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HomeMy WebLinkAbout87-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 87-24 File Number: 2024-1737 BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE A CONTRACT WITH BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. IN THE AMOUNT OF $789,747.50 FOR THE CONSTRUCTION OF THE NORTH STREET CORRIDOR IMPROVEMENTS PROJECT PHASE 1, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $80,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 STREET IMPROVEMENT BOND PROJECT WHEREAS, Phase 1 improvements include the addition of a dedicated left turn lane on the east leg of the intersection, crosswalks, pavement overlay, striping and signal updates. 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 authorizes Mayor Jordan to sign a contract with Benchmark Construction Company of NWA, Inc. in the amount of $789,747.50 for the construction of the North Street Corridor Improvements Project Phase 1, and further approves a project contingency in the amount of $80,000.00. 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: If of Kara Paxton, City CI reasurer , CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 5, 2024 CITY COUNCIL MEMO 2024-1737 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Casey, Engineering Design Manager SUBJECT: Approval of a contract in the amount of $789,747.50.00 with Benchmark Construction Company of NWA, INC. for the construction of the North Street Corridor Improvements Project Phase 1, approval of a project contingency of $80,000.00 and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of a contract in the amount of $789,747.50.00 with Benchmark Construction Company of NWA, INC. for the construction of the North Street Corridor Improvements Project Phase 1, approval of a project contingency of $80,000.00 and approval of a budget adjustment. BACKGROUND: This 2019 Transportation Bond Project extends along North Street from Garland Avenue to Mission Boulevard. This corridor is an important east -west route for commuter traffic, that runs through existing neighborhoods. The project includes a mix of congestion relief, capacity improvements, pedestrian and bicycle facilities that will address issues for all users. The City Council approved a design contract with McClelland Consulting Engineers in March of 2021. Phase 1 of the corridor includes improvements to the intersection with North Street and N. College Avenue. The improvements include the addition of a dedicated left turn lane on the east leg of the intersection, crosswalks, pavement overlay, striping and signal updates. DISCUSSION: On February 7, 2024, the City received two (2) construction bids for this project. Benchmark Construction Company of NWA, Inc. submitted the low bid of $789,747.50 for the total bid. Engineering staff recommends awarding this contract to Benchmark Construction Company of NWA, Inc. The contract time is 150 days (5 months) for substantial completion. BUDGET/STAFF IMPACT: The roadway improvements are funded by the 2019 Transportation Bond Program. ,CCOUNT PROJECT AMOUNT 702.860.7223-5809.0046020.7223 $ 789,747.50 702.860.7223-5911.9946020.7223 $ 80,000.00 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF (#3), BA (#4), Benchmark Construction Contract (#5), Bid 24-21, Submittal - Benchmark Construction Company of NWA, Inc. - E (#6), Bid 24-21, Bid Tab - Final (#7), North and College Int Plan (#8) 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 #: 2024-1737 Approval of a contract in the amount of $789,747.50.00 with Benchmark Construction Company of NWA, INC. for the construction of the North Street Corridor Improvements Project Phase 1, approval of a project contingency of $80,000.00 and approval of a budget adjustment. A RESOLUTION TO APPROVE A CONTRACT WITH BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. IN THE AMOUNT OF $789,747.50 FOR THE CONSTRUCTION OF THE NORTH STREET CORRIDOR IMPROVEMENTS PROJECT PHASE 1, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $80,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 STREET IMPROVEMENT BOND PROJECT WHEREAS, Phase 1 improvements include the addition of a dedicated left turn lane on the east leg of the intersection, crosswalks, pavement overlay, striping and signal updates. 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 authorizes Mayor Jordan to sign a contract with Benchmark Construction Company of NWA, Inc. in the amount of $789,747.50 for the construction of the North Street Corridor Improvements Project Phase 1, and further approves a project contingency in the amount of $80,000.00. 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 Matt Casey Submitted By City of Fayetteville Staff Review Form 2024-1737 Item ID 3/5/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/12/2024 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $789,747.50.00 with Benchmark Construction Company of NWA, INC. for the construction of the North Street Corridor Improvements Project Phase 1, approval of a project contingency of $80,000.00 and approval of a budget adjustment. 4702.860.7223-5809.00 Account Number 46020.7223 Project Number Budgeted Item? Yes Budget Impact: Street Project 2022 Bonds Fund North St Garland to Mission Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Remaining Budget Project Title $ 117,035.00 $ 14,456.00 $ 102,579.00 $ 869,747.50 $ 869, 748.00 102,579.50 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Item Cost includes project contingency. Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division ENGINEERING (621) Adjustment Number 2024 /Org2 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $789,747.50.00 with Benchmark Construction Company of NWA, INC. for the construction of the North Street Corridor Improvements Project Phase 1, approval of a project contingency of $80,000.00 and approval of a budget adjustment. RESOLUTION/ORDINANCE COUNCIL DATE: ITEM ID#: 3/5/2024 2024-1737 Noll y Black 211212024 9: 53 AM Budget Division TYPE: JOURNAL#: GLDATE: CHKD/POSTED: Date D - (City Council) TOTAL Account Number - - Increase / (Decrease) Expense Revenue Prolect.Sub# Project Sub.Detl AT v.2024116 Account Name 4702.860.7223-5809.00 789,748 - 46020 7223 EX Improvements - Street 4702.860.7223-5911.99 4702.860.7999-5899.00 80,000 - (869,748) - 46020 46020 7223 7999 EX EX Contingency - Capital Project Unallocated - Budget K:\Engineering Design Services\Projects\BOND PROGRAM\2019 Bond Program\North Street Corridor\Council and Committee Actions\Construction Contract\2024-1737 BA Benchmark - North -College 1 of 1 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: NORTH STREET IMPROVEMENTS Contract No.: Bid # 24-21, Construction — Phase 1 — College Avenue Intersection THIS AGREEMENT is dated as of the 5 day of between The City of Fayetteville, Arkansas and Contractor). ARTICLE 1 - WORK March in the year 2023 by and (hereinafter called 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The widening and construction of a turn lane on the east leg of the North Street and College Avenue Intersection, sidewalk/trail, the realignment of a portion of cast -in -place concrete retaining wall, signalization updates, associated earthworks, curb and gutter, drainage, and miscellaneous related items. 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 and/or blasting are 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 McClelland Consulting Engineers, Inc. who assumes all duties and responsibilities, and has the rights and authority assigned to the Engineer by the City of Fayetteville in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 20-2179 North Street Improvements 00500 - 1 Phase 1- College Avenue Intersection Agreement DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 150 consecutive 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 180 consecutive 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 20-2179 North Street Improvements 00500 - 2 Phase 1 — College Avenue Intersection Agreement DOCUMENT 00500 — AGREEMENT (continued) as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. 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 20-2179 North Street Improvements 00500 - 3 Phase 1 — College Avenue Intersection Agreement DOCUMENT 00500 — AGREEMENT (continued) b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: 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, 20-2179 North Street Improvements 00500 - 4 Phase 1 — College Avenue Intersection Agreement DOCUMENT 00500 — AGREEMENT (continued) 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. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 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: NORTH STREET IMPROVEMENTS — Phase 1 Colleae Avenue Intersection 8. Addenda numbers inclusive. 20-2179 North Street Improvements 00500 - 5 Phase 1 — College Avenue Intersection Agreement DOCUMENT 00500 — AGREEMENT (continued 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT A. No assignment by a 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. 20-2179 North Street Improvements 00500 - 6 Phase 1 — College Avenue Intersection Agreement DOCUMENT 00500 — AGREEMENT (continued 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. 20-2179 North Street Improvements 00500 - 7 Phase 1 — College Avenue Intersection Agreement DOCUMENT 00500 — AGREEMENT (continued IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on Effective Date of the Agreement. CONTRACTOR: By: STCl/F SlM /To (Type or legibly print) (Signature) Title: c (, March 5 2024, which is the CITY OF FAYETTEVILLE By: Lioneld Jordan Title: Mavor 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 Attest : FAYETTEVILLE_ 20-2179 North Street Improvements 00500 - 8 Phase 1 — College Avenue Intersection Agreement DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices 113 W. Mountain St. Favetteville. AR 72701 License No Agent for Service of process (Type or legibly print) Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 20-2179 North Street Improvements 00500-9 Phase 1 — College Avenue Intersection Agreement CITY OF WA FAYETTEVILLE ARKANSAS Bid 24-21 Addendum 1 Benchmark Construction Company Benchmark Construction Company of NWA, Inc. Supplier Response Event Information Number: Bid 24-21 Addendum 1 Title: Construction - North Street Improvements (Phase 1) Type: Invitation to Bid Issue Date: 1/14/2024 Deadline: 2/7/2024 02:00 PM (CT) Notes: The City of The City of Fayetteville is accepting sealed bids from properly licensed firms for the widening and construction of a turn lane on the east side of the North Street and College Avenue Intersection, sidewalk/trail, realignment of a portion of retaining wall, signalization updates, associated earthworks, curb and gutter, drainage, and miscellaneous related items. 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 7 pages Vendor: Benchmark Construction Company Bid 24-21 Addendum 1 Benchmark Construction Company Information Contact: Steve Smith Address: 333 W. POPLAR ST., STE A Fayetteville, AR 72703 Phone: (479) 251-1316 Email: benchmarkconst@att.net Web Address: None By submitting your response, you certify that you are authorized to represent and bind your company. Stephen Smith Signature Submitted at 21712024 12:16:14 PM (CT) Requested Attachments Bid 24-21, Required Signature Forms benchmarkconst@att.net Email Bid 24-21, FILE #00 - REQUIRED SIGNATURE FORMS AND QUALIFICATION STATEMENT.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 24-21, Bid Bond 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: 10032984 2 Arkansas Contractor License Number: 0033500524 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. 2 Yes, I agree ❑ No, I don't agree Page 2 of 7 pages Vendor: Benchmark Construction Company Bid 24-21 Addendum 1 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 ROCK EXCAVATION (ALLOWANCE) Quantity: 15 UOM: CY Price: $382.67 Total: $5,740.05 1 UNCLASSIFIED EXCAVATION (PLAN QUANTITY) 0 Quantity: 700 UOM: CY Price: $25.59 Total: $17,913.00 Page 3 of 7 pages Vendor: Benchmark Construction Company Bid 24-21 Addendum 1 2 6" THICK CONCRETE PAVEMENT (FOR PARKING LOT REPAIR, DETAIL 25H) 5 Quantity: 6 UOM: SY Price: $135.06 Total: $810.36 Page 4 of 7 pages Vendor: Benchmark Construction Company Bid 24-21 Addendum 1 4 COLD MILLING ASPHALT 1 Quantity: 1331 UOM: SY Price: $12.18 Total: $16,211.58 Page 5 of 7 pages Vendor: Benchmark Construction Company Bid 24-21 Addendum 1 5 TRAFFIC SIGNAL MAST ARM AND POLE WITH FOUNDATION (40') 7 Quantity: 1 UOM: EA Price: F $55,391.00 Total: $55,391.00 Page 6 of 7 pages Vendor: Benchmark Construction Company Bid 24-21 Addendum 1 7 RELOCATION OF OPTICAL PREEMPTION DETECTOR 1 Quantity: 1 UOM: EA Price: $1,553.00 Total: $1,553.00 Response Total: $789,747.50 Page 7 of 7 pages Vendor: Benchmark Construction Company Bid 24-21 Addendum 1 4BJqc 5500 Euper Lane PO Box 3529 Ft. Smith, AR 72913 (479) 452-4000 www.bhca.com Bid Bond KNOW Al,l. MFN BY T14F-QE, PRESENTS. That we. (Here irtseri full name and address or legal rifle of Cunlracror) Benchmark Construction of NWA, Inc. 333 West Poplar, Ste A Fayetteville, AR 72703 as Principal, hereinafter called the Principal, and (Here invert fr.11 name onri nddrevs nr legal title nf.Surery) Westfield Insurance Company P. O. Box 5001 Westfield Center, OH 44251-5001 a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, arc held and firmty bound unto /,Here insert fill name and address or legal title of Ovt--ner) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID Dullars ($ 5% ), rur the payment. of which aum well and truly to be made, the caid Principal and the said Surety, bind ourselver, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for North Street Improvements (Here insert fall name, address and description of project) NOW, THEREFORE, if the Obligee sball accept the bid of the Principal and the Principal shall enter into a Contract with the Ohligee in acrnrdanrr with the. terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or braids, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 7th day of February 2024 Benchmark Construction of NWA, Inc. (Princip l) (Seal, ( iotes.$) . ��•� (Title) Westfield Insurance Company C urety) (Witrcre•o) _ t Tit1P) (Seal) Mary Ann Justice , Attorney -In -Fact AIA oacument A310fm —1970. Copyright 0 1963 and 1970 by The Amedcan Inslltute of Architects. General Power of Attorney CERTIFIED COPY POWER NO. 0320052 05 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know Ali - by These -ssents, That WESTFIELD INSURANCE CamNY, ,VE571 N Nr ON-\. INSURANCE COMPANY and OH;O FARMERS IN; _ .1NCE COM�_­VlI coroorxions, hereinafter referred to idually a., a y" , i collectively as 'Companies," du y organized and existing under the laws of the State of Ohio, and having is .:: .;pal �M":, In Ce-^ r, Medina County. Ohio, In by thor;? presents Tar::. constitute Snita 3aoirt SCOTT R. CLARK, MARTY C. CLARK, SHANNON C. SCHMIDLY, ELIZABETH A. SOLOMON, MARY ANN JUSTICE, LISA MCCLURE, PAXTON CLARK, GRAVES SCHMIDLY, SUZANNE NIEDZWIEDZ, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead. to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit. - - - - - - - - - - - - - - - - - - . . - I . . . . . . . . . . . . . . . . . . - . . . . . .. . . - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE CUMIN ATEE, OR BANK DEPOSITORY BONDS. ird to bind any of the Companies Ihereby as fully and to the same extent as if such bonds were signed by the Pres dent, seated with ;he corporate seal Of the applicable Company 7ird duly attested by Its Secretary. hereby ratifying and confirming all that the said Attorney(s)•in-Fact may do :n the pprnm'ses Said appointment Is made under and by outhonty of the follcw,ncresolution adopted by the Board of Directors of each of :he WES: F ELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE Z MPA&I'f and OHIO FARMERS INSURANCE COMPANY: 'Be If Resolved, that the President, any Senior Executive. any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)•in-Fact to represent and act for and on behalf of the Company subject to the following provisions The Attorney in -Fact. may be given full power and authority for and Ili the name of and cn behalf of the Company, to execute. ackncw:edge and deliver, any and all bonds. reccgnlzances, contracts, agreements of Indern-nity acd other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company s liabllity thcr_unde: and any such Instruments so executed by any such Attorney- ln-Fact shall be as binding upon the Company as if signed by the ?resident and sealed and attested by the Corporate Secretary:' 'Be it Further Resolved. that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached " (Each adopted al a meeting held or, February 0. 20W). In Witness Whereof. WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of JANUARY A.D.. 2023 , Corporate ,ynWESTFIELD INSURANCE COMPANY Affixed = •- WESTFIELD NATIONAL INSURANCE COMPANY y,2 NCO = W;' s: G:: if TE� !"' OHIO FARMERS INSURANCE COMPANY U ;, : "' SEAL €�, � 1 L/� �' ;• 1848 v,r.�• 4 • �.- •� Yiumpler, • -State of Ohio """"" 6 J:I�County of Medina ss : Gary W. Nattona "Sueeyf Leader and Senior Executive On this 27th day of JANUARY A.D., 2023 , before me personally came Gary W. Stuntper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL. INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed ,�P--..````l,ly�� • � ; State of Ohio yt Nr p David A. Kotnik, Attorney at Law, Notary Public County of Medina ss. +V dam: My Commission Does Not Expire (Sec. 147,03 Ohio Revised Code) .,,yrF ono I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by sad Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 7th day of February A.D • 2024 VR p''+ �N „I N,.,, cAll�w p 1 �i. ~ : N SEAL.` Bacillary r . » .;~ Frank A. Carrino, Secretary EIPOAC2 (combined) (03-22) CITY OF V FAYETTEVILLE 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 nut be used as a substitute forthe 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. FV] 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. Fv_1 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 I-V] documents _V]All bids shall be received before the stated deadline utilizing the City's electronic bidding platform orsubmitting 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: • AR Secretary of State Filing #: _j[ 0L)?I OR submit electronically. • Arkansas Contractor License #: 00524 OR 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 answe : YES 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 answe : YES r NO Telecommunications Device for the Deaf TDD (y79) 521-1316 113 West Mountain - Fayetteville. AR 72701 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT Contract Name: NORTH STREET IMPROVEMENTS Bid #: 24-21, Construction — North Street Improvements Date: February 7, 2024 W1: ►3�iI��� ��r�)i The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company _Benchmark Construction Company of NWA, Inc. Name Stephen Smith, CEO Address 333 West Poplar St, Ste A, Fayetteville, 72703 Principal Office above Corporation, partnership, individual, joint venture, other corporation Arkansas State General Contractor's License Number 0033500524 (Type or legibly print) EXPERIENCE STATEMENT See Qualification Statement Attached. 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 years. Bidder has been in business under its present name for __ 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.) 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.) Wilson Park Court Improvements 00140 - 1 Bidder's Qualification Statement DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. 5. Bidder normally performs the following work with his own forces: 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: FINANCIAL STATEMENT Benchmark will provide by request. 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). Wilson Park Court Improvements 00140 - 2 Bidder's Qualification Statement DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. $ b. $ Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: February 7, 2024 20 (OFFICIAL SEAL) Name of Organization: Benchmark Construction Company of NWA, Inc. By Steve Smith (Type or legibly print) By (Signature) Title CEO (Type or legibly print) Wilson Park Court Improvements 00140 - 3 Bidder's Qualification Statement DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT (continued) (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 Wilson Park Court Improvements 00140-4 Bidder's Qualification Statement DOCUMENT 00400 — BID FORM Contract Name: North Street Improvements Bid Number: 24-21, Construction — North Street Improvements BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM Bidder: REIVC14k4i& 2-r� ARTICLE 1 - INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 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. Wilson Park Court Improvements 00400 - 1 Bid Form DOCUMENT 00400 — BID FORM (continu ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date #1,1-31-2024 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions. If any, 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 the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. Wilson Park Court Improvements 00400 - 2 Bid Form DOCUMENT 00400 — BID FORM (continued) G Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Bidder. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. J. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. K. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 - Subpart P - Excavations. L. Bidder certifies that they are not debarred from doing business from any government entity. ARTICLE 4 — BID PRICING REQUIREMENTS 4.01 The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. 4.02 In the event no bid falls within the amount of funds certified for the project, plus 25%, the City will utilize the deductive alternates in order (if applicable) until bids can be compared within the amount certified, plus 25%. 4.03 In the event all deductive alternates are subtracted and no bid falls within the amount certified, plus 25%, all bids will be rejected and become confidential. 4.04 The City shall have the authority to negotiate an award with the apparent responsive responsible low bidder but only if the low bid is within twenty-five percent (25%) of the certification of funds. 4.05 Bidder shall complete the work in accordance with the Contract Documents forthe price(s) submitted by the Bidder. 4.06 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. Wilson Park Court Improvements 00400 - 3 Bid Form DOCUMENT 00400 — BID FORM (continued) 4.07 The Bidder shall include the required labor, products, tools, equipment, transportation, services, incidentals, site access, erection, application, installation, overhead and profit to satisfactorily complete each line item of the work. 4.08 In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid except bonds and insurance. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. ARTICLE 5 - CONTRACT ITEMS 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6 - BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security (5% of total bid) in the form of a cashier's check from a bank located in the State of Arkansas or a Bid Bond in the amount of Dollars ($ )' Bid Bond is attached. B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7 - COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Benchmark Construction Company of NWA, Inc. Steve Smith Email: benchmarkconst@att.net Phone No. 479-871-2082 Fax No. 251-1319 Wilson Park Court Improvements 00400 - 4 Bid Form DOCUMENT 00400 - BID FORM (continued) ARTICLE 8 - TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. Arkansas State Contractor License No. 0033500524 (Not required for Federal Aid Projects; however, Contractor must show proof that they have registered with the proper state authorities for a license.) An Individual Name (type or printed): By: (SEAL) Doing business as: Business address: Phone No. Email address: A Partnership Partnership Name: (SEAL) (individual's Signature) Fax No By: -- --- --- (Signature of general partner - attach evidence of authority to sign) Name (type or printed): Business address: Phone No Email address: Fax No. Wilson Park Court Improvements 00400 - 5 Bid Form DOCUMENT 00400 - BID FORM (continued) A Corporation or LLC Corporation Name: Benchmark Construction Company of NWA, Inc. (SEAL) States of Inrnrnnratinn• Arkansas Ty e (Genel Bu n�ss, Professional, Service, Limited Liability): go Stephen Smith, CEO (Signature of general partner - attach evidence of authority to sign) Name (type or printed): Title: CEO (CORPORATE SEAL) .� Attes . (Signature of Corporate Secretary) Phone No_ 419- a 5r -) 3) ( Fax No. 'r_ Email address: bench /Y a_r"onst a) a- 4C Tax ID Number (TIN): -1I-Oy-1-753Z Unique Entity Identifier (UEI) # L- Ri N 2y�o LI .1 "K a 1�:� Cage Code: 90 O R e _ Wilson Park Court Improvements 00400 - 6 Bid Form DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: BID # 24-21, CONSTRUCTION — NORTH STREET IMPROVEMENTS Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value Clearing/Demolition Benchmark Construction 10% Benchmark Construction .004% Apac 12% Benchmark Construction 14% Benchmark Construction 1 % By Owner SWPPP/Erosion Control Asphalt Concrete Landscaping Material Testing Other (designate) NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signature 20-2179 — North Street Improvements 00430 - 1 Phase I - College Avenue Intersection List of Subcontractors AIA G703 Contractor's Qualification Statement SUBMITTED To: CITY OF FAYETTEVILLE SUBMITTED BY: STEPHEN SMITH, CEO NAME: BENCHMARK CONSTRUCTION OF NWA, INC. ADDRESS: 333 WEST POPLAR ST, STEW, FAYETTEVILLE, AR 72703 PRINCIPAL OFFICE: ABOVE (XX) Corporation NAME OF PROJECT: North Street Tmprovements § 1. ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? 38 Years § 1.2 How many years has your organization been in business under its present business name? 11 years § 1.2.1 Under what other or former names has your organization operated? Marinoni Construction Company, Inc. § 1.3 If your organization is a corporation, answer the following: § 1.3.1 Date of incorporation: June 1976 § 1.3.2 State of incorporation: Arkansas § 1.3.3 President's name: Roger Ross § 1.3.4 Ceo name: Stephen Smith § 1.4 If your organization is a partnership, answer the following: § 1.4.1 Date of organization: Not Applicable § 1.4.2 Type of partnership (if applicable): § 1.5 If your organization is individually owned, answer the following: § 1.5.1 Date of organization: June 1976 § 1.5.2 Name of Owners: Stephen Smith, Roger Ross § 1.6 If the form of your organization is other than those listed above, describe it and name the principals: NA § 2. LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. Jurisdictions: Arkansas. LICENSE NUMBER: 0033500524 Trade Categories: General Construction of Commercial, Industrial and Institutional Projects § 2.2 List jurisdictions in which your organization's partnership or trade name is filed. Arkansas Secretary of State § 3. EXPERIENCE § 3.1 List the categories of work that your organization normally performs with its own forces. Site Work, Dirt Work, Concrete, Framing, Masonry, Supervision, Rough and Finish Carpentry, Specialties §3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details) § 3.2.1 Has your organization ever failed to complete any work awarded to it?: No § 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? No § 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? No 3.4 Projects Completed in the last 7 Years: Northwest Arkansas Regional Airport —Rental Fleet Maintenance Facility Dale Scarbrough, WDD Architects (479-442-6681) City of Rogers Veteran's Park Concessions/Maintenance Buildings Jim Swearingen Architect, Crafton Tull and Associates (479-636-4838) City of Fayetteville Compost Facility Lynn Hyke(479-466-7589) Gravette Middle School Annex David Swearingen, Crafton Tull and Associates Architect (479-636-4838) University of Arkansas —Davis Hall Historical Renovation/Addition. LEED Certified. Rob Sharp Architect (479-442-0229) Lincoln Athletic Complex (Football field, field house, track, concession/restroom building) Lewis Elliott Architects, Mary Ann Spears, Supt of Schools (479-824-7310) City of Springdale ---Shiloh Restroom/Basement Remodel Don Mobley Architect (479-466-1746) Highlands Oncology Cancer Treatement Facilities—Crafton Tull and Assoc Architects. Wes Burgess Architect (479- 878-2452) Kathey Parker, Owner (479-587-1700) Starlight Skate Rink Renovation Jim Key Architect (479-444-6066) SourceGas NWA Headquarters— Polk Stanley and Assoc, Craig Curzon Architect (479-444-0473) American Electric and Power/Swepco Office/Warehouse Addition AFHJ Architects (Zed Johnson, Retired) University of Arkansas—Brough Commons Dining Hall, Harrison French Architects, Lance Weatherton, Architect (479-273-7780) JFS Fabric Store and Ulta Beauty Supply —Larry Ogrinc (logrinc(aAdr,com) , Owner Rep for Developers Diversified. University of Arkansas Harmon Parking Garage Renovations —Polk Stanley and Assoc, Craig Curzon Architect (479- 444-0473). Jim Beatty Engineer. Sequoyah Maison Condominiums —Rob Sharp Architect (442-0229) Tyson Research Farm Broiler Houses/Operations Facility —Chris Hall Bank of Fayetteville Renovations Bob King, President (479-444-4444) Decatur School District FEMA Storm Shelter/Gymnasium—Jim Mayer Architect (479-246-0055) City of Fayetteville Transfer Station —Brad Hammond at Mcgoodwin, Williams and Yates Ft Smith Airport Taxiway Paving —Brian Mauer, Engineer Boulder Ridge Fellowship Bible Church —Jack Murray (479-790-2854) City of Fayetteville Taxiway B—Garver Engineers Blowing Springs To Metfield Park Multi Purpose Trail Greenway Extension—EDG and Garver Engineers Spring Creek Multi Purpose Trail Extension/Bridges—McClelland Engineers Black Hills Energy Contractor On -Call. Highland Oncology Contractor On -Call. Bekaert Trail Greenway Extension—NWA Trailblazers Dean's Trail PH 2 Tunnel and Greenway Trail Extension —Garver Engineers Archibald Yell Improvements —City of Fayetteville 13' St. Multi -use Trail Improvements —City of Rogers, Ar —McClelland Engineers § 3.4.1 State total worth of work in progress and under contract: Work in Progress: $7 million Work under contract: Most projects are in negotiation and not under contract terms at this time. § 3.5.1 State average annual amount of construction work performed during the past five years: $6-S8 million § 3.6 List the construction experience and present commitments of the key individuals of your organization. Stephen Smith, owner, 38 years experience in commercial/industrial construction Roger Ross, owner, 35 years experience in commercial/industrial construction Chuck Ketcher, Supt, 26 years experience in commercial/industrial construction Rick Vasquez, Foreman, 30 years experience Armando Vasquez, Foreman, 25 years experience Roberto Sanchez, Foreman, 30 years experience Thomas Sargent, Foreman, 33 years experience The remainm personnel with an average of 12 years working in our company consist of the rest of the construction eam. All of our personnel carry skills to self -perform projects that allow schedules and budgets to be met. Simplly stated, we are not a broker contractor. Note: Our construction team, from the owners down to laborers, are 100 percent committed to satisfying each client. The ownership is not involved with anoutside investments (le developing etc..) that would distract our commitment to servingour clients!! TKe ownership also takes an active role in the projects that we build. Project management/Supervision is handled by the ownership, therefore a vested interest in client satisfaction is our objective. § 4. REFERENCES § 4.1 Trade References: Brown Hiller Clark Insurance, Scott Clark, 452-4000 Tune Concrete 442-8251, Dennis Tune, 479-442-8251 Darragh Company, Ronnie McDaniel, 479-651-6800 Meeks Lumber Company, Tom Hamaker, 479-442-2351 Architects and Engineers: Have worked with all major firms in the NWA area over the last 33 years. § 4.2 Bank References: Bank of Fayetteville (Bob King VP, MaryBeth Brooks President) 479-444-4444 $500,000 Line of Credit § 4.3 Surety: §4.3.1 Name of bonding company: Westfield Insurance Company § 4.3.2 Name and address of agent: Brown Hiller Clark 5500 Euper Lane Ft Smith, Ar 72913 Scott Clark 479-452-4000 § 6. SIGNATURE § 6.1 Dated at this 5" Day of February, 2024 Name of Organization: Benchmark Construction of NWA, Inc. By: _Stephen Smith Title: CEO CITY OF ._ FAYETTEVILLE ARKANSAS nOTASUGTION Bid 24-21, Construction - North Street Improvements (Phase 11 DEADLINE: WedM W r FeGAtr,7, WH rt3:W PM CenlmmmS AT lEI SLSBAGEAR O LEI, Ell. as 1-1 ILE ores, Benchmark Construction Brothers Construction Inc Company of NWA, Inc. $789,747.50 $994,022.00 TnIBI Line$ eamenk l OTT uoA9 Lea Drendm um seemed ROPOWAY CONETRVC110N CONTROL 1 LS $11,411. $1]A3].W RGIRES.W $90.W]W BONDS &INSVRANCE 3 LS $30.9W.AD $'IT"AD $35,W].AD $35ND.0] TRENCH AND EXCAVATION SALATY SYSTEMS 3 IS $6BO.W $6BOW $SADMER ] $1G,.GA IXEPRIHG, GRUBBING,_ AND DEMOLITION 3 IS $B9,P30.W SCAN W $3IS3.W $35,WD.W 5 EROSION 3 IS $3,3e.TO $3.3W.W SALEASE,O] $33,250M 6 COANRROLN _ _ AND M MAINTENANCE 1 IS $SALE"REW $]35AlO.W S51250.W $51,S4%W.CO ] _ _ _ MOBLIDCTION( MOBN]ATIANDSACET 5%MAX TOTAL DID AMOUNT) _ 3 IS $]9,SW.W $S.. .W $CAS WD.W $45,SI B LLAUCEINP4E, UNDERCUT GP IXEIELIPLLOWPNCE) I50 AY SAGE27 $B.B90S0 SXI.ADD. 9 ROCK IONIPLLGWPHLN RDCROAREE LY $ABIDE] $5.]W.Os $$3 .W SA NM.CO $6,¢O.CO SO _ _ _ D gVPX]ITYj _ ULECTE NEDEMGNT(AL RE ]W CM IOSLARSSHELF, $30S 11 MBAS UENAN CEj LY SMAR3.W IB.20.W $S6.W S2A m.CO O 13 MFREPARH WPNTRY) EMER EAR WENT (PLAN QUANTITY) NO 5f n' S.D.$SEDGE $11,M4H $AILS GlAme $G'GAAm 13 _ SVTGMS PREPARATION (PLAIN gVPH TITY SUNU � 434 SY SGANS $3,W0.44 $SE.CO 14 TOPSOIL PLACEMENT GAIT SEE $BDOR $3.]W40 $AILS s'AAXAO $AGGELD, 15 _ ED 33 LE MEADS $IA9.9B 16 FM INyEI _ IN1AUSPHIM Arse, 3 EA $4.3105 $&PASS TEPICACO $]p AM."A"S .S 17 Course 1111 71 I6"I AREA 434 SE $SLOG $$A'.AM E. $S6.W $34,3A.S SAASG 16 C1Bare IX S Course IPCHMSCI 13°I AREA C11- HIMEPA 3 TON NOLOQUE72 $L350S SABASEES.O $LASS 19 ALI CASES, I3"NCRET ll Su,lEa Course MO MSC' 3A TEN $SPITE, $9IpS33 $N'so $STAGAN .S 30 AN SU TE CONCRETE CURB PNOTICAL) HX ttVS1VE OF MODIFIED CURB GVnER CURB sfil IF $49fi1 $$LAN $03.W G. $$'AEC. 31 CDNGETENMIVECINEM 33 IF ESEA. $LESASM MISS $1".AN 31 4" THICK CONCRETE (WIDTH WELLS, COXAETE IN FILLPRU BETWEEN CURB AND SIOEWAej 13 SY $ILLS SAW TO $EAGER CO $1305 $3,990 W 33 FARE INI ILTEELINCLUDES 4" THICK CONCRETE MOMENT SY 593.3E $IONDA fi $11'.. $3 34 ((WIDTH VALUED 6" THICK CONCRETE MOMENT(WIDTHADD AS AS 65 SY $$810.]0 $11'.S C.AAT $9sam 35 6" THICK CONCRETE PAVEMENT (MR 6 SY 51"AS $$SFPl $Be.36 $'SLAB 36 STREET WEE E D,DEMNL35N1 ONGREPAVEMENT 'FOR STREET WEANING. DETAIL BOB) ]]] $964] $1].MN.. $166.00 DISBOD $SA383S 37 _ CONCRETE ORIVEWAING 39 n, $AM $4,A3.2 $1]S.S $fi.B10.S WALL CONCRETE RETAINING WALL 3fi IF A $SB3.B1 A $15,153.00 $92.W $N.9SS AFT SEMINTANU MV4[HIXG 1 ACRE $0,]BTW $6,3S.W $TAWS IA SY $9.3DR I'LAS."A $1A13.]II $3,30B.S 31 TEKIHG SO MG 53613E $3,613EAT ALL. $1$IS $1,SW.S 33 6'PAVEMENT MARKING ITNGMOPWTICj LE $N40 $$EA.B4 $G. $41]3W 33 B"PPVEMENTMARKING nNAMOPWTIQ .7 6] IF $6.4p $361.5 $CAW $9035 34 13" PAVEMENT MAKERS ITHERMAV3TICj 96 I£ $S.A].M $13S 35 T. _ IF GSIORTQAAT 531.6E $]s,32.30 $1s.W 17JECUJ $1],]SS_ 36 TURN AEMENi ARKIGN4nHER OPUSEDIC) TVRHPRRMICEZRN4ITN EflMOP1A5rl Cj 3 EA $GA" $550.5 $I,M.O] 37 HANAGPACCESSECTA $$".31 LAB'B0 $I33A. $AILS $$11'.➢] 39 _ CAST-INYGQ DETECTABLE WARNING PANEL S Sf $53.GO $A,339.30 $44.5 $3,SM.0] 39 1 G $1,3M1.S $L35'.W $26WS $3,,CGAU 41 MELHAN1GN5 STEEL HANDRAILPHALT STRfl OR APPROVED EOVPLj ]u LF $$A, $'SOS $ILLS 41 MIOUNT 333E SY AS $1210 Ts"ECANGREATIES $1623LA $46S $SLUM 43 CONCRETE COLDMOUNTEA SY $3B54 $B,IGS]S $NAOO.GO $9.000S 43 STAIRS A SY $1..1 Is11C. SE,EGMAASG.13 _ $].An $14,0]O.S 44 _ MUST RI FEEDER RIM ELEVATION OFE%EST EXISTING NEVER MAN XOLE (OVER 10'j_ _ ] EA N.s$2.S $4,59IS $13.S$3. $13,SS.S 4$ FEEDER WINE 31 LF $3.]0 $3.]SAJ $LODO.S 4fi I _ _ __ _ TRAFFICSIGNAL READ. LED, 14 WAY) 1 EA $3,A0S $3AM.S _ $y ILL, $yle.W 47 SECTION, I _ TRAFFIC SIGNAL READ. N,] 3 EA $3"FEED $4,E,B.S ARLAR $5'S.S $S.O1 2 TRAFFIC SIGNAL NS,LEDNSECIT, RED LED RETROFIT, 113"YELLOW EA $15s.W $11'.W 49 NE) __ TRAFFIC SIGNAL LEDRETROFIT,SIGNA'YELLOW PflflOWI USED, 4 4 G MONO 5593.5 $SSS,S SOLED $'I s0 REMOVE AND PELDGTENSIGNALHEA,HEAD _ 3 EA SELF, $SODS $GELS $933.W $1 CWNTWWHPSE$TflIAH SIGNAL HEAD, LED 1 G 14.00LF, $L14LW $A,]9LS $$FW.S $3AW.W SS PEDESTRIAN SH 1 EP $MCI $LACKS $$,.A.F. AT $""DEED 53 BRNALLAC ODENSE i NON MRAWCCW WDIU 23 LF $4J93 $LADS $L35ITS 54 TRAFFIC SIGNAL CABLE(SU14 A W.6 194E LF $4.73 SEPAL, NA $SW $9�AO.S A TEUIDSTED SIGNAL CABLE W A LF $BIT1,In SFALS56 $1595.5 $LA1.W 56 A TRADED SIGNAL GBe DOCAM WG. DOCA M 393 .3 li $13.51 $53AA3 ES. $EPW $S.sS.S ST PITH WITH FOUNDATION Mp') TRADED SIGNAL VASTARMPOLE 1 EA $SL393S $55.3915 $S].3N.W $$1,3S.S A POLE WITH FO UN OPTION t G $TADS $GILLS $],ANDS $],AWLS 59 VGOE00514HPLPSESTPL GALE AGAT.1 LF $303 $S.1A.51 MEW $L16LW 2 ELECT ELECTRICAL COXOURERiIN- COI IIUBP W GG.IA.ACJELSC SS LF $3.M $$2111A0 $3W $ILEASTW 61 ELECTRICAL CONDUCTORSFO WG., E.4. C.1 IF $1.]6 MALL $33SW 62 LUMINAIRU13A ELECTRICAL CONDUCTORS FOR LUMINAIRES OUSH 434 $ALES LVALAD $1.SBC.10 $'.CALL 3 BE G $L3R3.W $1,QGON2PEADD ..S $L35GAM $S.S... 60 BUTTS REPLACEMENT 5 G $693.W $MADE. $]SAS $SENT. 65 3 G $SAES $6A.d1 $3e.W $63e. fib REINSTRMNSIGNAL NG STANDARD STANDARD LIONS RELOCATION ] U $3I2AT $SEDATE MEALS $L9WS RELOCATION OF VIDEO L G $4IES $4]3.W $49].W $4EDOC 69 65 TRAFFEOIGNALEDETECTOR EgVIPM ENi REMOVAL GNAL 1 IS $4A". $3,SSW .. $3,SSS 69 CANLTSIGXPL TRAFFIC NNTROLPER MOAfIUTWNI 1 G STOE]S $S,A6S $L036.W $ALIAS MEDALS ]O ONCRE E PULL CONCRETE S EA $3,]6LS $IO.BUS.W $".AS $11,1505 ]] FOPTIC OPTICAL RESGRION Of OPRIGLPR EEMPRION OREROR -------------------- 3 G $SSA3.S $3.553W $DAWAT $SSS.S a�a PARTS"u, PurtlwYn9 ARn1 PROPOSED LEGEND o CURB AND GUTTER N PAVEMENT MARKING SYMBOL (AS INDICATED) I" ul Q � U �� ��NV) SOLID STRIPING (WIDTH AS INDICATED) A� z Q N w U SKIP STRIPING (WIDTH AS INDICATED) Q � � U, �� I I I I I CROSSWALK STRIPING W W p1 59+00 Z O J I - - PROPOSED CENTERLINE m1rQ 000 W a I I � Lu Q r LL I I a I I I I FGIER SRW PRSAL TEMPORARY PAVEMENT MARKINGS TO BE O PLAN KEYNOTES✓7 PLACED DURING CONSTRUCTION TO 102 EXISTING TO REMAIN ENSURE SAFE DRIVING CONDITIONS. 205 6" WIDE SOLID STRIPE, WHITE (THERMOPLASTIC) �\ Sn I I PERMANENT PAVEMENT MARKINGS TO BE 206 6" WIDE SKIP STRIPE, WHITE (THERMOPLASTIC) 7-Z3 I COORDINATED WITH ADJACENT PROJECT 208 6" WIDE DOUBLE SOLID STRIPE, YELLOW (THERMOPLASTIC) `I a I ARDOT JOB #040887 209 8" WIDE STRIPES, 4' O.C. @ 450, YELLOW (THERMOPLASTIC) I I 226 THERMOPLASTIC PAVEMENT MARKING, AS SHOWN IN PLANS ORIGINAL SIGNATURE ON FILE J) I I m I I N O M O w I I N Q L I I Q z � I I DC oC I I a � Q o I I Q W J V; z I� j ❑ PLAN DETAILS w O I I 7-2 TURN ARROW MARKING J W I I 7-3 "ONLY" MARKING V l O 0 ST15 CROSSWALK AND STOP BARLu U W 35' a ~ LL- Oa ° NORTH STREET ' U T1 PLAN NOTES 205 1. ALL SIGNS AND PAVEMENT MARKINGS TO COMPLY WITH THE LATEST VERSION OF ro MUTCD. rn _� - — 57+00 11'4L:a u102 ' �- - �- - 58+00 96 I- 11.5' - I� - - 59+00 112' 1 26' 11, - -�� _ -— - 13 (TYP.) 60+00 83' T1 7-2 -1 ' mum11 208 7-2 T— - 100' 209 208 61+00 � I I I I I I rn I r1*1 35' N K� w1�BW. �IN C O O U LLJ (L. n Q I W Z > p O Z 0 U u w a) O Q v7 / w c ro 0 w c Q 0 / c N_ w O F- c ra L PAVEMENT L MARKINGS L O u AND SIGNAGE L V) J--1 LO DESIGNED BY: DRAWN BY: z PLAN SCALE LST LST p� DATE: REVISION: n 20 0 10 20 40 9/5/2023 BID N p SCALE: JOB NUMBER: N 1"=20' 20-2179 N IN FEET 1 inch = 20ft. P M — 1 1