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HomeMy WebLinkAbout125-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 125-24 File Number: 2024-1882 BENCHMARK CONSTRUCTION OF NWA, INC. (BID AWARD): A RESOLUTION TO AWARD BID #24-28 AND AUTHORIZE A CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $989,779.09 FOR STORM DRAINAGE INSTALLATION ALONG THE MISSION BOULEVARD TRAIL, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 TRAIL IMPROVEMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-28 and authorizes Mayor Jordan to sign a contract with Benchmark Construction of NWA, Inc. in the amount of $989,779.09 for Phase 2 of storm drainage installation along the Mission Boulevard Trail from Viewpoint Drive to Old Wire Road, and further approves a project contingency in the amount of $50,000.00. 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 May 7, 2024 Page 1 Attest: Kara Paxton, City Clerk Treasurer a:Flk`IETiF�tMlrr.`r CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 7, 2024 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Mihalevich, Active Transportation Manager SUBJECT: 2024-1882 Mission Blvd. Trail Storm Drainage Phase 2 Installation RECOMMENDATION: 2024-1882 Staff recommends award of Bid 24-28 and authorization of a contract with Benchmark Construction of NWA, Inc. in the amount of $989,779.09 and approval of a $50,000 contingency for phase 2 of installation of storm drainage for the Mission Blvd. Trail from Viewpoint Drive to Old Wire Road and approval of a budget adjustment. BACKGROUND: In March 2023, Resolution 50-23 awarded bid 23-17 to Sweetser Construction for phase 1 of the storm drainage from Old Wire Road to North Street. Phase 1 contract work was completed in February 2024 and City crews are working diligently to complete the shared use paved trail in phase I. The method of using contracted work and City crews has proven to be efficient in terms of both time and cost. Award of this bid will continue this successful approach into phase 2 for the section from Viewpoint Dr. to Old Wire Rd. The entire project is 1.5-miles long and includes a 12 and 10-foot-wide shared -use paved trail along Mission Boulevard (Highway 45) from Viewpoint to Maple Street. The trail will include green space separation from the street with trees, lighting, curb and drainage with a focus on bike and pedestrian safety. This project is identified as a priority in the Active Transportation Master Plan, a catalyst project in the Northwest Arkansas Bicycle & Pedestrian Plan and ranks number 6 by the Mobility Plan project prioritization scoring matrix. DISCUSSION: Bid #24-28 was opened publicly on March 27th, 2024, with two bidders providing bids. Benchmark Construction of NWA, Inc. being the lowest responsive bidder and the bid tabulation is included. The bid amount is greater than the engineers estimate but within the amount funds certified. The contract time is 180 days for final completion. BUDGET/STAFF IMPACT: The total cost with contingency is $1,039,779.09 to be funded with remaining trail bond funds. The budget adjustment moves funds within the trail bond into the Mission Blvd. Project. ATTACHMENTS: SRF (#3), BA (#4), Mission Blvd Trail Map - Phase 2 (#5), Benchmark Signed Contract Agreement (#6), Bid 24-28, Bid Tab - Final (#7), Bid 24-28, Submittal - Benchmark Construction Co. of NWA - E (#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 #: 2024-1882 20244882 Mission Blvd. Trail Storm Drainage Phase 2 Installation A RESOLUTION TO AWARD BID #24-28 AND AUTHORIZE A CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $989,779.09 FOR STORM DRAINAGE INSTALLATION ALONG THE MISSION BOULEVARD TRAIL, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 TRAIL IMPROVEMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-28 and authorizes Mayor Jordan to sign a contract with Benchmark Construction of NWA, Inc. in the amount of $989,779.09 for Phase 2 of storm drainage installation along the Mission Boulevard Trail from Viewpoint Drive to Old Wire Road, and further approves a project contingency in the amount of $50,000.00. 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 Mihalevich Submitted By City of Fayetteville Staff Review Form 2024-1882 Item ID 5/7/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/28/2024 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Resolution to award Bid 24-28 and authorize a contract with Benchmark Construction of NWA, Inc. in the amount of $989,779.09 and approval of a $50,000 contingency for phase 2 of installation of storm drainage for the Mission Blvd. Trail from Viewpoint Drive to Old Wire Road, to recognize interest earned on the Trails bond, and to approve a budget adjustment. 4703.860.7302-5814.05 Account Number 46030.7302 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Budget Impact: Trail Projects (2022 Bonds) Fund Trail Projects (Bonds) - Mission Blvd Corridor Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 130,352.00 $ 123,847.50 $ 6,504.50 $ 1,039,779.09 $ 1,039,780.00 6,505.4 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 50-23 Change Order Number: Original Contract Number: Comments: Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number ENGINEERING (621) 2024 /Org2 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Resolution to award Bid 24-28 and authorize a contract with Benchmark Construction of NWA, Inc. in the amount of $989,779.09 and approval of a $50,000 contingency for phase 2 of installation of storm drainage for the Mission Blvd. Trail from Viewpoint Drive to Old Wire Road, to recognize interest earned on the Trails bond, and to approve a budget adjustment. COUNCIL DATE: ITEM ID#: 5/7/2024 2024-1882 Nolly Black 3/28/2024 10:37 RIn Budget Division TYPE: JOURNAL#: Date D - (City Council) I GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 290,820 290,820 v.2024322 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Proiect Sub.Detl AT Account Name 4703.860.7302-5814.05 4703.860.7302-5911.99 989,780 - 50,000 - 46030 7302 EX Improvements -Trails 46030 7302 EX Contingency - Capital Project 4703.860.7302-5911.99 (16) - 46030 7302 EX Contingency- Capital Project 4703.860.7300-5911.99 (17,580) - 46030 7300.1000 EX Contingency - Capital Project 4703.860.7304-5860.02 (3,066) - 46030 7304 EX Capital Prof Svcs - Engineering/Architects 4703.860.7999-5899.00 (1.019.118) - 46030 7999 EX Unallocated - Budizet 4703.860.7000-4707.47 4703.860.7999-5899.00 290,820 290,820 46030 7000 - 46030 7999 RE Interest - 2022 Project Funds EX Unallocated - Budget \\city\dfs\Divs\Engineering\Trails\Projects\Mission Blvd Trail\Design\Storm Drainage\Phase II - Ranch to Viewpoint Bid\City Council Bid Acceptance\2024-1882 BA Benchmark - Mission Blvd. Storm Drain ph2 1 of 1 N W+ E S u "Wooidland-_ v r Ash St o Y FHealth St V ry k New 12 foot wide Shared Use Q Paved Trail (South Side) s �� are �0 Evelyn Hills of ks Lake North St Razorback- Mission Connector UCi grYan fin. Emers Street -Emerson Ln. akeside Dr. Rush Dr. Jackson Dr. 0R On -Street Bikeway ( , . . .... /, 'A (Complete) woodlawn Dr. Prospect Street ��rur��rnr��r��rur��ruu Wilson Park AphPgC4 Street .. �•rCr)tp"r��r ��rr�r��■urnr��■urnnnn�■ > n Swq _ - < Jofinson Sty o a vu Q �, Q o Gunter Sz c N ' c� M t` 4 of Maple St a a Maple Street 2 Washington; c _ V > 4_ > Q, Lafayette St Q -0 45 m > 01 Dickson St Existing12 foot wide Shared -Use Paved Trail Niokaska Creek Trail To Razorback Greenwa)�airview Memorial JT� ai > ) a -_ 5 a> E M ID U O B d <� ion iv M m i . d No Root 6> p Y Q Upgraded Crosswalks with Flashing Lights I / I ,bA a, New Trail Crosswalk i New 10 foot wide Shared Use Paved Trail (West Side) .t Q -21 3 —0v V Legend Mission Blvd. Trail (2023 Construction) Existing Shared -Use Paved Trail Mission -Razorback Connector (Complete) Enhanced Crosswalks With Flashing Lights CITY OF FAYETTEVILLE Mission Blvd. Trail - 1.5 Miles January 2023 ARKANSAS 0 O.125 0.25 0.5 Mission -Razorback Connector Bikeway - 1.1 Mile Miles DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: MISSION BLVD. TRAIL STORM DRAINAGE (PHASE 2) (VIEWPOINT TO RANCH DR) Contract No.: 24-28, Construction — Mission Blvd. Stone Drainage (Phase 11) THIS AGREEMENT is dated as of the 7 day of May in the year 2024 by and between The City of Fayetteville, Arkansas and Benchmark Construction of N WA. Inc. (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The project requires demolition, removal, and replacement of existing storm sewer inlets and pipe, curb and gutter, fencing, waterlines, sidewalk, and asphalt pavement. 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. No burning or blasting is allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and 00500 Agreement 00500- 1 DOCUMENT 00500 — AGREEMENT (continued) responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 150 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 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 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) 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 cornpletion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. I . 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. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT (continued) 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT (continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 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. 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Mission Blvd. Trail Stone Drainage (PHASE 2)(Viewpoint to Ranch Dr.) 8. Addenda numbers 1 inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: Al I 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. 00500 Agreement 00500- 8 DOCUMENT 00500 — AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any 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 00500 Agreement 00500-9 DOCUMENT 00500 — AGREEMENT (continued) 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. 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: May 7 B�: Stephen Smith By: (Type or legibly print) (Signature) (Si 2024, which is the CITY OF FAYETTEVILLE Title: CEO Title: Mayor Contractor shall attach evidence of authority to sign. if Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of 00500 Agreement 00500- 10 DOCUMENT 00500 — AGREEMENT (continued) State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) Attest ,�NN1111I� (SEAL)•GX, Y p;� ••.`rG Attest =U;FAYETTFVII_H •. 9 �J . �. 00500 Agreement 00500- 11 DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices 333 W. Poplar St.. Ste `A' 113 W. Mountain St. Fayetteville, AR 72703 Favetteville. AR 72701 License No. AR 0033500524 Agent for Service of process Stephen Smith (Type or legibly print) (Signature) Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity Approved As to Form: or LLC, attach evidence of authority to sign.) By: Attorney For: END OF DOCUMENT 00500 00500 Agreement 00500- 12 CITY or FAYETTEVILLE ARKANSAS BIDTAN UnON Bid 24-28, Construction • Mission Blvd. Drainage Improvements (Phase 11) DEADLINE: Wednesday, March 27, 2024 a12:00 PM Cerllflcatlw of Funds: $800,000.00 S1,000O00.On.,it ollowetl) Benchmark Construction 5weetser Construction, Inc. Company of N WA, Inc. $989,779.09 $1,066,759.00 Total FMB D c Ott uJ unK Extended unit fa[endetl 1 Mobilixacion(Shall not exreed 5%of Total Bid, minus Insurance and Band'en t l5. 537,664,00 $37,66600 $15,765.00 $15,765.00 2 Insurance and Handing t I.S. $30,538,00 $30,539.00 $13,500.00 $13,500.00 _ 3 _ Construction Contml(Staking) 1 L.S. $13,950.00 $13,950.00 $913m,w _ $9,3com 4 Trench Examined and Barren, 1 L.S. $4,310.00 $4,310.00 lis"WoAO $Spoon" 5 Traffic Control 1 L.S. $53,030,00 $53,030.00 $0,000.00 $50,000,00 6 Erosion Control 1 I.S. $20,250,00 _ $20,25GAO $15,000.00 $15p00.0O ] Clearing, Grubbing & Demolition 1 _ L.S. $146,900.00 $20,000.00 $20p0000 8 Select Fill outside. he directed) 150 C.Y. $63.33 _$146,900n0 $9,499.50 $48.00 $7,20000 9 Class 7 Bands (Truck tickeade directedl 200 TON $43.85 $8)70.00 $44.00 $8,800.00 10 4"Thick 41 PSI Uncrete Trail with fiber As dowels As Oieted) Too S.Y. $112.10 $11,210.00 $74.00 $]p00,00 I Curb& Guttes,TWe O square) 2935 L.F. $".Be $141,134,80 $48.00 $140,990.0. 12 Lip Curb &Gutter _ _ 1014 L.F. $38.55 $_39,089.70 $40.00 $40,560n0 13 4'a4'Reinforced Cond. Area Inlet& ConneRlons IS Openings(241 - - _. _ 1 E.A. $6,180.00 $6,180.00 $6,500.00 $6,50000 14 5raS' Reinhrced Conc Area Inlet B ConneNons&Openings(]-3,1-5) 2 _ EA $7.335n0 $14,670.00 $6,SnOnO $13,00,00 15 4'x4'Rein(orced Caere. Curb Inlet &Careworns(313A,3 GI 6B,3-7A,3&4,3-BIBB BA3-10) 9 E.P. $5,823.33 $52,409.97 $6,0I $54,000.00 16 7'a8'Rein(orced Conn. Curb Inlet &CanneNons(3-2) 1 E.A. $19,01 $19,060.00 $13,500n0 $13,500.00 17 6'x8'transferred Conc. Curb Inlet& CDnnetllons(3-0) _ 1 E.A. $17,800.90 $17,800.00 $12,00I $12,000.00 18 4'x6'Iunction Box (3-3& 35 Cons. Cutting Fx. NCP&Camarde nsl 2 E.A. $7,145.00 $14,290.00 $7,000.00 $14,000.00 19 4' x 4 Tumbled BOx(36,Bd,3N 3 E.A. $6,226.67 $18,680.0] $5,500.00 $19,500.00 20 4'x 5' Tumbled Box (2-3) - - _ _ _ _ _ _ 1 E.A. $6,540.00 $6540.00 $7,000.00 $7,000.00 21 5' x S Junction Box (2-1) _ 1 E.A. $7,117.00 $7,117.00 $7,500.00 $7,500.00 22 4' Curb Inlet Enension 13-u2),3412),3-5A(3),33n),3'8An1,3-8B(3),39A,3-10) 18 E.A. $1,040.53 $2,401 $43,200.00 23 4' Wide Flume with Side curbs (3 _ 7 LF. $130.90 _$18,729.54 $916.30 $150.00 $1,.".0 24 1 Thick Box Top Extensions with as Reber (Create a 12wide top) 44 S.Y. $195.13 $8,585.72 $150.00 $6,600.00 25 Is- plead End Section p-1,231 3 EA. $1,291.92 $3,275.76 $"BOB $2,970n0 26 Is- Rounforced Concrete Pipe 461 LF. $97.52 $44,956.72 $135.00 $62,231 27 24- Reinforced Connate Pipe 41 LF. $116.47 $49,732.69 $175.00 $]4,725.o0 28 30' Reinforced Carried Pipe 69_ LF. $159.66 $11,016.54 $300.0o $20,700.0 29 36' Reinforced Concrete Pipe 200 Jr. $224.97 $44,994.00 $450.09 $90,000.00 30 36"Closed End Senion(23I 1 F.A. $2,574.00 $2,574.00 $2,6B0.00 $2,500.00 31 _ 23"x 14" Flared End Settled (14,16) _ 2 EA $CS27DO $3,111 $49.10 $99.00 32 _ 23"x 14"Elliptical Reinforced Concrete Pipe IRCHEPI 73_ L.F. $137.53 $10,039.69 $1,400.00 $102,200.00 33 _ _ _ _ 45"x29"Elbptical Reinforced Concrete Pipe ACHEPI _ LF. $241.77 $51,013.47 $575.00 $121,325.00 34 _ _ _ _ _ 30"x 19 EllpRal Concrete Pipe _211 _ LF. $BIThe $3p3].28 _ $4,800.00 35 Reinforced End Se _ _ 30"x19 Elliptical Reinforced Concrete Pipe End Secdon(R[EP)n-ZA) _ _ _ _ _ _16 1 LF. $9P.00 $9]7.00 ,00.00 $1,650.00 $1,650.00 36 30'x6'Reinforcetl Concrete Box Culvert( RCP ConnMions) 20 $11679.85 $33,597.00 $1,650.00 $33,000.00 37 _ _ 10'x6'Reinfrnced [onnete Box Culvert Wing Walls 40 _LF. L.F. $740.16 $29,606.40 $"BOB _ $19,2W.W � -- 3la��a4 Ama INuss,Sr. PurchatlMANeM CITY OF WA FAYETTEVILLE ARKANSAS Bid 24-28 Addendum 2 Benchmark Construction Company Benchmark Construction Company of NWA, Inc. Supplier Response Event Information Number: Bid 24-28 Addendum 2 Title: Construction - Mission Blvd. Storm Drainage (Phase II) Type: Invitation to Bid Issue Date: 3/3/2024 Deadline: 3/27/2024 02:00 PM (CT) Notes: The City of The City of Fayetteville is accepting sealed bids from properly licensed firms for Phase II of the Mission Blvd. Storm Drainage. The work includes, but is not limited to, demolition, removal, and replacement of existing storm sewer inlets and pipe, curb and gutter, fencing, waterlines, sidewalk, and asphalt pavement. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss(a)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 5 pages Vendor: Benchmark Construction Company Bid 24-28 Addendum 2 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 312712024 12:25:17 PM (CT) Requested Attachments Bid 24-28, Bid Bond benchmarkconst@att.net Email 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 24-28, Required Signature Forms Required Signature Page 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 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. ❑✓ Yes, I agree ❑ No, I don't agree Page 2 of 5 pages Vendor: Benchmark Construction Company Bid 24-28 Addendum 2 4 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. ❑✓ 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 Class 7 Base (Truck tickets)(as directed) Quantity: 200 UOM: TON Price: $43.85 Total: $8,770.00 1 4" Thick 4,000 PSI Concrete Trail with fiber & dowels (As Directed) 0 Quantity: 100 UOM: S.Y. Price: F $112.10 Total: $11,210.00 Page 3 of 5 pages Vendor: Benchmark Construction Company Bid 24-28 Addendum 2 2 18" Reinforced Concrete Pipe 6 Quantity: 461 UOM: L.F. Price: $97.52 Total: $44,956.72 Page 4 of 5 pages Vendor: Benchmark Construction Company Bid 24-28 Addendum 2 3 10' x 6' Reinforced Concrete Box Culvert Wing Walls 7 Quantity: 40 UOM: L.F. Price: $740.16 Total: $29,606.40 Response Total: $989,779.09 Page 5 of 5 pages Vendor: Benchmark Construction Company Bid 24-28 Addendum 2 5500 Euper Lane PO Box 3529 Ft. Smith, AR 72913 (479) 452-4000 www.bhca.com Bid Bond KNOW ALL MEN BY THESE PRESENTS. that we (Here Insert full name and address or legal title of Contractor) Benchmark Construction of NWA, Inc. 333 West Poplar, Ste A Fayetteville, AR 72703 as Principal, hereinafter called the Principal, and (Here insert feill name and address nr legal titan nf surety) 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, are held and firmly bound unto Were insert full name and address or legal title of Owner) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 as Obligee, hereinafter tailed the Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID Dollars (5 5% ), for the payrrtent of which cum well and truly to be made, the raid Principal and the said Surety, bind ourselves;, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Mission Blvd. Site Drainage and Curb (Here inserr full 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 Ohliaee in ncenrdanre 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 j ve such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penally hereof between the arnouat 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 27th day of March 2024 Benchmark Construction of NWA, Inc. (Principal) - — (Seal)__ (Title) Westfield Insurance Company vuQ C (Surety) i Title) (.SQ-Ti j Mary Ann 1 ice , Attorney -In -Fact AIA 4ocument A310TM —1970. Copyright 0 1963 and 1970 by Tne Amedean Instltute of Arotv[ects. General POWER NO. 0320052 05 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint 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 Atiorney(s)-in-Fact, with full power and author itv 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, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE UUARINTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do In the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors or each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the 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 at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of JANUARY A.D., 2023 . Cor orate .a'".",•N� N��,,,,u,.,,..•., N....., Seals ��`?YA•(pC•,,h `PStO AL ., r ��"" WESTFIELD INSURANCE COMPANY .•''�;• •"�,,.-• •�:•,y"°� WESTFIELD NATIONAL INSURANCE COMPANY 0 •• ''• ' .sG • +f Affixed yr •sa. O: p : + '• s�• ma OHIO FARMERS INSURANCE COMPANY '-_ sign�j SEAL raft 1848 Its State of Ohio "" "'"• By; County of Medina ss.: Gary W.ftumpe:r, Nations Surety Leader and Senior Executive On this 27th day of JANUARY A.D., 2023 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Suretyy Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS fNSURANCE 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 Rmedl4t��L ��„„NMNNNIy,- Seal R\ A 1 Affixed •�P; •'`�"�' S� State of Ohio : 0% David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: 1.q}��,.• My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) )IC OF I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 27th day of March A.D., 2024 ,,w.,,•.N. .."•....., at SEAL ;f % °�: SEAL .m_ =C'1840 � t // Secretory Frank A. Carrino, Secretary BPOAC2 (combined) (03-22) CITY OF 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 not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder from th responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are we come to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery appointment with the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the City Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/citVoffayettevillear. 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 #: OR submit electronically. • Arkansas Contractor License #: 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 . �YEor NO Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer YES or NO Telecommunications Device for the Deaf TDD (479) 52 1-1316 113 West Mountain - Fayetteville, AR 72701 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (see attached) Contract Name: MISSION BLVD. STORM DRAINAGE INSTALLATION (PHASE 2) Bid #: 24-28, Construction - Mission Blvd. Storm Drainage (Phase 2) Date: March 27, 2024 SUBMITTED TO: The City of Fayetteville, Arkansas 1 ] 3 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Benchmark Construction Company of NWA, Inc. Name Stephen Smith Address 333 West Poplar St, Ste A Principal Office above Corporation, partnership, individual, joint venture, other Corp Arkansas State General Contractor's License Number 0033500542 (Type or legibly print) EXPERIENCE STATEMENT 1. Bidder has been engaged as a General Contractor in construction for years and has performed work of the nature and magnitude of this Contract for 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/archilecl contact, amount of contract, surety, and estimated completion date.) 00140-Bidder Qualifications 00140 — 1 DOCUMENT 00140 —BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) 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.) Has Bidder ever failed to complete any project? If so, state when, where, and why. 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: 8. Bidder's Workmen's Compensation Experience Modifier Factor is: 00140-Bidder Qualifications 00140 — 3 DOCUMENT 00141) — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) FINANCIAL STATEMENT A. if requested by the City of Fayetteville during the evaluation of bids the bidder shall provide to the City of Fayetteville the following additional information: Bidder possesses adequate financial resources as indicated by the following: 1. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. a 00140-Bidder Qualifications 00140 — 3 DOCUMENT 00140 — BIDDF,R'S QUALIFICATION STATEMENT: (CONTINUED) Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: March 27, 2024 , 2024 (OFFICIAL SEAL) Name of Organization: Benchmark Construction Company of NWA, Inc. By Stephen Smith, CEO (Type or legibly print) By (Signature) Title CEO (Type or legibly print) (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 00140-Bidder Qualifications 00140 — 4 DOCUMENT 0.100-BID FORM Contract Name: MISSION BLVD. STORM DRAINAGE (PHASE 2) (VIEWPOINT TO RANCH DR.) Bid Number: 24-28, CONSTRUCTION - MISSION BLVD. STORM DRAINAGE (PHASE 2) Owner: The City of Fayetteville, Arkansas 1 13 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Benchmark Construction Company of NWA, Inc. ARTICLE I- INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400-Bid Form 00400-1 DOCUMENT 0400-1311) F010I (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number 1 2 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, 0400-Bid Form 00400-2 Date 3-15-24 3-20-24 DOCUMENT 0400-BID FORM icontinncd) investiaations, 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 terns and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Bidder has given The Purchasing Division written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and 0400-Bid Form 00400-3 DOCUMENT 0400-13ID FORM (continued) Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. By endorsing this bid form, Bidder certifies that they are currently not disbarred from doing business with a governmental entity. M. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 4- BID PRICE Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the event all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization' exceed 5% of the total contract amount for all items listed in the proposal or bid minus bonds and insurance. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): 0400-Bid Form 00400-4 DOCUMENT 0400-BID FOR,.N'I (cunlinucd) ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. Zn 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a bank located in the State of Arkansas or a Bid Bond in the amount of Dollars ($ 5% bid bond B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Benchmark Construction Company of NWA, Inc. Email bench markconst@aft net Phone No. 479-251-1316 Fax No. 479-251-1319 0400-Bid Form 00400-7 DOCUMENT 0400-BID FORM (continued) ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. Arkansas State Contractor License No. 0033500524 If Bidder is: Name (type By: ndividual's Signature) Doing business a! Business address: Phone No: Fax No. Email Address: A Partnership Partnership Name: By: (Si;�natur of general partner - Name (type or printed) Business address: Phone No: Fax No. Email Address: (SEAL) (SEAL) idence of authority to sign) 0400-Bid Form 00400-8 DOCUMENT 0400-BID FORM (continued) A Corporation or LLC Corporation Name: Benchmark Construction Company of NWA,(IkFAL) State Rf Ingnmnritinn, Arkansas Typ (General Business, P fessional, Service, Limited Liability): (Signature of general part er-attach evidence of authority to sign) Name (type or printed): Title: 1/1_-�'b _ G� (CORPORATE SEAL) Attzs / (Signature of Corporate Secretary) Business address: 333 Cy, f ,oglk r J� Fa Ife#e Yi//e, "7270 3 Phone No: 479-251-1316 Fax No. 479-251-1319 Email Address: benchmarkconst@att.net Tax ID Number (TIN) 71-0477532 DUNS # L�hA{7�izCT f�•. i1 �425,q ��.=.�- N2Vfi-A Cage Code: 900R2 END OF DOCUMENT 00400 0400-Bid Form 00400-9 AIA G703 Contractor's SUBMITTED To: CITY OF ROGERS Qualification Statement SUBMITTED BY: STEPHEN SMITH, CEO NAME: BENCHMARK CONSTRUCTION OF NWA, INC. ADDRESS: 333 WEST POPLAR ST, STE'A', FAYETTEVILLE, AR 72703 PRINCIPAL OFFICE: ABOVE (XX) Corporation NAME OF PROJECT: MISSION BLVD SITE DRAINAGE AND CURB PH 2 § 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 (lugrinc a ddr.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—Carver Engineers Blowing Springs To Metfield Park Multi Purpose Trail Greenway Extension—EDG and Garver Engineers Spring Creek Multi Purpose Trail Extension —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 13T" Street Sidepath Shared Use Trail and Pedestrian Improvements —City of Rogers § 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-$8 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 remaining personnel with an average of 12 years working in our company consist of the rest of the construction team. All of our personnel carry skills to self -perform projects that allow schedules and budgets to be met. Simply stated, we are not a broker contractor. Note: Our construction team, from the owners down to laborers, are 100 percent committed to satisfying each client. The ownership is not involved with any outside investments (ie developing etc..) that would distract our commitment to serving our clients!! The ownership also takes an active role in the projects that we build. Project management/Supervision is handled by the ownership, therefore a vested interest in client satisfaction is our objective. § 4. REFERENCES § 4.1 Trade References: Brown Hiller Clark Insurance, Scott Clark, 452-4000 Tune Concrete 442-8251, Dennis Tune, 479-442-8251 Darragh Company, Ronnie McDaniel, 479-651-6800 Meeks Lumber Company, Tom Hamaker, 479-442-2351 Architects and Engineers: Have worked with all major firms in the NWA area over the last 33 years. § 4.2 Bank References: Bank of Fayetteville (Bob King VP, MaryBeth Brooks President) 479-444-4444 $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 a 7 T f' ^,W-4:44 § 6.1 Dated at this 13tF'i day oLJyjuwtrc'25, Name of Or ization: Be chmark Construction of NWA, Inc. By: Stephen Smith Title: CEO DOCUMENT 00430 - LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: MISSION BLVD. TRAIL STORM DRAINAGE (PHASE 2) (VIEWPOINT TO RANCH DR) 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 ReTf(t.I-I"R-jv- SWPPP/Erosion Control Asphalt Concrete Landscaping Material Testing Other (designate) j KX24-�Gt'ARk, 15 a:-H �5 uJaQ�L NOTE: This form must be submitted in accordance l witahct the gRstructio�ns to Bidders. 8y aLo,�,sg Bidder's Signature END OF DOCUMENT 00430 00430-List of Subcontractors 00430 — 1 EJCDC=_ ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Benchmark Construction of NWA,Inc. Westfield Insurance Company 333 West Poplar,Ste A P.O.Box 5001 Fayetteville,Arkansas 72703 Westfield Center,OH 44251-5001 City of Fayetteville OWNER(name and address): 113 W.Mountain Street Fayetteville,Arkansas 72701 CONSTRUCTION CONTRACT Effective Date of the Agreement: May 7, 2024 Amount: One Million Thirty-nine Thousand Seven Hundred Seventy-nine And 09/100 Dollars($1,039,779.09) Description (name and location): Mission Blvd.Trail Storm Drainage(Phase 2)(Viewpoint to Ranch Dr.)Contract No.24-28 BOND Bond Number: 403979W Date(not earlier than the Effective Date of the Agreement of the Construction Contract): 5/15/2024 Amount: One Million Thirty-nine Thousand Seven Hundred Seventy-nine And 09/100 Dollars ($1,039,779.09) Modifications to this Bond Form: n None n See Paragraph 18 Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Benchmark Construction of NWA,Inc. (seal) W- ie • Insurance Company (seal) Contractor's Name and Corporate Seal urei 's ame . d Corporate Seal By: /�—ice) By: Signature Signature(attach power of attorney) Scott R.Clark Print Name Print Name CA Attorney-In-Fact Title Title Attest: Attest: ignature Signatur Mary Ann Justice,Witness Title Title Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. EJCDC C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 6. If a notice of non-payment required by Paragraph 5.1.1 is 1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor,that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference,subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall terms. promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant,with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim,stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract,then the Surety disputed;and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials, or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety liens,or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend,indemnify,and hold harmless the Owner against a duly tendered claim,demand,lien,or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 5. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3,and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond,subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants,or Claim;and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described in Paragraph 13). 11. The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders,and other obligations. EJCDC°C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials,or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials,or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished,the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the permit a copy to be made. Contractor as required under the Construction Contract or to perform and complete or comply 16. Definitions with the other material terms of the Construction Contract. 16.1 Claim: A written statement by the Claimant including at a minimum: 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and 1. The name of the Claimant; Contractor. 2. The name of the person for whom the labor was done, or materials or equipment 17. If this Bond is issued for an agreement between a furnished; contractor and subcontractor, the term Contractor in this 3. A copy of the agreement or purchase order Bond shall be deemed to be Subcontractor and the term pursuant to which labor, materials, or Owner shall be deemed to be Contractor. equipment was furnished for use in the performance of the Construction Contract; 18.Modifications to this Bond are as follows: 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials,or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant;and EJCDC'C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 POWER NO. 0320052 05 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make,constitute and appoint 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.- - - - - -. LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARAN I EL,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President, any Senior Executive,any Secretary or any Fidelity& Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as 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 in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the 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 at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of JANUARY A.D., 2023 . Corporate """� ,•N,�CpN��''.., a•''""" WESTFIELD INSURANCE COMPANY Seals 0 .••••..'bC•e, •••', P,.••••••••....'S' WESTFIELD NATIONAL INSURANCE COMPANY Affixed v .AM :0: ! � --:-.... lo z . (4 A p 3�:• '';-- OHIO FARMERS INSURANCE COMPANY •-, Mitt. N: SEAL •�- ;;�;•� 0' F • .. ..... State of Ohio �'''•.nnn..N•••,•` .... . ......". „ ........ ' eq "".."`r' By: County of Medina ss.: Gary W. umper, Nationa urety Leader and Senior Executive On this 27th day of JANUARY A.D., 2023 , before me personally came Gary W. Stumper 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 owe Seal '� 4‘ A2zeidir0A- PP`�V%" S Affixed • a • State of Ohio yt 4D/o David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: 4 •tom My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) '`, TE OF O I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Where f have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 1 5thday of 1 May A.D., 2024 ze:9,...:.s.s.5.‘..8.:1:164.,......./1„,,,.4,:..6.;_s\.:: 1/....,..........;.....1 1 $ ~ N SEAL m c ;f SeaTtary I _ # :y: :r) 1848 : : •`'�- ? •'?'•''• '.o;- '•• •'+�" Frank A. Carrino, Secretary ,,'"•••.q NUN•••'`,,•`,• '••••.N •••"• 4 BPOAC2 (combined) (03-22) 4 EJ_CDC= ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PERFORMANCE BON D CONTRACTOR(name and address): SURETY(name and address of principal place of business): Benchmark Construction of NWA,Inc. Westfield Insurance Company 333 West Poplar,Ste A P.O.Box 5001 Fayetteville,Arkansas 72703 Westfield Center,OH 44251-5001 OWNER (name and address):City of Fayetteville 113 W.Mountain Street Fayetteville,Arkansas 72701 CONSTRUCTION CONTRACT Effective Date of the Agreement: May 7, 2024 Amount:one Million Thirty-nine Thousand Seven Hundred Seventy-nine And 09/100 Dollars($1,039,779.09) Description (name and location): Mission Blvd.Trail Storm Drainage(Phase 2)(Viewpoint to Ranch Dr.)Contract No.24-28 BOND Bond Number:403979W Date(not earlier than the Effective Date of the Agreement of the Construction Contract): 5/15/2024 Amount:One Million Thirty-nine Thousand Seven Hundred Seventy-nine And 09/100 Dollars ($1,039,779.09) Modifications to this Bond Form: n None n See Paragraph 16 Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SU•ETY Benchmark Construction of NWA,Inc. (seal) , es . Insurance Company (seal) Contractor's Name and Corporate Seal uret . e Corporate Seal iv' By: !r/ By: / Signature Signature(attach power of attorney) rrElsvilE NI S,4( /744 Scott R.Clark Print Name Print Name C.—Ca Attorney-In-Fact Title Title Attest. Wsi°111-144Attest: fey nature (.., Signatu he-er Mary Ann Justice,Witness Title Title Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. EJCDC"C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind to be secured with performance and payment bonds executed themselves, their heirs, executors, administrators, successors, and by a qualified surety equivalent to the bonds issued on the assigns to the Owner for the performance of the Construction Construction Contract, and pay to the Owner the amount of Contract,which is incorporated herein by reference. damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the 2. If the Contractor performs the Construction Contract,the Surety Contractor Default;or and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in 5.4 Waive its right to perform and complete, arrange for Paragraph 3. completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as 3.1 The Owner first provides notice to the Contractor and practicable after the amount is determined, make payment the Surety that the Owner is considering declaring a Contractor to the Owner;or Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and 5.4.2 Deny liability in whole or in part and notify the Surety to discuss the Contractor's performance. If the Owner Owner,citing the reasons for denial. does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,request such a 6. If the Surety does not proceed as provided in Paragraph 5 with conference. If the Surety timely requests a conference, the reasonable promptness, the Surety shall be deemed to be in default Owner shall attend. Unless the Owner agrees otherwise, any on this Bond seven days after receipt of an additional written notice conference requested under this Paragraph 3.1 shall be held from the Owner to the Surety demanding that the Surety perform its within ten (10) business days of the Surety's receipt of the obligations under this Bond, and the Owner shall be entitled to Owner's notice. If the Owner, the Contractor, and the Surety enforce any remedy available to the Owner. If the Surety proceeds as agree, the Contractor shall be allowed a reasonable time to provided in Paragraph 5.4,and the Owner refuses the payment or the perform the Construction Contract,but such an agreement shall Surety has denied liability, in whole or in part,without further notice not waive the Owner's right, if any, subsequently to declare a the Owner shall be entitled to enforce any remedy available to the Contractor Default; Owner. 3.2 The Owner declares a Contractor Default, terminates 7. If the Surety elects to act under Paragraph 5.1, 5.2,or 5.3,then the Construction Contract and notifies the Surety;and the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and 3.3 The Owner has agreed to pay the Balance of the the responsibilities of the Owner to the Surety shall not be greater Contract Price in accordance with the terms of the Construction than those of the Owner under the Construction Contract. Subject to Contract to the Surety or to a contractor selected to perform the the commitment by the Owner to pay the Balance of the Contract Construction Contract. Price,the Surety is obligated,without duplication for: 4. Failure on the part of the Owner to comply with the notice 7.1 the responsibilities of the Contractor for correction of requirement in Paragraph 3.1 shall not constitute a failure to comply defective work and completion of the Construction Contract; with a condition precedent to the Surety's obligations,or release the Surety from its obligations, except to the extent the Surety 7.2 additional legal, design professional, and delay costs demonstrates actual prejudice. resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5;and 5. When the Owner has satisfied the conditions of Paragraph 3,the Surety shall promptly and at the Surety's expense take one of the 7.3 liquidated damages, or if no liquidated damages are following actions: specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. 5.1 Arrange for the Contractor, with the consent of the Owner,to perform and complete the Construction Contract; 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 5.3 Obtain bids or negotiated proposals from qualified Contract, and the Balance of the Contract Price shall not be reduced contractors acceptable to the Owner for a contract for or set off on account of any such unrelated obligations. No right of performance and completion of the Construction Contract, action shall accrue on this Bond to any person or entity other than arrange for a contract to be prepared for execution by the the Owner or its heirs, executors, administrators, successors, and Owner and a contractor selected with the Owners concurrence, assigns. EJCDC"C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 10. The Surety hereby waives notice of any change, including for damages to which the Contractor is entitled, reduced by all changes of time, to the Construction Contract or to related valid and proper payments made to or on behalf of the subcontracts,purchase orders,and other obligations. Contractor under the Construction Contract. 11. Any proceeding, legal or equitable, under this Bond may be 14.2 Construction Contract: The agreement between the instituted in any court of competent jurisdiction in the location in Owner and Contractor identified on the cover page, including all which the work or part of the work is located and shall be instituted Contract Documents and changes made to the agreement and within two years after a declaration of Contractor Default or within the Contract Documents. two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this 14.3 Contractor Default: Failure of the Contractor, which Bond,whichever occurs first. If the provisions of this paragraph are has not been remedied or waived, to perform or otherwise to void or prohibited by law, the minimum periods of limitations comply with a material term of the Construction Contract. available to sureties as a defense in the jurisdiction of the suit shall be applicable. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required 12. Notice to the Surety, the Owner, or the Contractor shall be under the Construction Contract or to perform and complete or mailed or delivered to the address shown on the page on which their comply with the other material terms of the Construction signature appears. Contract. 13. When this Bond has been furnished to comply with a statutory 14.5 Contract Documents:All the documents that comprise or other legal requirement in the location where the construction was the agreement between the Owner and Contractor. to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and 15. If this Bond is issued for an agreement between a contractor and provisions conforming to such statutory or other legal requirement subcontractor, the term Contractor in this Bond shall be deemed to shall be deemed incorporated herein. When so furnished,the intent be Subcontractor and the term Owner shall be deemed to be is that this Bond shall be construed as a statutory bond and not as a Contractor. common law bond. 16. Modifications to this Bond are as follows: 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims EJCDCO°C-610,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 General POWER NO. 0320052 05 Power Westfield Insurance Co. { of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint 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.- - - - - - . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive,any Secretary or any Fidelity& Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as 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 in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the 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 at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of JANUARY A.D., 2023 . . :EAL4124".;;;;.; quu,•••' G Corporate """� ,.••S�nNA��''%, ,.••'""""""""+off WESTFIELD INSURANCE COMPANY Seals Q — ,.0/,,.•••• ,,,,S''• WESTFIELD NATIONAL INSURANCE COMPANY Affixed v .w. ro ••p'• s �'': t OHIO FARMERS INSURANCE COMPANY �'� '�v SEAL :�' :c��r�itfe (/) r 11567M71- State of Ohio BY if County of Medina ss.: Gary W. umper, Nationa'� Surev Leader and Senior Executive On this 27th day of JANUARY A.D., 2023 , before me personally came Gary W. Stumper 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 , a" • SL ,.„ ePmeed/a0A- .., •.........r State of Ohio ,p O David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: y d•� My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) TEocO I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Wherepf have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 1 5thday of May A.D., ZUZ4. 6,--...Ntc, ":9.\'...... -....s\ 4.*"-z- tc.-%„ N. 1...1.. 4, . SEAL iP_ io o s = �i/ •.• ,i, ��� ;. ,o ' : 1648:i!`= Frank A. Carrino, Secretary SsaYtary BPOAC2 (combined) (03-22) Benchmark Construction of NWA, INC-Change Order No. 1 City of Fayetteville Staff Review Form 2024-0750 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Matt Mihalevich 12/11/2024 ENGINEERING (621) Submitted By Submitted Date Division/ Department Action Recommendation: Staff requests approval of Change Order#1 with Benchmark Construction of NWA, Inc. to increase the original contract amount of$989,779.09 by$47,288.38 resulting in a new contract amount of$1,037,067.47 and approval of a budget adjustment for additional work. The contract with Benchmark Construction of NWA, Inc. was approved by resolution 125-24 with $50,000 in contingency so this request is within the City Council approved project contingency. Budget Impact: 4703.860.7302-5814.05 Improvements Trails 2022 Bonds Account Number Fund 46030.7302 Mission Boulevard Corridor Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 1,101,152.00 Expenses (Actual+Encum) $ 1,098,282.64 Available Budget $ ?,869.36 Does item have a direct cost? Yes Item Cost $ 47,288.38 Is a Budget Adjustment attached? Yes Budget Adjustment $ 47,289.00 Remaining Budget I 5 869.98 V20221130 Purchase Order Number: 2024-00000558 Previous Ordinance or Resolution# is 2-24 Change Order Number: 1 Approval Date: 12/17/2024 Original Contract Number: 2024-00000030 Comments: CITY OF FAYETTEVILLE STAFF MEMO 1P-iipp ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Chris Brown, Director of Public Works/City Engineer FROM: Matt Mihalevich, Active Transportation Manager DATE: 12/6/2024 SUBJECT: 2024-0750—Change Order#1 with Benchmark Construction of NWA, Inc. for additional work on the Mission Blvd. Trail. RECOMMENDATION: Staff requests approval of Change Order#1 with Benchmark Construction of NWA, Inc. to increase the original contract amount of$989,779.09 by $47,288.38 resulting in a new contract amount of$1,037,067.47 and approval of a budget adjustment for additional work. The contract with Benchmark Construction of NWA, Inc. was approved by resolution 125-24 with $50,000 in contingency so this request is within the City Council approved project contingency. BACKGROUND: On May 7th, 2024 resolution 125-24 approved bid 24-28 and a contract with Benchmark Construction of NWA, Inc. to construct phase 2 of the stormwater and curb on the Mission Blvd. Trail from Viewpoint Drive to Ranch Drive. Construction of the 1.5-mile-long trail from Viewpoint Drive to Maple Street has been divided into phases for constructability. DISCUSSION: This change order is necessary for Benchmark Construction of NWA, Inc. to install an additional storm drain inlet and extend the Niokaska Creek box culvert. BUDGET/STAFF IMPACT: The $50,000 contingency funds have been allocated from the 2019 trail bond and approved by City Council to cover the change order cost. Attachments: 2024-0750 Budget Adjustment Benchmark Construction—Change Order#1 - Signed by Roger Ross 12-11-24 Purchase Order 2024-00000558 with change order mark-up Resolution 125-24 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CHANCE ORDER CITY OF �� FAY E T T E V I L L E Contract Number 2024-00000030 A R K A N S A S Purchase Order 2023-00000558 Contract Title Mission Blvd.Trail Storm Drainage Ph.2 Res. 125-24,Bid 24-28 Change Order No. I Date of Issuance December I0,2024 To Contractor: Benchmark Construction of N WA,Inc. RESOLUTION: 50-23 The Contract is changed as follows: Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Changes No. Description Quantity Measure Price Quantity Price Cost Cost A. 8 Select Fill Placement 150.00 CY $63.33 0.00 $63.33 S9,499.50 130.181 B. 9 Class 7 Base 200.00 Ton $43.85 414.28 $43.85 S8,770.00 518,166.18 C 10 4"Thick 4,000 PSI Conc.Trail 100.00 SY $112.10 0.00 $112.10 51 1,210.(8) S0.00 I) I 1 Curb&Gutter(Type D) 2,935.00 LF $48.08 2,738.00 $48.08 5141,114.80 S131,643 04 I. 12 Lip Curb&Gutter 1,014.00 LF $38.35 699.00 $38.55 $39,089.70 S26,946.45 1- 5 4'x 4'Rein.Conc.Curb Inlet ')Jln F.A S5,823.33 10.00 $5.823.33 S52.409.97 S58'3 3,30 t, 19 4'x 4'Junction Box 3.00 EA $6,226.67 4.00 S6,226.67 $18,680.01 S24,906.68 l i 25 18"Flared End Section 3.00 EA $1,291.92 2.00 S1.291.92 $3,875.76 S2.583.84 I 26 18"Reinforced Concrete Pipe 461.00 LF $97.52 466'1' $97.52 $44,956.72 S45.534.04 27 24"Reinforced Concrete Pipe 427.00 LF $116.47 428.50 $116.47 $49,732.69 S49,907.40 1, 29 36"Reintorced Concrete Pipe 200.00 LF $224.97 212.5') S224.97 $44,994 00 $47,826.37 1 36 10'x 6'Rein.Conc.Box Culvert 20.00 LF $1,679.85 56.65 51.679.85 $33,597 00 595,163,50 NI 37 10'x 6'Rein.Conc.Box Culvert 40.00 LF $740.16 45.82 S740.16 S29.606.40 533,914.13 Wing Walls Summation of Cost $487,536.55 5534,824.93 Net Cost for this Change Order S47,288.38 lime Change Construction Start Date The original Contract Price was S 989,779.09 Original Substantial Com�Ietion Date Net change bv_,prevtously authorized change orders S - I'his Change Order(calendar days) The Contract Price prior to this Change Order was S 989.779.09 New Substantial Completion Date, 3-he Contract Price will be increastxtkr� _ $ 47.288.38 New Final Completion Date The new Contract Price including this Change Order will be $ 1,1137.067.47 NOTE: N valid until signed by the Owner Ci ' ayeftevill Bench • Construction of NWA,Inc. ,......<124,2,(2024 / 2 //'2--I Y Mayor L' neld Jo'clan DATE BY S eve Smith/Roger Ross DATE / City of Fayetteville,Arkansas- Budget Adjustment Form Budget Year Division Adjustment Number /Org2 ENGINEERING(621) 2024 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION: Staff requests approval of Change Order#1 with Benchmark Construction of NWA, Inc.to increase the original contract amount of$989,779.09 by$47,288.38 resulting in a new contract amount of$1,037,067.47 and approval of a budget adjustment for additional work. The contract with Benchmark Construction of NWA,Inc.was approved by resolution 125-24 with $50,000 in contingency so this request is within the City Council approved project contingency. REQUEST DATE: 12/4/2024 Division Head Date371 I Z 11 vPLf Department Director Date Budget Division Date TYPE: Chief Financial Officer Date JOURNAL#: GLDATE: Chief of Staff Date CHKD/POSTED: TOTAL - - v.20241029 Increase/(Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4703.860.7302-5911.99 (47,289) - 46030 7302 EX Contingency-Capital Project 4703.860.7302-5814.05 47,289 - 46030 7302 EX Improvements-Trails ----\\city\-dfs'<6ivs\£-ngineering rcits\-i'rojectskMission-Bivd-Troif'<$enehmork Construction\PUy A.,ps\Non=Agenda Change-Order&2024- 0750 Benchmark CO#1 BA 1 of 1 V 4-4 %i zis 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 125-24 File Number: 2024-1882 BENCHMARK CONSTRUCTION OF NWA,INC.(BID AWARD): A RESOLUTION TO AWARD BID #24-28 AND AUTHORIZE A CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $989,779.09 FOR STORM DRAINAGE INSTALLATION ALONG THE MISSION BOULEVARD TRAIL, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 TRAIL IMPROVEMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville,Arkansas hereby awards Bid#24-28 and authorizes Mayor Jordan to sign a contract with Benchmark Construction of NWA, Inc. in the amount of$989,779.09 for Phase 2 of storm drainage installation along the Mission Boulevard Trail from Viewpoint Drive to Old Wire Road, and further approves a project contingency in the amount of$50,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a cops of which is attached to this Resolution. PASSED and APPROVED on May 7,2024 Approve.: Attest: ` Oaq,ItTREA/* A.,,,,,.. ...a.„...,, to:Wi t i t c V111' . S ione d Jordan, 1 . .r Kara Paxton,City lerk Treasurer : �Z i Page 1 co City of Fayetteville CO City of Fayetteville PURCHASE ORDER 125 W Mountain r 113 W Mountain St NO. 2024-00000558 -113 Fayetteville, AR 72701 FAYETTEVILLE, AR 72701 O 0 DATE 05/17/2024 VENDOR 68230 Benchmark Construction of NWA Inc DELIVER BY C) Benchmark Construction of NWA Inc SHIP VIA O 333 W Poplar Suite A ' `''�Y FREIGHT TERMS 1 �_ FAYETTEVILLE Fayetteville,AR 72703 ARKANSAS � ORIGINATOR Matthew Mihalevich RESOLUTION # 125-24 C) 0 PAYMENT TERMS 30 FINAL PAYMENT YES NO QUANTITY U/M DESCRIPTION UNIT COST TOTAL COST 1.0000 Each Construction-Streets,Sidewalks,Utilities-a)Mission Blvd Trail Storm $ggg 779.0900 $989 779 09 Drainage Installation-From Viewpoint Drive to Old Wire Road 4703.860.7302-5814.05(Improvements Trails) $989,779.09 46030.7302(Trail Projects(2019/2022 Bonds), Mission Boulevard Corridor) Change Order#1 - Please add line item B for contract 2024-00000030 to increase the amount by $47,288.38 using GL account number 4703.860.7302-5814.05 - Trail Improvements and project number 46030.7302 Mission Blvd. Corridor SUBTOTAL $989,779.09 thitiet,4611SALES TAX $0.00 PAGE 1 OF 1 TOTAL DUE $989,779.09 APPROVED BY SPECIAL INSTRUCTIONS Per Res#125-24, Bid#24-28 Contract#2024-00000030