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.
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PLACED DURING CONSTRUCTION TO 102 EXISTING TO REMAIN
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I I PERMANENT PAVEMENT MARKINGS TO BE 206 6" WIDE SKIP STRIPE, WHITE (THERMOPLASTIC) 7-Z3
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a I ARDOT JOB #040887 209 8" WIDE STRIPES, 4' O.C. @ 450, YELLOW (THERMOPLASTIC)
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N 1"=20' 20-2179
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IN FEET
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