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HomeMy WebLinkAbout81-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 81-24 File Number: 2024-1750 KAJACS CONTRACTORS, INC. (UTILITY RELOCATIONS): A RESOLUTION TO AWARD BID #24-22 AND AUTHORIZE A CONTRACT WITH KAJACS CONTRACTORS, INC. IN THE AMOUNT OF $4,349,500.00 FOR CONSTRUCTION OF WATER AND SEWER UTILITY RELOCATIONS ALONG HIGHWAY 16, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $435,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 #24-22 and authorizes Mayor Jordan to sign a contract with Kajacs Contractors, Inc. in the amount of $4,349,500.00 for the construction of water and sewer utility relocations along Highway 16, and further approves a project contingency in the amount of $435,000.00 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. PASSED and APPROVED on March 5, 2024 Page 1 Attest: ,\3 Y o c,* . i �. FAYET-IEVILLE;)u " CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 5, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO 2024-1750 THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Bid 24-22, Kajacs Contractors, Inc. — Construction Contract for Highway 16 East Utility Relocations (ArDOT Project 040785) RECOMMENDATION: Staff recommends awarding Bid 24-22 and approving a construction contract with Kajacs Contractors, Inc. in the amount of $4,349,500.00 for construction of water and sewer utility relocations associated with ArDOT Project 040785, approval of a project contingency in the amount of $435,000.00, and approval of a Budget Adjustment recognizing revenue in the amount of $1,755,876.93. BACKGROUND: On January 24, 2024 the City of Fayetteville accepted sealed competitive bids for the Highway 16 East Utility Relocations project. Kajacs Contractors, Inc. submitted the lowest bid. All bids are shown here: KAJACS Contractors, Inc. $4,349,500.00 Tri Star Contractors $4,465,992.19 Brothers Construction, Inc. $5,693,191.00 DISCUSSION: The Arkansas Department of Transportation has requested utility relocations to prepare for the widening of Highway 16 from Stone Bridge Rd. to Roberts Rd. The relocations are 42.49% reimbursable to the City of Fayetteville by ARDOT based on the previously approved Relocation Agreement (Resolution 134-23). Betterments are being constructed to upgrade the 8-inch waterline to 18-inch diameter per existing master plans to ensure long-term capacity is available to the Elkins area. Below is a summary of expenses and the reimbursement calculation: Total Est. Project Cost per Relocation Agreement (Construction, Engineering, Easements) $5,032,412.48 Betterments Sub Total ($899,965.00) $4,132,447.48 ArDOT Reimbursement (42.49% of Sub Total) $1,755,876.93 City Project Cost (remainder of Sub Total) $2,376,570.55 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Total City Project Cost including Betterments $3,276,535.55 BUDGET/STAFF IMPACT: Funds are available for this project in the Water/Sewer Relocations account. PURCHASE ORDER DETAILS: GL ACCOUNT PROJECT AMOUNT 5400.720.5600-5808.00 11011.2102 $3,262,125.00 5400.720.5700-5815.00 11011.2102 $1,087,375.00 TOTAL $4,349,500.00 ATTACHMENTS: SRF (#3), BA (#4), Bid 24-22 Bid Tab - Final (#5), Bid 24-22 Submittal - Kajacs Contractors Inc. - E (#6), Bid 24-22 Agreement (#7) 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 #: 2024-1750 Bid 24-22, Kajacs Contractors, Inc. — Construction Contract for Highway 16 East Utility Relocations (ArDOT Project 040785) A RESOLUTION TO AWARD BID #24-22 AND AUTHORIZE A CONTRACT WITH KAJACS CONTRACTORS, INC. IN THE AMOUNT OF $4,349,500.00 FOR CONSTRUCTION OF WATER AND SEWER UTILITY RELOCATIONS ALONG HIGHWAY 16, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $435,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 #24-22 and authorizes Mayor Jordan to sign a contract with Kajacs Contractors, Inc. in the amount of $4,349,500.00 for the construction of water and sewer utility relocations along Highway 16, and further approves a project contingency in the amount of $435,000.00 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. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-1750 Item ID 3/5/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/14/2024 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid 24-22 and approving a construction contract with Kajacs Contractors, Inc. in the amount of $4,349,500.00 for construction of water and sewer utility relocations associated with ArDOT Project 040785, approval of a project contingency in the amount of $435,000.00, and approval of a Budget Adjustment recognizing revenue in the amount of $1,755,876.93. 5400.720.5600-5808.00 Account Number 11011.2102 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: Budget Impact: Water and Sewer Fund Utility Relocates-HWY 16 from Stone Bridge Rd to E Roberts Rd Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 9,684,408.00 $ 6,580,889.46 3,103,518,54 $ 4,784,500.00 $ 1,755,877.00 74,895.54 Previous Ordinance or Resolution # Approval Date: V20221130 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) budget Year Division Adjustment Numner WATER SEWER (720) /org2 2024 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adustment is needed in the Water Sewer Relocations project for the cost of the construction contract with Kajacs Contractors, Inc. Contract is for construction of water and sewer utility relocations associated with ArDOT Project# 040785 for Highwasy 16 East Utility Relocations from Stonebridge Rd to E Roberts Rd. Project is 42.49% reimbursable to the City by ArDOT. RESOLUTION/ORDI NANCE COUNCIL DATE: 3/5/2024 ITEM ID#: 2024-1750 Nolly Black 217512024 4:70 P/VI Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL 1,755,877 1,755,877 v.2024116 Increase /(Decrease) Account Number Expense Revenue Project.Sub# Project Sub.Detl AT Account Name 5400.720.5600-5808.00 3,262,125 - 11011 2102 EX Improvements -Water Line 5400.720.5600-5911.99 5400.720.5700-5815.00 326,250 1,087,375 - 11011 - 11011 2102 2102 EX EX Contingency - Capital Project Improvements - Sewer 5400.720.5700-5911.99 5400.720.5600-4309.00 108,750 - - 11011 1,404,702 11011 2102 2102 EX RE Contingency - Capital Project Federal Grants - Capital 5400.720.5700-4309.00 5400.720.5600-5808.00 - (1,388,894) 351,175 11011 - 11011 2102 1 RE EX Federal Grants - Capital Improvements - Water Line 5400.720.5600-5314.00 5400.720.5600-5810.00 (890,000) (530,700) - 11011 - 11011 1 2001 EX EX Professional Services Easements 5400.720.5600-5808.00 5400.720.5600-5314.00 (67,814) (151,215) - 11011 - 11011 2001 2001 EX EX Improvements - Water Line Professional Services I of 1 Aft CITY OF .� FAYETTEVILLE ARKANS A RKANSAS B"Ou"Es un0a Bid 24-22, Construction - Hwy. 16 East Utility Relocations SSEAo11.1 Weaneseay,lanua124,3034,c2:WpM urcm¢nen or Eunaea4,BBB,BBBnorss,wv.cvvo av [n�nmun».el Kajacs Contractors Inc. 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W $S1,W].W $31,403.0] 56 arDeals Fence ) EA $&W]De SPAPDRIPS, $3.335M licul $23,3]S.00 $6.3W.W $43,403.03 57 Sewer an, Pier Supports 4 $IOM.W W $SSISO3 $29]W.W $3B.N].W $112,494. 5B See B-SOP 26 t)6 LF is $115.W l"Ade" $$21... $303,B93.]5 $1g3W $333,494Ap 59 B'ISO oortiordMain DIP 17 LF IISROSS $3&4WCU R,,Dp5 $14&Og $3Y]YM $365W $43,340.03 60 oW Jand Mam 4's o, Drod Men M1ole EA $115W.W $S.'ea .W $$21,11pal $12,SOROd $309,1N.0] 63 6'EPotyllmtl Menhnle I 3 FA $$7,W3.W $X.0]O.W ISSIRS03 $3G925.M $38,001 $32,19D. $45,Po3.W 63 To promact sting5¢ner ..In 4 W $3B,IXO.W $9,SWW $23,75al $33.fl50.W $M'... 63 Abandon nbe- Sewer MenMle rshol, 30 FA S'sone $1175S $$I..W $3,3)S.W $33,)SO.W $3.4]5.p] $39]50.03 W nISSAb Manhole 4 co 5... 53,56250 $1,135.00 $3,6tll.Ol $S1M.M 65 Maln .I.Be $;3WW $93CO.W $3,330W $33,930 CO $3p)n.W R"Broon 66 4-Raper Icyleal, 4"Sewer SeM¢Tap $5.600.03 $1,530.W $1y1E0.[O $650 $5,3 67 XwerX.1Is pout UVOODSpi 1.1. $g,60.W $2,111.01 $..,Iles $550 $55 W _ Tle rv1¢lo Exl 5ewxrXrvl¢ SO $3,S.. $11gpL0 $3,$1, $3]. 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Supplier Response Event Information Number: Bid 24-22 Addendum 4 Title: Construction - Hwy 16 East Utility Relocations Type: Invitation to Bid Issue Date: 12/31 /2023 Deadline: 1/24/2024 02:00 PM (CT) Notes: The City of The City of Fayetteville is accepting sealed bids from properly licensed firms for the relocation of various water mains and sanitary sewers along Arkansas Highway 16. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfussCa�fayettevil le-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: Kajacs Contractors Inc. Bid 24-22 Addendum 4 Kajacs Contractors Inc. Information Contact: Michael Titsworth Address: 3401 W. 65th St. Little Rock, AR 72209 Phone: (573) 785-1745 Email: mtitsworth@kajacs.com Web Address: www.kajacs.com By submitting your response, you certify that you are authorized to represent and bind your company. Michael Titsworth mtitsworth@kajacs.com Signature Email Submitted at 112412024 12:16:41 PM (CT) Requested Attachments Bid 24-22, Required Signature Forms 24.22 REQUIRED SIG FORMS.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 24-22, Bid Bond 24.22 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: 41a1456278586a9 2 Arkansas Contractor License Number: 0049950324 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. W Yes, I agree ❑ No, I don't agree Page 2 of 8 pages Vendor: Kajacs Contractors Inc. Bid 24-22 Addendum 4 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. ❑✓ 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. 2 1 agree Bid Lines 9 18-inch DR-14 PVC C900 Water Main Quantity: 3281 UOM: LF Price: $205.00 Total: $672,605.00 1 18-inch DR-14 PVC C900 Restrained Joint Water Main 0 Quantity: 1000 UOM: LF Price: $275.00 Total: $275,000.00 Page 3 of 8 pages Vendor: Kajacs Contractors Inc. Bid 24-22 Addendum 4 2 6" Tapping Sleeve and Valve w/ Box 6 Quantity: 1 UOM: EA Price: $5,500.00 Total: $5,500.00 Page 4 of 8 pages Vendor: Kajacs Contractors Inc. Bid 24-22 Addendum 4 4 6"xl" Service Tap 2 Quantity: 4 UOM: EA Price: $700.00 Total: $2,800.00 Page 5 of 8 pages Vendor: Kajacs Contractors Inc. Bid 24-22 Addendum 4 5 8" SDR-26 PVC Sewer Main 8 Quantity: 1717 UOM: LF Price: $115.00 Total: $197,455.00 Page 6 of 8 pages Vendor: Kajacs Contractors Inc. Bid 24-22 Addendum 4 7 Gravel Driveway 4 Quantity: 1 UOM: LS Price: $12,500.00 Total: $12,500.00 Page 7 of 8 pages Vendor: Kajacs Contractors Inc. Bid 24-22 Addendum 4 7 16-inch Min. Diameter Steel Encasement by Open Cut 5 Quantity: 41 UOM: LF Price: $425.00 Total: $17,425.00 7 Grout Fill Abandoned Lines 6 Quantity: 7000 UOM: LF Price: $25.00 Total: $175,000.00 Response Total: $4,349,500.00 Page 8 of 8 pages Vendor: Kajacs Contractors Inc. Bid 24-22 Addendum 4 DOCUMENT 00 43 13 — BID BOND KNOW ALL MEN BY THESE PRESENTS: that we KAJACS Contractors, Inc. 3026 Cravens Road, P.O. Box 969 Poplar Bluff, MO 63901 as Principal, hereinafter called the Principal, and United Fire & Casualty Company P.O. Box 73909 Cedar Rapids, IA 52407-3909 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of Five Percent of the Total Amount Bid Dollars ($ 5% of the T.A.B ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: FAYETTEVILLE HWY 16 EAST UTILITY RELOCATIONS NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance 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 Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 21-2121 1 of 2 Section 00 43 13 12/7/23 Bid Bond DOCUMENT 00410 —BID BOND (continued) Signed and sealed this24th day of January 2024 PRINCIPAL (CORPORATE SEAL) KAJACS Contractors, Inc. ?1rQNJ- 4AA- SURETY United Fire & Casualty Company By Kerry A. Sherrod, Attorney -in -Fact J� ATTORNEY -IN -FACT (CORPORATE SEAL) �Y! . Kerry A. Sherrod (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) END OF DOCUMENT 00 43 13 BID BOND 21-2121 2 of 2 Section 00 43 13 12/7/23 Bid Bond • UNI I LD I IRI & CASUAL I Y (,OMI'ANY, CFDAR RAPIDS, IA inquiries: Sureh Department LiNITrD rlRr & iNDI MNiTY COMPANY, R EBSTFR, TX 118 Second A% a SE Ul 1 INANCiAL PACIFIC INSURANCL COMPANY, I OS ANGI I I S, CA Cedar Rapids, IA 52401 nsuRANCE 9 Cl RTIFIFD COPY OF POVI'ER OF ATTORNEY (original on file at I Ionic Office of Company — See Certification) KNOVt Al I PERSONS BY TT -II SI PRLSIITTS, Mat United 1 ire & Casualty Company, a corporation duly organved and existing under the laws of the State of Iowa: United Fire & indemnity Company, a corporation duly organ• ed and existing under the lam. s of die State of Texas and rmancial Pacific Insurance Company, a corporation duly organved and existing wider die laws of die State of California Oherem collectively called the Companies). and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint VICKIE J. NICKEL, LISA A. SUMMERS, SHAWN BYRNE, DAVID H. PARKHURST, REBECCA ANN LILLEY, KERRY A. SHERROD, EACH INDIVIDUALLY their true and lawful Attomey(�)-in-Fact with power and audhoriq hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no tingle obligation shall exceed $40, 000, 000. 00 and to bind the Companies thereby as fully and to the tame extent as if such Instruments -%ere signed b) die duly audhonied officers. of the Companies and all of die acts of said Attomey, pursuant to the authority hereby given and hereby ratified and confirmed The Authority hereby granted is continuous and shall rtmam In ftill force and effect until revoked by I united i ire & Casualty Company, United i ire & Indemnity Company, and rinancial Pacific Instirmhce Company This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by die Boards of Directors of l'nited Fire & Casualty Company, United rire & Indemnity Company, mid Fmancial Pacific Insurance Company "Article % 1 Sureh bonds and L ndertakings" Section 2, Appointment of Attomey-In-fact "The President or any \ tce President, or any otherolticerof the Companies may, from time to time, appoint by \\ niten certificates attorney s-m-fact to act in behalf of the Companies in the execution of policies of insurance, bondsundertakings and other obhgator) Instruments of like nature I' he signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to an)po\\cr of auome) or special you er of attorney or certification of either authorized hereb): such signature and seal, when so used, being adopted b) the Companies as the original signature of such officer and the onginal seal of the Companies, to be \slid and binding upon the Companies u till the same force and effect as though manually affixed Such attorneys-m-fact, subject to the limitations set of forth in their iv pccti\e certificates of authont) shall has a full po\\ cr to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto The President or any Vice President. the Board of Directors or any other officer of the Companies may at any time re%oke all po\\ er and authority previously gr en to an) attorney-m-fact IN \k t I'NI SS V1'HI RI OF, die COMPANIES have each caused these presents to be signed b� its vice president and its corporate seal to be hereto affixed t iq 10t h dad/ of November, 2017 111111NN// l4Mrlrl, a •cw�/ � 4 , 'ao" bl,niy*i fFr S Pv0 UNITTD 11RI & CASLAI TY COMPANY CON All, I ,k+Fo o UNITED F1RI & INDEMNITY COMPANY stir �g I FiNANCIAI. PACIFIC iNSURANCr COMPANY tt�� : ^///� //11 1iydo ,`�� 4T a <,,.r •fl rFCf `•e /t — +iy//� .urn ���• ''rigana It Mimo%`,06` '!.„ ••\ter (/ State of Iowa, County of I um, Ss. Vice President On 10th day of November, 2017, before me personally came Dennis J. Richmann to me known, %ho being b) me duly sworn, did depose and say, that he resides in Cedar Rapids, State of Iowa: that he IS d Vice President of United Tire & Casualty Company, a Vice President of United rrre & Indemnit) Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed die above instrument, that he knolls the seal of said corporations, that the seal affixed to the said insmanent is such corporate seal; that it was so affixed pursuant to authority gn en by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations IC JudithA Jones Iowa Notarial Seal Commission number 173041 Notate} Public MY Commission Expires 4/232024 r9 M) commission expires: 4/23/2024 I, Mar♦ A Bertsch, Assistant Secretat) of United lire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secrelm) of Financial Pacific Insuran a Company, do hereby certify that I have compared the foregoing copy of die Power of Attorney and affidavit, and die copy of the Section of die bylaws and resolutions of said Corporations as set forth In said Power of Attorney, %%ith die ORIGINALS ON PII L IN Till IIOMr OFFICE OF SAID CORPORA I'lOi\S, aid that the same are correct transcripts thereof, and of die whole of die said originals, and that die said Po%%er of Attorney has not been revoked and is now in full force and effect In testimony whereof i have herewno subscribed m) name and affixed the corporate seal oldie said Corporations this 24th day J January 20 24 • ``„�Pt,l lh„!rr�i+ aMo�ntn nN9i � \10*'NS0,?, a a` a ;Z-S% CCINPOIUIS L -r UNIWJItnlr SE ='f: i„LY p? �O'' Iy • _ t c _ •_ is q U • — DkAt �•u a yt'••p� \\�;•g� -40 Altiislan Secre)im 4Y alFOp `•TF • NI..,,¢I�,``�;��` �''�••TIRI� N111111,�,�� IJI &L & OF&I & I I'i( 111N '~'�'VIIh! ,I�,•\\\\\\\�\` BPOA0049 121- SECTION 00 41 43 - BID FORM Contract Name: Construction - Highway 16 Utility Relocations East Bid Number: 241-27— BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville. Arkansas 72701 BID FROM: Bidder: l��4J-4C S Lp 1r4e D/S T . 3S/o/ W G r S1. ARTICLE I- INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement %%ith 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 n ith 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 %%ith the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 00 41 13-1 21.2121 Highway 16 Utility Relocations Bid Form ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents. as more fully set forth in the Agreement, that: V Bidder has examined and carefully studied the Bid Documents. and the following Addenda, receipt of all which is hereby acknowledged: Number Date t2 _Zn/1 -0y A ?2-t 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 00 41 13-2 21-2121 Highway 16 Utility Relocations Bid Form 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 or date indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a financial institution located in the State of Arkansas or a Bid Bond and in the amount of rQ Rl/6tn l- Dollars ($_ r Zo ) B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Email P"Al k"'O"A K^d tC t. Age, Phone No. S-0/� 2I19- OGG r Fax No. S`73 - 19 -1 112.17 00 41 13-9 21-2121 Highway 16 Utility Relocations Bid Form ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. Arkansas State Contractor License No. VOYIM32V __ If Bidder is: An Individual Name (type or printed): By: (SEAL) (individual's Signature) Doing business as: Business address: Phone No: Fax No. Email Address: A Partnership Partnership Name: 14A (SEAL) By: (Signature of general partner -attach evidence of authority to sign) Name (type or pri Business address: Phone No: Email Address: Fax No. 00 41 13-10 21-2121 Highway 16 Utility Relocations Bid Form A Corporation or Corporate entity including Limited Liability Company (LLQ A( A� Corporation Name : ,4j,C. (SEAL) State of Incorporation: Type (General Business. Professional. Service. Limited Liability):_ �Orw d4Aal-� Corporate Tax ID Number: 0- id to 41Q 5/2 (Signature -attach evidence of authority to sign) Name (type or printed): t-Su a C.pL Title: OFY O,,�rg t.- �AA r'144-'� f. b.- (CORPORATE SEAL) Attest:— (Signature of Corporate Secretary) Business address:_ 311O/ W (yS ,f1. /.�/. Phone No: SO% j j(f- IDb L f Fax No. S 7?- 70 r' 4 2.? Email Address: I'%)l f fwo r k�m t^ j� Gt• GO— 21-2121 Highway 16 Utility Relocations 00 41 13-11 Bid Form DOCUMENT 00 43 14 — 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: Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value Clearing/Demolition %i.4-/.4-L S S WPPP/Erosion Control ��i¢ �� 6 Asphalt �,O�t G 0� S' F• ,/s�P K./ r�r''� Concrete /•% Cs Landscaping 94 [ t Material Testing z#75f • / /47 Other (designate) Xoelf.— g c 104"r? �D vpy� �i.re!n� f�7 72`}f G NOTE: This form must be submitted in accordance with the Instructions to Bidders. 1-� -.,� 436-2---- - Bidder's Signature 21-2121 1 of 2 Section 00 43 14 12/7/23 List of Subcontractors PO Box %9 Poplar Bluff, MO 639o2 November 2, 2018 Letter of Resolution 573-785-1745 (Fax) 573-785-6237 www kajacs.com 1, Aron Persons, President of 5 f :)ntractors, Inc. do hereby give Michael Titsworth, Project Manager/Estimator the a ority sign contracts on behalf of KAJACS Contractors, Inc. Aron Persons, President MyLynn Gargac, Corporate Secretary Equal Opportunity Employer Arkansas Secretary of State Mark Martin State Capitol Building • Little Rock, Arkansas 72201-1094 •501-682-3409 Certificate of Good Standing I, Mark Martin, Secretary of State of the State of Arkansas, and as such, keeper of the records of domestic and foreign corporations, do hereby certify that the records of this office show KAJACS CONTRACTORS, INC. formed under the laws of the state of Missouri, and authorized to transact business in the State of Arkansas as a Foreign For Profit Corporation, was granted a Application for Certificate of Authority by this office March 8, 1995. Our records reflect that said entity, having complied with all statutory requirements in the State of Arkansas, is qualified to transact business in this State. In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 25th day of January 2018. Mark Martin Secretary of State Online Certificate Authorization Code. 4lal456278586a9 To verify the Authorization Code, visit sos.arkansas.gov License No. 0049950324 Irc State of Arkansas Commercial Contractors Licensing Board KAJACS CONTRACTORS, INC., DB/A SEMPIPE PO BOX 969 POPLAR BLUFF, MO 63902 This is to Certify That KAJACS CONTRACTORS, INC., DB/A SEMPIPE is duly licensed under the provisions of Ark. Code Ann. § 17-25-101 et. seq. as 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 bid limit. from March 17, 2023 Until March 31, 2024 when this Certificate expires. Witness our hands of the Board, dated at North Little Rock, Arkansas CHAIRMAN SECRETARY March 17, 2023 - dsa DOCUMENT 00 10 40 — BIDDER'S QUALIFICATION STATEMENT Contract Name: FAYETTEVILLE HWY 16 EAST UTILITY RELOCATIONS Bid #: 24-22, Construction Date: t 12.4S4 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company K A, A C S Con4ru n a Name AILI, &P-1 71271 ry..,4, Address ��io( loi"�—" S�. L�'l{te po�LA4.1z o ) Principal Office d026 C-ravtni IQd, Po orAC W,0l9. Ggy01 Corporation, partn ship, individual, joint venture, other 0 4 rJ110^ Arkansas State General Contractor's License Number bo�Tgro3z� (Type or legibly print) EXPERIENCE STATEMENT Bidder has been engaged as a General Contractor in construction for 3y years and has performed work of the nature and magnitude of this Contract for 3 years. Bidder has been in business under its present name for 73:u years. 2. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) .�40016%,f d 3. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Has Bidder ever failed to cgmplete any project? If so, state when, where, and why. 21-2121 1 of 4 Section 00 10 40 12/27/23 Bidder Qualification Statement DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) Bidder normally performs the following work with his own forces: �fo.�. �rF� L�PAr 4 �� �•r�. �5��..�� 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: (4 Yot r l/Cy CT A ��K� 1c fey Bidder's Workmen's Compensation Experience Modifier Factor is: FINANCIAL STATEMENT B. 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: I . 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. 21-2121 2 of 4 Section 00 10 40 12/27/23 Bidder's Qualification Statement DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) 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: Judy-ment Creditors Where Docketed and Date Amount a. A11A $ b. Bidder hereby represents and warrants that all statements set forth herein are true and correct Date: V Z `'� 20 .r • r , �' i. ` (OFFICIAL SEAL) '� �,�,' 'f'• Name of Organization: By IV (Type or legibly print) (Signature) Title (Type or legibly print) (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) 21-2121 3 of 4 Section 00 10 40 12/27/23 Bidder's Qualification Statement i a JAB KAJACS Contractors, Inc 3026 Cravens Rd PO Box 969 Poplar Bluff MO 63902 573-785-1745 Owner: Texarkana Water Utilities Address: 801 Wood Street, Texarkana, TX 75501 Contact Name: Kenny Icenhower Telephone Number: 903-798-3819 Job Name: Hwy 71 Water Main Relocation Location: Texarkana, Arkansas Contract Amount: $4,249,500.00 Started: Projected 5/1/24 Complete: Pending Owners Representation: Spears Engineering Company Bidders Representation: Michael Titsworth PM Funding Agency: Texarkana Water Utilities Scope: 6500' of 42" DIP Water and Appurtenances Job Number: 554 Owner: Washington Water Authority Address: 3685 E. Heritage Pk , Farmington, AR 72730 Contact Name: Larry Gregory Telephone Number: 479-287-4677 Job Name: WWA Hwy 170 Water Relocation Location: Farmington, AR Contract Amount: $1,074,995.00 Started: 1 /29/2024 Complete: Pending Owners Representation: Garver Engineers Bidders Representation: Michael Titsworth PM Funding Agency: Washington Water Authority Scope: 2500' of 12" to 4" Water Relocation Job Number: 553 Owner: Town of Stanton Address: 8 Main Street, Stanton, TN 38069 Contact Name: Alan Sterbinsk , Mayor Telephone Number: 731-548-2565 Job Name: State Route 222 Sewer Line Location: Stanton, TN Contract Amount: $3,200,000.00 Started: 11/22/2023 Complete: Projected 4/15/24 Owners Representation: A2H Engineers - Travis Martin Bidders Representation: Rodger Williams, PM Funding Agency: City of Stanton Scope: 12,400' of 8" Gravity Sewer and 14,100' of 8" & 6" Force Main Job Number: 552 Owner: Little Rock Water Reclamation Authority Address: 11 Clearwater Drive, Little Rock, AR 72204 Contact Name: Quentin Nelson Telephone Number: 501-517-7972 Job Name: LRWRA Benny Craig Park Sewer Improvement Location: Little Rock, AR Contract Amount: $1,000,000.00 Started: 9/11/2023 Complete: Projected 2/15/24 Owners Representation: Arcadis Engineers Bidders Representation: Michael Titsworth PM Funding Agency: Little Rock Water Reclamation Authority Scope: 800' of 12" Gravity Sewer and Appurtenances Job Number: 551 Owner: City of Winona Address: Courthouse Square, Winona, MO 65588 Contact Name: Robert Summers, PE Telephone Number: 573-718-4627 Job Name: Manhole Repair Project Location: Winona, MO Contract Amount: $433,900.00 Started: 6/23/2023 Complete: 11/10/2023 Owners Representation: Robert Summers, PE Bidders Representation: Rodger Williams, PM Funding Agency: City of Winona Scope: Adjust approximately 152 manholes Job Number: 550 Owner: City of Hot Springs Address: PO Box 6300, Hot Springs, AR Contact Name: Todd Piller Telephone Number: 501-209-6973 Job Name: Contract D: Lake Catherine Crossing Location: Hot Springs, AR Contract Amount: $1,415,000.00 Started: 8/1 /2023 Complete: Projected 2/15/24 Owners Representation: Crist Engineers Bidders Representation: Phillip Wagner PM Funding Agency: City of Hot Springs Scope: 700' of 24" DIP Water Suspended Under Bridge Job Number: 549 Owner: Pike Creek Reorganized Sewer District Address: 4550 Hwy PP, Poplar Bluff, MO 63901 Contact Name: Larry Wells Telephone Number: 573-778-1321 Job Name: Pike Creek Emergency FM Location: Poplar Bluff, MO Contract Amount: $405,000.00 Started: 4/1 /2023 Complete: 8/1 /2023 Owners Representation: Robert Summers, PE Bidders Representation: Rodger Williams, PM Funding Agency: Pike Creek Reorganized Sewer District Scope: 5,450 LF of 10" SDR21 PVC Force Main Job Number: 548 Owner: Benton Washington Regional Public Water Authority Address: 15531 Woods Lodge Rd, Rogers, AR 72756 Contact Name: Matt Dunn Telephone Number: 501 664-1552 Job Name: Distribution System Imp. - Phase 1 B Location: Washington County. Arkansas Contract Amount: $12,676,125.00 Started: 9/1 /2023 Complete: In Progress Owners Representation: Matt Dunn. P.E Bidders Representation: Mike Titsworth, PM Funding Agency: Benton Washington Regional Public Water Authority Scope: 14,250 LF of 54" Welded Steel Water Pipeline Job Number: 547 Owner: Benton Washington Regional Public Water Authority Address: 15531 Woods Lodge Rd, Rogers, AR 72756 Contact Name: Matt Dunn Telephone Number: 501 664-1552 Job Name: Distribution System Imp. - Phase 1A Location: Washington County, Arkansas Contract Amount: $12,800,000.00 Started: 9/1 /2023 Complete: In Progress Owners Representation: Matt Dunn. RE Bidders Representation: Rodger Williams. PM Funding Agency: Benton Washington Regional Public Water Authority Scope: 18,000 LF of 54" Welded Steel Water Pipeline Job Number: 546 Owner: Cabot Water Works Address: 1 City Plaza, Suite B, Cabot, AR 72023 Contact Name: Tim Joyner Telephone Number: 501-743-2154 Job Name: Hwy 321 Sewer Extension Location: Cabot, AR Contract Amount: $3,061,222.50 Started: 5/1/2023 Complete: In Progress Owners Representation: Matt Dunn, PE Bidders Representation: Mike Titsworth PM Funding Agency: Cabot Waterworks Scope: 13,500 LF of 18"-8" Gravity Sewer Job Number: 545 Owner: Jackson Energy Authority Address: 250 N Highland Ave., Jackson, TN 38301 Contact Name: Jerry Caldwell, PE Telephone Number: 901-530-1805 Job Name: SF Sewer Interceptor Location: Jackson, Tn Contract Amount: $4,275,136.50 Started: 6/1 /2023 Complete: In Progress Owners Representation: Jerry Caldwell, PE Bidders Representation: Rodger Williams PM Funding Agency: Jackson Energy Authority Scope: 5,786 LF of 36" Gravity Sewer Job Number: 544 Owner: Bayou Meto Water Management District Address: 1300 N. Center St Ste 9, Lonoke, AR 72086 Contact Name: Daniel Hollinger, PE Telephone Number: 501-376-3633 Job Name: Bayou Meto Water Management District Orlicek 1&2 Sanda e 1 Pumping Sys. Location: Lonoke, AR Contract Amount: $2,378,200.00 Started: 2/1 /2023 Complete: 10/23/2023 Owners Representation: Daniel Hollinger, PE Bidders Representation: Phillip Wagner PM Funding Agency: Bayou Meto Water Management District Scope: 3 Pumping Systems with 13,000' of 24" Pipe Job Number: 543 Owner: City of Poplar Bluff, MO Address: 501 Vine St, Poplar Bluff, MO 63901 Contact Name: Jim McLeish, PE Telephone Number: 314-335-8640 Job Name: Drainage Improvements Location: Poplar Bluff, MO Contract Amount: $491,990.00 Started: 11/1/2022 Complete: 4/1/2023 Owners Representation: Jim McLeish, PE Bidders Representation: Rodger Williams PM Funding Agency: CBDG Scope: 1,200' of 48" & 200' of 36" RCP Drainage Pipe Job Number: 542 Owner: City of Sheridan AR Address: 106 West Bell St, Sheridan, AR Contact Name: David Fitzgerald Telephone Number: 870-942-6048 Job Name: Sheridan 24" Sewer Location: Sheridan AR Contract Amount: $475,000.00 Started: 11/1/2022 Complete: 6/15/2023 Owners Representation: David Fitzgerald Bidders Representation: Phillip Wagner PM Funding Agency: City of Sheridan Scope: 24" SEWER Job Number: 541 Owner: Redstond Construction Address: 505 West Dixon Rd, Little Rock, AR 72206 Contact Name: Andy Rose Telephone Number: 501-539-0828 Job Name: Project Repeat Site Utilities Location: North Little Rock AR Contract Amount: $2,605,574.00 Started: 11/30/2022 Complete: 4/15/2023 Owners Representation: Andy Rose Bidders Representation: Michael Titsworth PM Funding Agency: Self Scope: Water and Sewer Job Number: 540 Owner: Butler County PWSD # 3 Address: 3129 HWY AA, Poplar Bluff, MO 63901 Contact Name: Jim McLeish, PE Telephone Number: 314-335-8640 Job Name: Water Treatment Plant Imp. Location: Poplar Bluff, MO Contract Amount: $550,000.00 Started: 1 /1 /2023 Complete: 7/23/2023 Owners Representation: Jim McLeish, PE Bidders Representation: Rodger Williams PM Funding Agency: Butler County PWSD # 3 Scope: Water Treatment Plant Imp. Job Number: 539 Owner: Redstond Construction Address: 505 West Dixon Rd, Little Rock, AR 72206 Contact Name: Andy Rose Telephone Number: 501-539-0828 Job Name: Project Repeat Site De -Water Location: North Little Rock AR Contract Amount: $613,200.00 Started: 8/1 /2022 Complete: 11/30/2022 Owners Representation: Andy Rose Bidders Representation: Michael Titsworth, PM Funding Agency: Self Scope: De -Water Wells and piping Job Number: 538 Owner: Big Springs Utilities Address: Van Buren, MO Contact Name: Conor Malane Telephone Number: 847-344-0452 Job Name: Big Springs Utilities Location: Van Buren, MO Contract Amount: $8,908,250.00 Started: 7/1 /2022 Complete: TBD Owners Representation: Conor Malane Bidders Representation: Rodger Williams PM Funding Agency: NPS Scope: Utilities Job Number: 537 Owner: City of Pi oft, AR Address: 194 W Court, Pi oft, AR 72454 Contact Name: Greg Bell, PE Telephone Number: 573-785-9621 Job Name: Wastewater Imp. Location: Pi oft, AR Contract Amount: $1,104, 835.00 Started: 5/25/2022 Complete: 3/1/2023 Owners Representation: Greg Bell, PE Bidders Representation: Rodger Williams PM Funding Agency: of Pi oft, AR Scope: -City WWTF Imp. Job Number: 536 Owner: ConwayCorporation Address: 650 Locust St. Conway, AR 72034 Contact Name: Jeremy Koone Telephone Number: 501-548-3008 Job Name: TCWWTP Gravity to TBLW at Tucker Creek Location: ConwayAR Contract Amount: $7,350,000.00 Started: Projected 8/1/22 Complete: In Progress Owners Representation: Jeremy Koone Bidders Representation: Michael Titsworth, PM Funding Agency: ConwayCorporation Scope: 12,328 LF of 36" Sewer Main Job Number: 535 Owner: Benton Washington Regional Public Water Authority Address: 15531 Woods Lodge Rd, Rogers, AR 72756 Contact Name: Matt Dunn Telephone Number: 501 664-1552 Job Name: Waste Residual Lagoons Location: Washington County, Arkansas Contract Amount: $4,125,000.00 Started: 5/2/2022 Complete: 11/1/2022 Owners Representation: Matt Dunn. RE Bidders Representation: Rodger Williams. Esimator Funding Agency: Benton Washington Regional Public Water Authority Scope: Water Treatment Plant Imp. Job Number: 534 Owner: Carter County Address: 105 Main St, Van Buren, MO 63965 Contact Name: Ron Keene Telephone Number: 573-323-4527 Job Name: Utilities & Storm water Location: Van Buren, MO Contract Amount: $427,000.00 Started: 6/5/2022 Complete: 12/31/2023 Owners Representation: Ron Keene Bidders Representation: Rodger Williams PM Funding Agency: Carter County Scope: Water, Sewer, & Stormwater Job Number: 533 Owner: City of Greenwood Arkansas Address: 30 Bell Road Greenwood, AR 72936 Contact Name: Jeremy Shores Telephone Number: 479-474-1227 Job Name: Highway 10 Transmission Line Location: Greenwood AR Contract Amount: $655,000.00 Started: 4/1 /2022 Complete: 7/15/2022 Owners Representation: Hawkins -Weir Bidders Representation: Phillip Wagner, PM Funding Agency: City of Greenwood Arkansas Scope: 4500 LF of 12" PVC Water Job Number: 532 Owner: City of Van Buren, MO Address: 1401 Main St, Van Buren, MO 63965 Contact Name: Shannon Todd, PE Telephone Number: 573-772-4203 Job Name: Water Improvements Location: Van Buren, MO Contract Amount: $3,090,000.00 Started: 3/14/2022 Complete: TBD Owners Representation: Shannon Todd, PE Bidders Representation: -Rodger Williams PM Funding Agency: USDA Scope: Water Improvements Job Number: 531 Owner: City of Benton Arkansas Address: 1827 Dale Ave. Benton, Arkansas Contact Name: Shawn Jackson Telephone Number: 501-326-7979 Job Name: Exit 114 Waterline Location: Benton, Arkansas Contract Amount: $1,880,435.13 Started: 10/1/2021 Complete: 4/25/2022 Owners Representation: MCE Bidders Representation: Michael Titsworth, PM Funding Agency: Benton Scope: 7500 LF of 16" DIP Water Line Job Number: 530 Owner: City Of New Alban Address: 101 W BANKHEAD ST, NEW ALBANY, MS 38652 Contact Name: Mike Faultner Telephone Number: 662 489-1525 Job Name: Carter Ave. Lift Station Location: NEW ALBANY, MS Contract Amount: $634,000.00 Started: 9/30/2021 Complete: In Progress Owners Representation: Mike Faultner RE Bidders Representation: Rodger Williams, Estimator Funding Agency: CITY OF NEW ALBANY Scope: Rehab of Sewer Lift Station Job Number: 529 Owner: Alcorn County Board of Supervisors Address: 305 S. Fulton Drive, Corinth, MS 38834 Contact Name: Nicholas Brawner, PE Telephone Number: 662-287-2080 Job Name: Project Bulldog Water Utilities Location: Corinth, MS Contract Amount: $1,783,000.00 Started: 9/20/2021 Complete: In Progress Owners Representation: Nicholas Brawner, PE Bidders Representation: Rodger Williams, Estimator Funding Agency: Alcorn County Board of Supervisors Scope: Water Line and Pump Station Job Number: 528 Owner: City of Fayetteville Address: 113 West Mountain Street Fayetteville, AR 72701 Contact Name: Corey Granderson Telephone Number: 479-575-8220 Job Name: Richland Creek Water Crossing Location: Goshen AR Contract Amount: $748,000.00 Started: 10/ 15/2021 Complete: 3/4/2022 Owners Representation: Olsson Bidders Representation: Michael Titsworth, PM Funding Agency: Fayetteville Scope: 18" Water with Water Crossing Job Number: 527 Owner: City of Fayetteville Address: 113 West Mountain Street Fayetteville, AR 72701 Contact Name: Corey Granderson Telephone Number: 479-575-8220 Job Name: 2021 Waterline Improvements Location: Multiple locations -Fa etteville Contract Amount: $3,479,500.00 Started: 11/1/2021 Complete: In Progress Owners Representation: Corey Granderson Bidders Representation: Michael Titsworth, PM Funding Agency: Fayetteville Scope: Approx 10,000 LF of 12"-4" Water Lines Job Number: 526 Owner: Heber Springs Water and Sewer Address: 1108 W. Front Street, Heber Springs, AR 72543 Contact Name: Clint Bell Telephone Number: 501-362-3744 Job Name: HSWS Outfall Improvements Location: Heber Springs Arkansas Contract Amount: $4,694,000.00 Started: 8/1 /2021 Complete: 9/1/2022 Owners Representation: Clint Bell Bidders Representation: Leon Spencer, Estimator Funding Agency: Heber Springs Arkansas Scope: 15,000 LF of 24"-30" Sewer Job Number: 525 Owner: City of Hot Springs Arkansas Address: 133 Convention Boulevard, Hot Springs, AR 71901 Contact Name: Matt Dunn Telephone Number: 501 664-1552 Job Name: Contract 5: US Hwy 70 to New Water Treatment Plant Location: Hot Springs, Arkansas Contract Amount: $9,325,000.00 Started: 8/1/2021 Complete: In Progress Owners Representation: Matt Dunn. P.E Bidders Representation: Michael Titsworth. Estimator Funding Agency: City of Hot Springs Arkansas Scope: 24,000 LF of 42" Steel Raw Water Line Job Number: 524 Owner: Malvern Waterworks Address: 506 Overman Street, Malvern, Arkansas 72104 Contact Name: David Coston Telephone Number: 501-332-3634 Job Name: Malvern Sewer System Rehab Contract 1 Location: Malvern, Arkansas Contract Amount: $1,398,000.00 Started: 8/1 /2021 Complete: 2/15/2022 Owners Representation: Les Price, RE Bidders Representation: Leon Spencer, Estimator Funding Agency: City Of Malvern, Arkansas Scope: 7500 LF of Pipe Burst, 1130 LF of CIPP, 725 LF of Open Cut Job Number: 523 Owner: Redstone Construction Group Address: 505 W Dixon Rd, Little Rock, AR 72206 Contact Name: Andy Rose Telephone Number: 501 374-1557 Job Name: PROJECT RUNNER -AMAZON FACILITY Location: North Little Rock, Arkansas Contract Amount: $2,300,890.00 Started: 1 /15/2021 Complete: 7/23/2021 Owners Representation: Andy Rose. RE Bidders Representation: Michael Titsworth. Estimator Funding Agency: Amazon Corporation Scope: Site Water & Sewer Packages Job Number: 522 Owner: Central Arkansas Water Address: 221 E Capitol Ave, Little Rock, AR 72202 Contact Name: Joe O'hara Telephone Number: 501 372-5161 Job Name: North Rodney Paraham Rd 8" Water Relocation Location: North Little Rock, Arkansas Contract Amount: $744,570.00 Started: 2/1 /2021 Complete: 11/1/2021 Owners Representation: Joe O'hara. RE Bidders Representation: Kyle Persons. Estimator Funding Agency: Central Arkansas Water Scope: Relocate 4,400LF of 8" D.1 Waterlines Job Number: 521 Owner: Benton Washington Regional Public Water Authority Address: 15531 Woods Lodge Rd, Rogers, AR 72756 Contact Name: Matt Dunn Telephone Number: 501 664-1552 Job Name: South Transmission System Parallel Line Project - Westville Water Location: Washington County, Arkansas Contract Amount: $1,133,500.00 Started: 2/1 /2021 Complete: 7/1/2021 Owners Representation: Matt Dunn. RE Bidders Representation: Kyle Persons. Estimator Funding Agency: Benton Washington Regional Public Water Authority Scope: 12,000LF of 12" D.I Water Line Job Number: 520 Owner: Benton Washington Regional Public Water Authority Address: 15531 Woods Lodge Rd, Rogers, AR 72756 Contact Name: Matt Dunn Telephone Number: 501 664-1552 Job Name: South Transmission System Parallel Line Project - Contract 2 Location: Washington County, Arkansas Contract Amount: $5,617,000.00 Started: 2/1 /2021 Complete: 5/1 /2022 Owners Representation: Matt Dunn. RE Bidders Representation: Rodger Williams. Esimator Funding Agency: Benton Washington Regional Public Water Authority Scope: 36,000LF of 24" DA Water Line Job Number: 519 Owner: Benton Washington Regional Public Water Authority Address: 15531 Woods Lodge Rd, Rogers, AR 72756 Contact Name: Matt Dunn Telephone Number: 501 664-1552 Job Name: South Transmission System Parallel Line Project - Contract 1 Location: Benton County, Arkansas Contract Amount: $5,795,000.00 Started: 3/1 /2021 Complete: 4/1/2022 Owners Representation: Matt Dunn. RE Bidders Representation: Michael Titsworth. Estimator Funding Agency: Benton Washington Regional Public Water Authority Scope: 40,000LF of 24" D.I Water Line Job Number: 518 Owner: City of Hot Springs Arkansas Address: 133 Convention Boulevard, Hot Springs, AR 71901 Contact Name: Matt Dunn Telephone Number: 501 664-1552 Job Name: Water Tranmission Pipeline Contract A: New Water Treatment Plant to HWY. 7 Location: Hot Springs, Arkansas Contract Amount: $4,431,775.00 Started: 12/1/2020 Complete: 10/15/2021 Owners Representation: Matt Dunn. RE Bidders Representation: Michael Titsworth. Estimator Funding Agency: City of Hot Springs Arkansas Scope: 12,500LF of 36" D.I, 4,100LF of 24" D.I & 850LF of 12" D.I Water Lines Job Number: 517 Owner: Pike Creek Reorganized Common Sewer District Address: 4878 Hwy PP, Poplar Bluff, MO 63901 Contact Name: Ron Keene Telephone Number: 573 996-6003 Job Name: Wastewater System Improvement Project - Phase 4 Location: Poplar Bluff, Missouri Contract Amount: $2,414,000.00 Started: 8/14/2020 Complete: 10/1/2021 Owners Representation: Ron Keene Bidders Representation: Rodger Williams. Estimator Funding Agency: United States Department of Agriculture Scope: Rehab Lift Stations, New 12" Force Main, Gravity Sewer, MH Lining, Sludge Removal Job Number: 516 Owner: City of New Madrid Missouri Address: 105 Howard St, New Madrid, MO 63869 Contact Name: Billy Cobb Telephone Number: 573 785-9621 Job Name: Sewer Line Replacement Location: New Madrid Missouri Contract Amount: $984,550.00 Started: 8/1 /2020 Complete: 6/1/2021 Owners Representation: Billy Cobb. RE Bidders Representation: Rodger Williams, Estimator Funding Agency: City of New Madrid Missouri Scope: 1,839LF of 8" Sewer Replacement Job Number: 515 Owner: Redstone Construction Group Address: 505 W Dixon Rd, Liftle Rock, AR 72206 Contact Name: Andy Rose Telephone Number: 501 374-1557 Job Name: PROJECT DIAMOND -AMAZON FACILITY Location: North Little Rock, Arkansas Contract Amount: $1,150,000.00 Started: 6/29/2020 Complete: 12/15/2020 Owners Representation: Andy Rose. RE Bidders Representation: Michael Titsworth, Estimator Funding Agency: Amazon Corporation Scope: Dewater & Install Fiber Glass Wet Well - Valve Vault W/ Gravity Sewer Job Number: 514 Owner: City Of Russelville Arkansas Address: 205 WEST 3RD PLACE, Russellville, AR 72801 Contact Name: Richard Harris Telephone Number: 479 968-2098 Job Name: 1-40 SOUTH GRAVITY SEWER INTERCEPTOR Location: RUSSELLVILLE, ARKANSAS Contract Amount: $3,399,000.00 Started: 6/22/2020 Complete: 7/1/2021 Owners Representation: Jerry Martin. RE Bidders Representation: Michael Titsworth, Estimator Funding Agency: US Department of Commerce Economic Devolo ment Scope: 2,200LF of 30-inch, 7,400LF of 24-inch sewer pipe & manholes Job Number: 513 Owner: Arkansas Department of Transportation Address: 221 East Capitol Ave Little Rock, AR 72203 Contact Name: Rob Broderick RE Telephone Number: Job Name: CANTRELL RD./ 1-430 WEST TO PLEASANT RIDGE Location: Little Rock, Arkansas Contract Amount: $3,300,000.00 Started: 6/1 /2020 Complete: 6/1/2021 Owners Representation: Rob Broderick RE Bidders Representation: Michael Titsworth, Estimator Funding Agency: Arkansas Department of Transportation Scope: 3515LF of 12" DIP, 1760LFt of 8" DIP, 750LF of 30" DIP, 500LFt of 16" DIP Job Number: 512 Owner: Malvern Waterworks Address: 506 Overman Street, Malvern, Arkansas 72104 Contact Name: David Coston Telephone Number: 501-332-3634 Job Name: Malvern WWTF Improvements Location: Malvern, Arkansas Contract Amount: $5,525,000.00 Started: 4/20/2020 Complete: 10/15/2021 Owners Representation: Les Price, RE Bidders Representation: Michael Titsworth, Estimator Funding Agency: City Of Malvern, Arkansas Scope: WTFF Renovations and 3500LF of 36" Ductile Sewer Outfall Job Number: 511 Owner: The State of Missouri Office of Administration Address: Jefferson City, Missouri Contact Name: Kelly Hammock Telephone Number: 573-751-3339 Job Name: Water & Wastewater Systems Upgrade W. E. Sears Youth Center Location: Poplar Bluff, Missouri Contract Amount: $1,025,000.00 Started: 2/21/2020 Complete: 11/25/2020 Owners Representation: Dominic Thompson, RE Bidders Representation: Rodger Williams, Estimator Funding Agency: The State of Missouri Office of Administration Scope: Lagoon Renovations, Pump Station, Force Main, Land Application of Effluent Job Number: 510 Owner: City of Fayetteville, Arkansas Address: 113 West Mountain Street Fayetteville, AR 72701 Contact Name: Corey Granderson Telephone Number: 479-575-8220 Job Name: Mornin side Waterline Relocate Location: Fayetteville, Arkansas Contract Amount: $1,595,000.00 Started: 2/24/2020 Complete: 10/9/2020 Owners Representation. Zane Lewis, RE Bidders Representation: Michael Titsworth, Estimator Funding Agency: City of Fayetteville, Arkansas Scope: 3,300LF of 24" Water and appurtenances Job Number: 509 Owner: CITY OF NEW ALBANY Address: 101 W BANKHEAD ST, NEW ALBANY, MS 38652 Contact Name: Mike Faultner Telephone Number: 662 489-1525 Job Name: SEWER SYSTEM IMPROVEMENTS CONTRACT "B" WWTF Location: NEW ALBANY, MS Contract Amount: $10,350,000.00 Started: 3/1 /2020 Complete: In Progress Owners Representation: Mike Faultner RE Bidders Representation: Rodger Williams, Estimator Funding Agency: CITY OF NEW ALBANY Scope: New Construction of WWTF Job Number: 508 Owner: Benton Public Utility Commission Address: 1827 Dale Avenue, Benton, AR 72015 Contact Name: David Vondran Telephone Number: 501 371-0272 Job Name: UTILITIES BORE ACROSS SALINE RIVER Location: Benton, AR 72015 Contract Amount: $1,055,000.00 Started: 1 /6/2020 Complete: 5/1/2020 Owners Representation: Jacob Gilli Bidders Representation: Michael Titsworth, Estimator Funding Agency: City Of Benton, Arkansas Scope: 980LF 12" Ductile River Bore W/valves & Connections Job Number: 507 Owner: CITY OF ARBYRD ARBYRD, MISSOURI Address: 102 E. Frisco Street, P.O. Box 338, Arb rd, MO 63821 Contact Name: Jeff Wilson Telephone Number: 573-772-4203 Job Name: WASTEWATER SYSTEM IMPROVEMENT PROJECT Location: ARBYRD, MISSOURI Contract Amount: $673,500.00 Started: 2/2/2020 Complete: 7/1/2021 Owners Representation: Shannon Todd, RE Bidders Representation: Rodger Williams, Estimator Funding Agency: Rural Development & USDA Scope: lift station, land application system; rehab gravity sewer CIPP , rehab MH (Epoxy) Job Number: 506 Owner: Van Buren Municipal Utilities Address: 2806 Bryan Road, Van Buren, AR 72957 Contact Name: Joshua Durham, P.E. Telephone Number: 479 474-1227 Job Name: Rickey Pump Station & Force Main Imp. Location: Van Buren, AR Contract Amount: $2,840,000.00 Started: 10/15/2019 Complete: 10/15/2021 Owners Representation: Joshua Durham, P.E. Bidders Representation: Rodger Williams, Estimator Funding Agency: Scope: Construction of a 1,400 GMP Pump Station & Force Main Job Number: 505 Owner: City of Stuff art Address: Stuff art, AR Contact Name: Charles Summerford Telephone Number: 870 246-6011 Job Name: Ste 3 - Water Upgrades & Improvements Location: Stuff art, AR Contract Amount: $865,000.00 Started: 11 /21 /2019 Complete: 6/30/2020 Owners Representation: Charles Summerford Bidders Representation: Kyle Persons, Estimator Funding Agency: Rural Development Scope: Water line replacement Job Number: 504 Owner: City of Fayetteville Address: Fayetteville, AR Contact Name: Matt Case Telephone Number: 479-444-3429 Job Name: Hotz to Maple; Pleasant Woods Dr & Sang Ave Water Line Location: Fayetteville, AR Contract Amount: $1,458,000.00 Started: 5/1 /2019 Complete: 5/1/2020 Owners Representation: Josh Durham Bidders Representation: Mike Titsworth, Estimator Funding Agency: City of Fayetteville, AR Scope: 8" & 12" Waterline Job Number: 503 Owner: CAW Address: Maumelle, AR Contact Name: Thomas Wray Telephone Number: 501-377-1221 Job Name: AC Main Replacement - Phase 3 Location: Maumelle, AR Contract Amount: $898,000.00 Started: 2/1/2019 Complete: 7/1/2019 Owners Representation: Thomas Wray Bidders Representation: Mike Titsworth, Estimator Funding Agency: CAW Scope: Waterline Replacement Job Number: 502 Owner: City of Fayetteville Address: Fayetteville, AR Contact Name: Josh Durham Telephone Number: 479-474-1227 Job Name: Masters Lift Station Replacement Location: Fa efteville, AR Contract Amount: $1,067,000.00 Started: 3/18/2019 Complete: 9/31/2019 Owners Representation: Josh Durham Bidders Representation: Rodger Williams, Estimator Funding Agency: City of Fa efteville, AR Scope: Sewer Improvements Job Number: 501 Owner: City of Baldwyn Address: Baldwyn, MS Contact Name: Brett Brooks Telephone Number: 662 840-9063 Job Name: Phase 4 - Collection Improvements Location: Baldwyn, MS Contract Amount: $1,030,000.00 Started: 5/20/2019 Complete: 1 /4/2020 Owners Representation: Brett Brooks Bidders Representation: Rodger Williams, Estimator Funding Agency: USDA Scope: Sewer Improvements Job Number: 500 Owner: City of Tupelo Address: Tupelo, MS Contact Name: Jess Wiygul Telephone Number: 662-842-7381 Job Name: SRF FY17 - Wastewater Collection Improvements Location: Tupelo, MS Contract Amount: $2,085,000.00 Started: 2/18/2019 Complete: 3/15/2020 Owners Representation: Jess Wiygul Bidders Representation: Rodger Williams, Estimator Funding Agency: SRF Scope: Sewer Collection Improvements Job Number: 499 Owner: City of Greenwood Address: Hwy 7 & Hwy 82; Greenwood, MS Contact Name: Robert Willis Telephone Number: 662-226-1081 Job Name: MS HWY NO.7 & US HWY NO. 82 Waterline Im rov. Location: Greenwood, MS Contract Amount: $398,485.00 Started: 12/10/2018 Complete: 6/15/2019 Owners Representation: Robert Willis Bidders Representation: Rodger Williams, Estimator Funding Agency: Greenwood, MS Scope: Waterline Replacement Job Number: 498 Owner: City of Russellville, AR 1 1/24/24 Kajacs Contractors Incorporated Superintendent Experience • Curtis Fowler-Superintendent-29 Years with Company, Water, Sewer, Plant Work. • Curt Caringer-Superintendent-26 Years with Company, Water, Sewer, Plant Work. • Charles Parish-Superintendent-25 Years with Company, Water, Sewer, Plant Work. • Josh Wells-Superintendent-20 Years with Company, Water, Sewer, Plant Work. • Bucky Albright-Superintendent-15 Years with Company, Water, Sewer, Plant Work. • Steve Lapar-Superintendent-15 Years with Company, Water, Sewer, Plant Work. • Shane Bishop-Superintendent-12 Years with Company, Water, Sewer, Boring. • Dustin Sanders-Superintendent-5 Years with Company, Water, Sewer. • Matt Pingleton-Superintendent-3 Years with Company, Water, Sewer. • Josh Berry-Superintendent-3 Year with Company, Water, Sewer. • Jimmy Honeycutt-Superintendent-1 Year with Company, Water, Sewer. • Brad Westmoreland-Superintendent-1 Year with Company, Water, Sewer. All Superintendents listed above are experienced in the construction of all aspects of Water, and Sewer construction to include Open Cut, Directional Drill, Pipe Bursting. Michael Titsworth Project Manager DOCUMENT 00 52 13 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: FAYETTEVILLE HWY 16 EAST UTILITY RELOCATIONS Contract No.: , Construction THIS AGREEMENT is dated as of the 5 day of March in the year 2024 by and between The City of Fayetteville, Arkansas and KAJACS Contractors, Inc. (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: 1. Approximately 4,281 linear feet of 18-inch water main along Hwy 16. 2. Approximately 132 linear feet of 12-inch water main crossing Hwy 16. 3. Approximately 1,678 linear feet of 8-inch water main along AR Hwy 16. 4. Two (2) new water main crossings of Hwy 16 5. Approximately 1,873 linear feet of 8-inch sanitary sewer main along AR Hwy 16. 6. And associated connections, service reconnections, hydrants, encasement under pavements and other items as required to complete the work including, erosion control and final stabilization. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Open burning is not allowed on City projects. Blasting is not allowed on City projects. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract 21-2121 1 of 8 Section 00 52 13 12/27/23 Agreement DOCUMENT 00 52 13 — AGREEMENT (continued) Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 300 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 330 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as 21-2121 2 of 8 Section 00 52 13 12/27/23 Agreement DOCUMENT 00 52 13 — AGREEMENT (continued) provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. l . There shall be no changes without prior written approval of the Engineer of Record and/or 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. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and 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. 21-2121 3 of 8 Section 00 52 13 12/27/23 Agreement DOCUMENT 00 52 13 — AGREEMENT (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 and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the 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. 21-2121 4 of 8 Section 00 52 13 12/27/23 Agreement DOCUMENT 00 52 13 — AGREEMENT (continued) 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 Ehas given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: E HUNTSVILLE RD (AR HWY 16) UTILITY RELOCATIONS 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 21-2121 5 of 8 Section 00 52 13 12/27/23 Agreement DOCUMENT 00 52 13 — AGREEMENT (continued) 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 21-2121 6 of 8 Section 00 52 13 12/27/23 Agreement DOCUMENT 00 52 13 — AGREEMENT (continued) IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on of the Agreement. CONTRACTOR: By: (AI&m.1 ',6W"-e4k (Type or legibly print) (Signature) March 5 , 2024, which is the Effective Date CITY OF FAYETTEVILLE : Lioneld Jordan (Signature) Title: (PPfcS' AAV)6 tv Title: Mayor 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. 'AL) A t _ ,01111111/1111, (SEAL) ism iikV�,� T?£ ���i . ;9 �,G.'yGNi Y OP SG�'�'s Attest—AU'14—f~' AYETTE�1tLlE; �• ij�j LNG ON; �-0 21-2121 7 of 8 Section 00 52 13 12/27/23 Agreement DOCUMENT 00 52 13 — AGREEMENT (continued) Address for giving notices 3yo/ U/. I.S-*' S4. Lice Kock) AILyzo9 License No. w alI M32V Agent for Service of process (Type or legibly print) Address for giving notices 113 W. Mountain St. Fayetteville, AR 72701 Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00 52 13 AGREEMENT 21-2121 8 of 8 Section 00 52 13 12/27/23 Agreement PO Box %9 Poplar Bluff, MO 63902 November 2, 2018 Letter of Resolution 1, Aron Persons, President of Manager/Estimator the a9W L Aron Persons, President MyLynn Gargac, Corporate Secretary Equal Opportunity Employer 1-;77 f 1 l� J 1141E J° S73-785-1745 (Fax) 573-785-6237 wuwv.kajacs.com x ontractors, Inc. do hereby give Michael Titsworth, Project sign contracts on behSN of KAJACS Contractors, Inc.