HomeMy WebLinkAbout266-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 266-24
File Number: 2024-647
NEC, INC. (SERVICE CONTRACT):
A RESOLUTION TO AWARD BID 924-43 AND AUTHORIZE A CONTRACT WITH NEC, INC. IN THE
AMOUNT OF $155,903.50 FOR THE SALEM ROAD ADA IMPROVEMENTS PROJECT, AND TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00
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 924-43 and authorizes Mayor
Jordan to sign a contract with NEC, Inc. in the amount of $155,903.50 for the Salem Road ADA Improvements Project,
and further approves a project contingency in the amount of $20,000.00.
PASSED and APPROVED on November 7, 2024
Page 1
Attest:
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Senio eputy City Clerk
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FAYE77EVILLE
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Office of the City Clerk Treasurer
Kara Paxton — City Clerk Treasurer
Jackson Shelton — Senior Deputy City Clerk
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4 RKAN SPS
113 W. Mountain Street, Suite 308
Fayetteville, Arkansas 72701
Phone: 479.575.8323
cityclerk@fayetteville-ar.gov
Departmental Correspondence
To: Lioneld Jordan, Mayor
From: Kara Paxton, City Clerk Treasurer'��G
CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton &
Chief Financial Officer Paul Becker
Date: November 8, 2024
RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure
Mayor Lioneld Jordan,
Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting
November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City
Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you
should these dates change.
The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges
from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also
encouraged me to utilize telework options in the weeks following the initial surgery week. He also
stated that should I need to physically come to work, I need to park as close to the building as
possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning.
In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor
Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24-
hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence.
As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for
official purposes only.
Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature.
Please notify the Accounting Department that check requests will be reviewed and signed by Ms.
Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for
approving purchase requests submitted November 11th — November 15th, 2024.
Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support
all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has
continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton
has been with our office for almost 2 years now and has consistently impressed me by going above
and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully
manage the office while I am out.
M/10
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 7, 2024
CITY COUNCIL MEMO
2024-647
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
Susan Norton, Chief of Staff
FROM: Matt Casey, Engineering Design Manager
SUBJECT: Approval of a construction contract in the amount of $155,903.50 with NEC, Inc. for
the Salem Road ADA Improvements Project and approval of a $20,000.00
project contingency.
RECOMMENDATION:
Staff recommends approval of a construction contract in the amount of $155,903.50 with NEC Inc. for the
Salem Road ADA Improvements Project and approval of a $20,000.00 project contingency.
BACKGROUND:
The Salem Road ADA Improvements project includes the construction of 28 ADA ramps along Salem Road
from Mica Street to Fairfax Street. In addition to the ramps, portions of sidewalk and curb will be replaced at
each location.
This project is included in the Transportation Division Sidewalk Work Plan for 2024. The Engineering Division
has prepared the design plans and the project was put out for bid.
DISCUSSION:
On October 8, 2024, the City received seven (7) construction bids for this project. NEC, Inc. submitted the low
bid of $155,903.50. Engineering staff recommends awarding this contract to NEC, Inc. The contract time is 90
days (3 months) for substantial completion.
BUDGET/STAFF IMPACT:
The design and construction of this project will be paid for with Capital Improvements Project funds allocated
for sidewalk improvements.
PURCHASE ORDER
DETAILS
G/L ACCT PROJECT AMOUNT
4470.410.8410-5814.00 02053.1 $155,903.50
ATTACHMENTS: SRF (#3), Salem ADA NEC Agreement (#4), Bid 24-43, Bid Tab - Final (#5), Bid 24-43,
Submittal - NEC, Inc - E (#6)
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 #: 2024-647
Approval of a construction contract in the amount of $155,903.50 with NEC, Inc. for the Salem
Road ADA Improvements Project and approval of a $20,000.00 project contingency.
A RESOLUTION TO AWARD BID #24-43 AND AUTHORIZE A CONTRACT WITH NEC, INC. IN
THE AMOUNT OF $155,903.50 FOR THE SALEM ROAD ADA IMPROVEMENTS PROJECT,
AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00
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 #24-43 and
authorizes Mayor Jordan to sign a contract with NEC, Inc. in the amount of $155,903.50 for the Salem
Road ADA Improvements Project, and further approves a project contingency in the amount of
$20,000.00.
Page 1
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2024-0647
Item ID
11/7/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/14/2024 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a construction contract in the amount of $155,903.50 with NEC Inc. for the Salem
Road ADA Improvements Project and approval of a $20,000.00 project contingency.
Budget Impact:
4470.410.8410-5814.00 Sales Tax Capital Improvments - Transportation
Services
Account Number
02053.1
Project Number
Budgeted Item? Yes
Fund
Sidewalk Improvements
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? Yes Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget
Project Title
$ 1,988,328.00
$ 984,826.75
$ 1,003,501.25
$ 175,903.50
827,597.75
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments: Item cost includes project contingency.
Approval Date:
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: N SALEM RD ADA IMPROVEMENTS
Contract No.: 24-43, Construction
THIS AGREEMENT is dated as of the 7 day of November in the year 2023 by and between
The City of Fayetteville, Arkansas and NEC. 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 construction of 28 ADA Ramps along N. Salem Road. The work will require demolition and removal
of existing curb and gutter and sidewalk to allow for the installation of the new ramps. Miscellaneous items
include moving street lights, adjusting water valves to grade and signage.
Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville
Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed.
Open burning and blasting is not allowed on City projects.
Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits
shall be waived.
The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements.
ARTICLE 2 - ENGINEER
2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division.
City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the
rights and authority assigned to City of Fayetteville Engineering Division in the Contract
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.
00500 Agreement 00500- 1
DOCUMENT 00500 — AGREEMENT (continued)
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work shall be Substantially Completed within 90 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 120 calendar days after the date when the
Contract Times commence to run.
3.03 LIQUIDATED DAMAGES:
A. Owner and Contractor recognize that time is of the essence of this Agreement and that
The City of Fayetteville will suffer financial loss if the Work is not completed within
the time specified above, plus any extensions thereof allowed in accordance with the
GENERAL CONDITIONS. The parties also recognize the delays, expense, and
difficulties involved in proving the actual loss suffered by The City of Fayetteville if
the Work is not Substantially Completed on time. Accordingly, instead of requiring
any such proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville
Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time
specified above in Paragraph 3.02 for Substantial Completion until the Work is
Substantially Complete. After Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the time specified in
Paragraph 3.02 for completion and readiness for final payment or any proper extension
thereof granted by The City of Fayetteville, Contractor shall pay The City of
Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after
the time specified for completion and readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as
full and final compensation for all work done under this agreement, the amount based on the
unit prices bid in the Proposal 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.
1. There shall be no changes without prior written approval of the Engineer of
Record and/or the City's designated Professional Engineer.
00500 Agreement 00500-2
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMINTS:
A. Contractor shall submit Applications for Payment in accordance with the GENERAL
CONDITIONS. Applications for Payment will be processed by Engineer as provided
in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the Contract Price
on the basis of Contractor's Applications for Payment as recommended by Engineer,
on or about the 15th day of each month during construction. All such payments will
be measured by the schedule of values established in the GENERAL CONDITIONS
(and in the case of Unit Price Work based on the number of units completed) or, in the
event there is no schedule of values, as provided in the General Requirements.
Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate
of payments previously made and less such amounts as Engineer shall
determine, or The City of Fayetteville may withhold, in accordance with the
GENERAL CONDITIONS.
a. 95% of Work Completed (with the balance being retainage). If Work has
been 50% completed as determined by Engineer, and if the character and
progress of the Work have been satisfactory to The City of Fayetteville
and Engineer, The City of Fayetteville on recommendation of Engineer,
may determine that as long as the character and progress of the Work
subsequently remain satisfactory to them, there will be no additional
retainage on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work Completed less the aggregate of
payments previously made; and
b. 100% of Equipment and Materials not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation satisfactory
to The City of Fayetteville as provided in the GENERAL CONDITIONS.
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.
00500 Agreement 00500-3
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the
following representations:
A. Contractor has examined and carefully studied the Contract Documents including the
Addenda and other related data identified in the Bid Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, performance, and
furnishing of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
D. Contractor has carefully studied all:
(1) Reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the Site; and
(2) Reports and drawings of a Hazardous Environmental Condition, if any, at the
Site. Contractor acknowledges that The City of Fayetteville and Engineer do
not assume responsibility for the accuracy or completeness of information and
data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the Site.
E. Contractor has obtained and carefully studied (or assumes responsibility of having
done so) all such additional supplementary examinations, investigations, explorations,
tests, studies, and data concerning conditions (surface, subsurface, and Underground
Facilities) at or contiguous to the Site or otherwise which may affect cost, progress,
performance, and furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by
Contractor and safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations, investigations,
explorations, tests, studies, or data are necessary for the performing and furnishing of
the Work at the Contract Price, within the Contract Times, and in accordance with the
other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by The City of
Fayetteville and others at the Site that relates to the Work as indicated in the Contract
Documents.
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.
00500 Agreement 00500-4
DOCUMENT 00500 — AGREEMENT (continued)
I. Contractor has given the Purchasing Division written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the Contract
Documents and the written resolution thereof by the Purchasing Division is acceptable
to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work.
ARTICLE 7 - CONTRACT DOCUMENTS
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The City of
Fayetteville and Contractor concerning the Work consist of the following and may only
be amended, modified, or supplemented as provided in the GENERAL
CONDITIONS:
1. This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table of contents
of Project Manual.
7. Drawings consisting of a cover sheet and sheets as listed in the table of
contents thereof, with each sheet bearing the following general title: N
SALEM RD ADA IMPROVEMENTS
8. Addenda numbers 1 & 2 inclusive.
9. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to the GENERAL CONDITIONS.
ARTICLE 8 - MISCELLANEOUS
8.01 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
00500 Agreement 00500-5
DOCUMENT 00500 — AGREEMENT (continued)
become due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by Law), and unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds himself, his partners, successors,
assigns, and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
8.04 SEVERABILITY:
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon The City of Fayetteville and Contractor,
who agree that the Contract Documents shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
8.05 FREEDOM OF INFORMATION ACT:
A. City contracts and documents prepared while performing city contractual work are
subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act
request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally
authorized photocopying costs pursuant to the FOIA may be assessed for this
compliance.
8.06 LIENS:
A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-
44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in
relation to this public construction project. Arkansas law requires and the contractor
promises to provide and file with the Circuit Clerk of Washington County a bond in a
sum equal to the amount of this contract. Any subcontractor or materials supplier may
bring an action for non-payment or labor or material on the bond. The contractor
promises to notify every subcontractor and materials supplier for this project of this
paragraph and obtain their written acknowledgement of such notice prior to
commencement of the work of the subcontractor or materials supplier.
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.
00500 Agreement 00500-6
DOCUMENT 00500 — AGREEMENT (continued
Address for giving notices Address for giving notices
2425 South 5th Place 113 W. Mountain St.
_Rogers AR 72758 Fayetteville, AR 72701
License No. 0148780425
Agent for Service of process
(Type or legibly print)
Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a
corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for
Service process authority to sign.
(If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.)
END OF DOCUMENT 00500
00500 Agreement 00500-8
DOCUMENT 00500 — AGREEMENT (continued)
This Agreement will be effective on
of the Agreement.
CONTRACTOR:
By: Michael Necessary
(Type or legibly print)
. AM
(Signature)
Title: V.P.
November j , 202A which is the Effective Date
CITY OF FAYETTEVILLE
Title: Mayor
Contractor shall attach evidence of authority to sign.
If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution
authorizing Contractor's signature and execution of Agreement.
Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the
Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document
that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and
such entity is permitted to perform work in the State of Arkansas.
(SEAL) (SEAL)
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00500 Agreement 00500-7
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BIOTABUMTON
Bid 24-43, Construction - N. Salem Rd. ADA Improvements
DEADLINE: Tuescin, October 8, 2024 at 2:00 PM
Certlflatlon of Funds:5 25,0=00 ($282,250.W mml ollowetl)
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Steelwaea Industrial
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Backus Concrete LLO.
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CITY OF
WA FAYETTEVILLE
ARKANSAS
Bid 24-43 Addendum 2
NEC, Inc
N.E.C., Inc.
Supplier Response
Event Information
Number: Bid 24-43 Addendum 2
Title: Construction - N. Salem Rd. ADA Improvements
Type: Invitation to Bid
Issue Date: 9/15/2024
Deadline: 10/8/2024 02:00 PM (CT)
Notes: The City of The City of Fayetteville is accepting sealed bids from
properly licensed firms for the construction of 28 ADA Ramps along N.
Salem Road in Fayetteville. The work will require demolition and
removal of existing curb and gutter and sidewalk to allow for the
installation of the new ramps. Miscellaneous items include moving
street lights, adjusting water valves to grade and signage. Questions
regarding this bid should be addressed to Amanda Beilfuss, Sr.
Purchasing Agent at abeilfuss@fayetteville-ar.gov.
Contact Information
Contact: Amanda Beilfuss - Sr. Purchasing Agent
Address: Purchasing
City Hall
Room 306
113 W. Mountain St.
Fayetteville, AR 72701
Email: abeilfuss@fayetteville-ar.gov
Page 1 of 4 pages Vendor: NEC, Inc Bid 24-43 Addendum 2
NEC, Inc Information
Contact:
Colin Necessary
Address:
2425 S 5th PI
Rogers, AR 72758
Phone:
(479) 621-6324
Fax:
(479) 621-6328
Email:
cbnecessary@nec-contractors.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Michael J. Necessary
Signature
Submitted at 101812024 09:37:36 AM (CT)
Requested Attachments
Bid 24-43 Signature Forms
mjnecessary@nec-contractors.com
Email
COF_Salem ADA_NEC Bid Form
for Submission_10.7.2024.pdf
Please attach your completed forms. These signature documents can be found in the Project Manual.
Bid 24-43 Bid Bond
NEC Bid Bond —Salem ADA
Improvements-1 0.7.2024.pdf
Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be
delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with
submittal.
Bid Attributes
1
Arkansas Secretary of State Filing Number:
18391
2
Arkansas Contractor License Number:
0148780425
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.
1Z Yes, I agree
❑ No, I don't agree
Page 2 of 4 pages Vendor: NEC, Inc Bid 24-43 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 R&D Existing Asphalt Pavement (As Needed)
Quantity: 50 UOM: SY Price: $69.00 Total: $3,450.00
1 4" Topsoil Placement
0
Quantity: 600 UOM: SY Price: $8.50 Total: $5,100.00
Page 3 of 4 pages Vendor: NEC, Inc Bid 24-43 Addendum 2
1 Signage (New and Relocations)
9
Quantity: 1 UOM: LS Price: $2,995.00 Total: $2,995.00
2 Line deleted as part of an Addendum
0
Response Total: $155,903.50
Page 4 of 4 pages Vendor: NEC, Inc Bid 24-43 Addendum 2
4)P -
narocE
5500 Euper Lane
PO Box 3529
Ft. Smith, AR 72913 (479) 452-4000
www.bhca.com ,
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
(Here insert full name and address or legal title of Contractor)
N.E.C., Inc.
2425 S. 5th Place
Rogers, AR 72758
as Principal, hereinafter called the Principal, and
(Here insert full nnnie and address nr legal title of surety)
U. S. Specialty Insurance Company
801 S. Figueroa St., Suite 700
Los Angeles, CA 90017
a corporation duly organized under the laws of the State of Texas
as Surety, hereinafter called the Surety, are held and firmly bound unto
tHere inseri full name and address or legal title of Ommer)
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
as Obligee, hereinafter called the Obligee,,in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID
Dull'ars ($ 5% ), for the payment
of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for North Salem ADA Improvements
(Here insert full name, address and description ofprofeci)
NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in acenrdance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the
prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal
to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
Signed and sealed this 8th day of October 2024
N.E.C. Inc.
(Principal) (Seal)
c
(t�in:ess)
(Title)l l`y �EGESStttz
U. S. Specialty Insurance Company
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AJA Document A3101" —1970. Copyright 01963 and 1970 by The American Institute of Architects.
TO KI O MARL N E
H C C
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation. Texas Bonding
Company, an assumed name of American Contractors Indemnity Company. United States Surety Company, a Maryland corporation and
U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and
appoint:
Paxton C. Clark, Marty C. Clark, Scott R. Clark, Cheri Lynn Irby, Mary Ann Justice, Lisa McClure, Suzanne Elizabeth Niedzwiedz,
Shannon C. Schmidly, Shannon Graves Schmidly, Elizabeth Solomon or Joshua D. Tritt of Fort Smith, Arkansas
its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
91
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 to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed -—Ten Million'•'•• Dollars ( " $10.000.000.00— 1
This Power of Attorney shall expire without further action on April 23rd, 2026 This Power of Attorney is granted under and by authority
of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any :assistant Secretary 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:
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 or indemnity and other conditional or obligatory undertakings, including any and all consents
for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents
canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon
the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved• that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any
certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding
upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
181'lday oaf April 2022.
V ,11t1s11 NI(// , 1111111,1/f//' 1,1"Y„fI
3sSp �.cto, �o D�yoINQ .,, 's SURF % ; `"r � +irra AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS
'` S ' BONDING COMPANY, UNITED STATES SURETY COMPANY,
;z=,�.o=; �: = U.S. SPEC ALTY INSURANCE COMPANY
ay¢iMCOHPOFATM --x: 'y=_p I' �4p- -a--
WS SEPT. 25, 1990 '•ci Y. ;<: -W.M '1 �_'V1; _�
s-.q ,1�,c` -•• Daniel P. Aguilar, Vice President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which
this certificate is attached, and not the truthfulness. accuracy. or validity of that document.
State of California
County of Los Angeles
On this 18th day of April 2022, before me. Sonia O Carrejo a notary public, personally appeared Daniel P Aguilar, Vice President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SO A0. CARRZX
Y7 Hoary ;.dic'CA:r:rra
I Cummhf+r t 13'871^
Signature (seal) 14y Ccrm Erdfes;; I.6i 26 {
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty 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; furthermore, the resolutions of the Boards of Directors,
set out in the Power of Attomey are in full force and effect.
In tness' Whereof,6have h reuntoset my hand and affixed the seals of said Companies at Los Angeles, California this
1 day of
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5' visit tmhcc.com/surety for more information
```:
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT
Contract Name: N SALMEM RD ADA IMPROVEMENTS
Bid #: 24-43, Construction
Date: October 8, 2024
SUBMITTED TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Company NEC, Inc.
Name Michael Necessary
Address 2425 South 5th St, Rogers AR 72758
Principal Office 2425 South 5th St., Rogers AR 72758
Corporation, partnership, individual, joint
venture, other corporation,
Arkansas State General Contractor's License Number
0148780425
(Type or legibly print)
EXPERIENCE STATEMENT
l . Bidder has been engaged as a General Contractor in construction for 20 years and
has performed work of the nature and magnitude of this Contract for 20 years.
Bidder has been in business under its present name for 20 years.
2. Bidder now has the following bonded projects under contract: (On a separate sheet, list
project name, owner, name of owner contact, engineer / architect, name of
engineer/architect contact, amount of contract, surety, and estimated completion date.)
3. Bidder has completed the following (list minimum of 3) contracts consisting of work
similar to that proposed by this Contract: (On a separate sheet, list project name,
owner, name of owner contact, engineer / architect, name of engineer/architect contact,
amount of contract, surety, and date of completion -and percentage of the cost of the
Work performed with Bidder's own forces.)
4. Has Bidder ever failed to complete any project? If so, state when, where, and why.
00140 Bidder Qualifications 00140- 1
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued)
5. Bidder normally performs the following work with his own forces:
Grading, Concrete, Utilities, and Storm Drainage
6. Construction experience of key individuals in the organization is as follows (continued
on attached sheets if needed):
Please see qualifications Statement
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:
BMC Insurance
5500 Euper Lane
Fort Smith AR 72903
Joshua D. Tritt
8. Bidder's Workmen's Compensation Experience Modifier Factor is: , p85
FINANCIAL STATEMENT
B. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide
to the City of Fayetteville the following additional information:
Bidder possesses adequate financial resources as indicated by the following:
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.
00140-Bidder Qualifications 00140 - 2
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued)
d. Current liabilities (accounts payable, notes payable, accrued expenses, provision
for income taxes, advances, accrued salaries, and accrued payroll taxes).
e. Other liabilities (capital, capital stock, authorized and outstanding shares par
values, earned surplus, and retained earnings).
f. Name of firm preparing financial statement and date thereof:
If financial statement is not for identical organization named herein, explain relationship and financial
responsibility of the organization furnished.
2. Current Judgments: The following judgements are outstanding against Bidder:
a.
Judament Creditors Where Docketed and Date Amount
$
Bidder hereby represents and warrants that all statements set forth herein are true and correct.
Date: October 8 20 24
(OFFICIAL SEAL)
Name of Organization:
G,
By_ MiGL4 AU:51- 14 rGrSLAR`-i
(Type or legibly print)
AIJZM"
By
(Signature) p
Title V a +
(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.)
00140-Bidder Qualifications 00140 - 3
MIKE NECESSARY KEVIN NECESSARY
CELL: 479-721.2473 CELL: 479.721.2474
EMAIL: MJNECESSARY@NEC- EMAIL: KJNECESSARY@NEC-CONTRACTORS.COM
CONTRACTORS.COM
STATEMENT OF BIDDER'S QUALIFICATIONS
The name of our company is N.E.C., Inc. Our address is 2425 S. 51h Place, Rogers, AR 72758. We
were organized and incorporated on April 15, 2004, in the state of Arkansas. Mike Necessary and
Kevin Necessary collectively have over 70 years of infrastructure construction experience with over
forty of those years in business for themselves. Included below are lists of contracts on hand, the
larger projects recently completed, our equipment available, and our experiences of jobs of this size.
Our company specializes in constructing infrastructure improvements to include earthwork, utilities,
and concrete work. We have never failed to complete a contract agreement as per contract
requirements. We have never defaulted on a contract. We have never been fined or had our license
suspended by the Arkansas Contractor's Licensing Board.
The contracts in hand now are a $1.2 million contract for site work and grading CDI Contractors for
the Walmart AMP Renovations in Rogers, a $1.1 million contract with Milestone Construction for
Shaw Park in Springdale, a $12.9 million contract for Shadow Valley in Rogers, a $1.9 million contract
for site work for the University of Arkansas for the Student Success Center, and numerous smaller
contracts for general contractors.
The contracts completed in the last 24 months are a $1.7 million contract for site work and grading for
Springdale Schools, a $1 million contract for Shadow Valley subdivision phase 8, a $.6 million
contract for Branchwood Trail for Bella Vista POA, a $2 million contract for site work at Fellowhip
Bible, Fayetteville, and numerous smaller contracts for local municipalities.
Some of the completed, larger projects include:
A $3.8 million contract the with the City of Pea Ridge, Arkansas for the Highway 72 water extension
and downtown sewer rehabilitation with a completion date of June 2009. A $900,000 contract,
constructing a bridge -length box culvert, with the Arkansas Highway and Transportation Department
was completed in May of 2011. Beaulah East Mine Reclamation for ADEQ which totalled $643,522. A
$4,000,000 contract with Bentonville schools which included new water, sewer, storm drain, streets
and sidewalks, was completed in May of 2012. An AHTD project on Hwy 540 for a Cable Barrier
finished in 2012 was $1.2 million. NEC had a $1.5 million contract with CDI
Contractors to perform services of sanitary sewer, storm drains and all grading
on the new Regional Armed Forces Reserve Center. Kinco awarded us a
Phone: 479. 621.6324 2425 S. 5" Place Rogers,AR 72758 Fax: 479.621.6328
Page 1 of 3
Page 2
contract for $755,000 to build new water and sewer line and all grading work for the new NW
Arkansas Childrens Center which was completed in 2012. Another project was subcontracted under
Nabholz Construction for $838,000 was to do all grading, sewer and storm drain for the Lincoln High
School in Lincoln Arkansas that was completed in 2012.
We have also sub -contracted our work over the last two years from general contractors such as
Crossland, Kinco Constructors, Flintco LLC, VCC Constuction and CDI Contractors performing
sitework at various projects over Northwest Arkansas.
We own and have available for use 8 excavators of different sizes, 3 Caterpillar road graders, 4
Caterpillar 35 ton articulated offroad trucks, 3 Caterpillar front-end loaders, 3 backhoes, 4 Caterpillar
bulldozers, 4 Ingersol vibratory compactors, 1 Gomaco 3600 curber, 8 dump trucks, and various
smaller pieces required to construct improvements to infrastructure.
We have worked closely with all the civil engineers in Northwest Arkansas
over the past 40 years including the Arkansas Highway and Transportation Department.
Jeremy Woody of Legacy Bank our primary banking source with $1,500,000 of AR
secured credit available and $2,500,000 of secured credit with equipment. We will if asked provide a
detailed financial statement to be reviewed by the Owner with a principal of our firm.
NEC has a good relationship with all municipalities in NW Arkansas. Any of the following may be
contacted as a source for referral. Rogers Water Utilities; Earl Roush, Springdale Water; Rick
Pulverenti, Fayetteville Utilities; Don Osburn, and Bentonville Water and Sewer; Preston Newbill.
NEC has a great reputation with our suppliers also. Our major suppliers for most jobs are as listed:
Rogers Group Inc for aggregates, SMG Ready Mix for our concrete needs, and Ferguson
Waterworks, and Scurlock Industies, for our utility and pipe sources.
Mike Necessary personally has been in the construction business for over 40 years beginning at age
15 during summers and permanently upon graduation from the University of Arkansas. He carries the
title of Vice President. His experience has been in earthwork, concrete, equipment operation,
estimating, bidding, project management and business management. 25 years were spent with
Necessary Construction, Inc., 5 years with APAC, McClinton -Anchor, and the most recent previous
15 years with NEC Inc,.
Kevin Necessary personally has been in the construction business for over 30 years. Upon
graduation from Arkansas Tech University in 1987, Kevin joined Necessary Construction, Inc. and
remained with them until their sale in 1999 to APAC, McClinton -Anchor, where he remained until he
and Mike organized NEC, Inc. in 2004. Kevin carries the title of President and has particular focus on
utility work, estimating, bidding, project management, and business management.
Our construction team consists of people who are interested in constructing a quality product in a
safe manner. The core team of office personnel and management have been with N.E.C., Inc. since
the beginning and most were with APAC, McClinton -Anchor with Mike and Kevin.
Page 2 of 3
Page 3
Contractors License No. 0148780425
N.E.C. Inc.
By:
Date
Page 3 of 3
DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued)
(THIS PAGE INTETIONALLY LEFT BLANK)
END OF DOCUMENT 00140
00140-Bidder Qualifications 00140-4
DOCUMENT 00400 — BID FORM
Contract Name: N SALEM RD ADA IMPROVEMENTS
Bid Number: 24-43
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder: NEC, Inc.
2425 South 5th Place
Rogers AR 72758
ARTICLE 1 - INTENT
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement
with Owner in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated
in this Bid and in accordance with the other terms and conditions of the Contract Documents.
ARTICLE 2 - TERMS AND CONDITIONS
2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid security. This Bid will remain
subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the
required number of counterparts of the Agreement with the Bonds and other documents required
by the Bidding Requirements within 15 days after the date of Owner's Notice of Award.
ARTICLE 3 - BIDDER'S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda,
receipt of all which is hereby acknowledged:
Number Date
Addenda #1 9.27.2024
Addenda #2
00400-Bid Form 00400 - 1
10.02.24
DOCUMENT 00400 — BID FORM (continued)
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, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site or otherwise which may affect cost, progress, performance, or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder and safety precautions
and programs incident thereto.
F. Bidder does not consider that any additional examinations, investigations, explorations,
tests, studies, or data are necessary for the determination of this Bid for performing and
furnishing of the Work in accordance with the times, price, and other terms and conditions
of the Contract Documents.
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.
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 the Purchasing Division is acceptable to Bidder.
J. 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 Bidder has not
00400-Bid Form 00400-2
DOCUMENT 00400 — BID FORM (continued)
sought by collusion to obtain for himself any advantage over any other Bidder or over
Owner.
L. 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.
M. Bidder has not been debarred from doing business with a government entitiy.
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 not case shall the amount bid for the item of "mobilization" exceed 5% of the total Base Bid.
This amount shall NOT include bonds & insurance or trench & excavation safety. 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 price(s)
submitted by the Bidder.
ARTICLE 5 - CONTRACT ITEMS
5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final
payment within the number of calendar days indicated in the Agreement.
5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work within the times specified in the Agreement.
ARTICLE 6 - BID CONTENT
6.01 The following documents are attached to and made a condition of this Bid:
A. Required 5% 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 5% Dollars
B. A tabulation of Subcontractors and other persons and organizations required to be
identified in this Bid.
ARTICLE 7 - COMMUNICATIONS
00400-Bid Form 00400-3
DOCUMENT 00400 — BID FORM (continued)
7.01 Communications concerning this Bid shall be addressed to the Bidder as follows:
Michael Necessary
NEC, Inc.
2425 South 5th Place, Rogers AR 72758
Email: mjnecessary@nec-contractors.com
Phone No. (479)721-2473
Fax No. (479)621-6328
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. 0148780425
If Bidder is:
An Individual
Name (type or printed):
I�
Doing business as:
Business address:
Phone No.
Email address:
A Partnership
Partnership Name:
(Individual's Signature)
Fax No.
By:
(Signature of general partner - attach evidence of authority to sign)
Name (type or printed):
Business address:
Phone No.
00400-Bid Form 00400 - 4
Fax No.
(SEAL)
(SEAL)
DOCUMENT 00400 - BID FORM (continued)
Email address:
A Corporation or LLC
Corporation Name: NEC, Inc.
State of Incorporation: Arkansas
Type (General Business, Professional, Service, Limited Liability)
I0
S-Corp
(Signature of general partner - attach evidence of authority to sign)
Name (type or printed):
Title:
Attest:
(Signature of Corporate Secretary)
Phone No.
Email address:
Tax ID Number (TIN):
UEI #
Cage Code:
00400-Bid Form 00400 - 5
Fax No.
(SEAL)
(CORPORATE SEAL)
DOCUMENT 00400 — BID FORM (continued)
(THIS PAGE INTENTIONALLY LEFT BLANK)
END OF DOCUMENT 00400
00400-Bid Form 00400-6
4)P l�-�C-
n a ro c E
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)
N.E.C., Inc.
2425 S. 5th Place
Rogers, AR 72758
as Principal, hereinafter called the Principal, and
(Here insert full nnnie and address nr legal title of sure
ry)
U. S. Specialty Insurance Company
801 S. Figueroa St., Suite 700
Los Angeles, CA 90017
a corporation duly organized under the laws of the State of Texas
as Surety, hereinafter called the Surety, are held and firmly bound unto
tHere inseri full name and address or legal title of Ommer)
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
as Obligee, hereinafter called the Obligee,,in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID
Dullars ($ 5% ), for the payment
of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for North Salem ADA Improvements
(Here insert full name, address and description ofprofeci)
NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in acenrdance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the
prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal
to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
Signed and sealed this 8th day of October 2024
k'a— M 'U� N.E.0 Inc.
2Z�A
Piil(Seal)
(witness)
(Title) y( j G- CJ'U. S. Specialty Insurance Company�
trety) , * t ��.�`` Fty In"t 1"',,
( u ssv ^ l,W ,
AS�Tirl gq§11) f :n
zann Elizabeth Niedzw ldz , Attorney-lii-F13cf 03`
......
AJA Document A3101" —1970. Copyright 01963 and 1970 by The American Institute of Architects.
rJ
TO KI O MARL N E
H C C
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding
Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and
U.S. Specialty Insurance Company, a Texas corporation (collectively, the 'Companies"), do by these presents make, constitute and
appoint:
Paxton C. Clark, Marty C. Clark, Scott R. Clark, Cheri Lynn Irby, Mary Ann Justice, Lisa McClure, Suzanne Elizabeth Niedzwiedz,
Shannon C. Schmidly, Shannon Graves Schmidly, Elizabeth Solomon or Joshua D. Tritt of Fort Smith, Arkansas
its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, 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 to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed -—Ten Million-... Dollars ( " $10,000.000.00— ).
This Power of Attorney shall expire without further action on April 23rd, 2026. This Power of Attorney is granted under and by authority
of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-Presiderrt, any Assistant Vice -President, any Secretary or any Assistant Secretary 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:
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 or indemnity and other conditional or obligatory undertakings, including any and all consents
for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents
canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon
the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and 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 signature or facsimile seal shall be valid and binding
upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
18t' day aril 2022.
yy/ , \
a�t�..._ Rs "pet ._. G'`,. 5•..... q�c�.,, Z.*'r 1 �+lae., AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS
<i •� �• Fy :�; ; ;��: ' Z ' • �'z r BONDING COMPANY, UNITED STATES SURETY COMPANY,
-.n%i
_; a F t :? U.S. SPEC LTY INSURANCE COMPANY
a
qoF*:` '�,? ' * ' �• * Daniel P. Aguilar, ice President
4�IFO$% 11111,1 .1, .i
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which
this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On this 18th day of April 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
WITNESS my hand and official seal.
Signature (seal)
of California that the foregoing paragraph is true and correct.
SOWA o. CARRM
NotaryAVk • rAh(w a
LmAngeWCa:nry r
canmhlion/2308710 -
MyCwm EzpuesW27.2026
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty 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; furthermore, the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
In, tness- Whereof, Cve>ereuntc
1 day
Age n No'. ;C% 18758
set my hand and affixed the ,,seals of said Companies at Los Angeles, California this
ZG L4-
u „
T„��i,_ _�; ;i o %�kaAA �
Kio Lo, A ant Secretary
s�rr. n. Isso �nr � W
�onN�' �51wwfOF" `'O y .'•; ti'...*1-,11"`'�„:
HCCSMANPOA07/2023
visit tmmhcc.com%surety for more information
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:
N SALEM RD ADA IMPROVEMENTS
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor's Work
Clearing/Demolition
SWPPP/Erosion Control
Asphalt
Concrete
Landscaping
Material Testing
Other (designate)
Subcontractor's Name
and Address
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
Bidder's nature
00430 List of Subcontractors 00430- 1
Expected Percentage
or Value
