange 8. Addenda numbers 1-2 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 8.02 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 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. 00500 Agreement 00500-8 October 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/15" Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt 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 mechanic's or 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 00500 Agreement 00500-9 October 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/15" Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No.2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AN D CONTRACTOR (continued) 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 00500-10 October 2023 City of Fayetteville, Arkansas Utility Relocations for 1-49/151h Street Interchange MDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (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 January 2 2024, which is the Effective Date of the Agreement. CONTRACTOR: i3raWos 6*- f+ 0,,% t_FvkITY OF FAYETTEVILLE By: �� 1 MOO By: (Type or legibly print) (Ty Title: Sec- Title: Contractor shall attach evidence of authority to sign. 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 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 O Attest (SEAL) FAYETTEVILL kANc h ? /„ TON; 00500 Agreement 00500-11 October 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/1511 Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) Address for giving notices Address for giving notices b 3 113 W. Mountain Street � jjM_ 3 l.t^01 Off.MA 5_ o Fayetteville, AR 72701 License No. 0 0 S S" 03 19 Agent for Service of process II 04d Mto (Type or legibly print) U V (Signature) 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 Approved as to Form: or LLC, attach evidence of authority to sign.) By: Attorney For: END OF SECTION 00500 00500 Agreement 00500-12 October 2023 Aft CITY OF ARKANS FAYETEVILLE no T.-on Bid 23-441, Constmeltion - MLR Interchange Utility Relocations (15th Street), Phase 1 ::we.v, runmee, $, xw$ a x m pm o6aouxeT cmmw,us a 6mm Sammdm rs¢ms wdm r..r„i...._-. p,lv[an ocvplopmen5a. m^ erothm U..Nlnn In, XajacsUnmclor. Inc. Tlm[n Ila,ene a[a.ng6 Inc. 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S, La .=n H$ua $H.iwm How Sv,9wm Hwm SxLw3m fiwm $se.dvm eo pmweane^tlwu ti rPole 1 G St]w.w Sr,,cdcv $ dL.m H m Ss m srcam 6YAm 65w.w IodYw SId.wTw PrlvanwNbntle w .awrear tlzaZ3 .m..a,w�nw. r wn a3 CITY OF FAYETTEVILLE ARKANSAS Bid 23-44 Addendum 2 Brothers Construction Inc Supplier Response Event Information Number: Bid 23-44 Addendum 2 Title: Construction - MILK Interchange Utility Relocations (15th Street), Phase 1 Type: Invitation to Bid Issue Date: 10/8/2023 Deadline: 11/7/2023 02:00 PM (CT) Notes: The City of Fayetteville is accepting sealed bids from properly licensed firms for the relocation of water and sewer utilities along 1-49 and 15th Street Interchange. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss - Sr. Purchasing Agent Address: Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 8 pages Vendor: Brothers Construction Inc Bid 23-44 Addendum 2 Brothers Construction Inc Information Contact: Todd Mooney Address: PO Box 1763 Van Buren, AR 72956 Phone: (479) 474-5716 Fax: (479) 471-9912 Email: todd@brothers. construction By submitting your response, you certify that you are authorized to represent and bind your company. Todd Mooney Signature Submitted at 111712023 10:35:46 AM (CT) Requested Attachments Bid 23-44, Required Signature Forms todd@brothers.construction Email 23-44 MLK Signiture Pages and SOQ.pdf Please attach your completed forms. These documents can be found in the Project Manual or as a convenience file in the 'Attachments' tab titled File #00. Bid 23-44, Bid Bond MLK Relocate Bid Bond.pdf Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with submittal. Bid Attributes 1 Arkansas Secretary of State Filing Number: 100157004 2 Arkansas Contractor License Number: 0055490324 3 Check Yes or No: 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. 0 Yes, I agree ❑ No, I don't agree Page 2 of 8 pages Vendor: Brothers Construction Inc Bid 23-44 Addendum 2 4 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 0 Yes, I agree ❑ No, I don't agree 5 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 0 1 agree Bid Lines 9 Construction Dewatering Quantity: 1 UOM: LS Price: $40,000.00 Total: $40,000.00 1 Bypass Pumping 0 Quantity: 1 UOM: LS Price: $69,000.00 Total: $69,000.00 Page 3 of 8 pages Vendor: Brothers Construction Inc Bid 23-44 Addendum 2 2 Pipe Casing - 48" Steel (Open Cut) 6 Quantity: 360 UOM: LF Price: $1,050.00 Total: $378,000.00 Page 4 of 8 pages Vendor: Brothers Construction Inc Bid 23-44 Addendum 2 4 Concrete Trail (12' Width, 4" Thickness) 2 Quantity: 200 UOM: SY Price: $110.00 Total: $22,000.00 Page 5 of 8 pages Vendor: Brothers Construction Inc Bid 23-44 Addendum 2 4 Remove and Replace 18" ADS-N 12 3 Quantity: 34 UOM: LF Price: $110.00 Total: $3,740.00 4 Reconstruct Inlet Top 4 Quantity: 2 UOM: EA Price: $4,800.00 Total: $9,600.00 4 Water Pipe (18" PVC, AWWA C900, Class 235, DR 18) 5 Quantity: 2042 UOM: LF Price: $275.00 Total: $561,550.00 4 Ductile Iron Fittings 6 Quantity: 10000 UOM: LBS Price: $27.00 Total: $270,000.00 5 1" Water Service Connection 8 Quantity: 2 UOM: EA Price: $2,050.00 Total: $4,100.00 Page 6 of 8 pages Vendor: Brothers Construction Inc Bid 23-44 Addendum 2 7 Abandon & Grout Fill Sewer Main (24-Inch) 4 Quantity: 172 UOM: LF Price: $80.00 Total: $13,760.00 Page 7 of 8 pages Vendor: Brothers Construction Inc Bid 23-44 Addendum 2 8 Remove and Reinstall Light Pole 0 Quantity: 1 UOM: EA Price: $9,000.00 Total: $9,000.00 Response Total: $3,963,291.00 Page 8 of 8 pages Vendor: Brothers Construction Inc Bid 23-44 Addendum 2 IPR A N C F More Than a Promise 5500 Euper Lane PO Box 3529 Ft. Smith, AR 72913 (479) 452-4000 www.bhca.com Bid Bond KNOW ALL MEN BY THESE PRF_SENTS. that we - (Here insert full name and address or legal title of Contractor) Brother's Construction Inc. P. O. Box 1763 Van Buren, AR 72957 as Principal, hereinafter called the Principal, and (Harp insert full name and nddre.s.s rr legal title of .Surety) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto 1Here insert full name and address or legal title of Owner) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID Dollars ($ 5% ), for the payment of which cum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for MLK Interchange Utility Relocations (Here insertfull name, address and descriprfon of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Ohligee in acenrdanrr 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 a ve 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 pc, -form 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 7th day of November 2023 Brother's Construction Inc. (Principal) (Seal) P(Q S (Title) Travelers Casualty and Surety Company of America (Su Cty) \ - { T ills) (Seal) ary Ann Ju ice , Attorney -In -Fact AIA Document A3107u —1970. Copyright 01963 and 1970 by Tie American Inslltute Of Architects. Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Mary Ann Justice of FORT SMITH , Arkansas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity 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. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. swrr��' • t witt FiA'� i HMIFORD, � 2 State of Connecticut City of Hartford ss. By. Robert L Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. **i .' O-, IN WITNESS WHEREOF, I hereunto set my hand and official seal. % �' NdrAA1' My Commission expires the 30th day of June, 2026 s1* I ° i♦r a"Wc 4 i Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 7th day of November , 2023 c I FA Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. CITY OF FAYETTEVILLE r ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 1Z 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery appointment with the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents DAll bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the City Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayettevillear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. Additional Information Required: • List of Subcontractors: Submit form on bidding platform or attach if submitting a physical bid. • AR Secretary of State Filing #: l tiblS'70a Lf OR submit electronically. �4- • Arkansas Contractor License #: OVS5" 02OR submit electronically. • 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. o Submit electronically or circle applicable answer: ES or NO • Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: UYESor NO Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 City of Fayetteville, Arkansas Utility Relocations for I-49/15`h Street Interchange ARDOT Job 040846 (Utilities) SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT Contract Name: Utility Relocations for 1-49/15"' Street Interchange Bid 23-44, Construction Date: I 47 .20).3 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Address T(D /�__ _ 1-1 � 3 \(6,A:iU1� n kTL 12A//.T��1,, Principal Office lg�st) VeM 34' Va' _n bUeAtLTrMA5( Corporation, LLC, partnership, individual, joint venture, other 1J Coe^g Arkansas State General Contractor's tcense Number 0055 4!{ 0.3 (Type or legibly print) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 For a Bidder (Contractor) to be considered as Qualified, the Contractor must satisfy all insurance, financial, and bonding requirements of the City of Fayetteville. The Contactor must also provide documentation with the bid to document: The Contractor's successful completion of five contracts similar in scope to this City of Fayetteville Bid. The Contractor shall have executed work for municipalities operating water distribution and sanitary sewer collection facilities with a minimum of three (3) projects equaling or exceeding five hundred thousand dollars ($500,000) for installation of the product(s) bid. Work for developers and commercial site work will not be considered as permissible work experience. Acceptable documentation of these minimum installations must be submitted to the City of Fayetteville attached to this section. In accordance with Arkansas Procurement Law, a Contractor may use the combined experience of its owners or senior executive staff to satisfy the experience requirement, or the combined amount of experience of the key personnel that will be responsible for satisfying the experience requirement. 00140 Bidder Qualifications 00140-1 October 2023 City of Fayetteville, Arkansas Utility Relocations for 1-49/15' Street Interchange ARDOT Job 040946 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00140 — BIDDER'~ QUALIFICATION STATEMENT (continued) EXPERIENCE STATUMENT (MANDATORY) 1. Bidder has been engaged as a General Contractor in construction for " years and has performed work of the nature and magnitude of this Contract for _al__ years. Bidder has been in business under its present name for M years. 2. The Contactor must also provide documentation with the bid to document the Contractor's successful experience with the following: a. The Contactor must also provide documentation with the bid to document the Contractor's successful completion of five contracts similar in scope to this City of Fayetteville Bid. 3. 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.) 4. 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.) 5. Has Bidder ever failed to complete any project? If so, state when, where, and why. 6. Bidder normally performs the following work with his own forces: S-e_e aktd 7. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): 8. 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: S 00140 Bidder Qualifications 00140-2 October 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/15" Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) 9. Bidder's Workers' Compensation Experience Modifier Factor is: .qL` FINANCIAL STATEMENT (IF REQUESTED) 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: Ridament Creditors Where Docketed and Date Amount a. $ b. $ 00140 Bidder Qualifications 00140-3 October 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/15`h Street Interchange ARDOT Job 040846 (Utilities) Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) Bidder herebyrepresents and warrants that all statements set forth herein are true and correct. Date: !V/11 % , 20 2-7 Name of Organization By �nnr�g� Peas (Type or legibly print) By _ (Signature) Titles./. (Type or legibly print) (OFFICIAL SEAL) 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 or LLC, the corporate name shall be signed, followed by the signature of a duly authorized officer and with the corporate seal affixed. Contractor shall attach evidence of authority of signature. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and authority to sign. END OF SECTION 00140 00140 Bidder Qualifications 00140-4 October 2023 City of Fayetteville, Arkansas Utility Relocations for i-49/15th Street Interchange ARDOT Job 040846 (Utilities) SECTION 00400— BID FORM Contract Name: Utility Relocations for 1-49/15th Street Interchange Bid Number: 23-44, Construction BID TO: Owner: The City of Fayetteville, Arkansas 1 13 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: S raWR5 ARTICLE I - INTENT Hawkins -Weir Engineers, Inc. HWEI Project No. 2022129 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. 2.02 The undersigned bidder, having examined the specifications and contract documents, and being fully advised as to the extent and character of the work, propose to furnish all equipment and to perform all labor and work necessary for the completion of the work described by and in accordance with the specifications and contracts for the following prices. 00400 Bid Form 00400-1 September 2023 City of Fayetteville, Arkansas Hawkins -Weir Engineers, Inc. Utility Relocations for 1-49/15th Street interchange HWET Project No. 2022129 ARDOT Job 040846 (Utilities) SF,CTION 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 .IV I /A z3 U?i I / 23 B. Bidder has visited the Site, City or Utilities 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 or otherwise which may affect cost, progress, performance, or furnishing of 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. 00400 Bid Form 00400-2 September 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/15th Street Interchange ARDOT Job 040846 (Utilities) SECTION 00400- BID FORM (continued) Hawkins -Weir Engineers, Inc. HWET Project No. 2022129 ITEM NO. DESCRIPTION EST. QTY UNIT UNIT PRICE TOTAL 73 Cut & Cap Existing 12" Sewer Main 2 EA S S 74 Cut & Cap Existing 24" Sewer Main 1 EA S $ 75 Concrete Anchor Collar (12" Sewer Line) 6 CY S S 76 Concrete Anchor Collar (30" Sewer Line) 16 CY S S 77 Remove and Replace Fence (6' Tall, Security Steel) 270 LF $ $ 78 Remove and Reinstall Light Pole 1 EA S is TOTAL AMOUNT BID (SCHEDULE I) 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. A 5% required Bid security in the form of a cashier's check from a financial institution located in the State of Arkansas or a Bid Bond and in the amount of H b I (o 45-5- Dollars ($ ) B. A tabulation of Subcontractors and other persons and organizations required to be identified in this ARTICLE 7 - COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: odct Moo -Ud7bV] -F�3.22 17 `&0 Fax No. u1� --` -% I —I I i-L- 00400 Bid Form 00400-7 September 2023 City of Fayetteville, Arkansas Utility Relocations for I-49/15th Street Interchange ARDOT Job 040846 (Utilities) SECTION 00400— BID FORK-1 (continued) 9.02 Execution/Signatures for Contractor Assurances above, Bid and Bid Form: SUBMITTED on _ fl ( % . 20-73 Arkansas State Contractor License No. 60 J J YI If Bidder is: An Individual Name (type or printed): By: Doing business as: Business address: Phone No: Email Address: A Partnership Partnership Name By: Name (type or printed): Business address: No. Phone No: Fax No. Email Address: L) (SEAL) Hawkins -Weir Engineers, Inc. HWET Project No. 2022129 00400 Bid Form 00400-10 September 2023 City of Fayetteville, Arkansas Utility Relocations for 1-49/15th Street Interchange ARDOT Job 040846 (Utilities) SECTION 00400— BID FORM (continued) A Corporation or Corporate entityincluding Limited Liability Company (LLC) Corporation Name : a("5 (SEAL) State of Incorporation:. A1/'�OWIS6L_5 Type (General Business, Professional, Service, Limited Liability): By: e<6 Name (type or printed): "4a T Title: TeS (CORPORATE SE Attest: 2 Business address: Pa 13 oK_ 0 0 Viam 8u xw. Ar. -?2 Sb Phone No: Fax No. zI -?� - q11 -Qq l 2- Email Address: _L_d C41 �broft�y� . onAv -f rgd-i bii Tax ID No: -i_- 8 $o b END OF DOCUMENT 00400 Hawkins -Weir Engineers, Inc. HWET Project No. 2022129 00400 Bid Form 00400-1 1 September 2023 City of Fayetteville, Arkansas Hawkins -Weir Engineers, Inc. Utility Relocations for 1-49/15" Street Interchange HWEI Project No. 2022129 ARDOT Job 040846 (Utilities) SECTION 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: Utility Relocations for I-49/15t" Street Interchange Bid 23-44, Construction Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Dcsi,_,natc A\� or f 05 iot\ &w4ro( o �e Subcontractor's Name and Address rytV,n0 +r0,(. Sak{, am) S,C'• Po. 8(3x %5 , Cwtw-11,0 7283 3 b.C. 114&1-1 6A5YUCFinn Expected Percentage -2\0 35 1' IM54A 4 Valley "Q, V6 6afm -/W% NOTE: This form must be submitted in accordance with the Instructions to Bidders. �aJ a cso Bidder's name (type or print) 4101 Bidder's name (signature) 11 (7j2,3 Date END OF SECTION 00430 or Value . 5 %v 00430 List of Subcontractors 00430-1 October 2023 License No. 0055490324 ID #6997 State of Arkansas Commercial Contractors Licensing Board BROTHERS CONSTRUCTION, INC. PO BOX 1763 VAN BUREN, AR 72957 BROTHERS CONSTRUCTION, INC This is to Certify That is dul'r licensed'ander the provisions of Ark. Code Ann. R. 17-25- A�� et. se^y. uS amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: BUILDING - (COMMERCIAL & RESIDENTIAL) HIGHWAY, RAILROAD, AIRPORT CONSTRUCTION MUNICIPAL & UTILITY CONSTRUCTION This contractor has an unlimited suggested hid limit. from April14.2023 until ]March 31. 2024 When this Certificate expires. 11 ifpw�v our hands oL rhe Board, doted ut North Little Rock. .lrkansa.s' 6 CHAIRMAN SECRETARY April 14, 2023 - dsa 4/5/23, 11:45 AM Arkansas Secretary of State Search Incorporations, Coon-Cl- I c,, 13a11l.; and I_n5tn-arice C 0t»panics This is only a preliminary; search and no guarantee that a name is a,,ailable for initial riling until a confirmation has been received ",rim the Secretary w State arter filing has been processed Please reVie-N our �:_ _ i .=i prior to searching for a na,,v entity name, - _ .. LLC Member information is now confidential per Act 865 of 2007 Use your browser's back button to return to the Search Results Begin New Search For service of process contact the 3: air 4 Corporation Name BROTHERS CONSTRUCTION, INC. Fictitious Names Filing # 100157004 Filing Type For Profit Corporation Filed under Act Dom Bus Corp; 958 of 1987 Status Good Standing Principal Address P.O. BOX 1763 VAN BUREN, AR 72957 Reg. Agent TERRY W. MOONEY Agent Address 3918 EAST POINTER TRAIL VAN BUREN, AR 72957 Date Filed 03/12/1998 Officers SEE FILE, Incorporator/Organizer FCA, CPAS PLLC, Tax Preparer TERRY WAYNE MOONEY , President MICHAELTODD MOONEY , Secretary Foreign Name N/A Foreign Address State of Origin N/A Purchase a Certificate of Good P-1%i Fra),-icnisa Tax f o f this cop i,,oa a_ic,t Standing for this Entity https://www.sos.arkansas.gov/corps/search_corps.php?DETAIL=157765&corp_type_id=&corp_name=&agent_search=&agent_city=&agent_state=&fili... 1 /1 CONSTRUCTION November 7, 2023 City of Fayetteville, AR 113 West Mountain Street Fayetteville, AR 72701 RE: 1-49 & 15th Street Interchange Bid 23-44 To Whom It May Concern: Brothers Construction was established in 1994 by two brothers, Terry & Todd Mooney. Approximately 4 years later, in 1998, the business incorporated to become Brothers Construction, Inc. We are an "S Corp" in the State of Arkansas and our Contractors License number is 0055490324. For over 29 years, Brothers Construction has strived to provide a safe workplace, perform quality work, and always put our customers' satisfaction first. The company's focus is municipal & utility construction, as indicated by our work on hand as well as our recently completed projects. We are also equipped to do site prep, subdivisions as well as heavy hauling. Brothers Construction, Inc. has never failed to complete any work and has never defaulted on any contract. The officers are Terry Mooney, President, with over 40 years of utility experience, overseeing daily operations in the field. Todd Mooney, Secretary, with over 35 years of experience in estimating & project management. Here are a few examples of our experienced field staff: Josh Lamance- Job Supervisor- 22 years of experience with Brothers Construction Bill Collins- Lowboy Driver with 20 years of experience Christopher Scrivner- Job Supervisor with 15 years of experience Robert Hall- Job Supervisor with 40 years of experience Ed Chaney- Job Supervisor with 32 years of experience Skip Howard- Safety Director (OSHA Trainer) 6 years of experience with Brothers Construction Our main banking references are Citizens Bank & Trust in Van Buren, Joe Ryan, at 479-410-5213 and Relyance Bank in Little Rock, David Straessle, at 501-404-3458 extension 2174. Our bonding agent is Marty Clark with BHC Insurance at 479-452-4000 and our surety company is Travelers Casualty & Surety Company of America, providing us with a $40,000,000 aggregate. PO BOX 1763 VAN BUREN, AR 72957 OFFICE: (479) 474-5716 • FAX (479) 471-9912 www. brothers. construction Current work Prairie Grove Downtown Bond $4,450,184 (estimated start date 11/2023) City of Prairie Grove 479-846-3038 City of Rogers, 13th Street & Popular $8730,562 (estimated start date 11/2023) CEI Engineering Associates Inc. Bentonville, AR 800-433-4173 City of Bentonville SW 28th Street- $5,214,213 (estimated start date 11/2023) APAC Central, Inc. 755 E Millsap Rd. Fayetteville, AR 479-587-3300 City of Elkins Sanitary Sewer Capacity Improvements $6,944,410 (estimated completion 6/2024) Garver -Chris Buntin 479-527-9100 Cave Springs Force Main & Lift Station $10,727,495 (estimated completion 7/2024) McClelland Engineers -Nick Batker 479-443-2377 Heights Interceptor Sewer $2,017,036 (estimated completion 11/2023) Springdale Water Utilities Rick Pulvirenti, PE 479-751-5751 88CC Chad Colley Blvd Fort Smith $2,273,867 (estimated completion 11/2023) Meadows Properties- Jim Phelan 479-478-6788 Cobblestone $4,399,922 (estimated completion 12/2023) Fayetteville Housing Partners- Crafton Tull -Taylor Lindley 479-636-4838 Dixieland South/Crossland $2,150,670 (estimated completion 11/2023) Crossland Heavy Contractors- Jason Necessary 479-347-7960 Sisters Place Fort Smith $1,647,040 Estimated completion 11 /2023) Griffin Construction- Mickle Wagner Coleman- Jackson Goodwin 479-649-8484 Hazelton Utilities $651,392 (estimated completion 7/2023) Grant Garrett Excavation 501-520-5200 Wal-Mart Child Card $500,433 (estimated completion 11/2023) ARCO Excavation -Tony White 479-451-8000 HarBer Ave. Extension $2,003,355 Estimated completion 11/2023) Crossland Heavy Contractors -Jason Necessary 479-347-7960 Uptown -Oak Flyovers City of Rogers $1,491,388 (estimated completion 12/2023) Crossland Heavy Contractors-Holten Elmore 620-429-1410 City of Poteau Sanitary Sewer East Interceptor $2,782,525 (estimated start date 11/2023) City of Poteau Oklahoma-WDB Engineers- David Wyatt 405-741-7090 The Retreat at Fayetteville- water & sewer $1,091,390 (estimated completion 11/2023) ARCO Excavation & Paving- Derek Espolt 479-451-8000 Lumen (Westwood Village) Apartments Bentonville, AR -Site & Utilities $1,330,345 Conco, Inc — Rob Davis 316-943-7111 (estimated completion 12/2023) Completed Projects Reserves at Bentonville Apartments LLC-Site & Utilities $3,119,192 Norris Service & Construction, Inc.-Tori Osborne 479-651-8078 (completed 8/2023) Gene George South Phase 1- Street/Road & Utilities $4,247,971 City of Springdale- Garver/Seth Yancey 501-537-33283 (completed 7/2023) Ebbing Place Phase II $2,057,635 (completed 6/2023) Barling Place LLC -CMC Asset Management-479-242-1267 Southwest Basin Sewer Improvements $1,692,050 City of Centerton- Jeff Dehnhardt 479-751-8733 (completed 2022) Mayo Drive Water Improvements $835,628 City of Barling, AR -Danny Byrd 479-452-1550 (completed 2022) Fairway 15 Village Fort Smith, AR- Subdivision $800,608 Mickle Wagner Coleman -Jackson Goodwin 479-649-8484 (completed 2022) Fort Smith Nursing- Site work & Utilities $2,333,091 Rick Mooney Construction 479-929-5577 (completed 2022) Allen's Mill- Site & Utilities $3,985,547 Buffington Homes- Anna Traylor 479-251-1106 (completed 2022) Pure Springdale- Site work & Utilities $1,885,938 ERC Construction Group- 479-452-9950 (completed 2023) Mountainview at Prairie Grove- Site work & Utilities $5,229,000 PG Three Amigos, LLC- Karen Parker 479-466-7254 (completed 2022) Providence Village Ph 3- Site work & Utilities $2,031,064 Rausch Coleman- Ben Kennedy 479-455-9090 (completed 2022) The Peaks Ph 2- Site & Utilities $1,691,973 Ridge Construction LLC/ Coty Allen 501-479-8143 (completed 2022) Hampton Place- Site work & utilities $2,978,265 Rick Mooney Construction 479-929-5577 (completed 10/2021) Crystal Springs- Utilities $2,219,583 Rausch Coleman- Ben Kennedy 479-455-9090 (completed 3/2022) City of Bentonville- Nomad Sewer included 5708 LF of 24" Sewer $1,602,875 CEI- Nate Bachelor 479-254-1591 (completed 8/2021) Stone Ridge in Fort Smith- Site work & Utilities $1,689,717 Crafton Tulll — Connor Threet & Taylor Lindley 479-636-4838 (completed 8/2021) Park Meadows Phase 3- Utilities $1,104,986 Rausch Coleman- Ben Kennedy 479-455-9090 (completed 1/2022) Magnolia Park- Site work & Utilities $4,489,885 Buffington Homes- Anna Traylor 479-251-1106 Engineer: Joseph Fifer, Crafton Tull 501-878-2406 (completed 3/2022) Riverwalk Phase 3 Fayetteville- Site work & Utilities $1,721,830 Riggins Construction 479-582-9597 (completed 2/2021) Morningside Estates Ph 3 - Utilities $1,568,990 Rausch Coleman -Ben Kennedy 479-455-9090 (completed) Uptown Square Apartments Rogers, AR site work & utilities $1,520,195 MBA Construction Indianapolis, IN (completed 2022) Pinnacle Grove- Utilities $652,346 ARCO Excavation & Paving 479-451-8000 (completed) Hawthorn Heights - site work & all utilities $3,559,592 Rick Mooney Construction 479-929-5577 (completed) Providence Village 2- Utilities $1,139,317 Rausch Coleman -Ben Kennedy 479-455-9090 (completed) The Pointe Phase II Bentonville, AR- site work, water, sewer & drainage $1,430,342 Ridge Construction- Rick McReynolds 501-758-0050 (completed) City of Centerton Sanitary Sewer Improvements included 1770 24" Sewer $2,885,102 ESI, Inc. Mark Johnson 479-751-8733 (completed 2/21) Park Meadow- water, sewer & drainage $943,398 Rausch Coleman Ben Kennedy 479-455-9090 Engineer- Crafton Tull 479-636-4838 (completed 5/2020) Belle Mead- site work & utilities (subdivision) $1,218,915 Brothers Investment Properties (completed 2/2020) Downtown Springdale Sanitary Sewer Improvements $2,136,375.00 ESI, Inc. Jonathan Strain P.E. 479-751-8733 (completed 1/15/2020) The Peaks at Springdale- site work and all utilities $518,884.00 Ridge Construction LLC/ Coty Allen 501-479-8143 (completed 10/2019) Tyson Heights Phase II Springdale, AR $368,610.00 water & drainage Rausch Coleman Homes LLC 479-472-4663 (completed 7/2019) Preston Park in Bentonville, AR $3,172,538.00 site work & all utilities Buffington Homes/Anna Traylor 479-251-1106 (completed 11/2019) Heritage Village at Chaffee Crossing Fort Smith, AR $1,222,213 site work & utilities Meadows Construction/Jim Meadows 479-478-6788 (completed 11/2019) Fuller Estates in Fort Smith, AR $445,723.00 site work, streets & all utilities Charles Palmer/owner 918-671-9246 (completed 7/2019) Offsite Heritage Village water & sewer Improvements $ 334,395.00 Mickle Wagner Coleman/ Pat Mickle 479-649-8484 (completed 6/2019) Hwy 412 Bypass Gravity Sewer Extension, City of Tontitown $393,938.00 Garver, LLC/Chris Buntin P.E. 479-527-9100 (completed 5/2019) Van Buren Municipal Utilities Sanitary Sewer Improvements $588,868.00 Hawkins Weir Engineers/Josh Durham 474-1227 (completed 5/2019) Allen's Mill at Cave Springs, AR $3,241,579 site work & all utilities Buffington Homes/Anna Traylor 479-251-1106 (completed 5/2019) Grand Retirement in Fayetteville, AR $3,410,257 site work & all utilities Rick Mooney Construction (GC) 479-929-5577 (completed 4/2019) Red Barn in Bentonville, AR $538,214 water & sewer Crossland Construction- Tom Keller 479-464-7077 (completed 10/2018) City of Bentonville- 8th Street Water & Sewer Relocate $1,679,167.00 USI Consulting Engineers 479-872-7114 (completed 7/2018) Guyll Ridge & Dixieland Rd Waterline Replacement $578,537.00 Benton County Water District Avoca, AR Plymouth Engineering, David Gilbert P.E. 479-595-5934 (completed 6/3/2018) City of Gravette Sanitary Sewer Improvements $634,075.00 Morrison Shipley 479-273-2209 (completed 1/2018) The Mansions at Mill Creek Springdale, AR- Water & Sewer $374,148.00 ARCO Excavation 479-451-8000 (completed 10/2017) The Greens at Fort Chaffee Fort Smith, AR $780,000.00 Site Work & Utilities Meadows Construction 479-478-6788 (completed 9/2017) Emma Ave Water Improvements in Springdale, AR $1,043,691.00 Springdale Water Utilities — Rick Pulvirenti, 479-751-5751 (completed 4/20/17) Cambridge Street Utilities — Water and Sewer Improvements, $1,512, 062.00 City of Springdale — (ARCO Tony White) 479-451-8000 (completed 7/2017) Scissortail Subdivision -Sanitary sewer $875,094.00 ARCO Excavation Tony White 479-451-8000 (completed 1/31/2017) The Villas at Forest Hills in Fayetteville, AR site work & utilities $2,080,949 Morrison Shipley Engineers- Patrick Foy 479-273-2209 (completed 5/2017) Emma Avenue Sewer Rehab in Springdale, AR $1,003,241 Springdale Water Utilities- Rick Pulvirenti 479-751-5751 (completed 1/2017) City of Springdale Northern Bypass water & sewer Relocate $1,324,584 City of Springdale- Tom Talley 479-751-5751 (completed 5/3/16) I can provide a list of our major equipment and would be glad to furnish financial statements or any other information upon request. Sincerely, Todd Mooney Brothers Construction, Inc. Bid 23-44, Addendum 1 CITY OF IV FAYETTEVILLE Date: Tuesday, October 31, 2023 A R K A N S A S To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: Bid 23-44, Construction — MLK Interchange Utility Relocations (15th Street), Phase 1 This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERSSHALL ACKNOWLEDGE THISADDENDUM ON THE DESIGNA TED LOCATION ON THE BID FORM. 1. A non -mandatory Pre -Bid meeting was held in Room #111 of Fayetteville City Hall on Thursday, October 12, 2023 at 3:00 PM. The sign -in sheet of attendees and meeting summary are also attached to this addendum for disclosure to all interested parties (see Attachment A). a. Attendees: i. City of Fayetteville: 1. Amanda Beilfuss, Sr. Purchasing Agent 2. Kenny Fitch, Purchasing Agent 3. Corey Granderson, Utilities Engineer 4. Robert Lancaster, W/S Field Maintenance Supervisor 5. Oren Noble, Hawkins -Weir Engineers, Inc. 6. Zachary Johnson, Hawkins -Weir Engineers, Inc. 7. Josh Durham, Hawkins -Weir Engineers, Inc. ii. Vendors: 1. Goins Enterprises 2. KAJACS 3. Privcon Developments Inc. 2. Specifications: The following are changes/additions to the Detailed Specifications: a. SPECIFICATIONS —SECTION 01010, SPECIAL CONDITIONS i. Add the following paragraph to Section 1.03 AMERICAN MADE MATERIALS after paragraph A, to read as follows: B. The attached Arkansas Department of Transportation Special Provision for BUY AMERICA— CONSTRUCTION MATERIALS shall be included by reference in the Specifications under this section (see Attachment B). ii. Add the following paragraphs to Section 1.07 TECHNICAL DATA after paragraph A to read as follows: B. The attached soil boring logs are included with this addendum for review in accordance with the caveats identified in the Specifications (see Attachment Q. C i r v o f F a v e t t e v i I I e, A R B i d )_ 3 -4 4, A.d d e n d u rr 1 Page 13 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 b. SECTION 02517 — POLYVINYL CHLORIDE (PVC) PRESSURE PIPE i. Add the following paragraph to Section 2.01 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS after paragraph K to read as follows: L. The specified 18-inch water main pipe shall be Certa Lok RJIB DR 18 or approved equal. c. SECTION 02531—SANITARY SEWER MANHOLES, FRAMES, AND COVERS i. Add the following paragraph to Section 2.04 ANTIMICROBIAL CONCRETE ADMIXTURE after paragraph B to read as follows: C. The combined use of Penetron Admix SB and Penetron BioMIC solutions AEM5772 is an approved alternative. d. SECTION 02682 — BYPASS PUMPING OF SANITARY SEWER i. SPECIFICATION SECTION 02682, BYPASS PUMPING OF SANITARY SEWER, is added in its entirety, and should be used in the preparation of bid (see Attachment D). 3. Plan Sheets: The following are changes/additions to the Plan Sheets/Drawings: a. DRAWINGS —SHEET 2, GENERAL CONSTRUCTION NOTES i. Revise Item 22 of the General Notes — Miscellaneous to read as follows: 1. The contractor shall complete the relocation of the water and sewer under 151h Street from Right of Way to Right of Way. Due to ARDOT's schedule, the contractor may be required to work on both the water and sanitary sewer relocation at the same time. b. DRAWINGS —SHEET 4, WATERLINE PLAN AND PROFILE STA 0+80 TO 6+00, and SHEET 7, WATER LINE PLAN AND PROFILE STA 16+00 TO END, see Attachment E for revised details: i. See attached Attachment E for the revised connection of the proposed 18-inch water main to the existing 24-inch water main. The proposed 18-inch connection to the existing 24- inch water main shall include a 24" X 18" reducer. The weight for this fitting was included in the Ductile Iron Fittings bid item. c. DRAWINGS — SHEET 18, MISCELLANEOUS DETAILS V, see Attachment F for revised details: i. See Attachment F of this addendum for the revised carrier and casing sizes table in the encasement pipe detail C502. The table references 0.500 casing wall thickness for a 36-inch encasement. The casing wall thickness for 36-inch encasement for this project shall be 0.625 wall thickness. 4. Questions: The following questions were received and have been answered by the responsible department: a. Question: Are there any geo reports available? i. Answer: Yes, please see the reports attached to this addendum. City of Fayetteville, AR Bid 2 3 -44, Addendum. 1 Page 213 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 b. Question: Regarding Line Item #11, is there a reason it's listed as a lump sum quantity and not priced by the cubic yard? i. Answer: This was intentional. Bidder may go to the site and look at town branch, conduct spot digs if so desired, review soil borings, and conduct drilling if they so choose to. The bidder can calculate the quantity of rock, size of machinery (equipment), labor, and profit for the lump sum bid item. 5. Clarifications: a. Access to parking during construction is available at 15th Street and Futrall Drive. Contractor shall not use Best Western's parking lot for parking or access. 6. Addendum Attachments: a. Attachment A: Pre -Bid Sign -In Sheet and Summary b. Attachment B: ARDOT Special Provision — Build America Buy America c. Attachment C: Soil Boring Logs d. Attachment D: Section 02682 — Bypass Pumping of Sanitary Sewer e. Attachment E: Plan/Drawing Sheet 4 & 7 f. Attachment F: Plan/Drawing Sheet 18 City of F a y e t t e v i l le, AR Bid 2 3- 4 4, Addendum 1 Page 313 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Bid 23-44, Addendum 2 Date: Wednesday, November 1, 2023 To: All Prospective Vendors CITY OF W;M FAYETTEVILLE ARKANSAS From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.p_ov RE: Bid 23-44, Construction — MLK Interchange Utility Relocations (15th Street), Phase 1 This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERS SHALL ACKNOWLEDGE THISADDENDUM ON THE DESIGNATED LOCH TION ON THE BID FORM. 1. Specifications: The following are changes/additions to the Detailed Specifications: a. SPECIFICATIONS —SECTION 00400, BID FORM (pages 27-38 of Project Manual) i. The revised Bid Form shall replace the original Bid Form in its entirety (see Attachment A of this addendum). b. SPECIFICATIONS —SECTION 01271, MEASUREMENT AND PAYMENT (pages 149-170 of Project Manual) i. The revised Measurement and Payment shall replace the original Measurement and Payment in its entirety (see Attachment B of this addendum). 2. Line Item Pricing: There have been edits and additions made to the Line Item Pricing. Also, please advise, the order of the Line Items has also been adjusted. Please refer to the 'Line Items' tab on the online bidding portal for these revisions. 3. Addendum Attachments: a. Attachment A: Revised SECTION 00400, BID FORM b. Attachment B: Revised SECTION 01271, MEASUREMENT AND PAYMENT C i t y o f F a y e t t e v i l l e, A R B d 2 3 - 4 4 , A, d d e n d u m 2 a t e 1 I 1 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 1411 HAWKI N S AWE I R E N G I N E E R S, I N C. Engineering Client Success December 04, 2023 Mr. Corey Granderson, P.E. Utilities Engineer City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Utility Relocation 1-49/15th Street Interchange Project No. 23-44 HW Project No. 2022129 Dear Mr. Granderson: As you are aware, on November 7, 2023, at 2:00 p.m. bids were received for the above referenced project. The apparent low bid was submitted by Privcon Development, Inc. of Jacksonville, Arkansas in the amount of $2,837,626.49. Privcon withdrew their bid on November 29, 2023. Brothers Construction Inc. is the apparent low bidder. A total of five (5) bids were received and the totals are shown below: Bid Amount Privcon Development, Inc. $2,837,625.49 — Bid withdrawn on 11i29/23 Brothers Construction Inc. $3,963,291.00 KAJACS Contractors, Inc. $4,000,000.00 Timco Blasting & Coatings Inc. $6,418,600.00 Tri Star Contractors LLC $9,688,990.86 We have reviewed the Certified Bid Tabulation prepared by the City of Fayetteville, and we recommend that the City of Fayetteville award a contract for the project to Brothers Construction Inc. in the amount of $3,963,291.00. We have worked with Brothers Construction Inc. on past projects and their performance to date has been satisfactory. We understand you will present the bid tabulation and our recommendation to the City Council of the City of Fayetteville for their consideration at the December 2023 or January 2024 meeting. We will attend the meeting if necessary and be available to answer any questions. We trust that this is satisfactory for your review and consideration. If you have any questions, or require any additional information, please do not hesitate to call. Sincerely, HAWKINS-WEIR ENGINEERS, INC. Oren Noble, P.E. CON/clk 110 So. 7th Street • P.O. Box 648 • Van Buren, AR 72957 • Pli: (479) 474-1227 • Fax: (479) 474-8531 211 Natural Resources Drive • Little Rock, AR 72205 • Ph: (501) 374-4846 516 East Millsap Road • Suite 103 • Fayetteville, AR 72703 • Ph: (479) 455-2206 403 Garrison Avenue Suite 101 • Fort Smith, AR 72901 • Ph: (479) 242-4685 www.hazukins-weir.coin 2022129\CG120423ON Letter of Recommendation.dou ARKANSAS DEPARTMENT OF TRANSPORTATION YOF ARDOT.9ov I IDriveArkansas.conn Lorie H. Tudor, P.E., Director KANSAS DEPARTMENT 10324 Interstate 30 1 P.O. Box 2261 Little Rock, AR 72203-2261 TRANSPORTATION Phone:501.569.2000 1 Voice/TTY 7111 Fax:501.569.2400 December 12, 2023 Mr. Corey Granderson City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72703 RE: Job 040846 (Utilities) Hwy. 62 Intchng. Impvts. (Fayetteville)(F) Route 1-49 Section 28 Washington County Dear Mr. Granderson: Your consultant's letter dated November 9, 2023, transmitted copies of bids and the bid tabulation sheet covering work to be performed on the above captioned job. The letter requested that the Department concur in the award of the contract to the low bidder, Privcon Developments, Inc., who has since withdrawn their bid. Your letter dated December 5, 2023 requested that the Department concur in the award of the contract to the next low bidder, Brothers Construction Inc. in the amount of $3,963,291.00. The bids have been checked and we concur in the request to award the contract to the named contractor. Enclosed is Change Order Two reflecting this low bid which was approved on December 11, 2023. This is your authorization to proceed with the execution of the contract covering the adjustment work. Please furnish this office two (2) copies of the contract specification complete with the executed contract agreement. Upon receipt of these documents and finding them in order, a work order covering the adjustments will be issued. Work under this contract shall not be started prior to the issuance of the work order. C: "C" Files District Engineer Resident Engineer #43 "U" File Hawkins -Weir Job Filcs\Job #\Utility\Authorization to Bid Sincerely, Keith Mashburn Utility Coordinator Utilities Section Right of Way Division Revised August 8, 2017 ARKANSAS STATE HIGHWAY COMMISSION UTILITY CHANGE ORDER UTILITY City of Fayetteville CHANGE ORDER NO. One JOB NO. 040846 FAP NO. ROUTE 1-49 COUNTY Washington NHPP-9142(51) JOB NAME Hwy. 62 Intchng. Impvts. SECTION 28 (Fayetteville)(F) DESCRIPTION OF CHANGE: Update Construction Cost from the amount entered on the agreement of $4,367,875.00 to the low bid amount of $2,837,625.49, which results in a decrease of $1,530,249.51. REASON FOR CHANGE: Update Construction Cost based on low bid received. Review by coordinator shows minor change in quantities. Item Description Present Amount Revised Amount Increase (Decrease) Phase I Phase I Construction $4,367,875.00 $2,837,625.49 ($1,530,249.51) Preliminary Engineering $544,550.00 $544,550.00 $0.00 Construction Engineering $294,800.00 $294,800.00 $0.00 Easement Acquisition $99,021.00 $99,021.00 $0.00 Advertising $1,000.00 $1,000.00 $0.00 ADH Review Fee $500.00 $500.00 $0.00 $0.00 TOTAL $5,307,746.00 $3,777,496.49 ($1,530,249.51) COMPUTATION OF REIMBURSABLE AMOUNT: Reimbursable Percentage: 100.00% Present Amount $5,307,746.00 Reimb. % 100.00% $5,307,746.00 Revised Amount $3,777,496.49 IReimb. % 100.00% $3,777,496.49 Underrun ($1,530,249.51) Requested Coordinator Recommended 56.4� aa4,;t �& Section Head-Utili66s Section Approved 1 I t Right of ray Division ;ad Authorized ��- Asst. Chief ,sneer -Design Date 11-15-2023 Date 11-15-2023 Date 11 /15/2023 Date 11-16-2023 Job Files\Job #\Funding ARKANSAS STATE HIGHWAY COMMISSION UTILITY CHANGE ORDER UTILITY City of Fayetteville CHANGE ORDER NO. Two JOB NO. 040846 FAP NO. ROUTE 1-49 COUNTY Washington NHPP-9142(51) JOB NAME Hwy. 62 Intchng. Impvts. SECTION 28 (Fayetteville)(F) DESCRIPTION OF CHANGE: Update Construction Cost from the amount entered on change order one of $2,837,625.49 to the revised amount of $3,963,291.00, which results in an increase of $1,125,665.51. REASON FOR CHANGE: Update Construction Cost due to the low bid contractor being unable to fulfill the contract requirements. The revised Construction Cost is based on the second low bid, as recommended by the Owner. Item Description Present Amount Revised Amount Increase (Decrease) Phase I Phase I Construction $2,837,625.49 $3,963,291.00 $1,125,665.51 Preliminary Engineering $544,550.00 $544,550.00 $0.00 Construction Engineering $294,800.00 $294,800.00 $0.00 Easement Acquisition $99,021.00 $99,021.00 $0.00 Advertising $1,000.00 $1,000.00 $0.00 ADH Review Fee $500.00 $500.00 $0.00 $0.00 TOTAL $3,777,496.49 $4,903,162.00 $1,125,665.51 COMPUTATION OF REIMBURSABLE AMOUNT: Reimbursable Percentage: 100.00% Present Amount $3,777,496.49 Reimb. % 100.00% $3,777,496.49 Revised Amount $4,903,162.00 IReimb. % 100.00% $4,903,162.00 Overrun $1,125,665.51 Requested Coordinator Recommended'F&Z�"- Section Head-U g ities Section Approved 1 �2- L . l Right of WV ay Division Hea Authorized Asst. Chief 11 ,per -Design Date 12-5-2023 Date 12-6-2023 Date 12/6/2023 Date 12-11-2023 Job Files\Job #\Funding Rev. 11 /09/2022 ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT State Job No 040846 (Utilities) County Washington Federal Aid Project NHPP-9142(51 Job Location Hwy. 62 Intchng. Impvts. (Fayetteville)(F) Route 1-49 Section 28 Utility Owner City of Fayetteville THIS AGREEMENT, made andentered into this 12th day of September, 2023, by and between the Arkansas State Highway Commission, acting by and through the duly authorized representatives of the Arkansas Department of Transportation, with headquarters at Little Rock, Arkansas, hereinafter referred to as the "Department," and the City of Fayetteville, Arkansas acting by and through its duly authorized representatives, hereinafter referred to as the "Owner" WITNESSETH: The Department proposes to make highway improvements as specified under the above referenced job number and the Owner will adjust or relocate its existing facilities as set out in the attached plans and cost estimate. The Department will participate in the cost of said adjustment/relocation to the extent that eligibility is hereinafter established. Payment will be made on actual cost basis as mutually agreed between Owner and Department. This agreement is governed by all applicable State and Federal laws, rules, and regulations including the Arkansas State Highway Commission Utility Accommodation Policy adopted by Commission Minute Order 2010-146 as amended and supplemented, the Federal Aid Program Guide on Utility Adjustments and Accommodation on Federal Aid Highway Projects as amended and supplemented, and the provisions of 23 CFR § 645 as amended and supplemented. DESCRIPTION OF WORK: See Exhibit A on Page 4 The Department agrees that the required adjustment is 100% eligible for reimbursement for the total cost which is estimated to be $5,307,746.00 of which $5,307,746.00 is to be paid by the Department and $0.00 is to be borne by Owner. Page 1 of 4 Rev. 08/07/2017 Job 040846 City of Fayetteville Owner will not commence work until authorized by the Department, and will then endeavor to begin within 180 calendar days and complete within 300 calendar days thereafter. On completion of said work, Owner is responsible for the cleanup and restoration of the work area including the disposal of surplus materials and debris. Final billing must include all supporting detail. Owner shall also submit one (1) set of as -built drawings at this time. Payment will be 100% of lump sum bills and actual cost bills, at the discretion of the Department a 10% retainage can be withheld and released upon completion of an audit review. All final bills for utility relocation are subject to review and audit by state and/or federal auditors. Expenses incurred under an actual cost agreement may be billed to the Department monthly in increments of $5,000.00 or more. Owner must maintain cost records and accounts to support the agreed adjustment/relocation work. Said records to be retained and available for inspection for a period of three (3) years from date of final payment. Owner shall be responsible for any and all hazards to persons, property, and traffic. With respect to traffic control, Owner shall adhere to the requirements of the Manual of Uniform Traffic Control Devices as amended and supplemented. To the extent applicable to this agreement, the Owner shall comply with the Buy America and Build America, Buy America requirements (as specified in 23 U.S.C. 313, 23 CFR 635.410 and the Infrastructure Investment and Jobs Act (IIJA)). The Owner is not required to change its existing standards for materials as long as these requirements are met. These requirements take precedence over regulations pertaining to the accommodation or regulation of the Owner's facilities (as specified in 23 CFR 645) on contracts and agreements involving Federal -Aid Highway Program funding and precedence over regulations which allow the Owner to furnish materials from company stock (as specified on 23 CFR 645.117(e)). Company Stock materials that do not meet these requirements may not be permanently incorporated into a Federal -Aid Highway Program funded project. The Owner must provide a definitive statement that all products permanently incorporated into the project are covered under these requirements. This requirement is fulfilled via proper signature and submission of the statement of charges form. In some circumstances, a waiver of these requirements may be granted by the Federal Highway Administration, to be determined on a project -by -project basis. Page 2 of 4 Rev. 08/07/2017 Job 040846 City of Fayetteville Owner shall be responsible for and shall hold harmless the Arkansas State Highway Commission, the Department and their officers and employees from any and all claims, actions, causes of action, suits, damages, losses or liability whatsoever, arising out of Owner's performance of the work subject to this Agreement. Notwithstanding anything hereinbefore written, neither the Owner nor the Department by execution of this Agreement waives or relinquishes any rights which either may legally have within the limits of the Law or Constitution, either State or Federal. City of Fayetteville L.1one ld .Ibrdan Name (Typed or Printed) Title ARKANSAS HIGHWAY COMMISSION Acting By and Through The ARKANSAS DEPARTMENT of TRANSPORTATION (For) Dir -ir ) �Q -:- 7. � Right of Way Division Head ature j / for Section Head -Utilities Section FEDERAI_ TAXPAYER IDENTIFICATION # )<u a dtx+-D+n Name (Typed or Printed) �111111111 -TUI K i r Title �.�`�G•' •�T Y • R� . •n Signature Y�TVt �': Page 3 of 4 Rev. 08/07/2017 Job 040846 City of Fayetteville EXHIBIT A This agreement has been prepared to address the Phase 1 (15th St. Relocation) portion of this project. Phase II (Hwy. 62 Relocation) portion will be included via change order at a later date. Adjust water facilities to clear highway construction by abandoning 1,260 LF of 24" water main complete with appurtenances. Restore service by installing 2,014 LF of 18" water main complete with appurtenances. Adjust sewer facilities to clear highway construction by abandoning 400 LF of 24" sewer main and 778 LF of 12" sewer main complete with appurtenances. Restore service by installing 399 LF of 30" sewer main, 15 LF of 24" sewer main, and 216 LF of 12" sewer main complete with appurtenances. All of the facilities to be abandoned are located on private property; therefore, this work is 100% reimbursable. Owner will perform this work by competitively bid contract forces. Owner has elected to utililize O.R. Colan for easement acquisition services, as allowed under the existing CMGC contract for this project. Summary of Cost Construction $ 4,367,875.00 Preliminary Engineering $ 544,550.00 Construction Engineering $ 294,800.00 Easement Acquisition $ 99,021.00 Advertising $ 1,000.00 ADH Review Fee $ 500.00 TOTAL COST $ 5,307,746.00 Reimbursable Cost $5,307,746.00 X 100% _ $5,307,746.00 Page 4 of 4 Mashburn, Keith A. From: Granderson, Corey <cgranderson@fayetteville-ar.gov> Sent: December 5, 2023 4:24 PM To: Mashburn, Keith A. Cc: Oren Noble Subject: MILK 15th Street Area - Fayetteville Bid Award Attachments: Bid 23-44, Bid Tab - Final.pdf, RE: Privcon Bid for 1-49/15th Street Interchange Utility Relocation; Bid Withdrawal for Bid 23-44 CAUTION: This email originated from outside of ARDOT. Do not click links or open attachments unless you recognize the sender and know the content is safe. Keith, PrivCon Developments, Inc. was low -bidder at $2,837,625.49 but their bonding company would not bond the project due to discrepancy in cost to next low bidder and engineer's estimate. Therefore the next low bidder is Brothers Construction, Inc. with a bid of $3,963,291.00. The updated Bid Tabulation from our Purchasing Department is attached. Privcon's insurance provider (Kevin Bruick @ Cadence Insurance) has provided email correspondence explaining the bonding rejections. Furthermore, the owner of Privcon, Jerry Smith, Jr. has formally requested the withdraw for these reasons. Both of these emails are attached for reference. If you need anything further don't hesitate to ask. Thanks for your assistance. Best, Corey W. Granderson, P.E. Utilities Engineer City of Fayetteville, Arkansas carandersonBfavetteville-ar.aov 479.444.3452 www.fayetteville-ar.gov CITY OF PAYETTSVILLS •RKANSAS