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HomeMy WebLinkAbout267-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 267-24 File Number: 2024-616 STEELWORX INDUSTRIAL GROUP, LLC. (SERVICE CONTRACT): A RESOLUTION TO AWARD BID #24-39 AND AUTHORIZE A CONTRACT WITH STEELWORX INDUSTRIAL GROUP, LLC, IN THE AMOUNT OF $554,956.00 FOR THE CONSTRUCTION OF THE ELMHURST AND MCCLINTON PHASE I DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 DRAINAGE BOND PROGRAM WHEREAS, the Elmhurst and McClinton Phase I Drainage Improvements Project, consisting of upstream detention and water quality improvements to help alleviate flooding in the area of East Fairlane Street, South Elmhurst Avenue and East McClinton Street, was identified as a priority project by the City Council after the April 2017 flooding event; and WHEREAS, the improvements associated with Phase I will include the construction of a detention basin located near the intersection of South Mashburn Avenue and East Martin Luther King Jr. Boulevard, as well as proposed water quality improvements including a bioswale and plantings within the basin itself and within a downstream channel; and WHEREAS, Beaver Water District also has planned low impact development improvements within the apartment complex immediately south of the proposed detention; and WHEREAS, combined, these improvements should reduce the amount and velocity of flow to the downstream properties as well as improve water quality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-39 and authorizes Mayor Jordan to sign a contract with Steelworx Industrial Group, LLC in the amount of $554,956.00 for the construction of the Elmhurst and McClinton Phase I Drainage Improvements Project, and further approves a project contingency in the amount of $60,000.00. 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 November 7, 2024 Page 1 Resolution: 267-24 File Number: 2024-616 Approved: Page 2 Attest: ,��t�rrrrr►rrr FAYETTEVILLE ; x Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk OF 4AYETTF 1 i 0 µM .. 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 2024-616 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: Approval of a contract in the amount of $554,956.00 with Steelworx Industrial Group, LLC. for the construction of the Elmhurst and McClinton Phase I Drainage Improvements Project, approval of a project contingency of $60,000 (11%), and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of a contract in the amount of $554,956.00 with Steelworx Industrial Group, LLC. for the construction of the Elmhurst and McClinton Phase I Drainage Improvements Project, approval of a project contingency of $60,000 (11%), and approval of a budget adjustment. BACKGROUND: This project will consist of upstream detention and water quality improvements in order to help alleviate flooding In the area of E Fairlane St, S Elmhurst Ave and E McClinton St. This project was identified as a priority project by the City Council after the April 2017 flooding event. DISCUSSION: This project has been identified as one of the projects to be funded by the 2019 Drainage Bond Program to help alleviate the flooding of multiple structures within the drainage basin. The improvements associated with Phase I will include the construction of a detention basin located near the intersection of S Mashburn Ave and E Martin Luther King Jr BLVD. The detention area will also include proposed water quality improvements including a bioswale and plantings within the basin itself and within a downstream channel. Lastly, Beaver Water District also has planned low impact development improvements within the apartment complex immediately south of the proposed detention. Combined, these improvements should reduce the amount and velocity of flow to the downstream properties as well as improve water quality. While the phase I improvements alone will not completely resolve the flooding issues, they should improve the situation until Phase II can be constructed. BUDGET/STAFF IMPACT: The drainage improvements are funded by the 2019 Drainage Bond Program. ATTACHMENTS: SRF (#3), BA (#4), Summary of Improvements (#5), Bid 24-39, Submittal - Steelworx Industrial Group - E (#6), Bid 24-39, Bid Tab - Final (#7), Elmhurst and McClinton Phase I Agreement (#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 #: 2024-616 Approval of a contract in the amount of $554,956.00 with Steelworx Industrial Group, LLC. for the construction of the Elmhurst and McClinton Phase I Drainage Improvements Project, approval of a project contingency of $60,000 (11%), and approval of a budget adjustment. A RESOLUTION TO AWARD BID #24-39 AND AUTHORIZE A CONTRACT WITH STEELWORX INDUSTRIAL GROUP, LLC, IN THE AMOUNT OF $554,956.00 FOR THE CONSTRUCTION OF THE ELMHURST AND MCCLINTON PHASE I DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 DRAINAGE BOND PROGRAM WHEREAS, the Elmhurst and McClinton Phase I Drainage Improvements Project, consisting of upstream detention and water quality improvements to help alleviate flooding in the area of East Fairlane Street, South Elmhurst Avenue and East McClinton Street, was identified as a priority project by the City Council after the April 2017 flooding event; and WHEREAS, the improvements associated with Phase I will include the construction of a detention basin located near the intersection of South Mashburn Avenue and East Martin Luther King Jr. Boulevard, as well as proposed water quality improvements including a bioswale and plantings within the basin itself and within a downstream channel; and WHEREAS, Beaver Water District also has planned low impact development improvements within the apartment complex immediately south of the proposed detention; and WHEREAS, combined, these improvements should reduce the amount and velocity of flow to the downstream properties as well as improve water quality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-39 and authorizes Mayor Jordan to sign a contract with Steelworx Industrial Group, LLC in the amount of $554,956.00 for the construction of the Elmhurst and McClinton Phase I Drainage Improvements Project, and further approves a project contingency in the amount of $60,000.00. 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 Chris Brown Submitted By City of Fayetteville Staff Review Form 2024-616 Item ID 11/7/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/4/2024 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $554,956.00 with Steelworx Industrial Group, LLC. for the construction of the Elmhurst and McClinton Phase I Drainage Improvements Project, approval of a project contingency of $60,000 (11%), and approval of a budget adjustment. Budget Impact: 4704.860.7420-5817.00 Drainage Projects 2022 Bonds Account Number Fund 46040.7420.1000 Elmhurst McClinton Drainage Phase I Project Number Budgeted Item? Yes Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Remaining Budget Project Title $ 279,449.00 $ 88,807.21 190,641.79 $ 554,956.00 $ 424,956.00 60.641.79 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number ENGINEERING (621) /Org2 2024 Requestor: Alan Pugh BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $554,956.00 with Steelworx Industrial Group, LLC. for the construction of the Elmhurst and McClinton Phase I Drainage Improvements Project, approval of a project contingency of $60,000 (11%), and approval of a budget adjustment. COUNCIL DATE: 11/7/2024 ITEM ID#: 2024-616 Holly Black 70/17/202q S:42 RIn RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2024926 Account Name 4704.860.7420-5817.00 4704.860.7420-5911.99 364,956 - 60,000 - 46040 46040 7420.1000 EX 7420.1000 EX Improvements - Bridge & Drainage Contingency - Capital Project 4704.860.7999-5899.00 (424,956) - 46040 7999 EX Unallocated - Budget I of 1 i J V V D L Y a Q ro a� 6 C Q X ry a V I T N C n Ln is 3 ro L D t= 0) a ry D Y a a) INDEX TO DRAWINGS 1 COVER 2 INDEX OF SHEETS & KEY MAP TSU-1 TOPO. & UTIL. SURVEY STA. 1+00 TO STA. 8+00 TSU-2 TOPO. & UTIL. SURVEY STA. 8+00 TO STA. 12+00 & FAIRLANE CHANNEL PP-1 PLAN & PROFILE STA. 20+00 TP STA. 23+75 PP-2 PLAN & PROFILE STA. 23+75 TO STA. 25+37 PP-3 PLAN — NORTH CHANNEL & MLK POND GRD-1 GRADING & EROSION CONTROL PLAN— NORTH CHANNEL GRD-2 GRADING & EROSION CONTROL PLAN— STA. 20+25 TO STA. 22+50 GRD-3 GRADING & EROSION CONTROL PLAN— MLK POND GRD-4 PROFILES — MLK POND WL-1 RETAINING WALL— PLAN AND PROFILE— MLK POND D-1 CITY OF FAYETTEVILLE DETAILS— SIDEWALK & PIPE TRENCH D-2 MISCELLANEOUS DETAILS D-3 WEIR AND INFILTRATION TRENCH DETAILS — STA. 20+35 D-4 MLK POND OUTLET STRUCTURE AND BIO—SWALE DETAILS D-5 EROSION CONTROL DETAILS 1 D-6 EROSION CONTROL DETAILS 2 st '7 U Q ro —TSU-1 (BOTTOM VIEW) M14k+ w m uj v._ i-n w 441* TSU-2 (TOP VIEW)/0 ��, H�NTs�I``� PP-3 (TOP VIEW) S � r� t Ro. . GRD-1 P ESS K NORTH - E pwV CHANNELAb - AIN iir� I '� .. PHASE 1 WORK k r ;•w�: PHASE 2 WORK , Al Lk Alt Aq - % ,.-vaa� ...�.ya,.s •an�aMR: i .'�'� `t��. � :.�+ / i 1 .� � �` fr � � ! , ,. •fir - ";!/l�.•; I � A ` , Y• q rr� jB, if 4%je, --- - t � ,�, € � _ +�, � �, �.,r; �". !,,_mot, r;'�a'•ti, :�� '� `' ' � - . �� �µyy ^h'r .• , 1 �+ .,� �.. � fir- .`+' _ �� .�?= �r � - A. `' s 1 r • f t ((?.ii 1• ,i.f_ sd;! �7"`.��� _ �; '- ' .i , 1�. "±r.� ,,1' ., �j1�f'r1 I - 02 41 Av askate,' IL Aj� At AV At J _ p ' p• TSU-2 (BOTTOM VIEW) GRD-3 PP-3 (BOTTOM VIEW) MMLK POND TSU-1 (TOP VIEW) PP-1 GRD-2 INFILTRATION TRENCH AND WEIR 7-18-Z&'1 ORIGINAL SIGNATURE ON FILE U) N z O J z LJJ Lu > Q o U O '1 J U ' L) = oC Lu z w Q 0- w w Q LL J Lu Q 0 8�1 w Q w INDEX OF SHEETS &KEY MA DESIGNED BY: DRAWN BY ITS WAS DATE: REVISION: 7/17/2024 BID SCALE: JOB NUMBER: NTS 19-2143 2 CITY OF WA FAYETTEVILLE ARKANSAS Bid 24-39 Addendum 7 Steelworx Industrial Group Supplier Response Event Information Number: Bid 24-39 Addendum 7 Title: Construction - Elmhurst and McClinton Drainage Improvements (Phase 1) Type: Invitation to Bid Issue Date: 8/4/2024 Deadline: 9/18/2024 02:00 PM (CT) Notes: The City of The City of Fayetteville is accepting sealed bids from properly licensed firms for the construction of approximately 154,000 cubic foot storm water retention pond adjacent to Huntsville Road with associated storm drain, outlet structure, concrete sidewalk, bioswale, retaining wall, and landscaping. The work also includes the construction of two sodded drainage swales, totaling approximately 475 LF, including an associated concrete weir with decorative face. 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 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7 Steelworx Industrial Group Information Contact: Michael Glenn Address: 1860 East Pump Station Road Fayetteville, AR 72701 Phone: (479) 422-4810 Email: Michael.Glenn@steelworxig.com Web Address: www.steelworxig.com By submitting your response, you certify that you are authorized to represent and bind your company. Derek McKeon derek.mckeon@steelworxig.com Signature Email Submitted at 911812024 01:58:06 PM (CT) Requested Attachments Bid 24-39 Signature Forms BID FORM SIGNED.pdf Please attach your completed forms. These documents can be found in the Project Manual. Bid 24-39 Bid Bond BID BOND SIGNED.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. Response Attachments Bidder Qualification Forms SIGNED.pdf Bidder Qualifications Form Bid Attributes 1 Arkansas Secretary of State Filing Number: 811246121 2 Arkansas Contractor License Number: 0405550424 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. Z Yes, I agree ❑ No, I don't agree Page 2 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7 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 Unclassified Excavation (Plan Quantity) Quantity: 3100 UOM: CY Price: $27.60 Total: $85,560.00 1 4" Topsoil Placement & Select Grading 0 Quantity: 4640 UOM: SY Price: $6.00 Total: $27,840.00 Page 3 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7 2 Overcup Oak Tree 6 Quantity: 15 UOM: EA Price: $840.00 Total: $12,600.00 Page 4 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7 4 Tree Pruning (within tree protection area) 2 Quantity: 5 UOM: EA Price: $120.00 Total: $600.00 Page 5 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7 4 Asphalt Pavement Cut & Repair 3 Quantity: 90 UOM: SY Price: $67.00 1 Total: $6,030.00 4 Concrete Curb & Gutter 4 Quantity: 65 UOM: LF Price: $28.80 1 Total: $1,872.00 Response Total: $554,956.00 Page 6 of 6 pages Vendor: Steelworx Industrial Group Bid 24-39 Addendum 7 DOCUMENT 00410 — BID BOND KNOW ALL MEN BY THESE PRESENTS: that we Steelworx Industrial Group, LLC 1.860 E Pump Station Road Fayetteville, AR 72701 as Principal, hereinafter called the Principal, and Swiss Re Corporate Solutions America Insurance Corporation 1200 Main St. Suite 800 Kansas City, MO 64105-2478 a corporation duly organized under the laws of the State of called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Missouri as Surety, hereinafter as Obligee, hereinafter called Owner, in the sum of Five Percent of the Total Amount Bid Dollars ($ 5% ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: BID # 24-39, Elmhurst -McClinton Drainage Improvements, Phase 1 NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terns of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 19-2143 00410 - 1 Elmhurst -McClinton Drainage Improvements, Phase 1 Bid Bond DOCUMENT 00410 —BID BOND (continued) Signed and sealed this 18th day of September 20 24. PRINCIPAL Steelworx Industrial Groun. LLC By ✓ c SURETY Swiss Re Corporate Solutions America Insurance Corporation Suzanne Elizabeth Niedzwiedz ATTORNEY -IN -FACT (This Bond shall be accompanied with Attorney- i n- Fact's authority from Surety) END OF DOCUMENT 00410 19-2143 Elmhurst -McClinton Drainage Improvements, Phase I (CORPORATE SEAL) .` -�P •A i ' plJE3UC ' s (CORPORATE SEAL) 00410-2 Bid Bond SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: LISA A. McCLURE, MARTY C. CLARK, MARY ANN JUSTICE, SCOTT R. CLARK, SUZANNE ELIZABETH NIEDZWIEDZ, SHANNON G. SCHMIDLY, ELIZABETH A. SOLOMAN, PAXTON C. CLARK, JOSHUA D. TRITT, AND SHANNON C. SCHMIDLY JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWO IIUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be bindine upon the Corporation when so affixed and in the future with reeard to anv bond, undertaking or contract of surety to which it is attached." �•`�pNSAME, ,00�Ot18P t�oeye ` ��ti 1 ,h�CT �rtPORgrity�s .0 G�PPORaTt`-'n By 1�.:Pj'Olti:r:'L q� SEAL ' ■ a • S E A L - Erik Jnmsens, Senior Vice President of SRCSAIC & Senior Vice President • :• ; fn a - O • n = orSRCSPIC & senior Vice President of R7C 1973 d�,y�l � ,,• s,� By eccq,Sttt�•t��„1`GerAli] .Ingrmrski, Vice PraGlrnt or SRCSAIC& Vice President orSRCSPIC & Viet President orwic IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of _ NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ® Westport Insurance Corporation On this 10 day of NOVEMBER .20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. o�Ic1AL sou. cr+atSMINA r�wratsco I TAW PURA 87ATE OF t 01011111 canmWW Mtlfrit ihtcr.._,_ jl}q�,,�� I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still irl,fyll Floret; and f:ffeci. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 18th day of September , 20,dff Jeffrey Goldberg, Senior Vice Ptesident& Assistant Secretary of SRCSAIC ano SRCSPIC and WIC DOCUMENT 00400 — BID FORM Contract Name: Elmhurst -McClinton Drainage Improvements, Phase 1 Bid Number: 24-39 • Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Steelworx Industrial Group Bidder: Derek McKeon Michael Jackson Blake Engleman 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 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 Addendum #1 Addendum #2 Addendum #3 Addendum #4 Addendum #5 Addendum #6 Addendum #7 Date 08.20.24 08.23.24 09.04.24 09.05.24 09.09.24 09.12.24 09.16.24 19-2143 Elmhurst -McClinton Drainage Improvcments, Phase 1 Bid Form 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. H. 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. 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. 19-2143 00400 - 2 Elmhurst -McClinton Drainage Improvements, Phase I Bid Form DOCUMENT 00400 — BID FORM J. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. K. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 - Subpart P - Excavations. 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 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. I:lt1l11L4111OV I I0113.' 5.01 Bidder agrees that the Work will be substantially complcted 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. 19-2143 00400 - 3 Elmhurst -McClinton Drainage Improvements, Phase 1 Bid Form DOCUMENT 00400 — BID FORM 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 Dollars 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: Derek McKeon Email: derek.mckeon@steelworxig.com Phone No. 479.419.4558 Fax No. 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. 0405550424 If Bidder is: An Individual Name (type or printed): Doing business as: Business address: Phone No. Email address: (Individual's Signature) Fax No. (SEAL) 19-2143 00400 - 4 Elmhurst -McClinton Drainage Improvements, Phase 1 Bid Form DOCUMENT 00400 — BID FORM A Partnership Partnership Name: By: (Signature of general partner - attach evidence of authority to sign) Name (type or printed): Business address: Phone No. Email address: A Corporation or LLC Corporation Name: State of Incorporation: _ Type (General Business, By: Fax No. Steelworx Industrial Group Arkansas Service, Limited Liability): LLC (Signature of general partner - attach evidence of authority to sign) Name (type or printed): MtCA4e- t G 1-e Title: FVP I)n✓rArLP t 9 (SEAL) (SEAL) r.`�� .•aOTA.% o = PLAKIC ' CORPORA'f$.-(:.- (Signatac of Corporate Secretary) Phone No. J(479) 419-4558 Fax No. (479) 419-4558 Email address: Tax ID Number (TIN): 85-1149403 UEI # R2MJZLJ9K1 C6 Cage Code: 9PM02 19-2143 00400 - 5 Elmhurst -McClinton Drainage Improvements, Phase 1 Bid Form DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: BID # 24-39 Elmhurst -McClinton Drainage Improvements, Phase 1 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 SWPPP/Erosion Control Second Nature Landscapes 5% 211 E. Hwy 264, Springdale, AR Asphalt Concrete Landscaping Second Nature Landscapes 20% 211 E. Hwy 264, Springdale, AR Material Testing Other (designate) NOTE: This form must be submitted in accordance with the Instructions to Bidders. Kvzl�_ Bidder's Signature 19-2143 00430 - 1 Elmhurst -McClinton Drainage Improvements, Phase 1 List of Subcontractors DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT Contract Name: Elmhurst -McClinton Drainage Improvements, Phase 1 Bid #: 24-39, Construction Date: 09/18/2024 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Steelworx Industrial Grou Name Derek McKeon Address 1860 E. Pump Station Rd., Fayetteville, AR 72701 Principal Office 1860 E. Pump Station Rd., Fayetteville, AR 72701 Corporation, partnership, individual, joint venture, other LLC Arkansas State General Contractor's License Number 0405550424 (Type or legibly print) EXPERIENCE STATEMENT 1. Bidder has been engaged as a General Contractor in construction for 4 years and has performed work of the nature and magnitude of this Contract for 4 years. Bidder has been in business under its present name for 4 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.) 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. 19-2143 00140 - 1 Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) 5. Bidder normally performs the following work with his own forces: Earthwork, storm drain utilities, water utilities, sanitary sewer utilites, site and building concrete, erosion control 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: BHC Insurance 1626 Empire St. Suite 207 (479) 270-7377 Lowell, AR 72745 Agent: Josh Tritt 8. Bidder's Workmen's Compensation Experience Modifier Factor is: 0.94 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: 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. 19-2143 00140 - 2 Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors a. b. Where Docketed and Date Amount Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: September 18 , 2024 . Name of Organization: Steelworx Industrial Group By G. err•el.e (Type or legibly print) (signature) Title l�0 ale \Q- (Type or legibly print) (OFFICIAL SEAL) ,e�`Gp, �0 s i PUBLICy e 03- 02712565 •�4y1M��MNM,,P (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.) 19-2143 00140 - 3 Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement COMPLETED WORK: Project: Axis Electric New Office (Earthwork & Concrete) Owner: Kunruk, LLC. Engineer/Architect: Jorgensen & Associates Contract Amount: $280,055.00 Surety: BHC Date of Completion: 12/31 /24 Self Perform %: 100% Project: O'Reilly's Auto (Earthwork & Concrete) Owner: O'Reilly's Auto Parts Engineer/Architect: Esterly Schneider Associates, Inc. Contract Amount: $287,172 Surety: BHC Date of Completion: 08/30/24 Self Perform %: 100% Project: Madison County Sheriff's Office & Detention Center (Earthwork & Concrete) Owner: Madison County Engineer/Architect: Spirit Architecture Contract Amount: $826,931.03 Surety: BHC Date of Completion: 06/30/24 Self Perform %: 100% CONSTRUCTION EXPERIENCE: Blake Engleman: 15+ years in building & site concrete, retaining walls Derek McKeon: 10 years in earthwork, storm drain, erosion control and utility construction Tyler Johnson: 15+ years in earthwork, storm drain & concrete construction DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT Contract Name: Elmhurst -McClinton Drainage Improvements, Phase 1 Bid #: 24-39, Construction Date: 09/18/2024 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Steelworx Industrial Grou Name Derek McKeon Address 1860 E. Pump Station Rd., Fayetteville, AR 72701 Principal Office 1860 E. Pump Station Rd., Fayetteville, AR 72701 Corporation, partnership, individual, joint venture, other LLC Arkansas State General Contractor's License Number 0405550424 (Type or legibly print) EXPERIENCE STATEMENT 1. Bidder has been engaged as a General Contractor in construction for 4 years and has performed work of the nature and magnitude of this Contract for 4 years. Bidder has been in business under its present name for 4 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.) 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. 19-2143 00140 - 1 Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) 5. Bidder normally performs the following work with his own forces: Earthwork, storm drain utilities, water utilities, sanitary sewer utilites, site and building concrete, erosion control 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: BHC Insurance 1626 Empire St. Suite 207 (479) 270-7377 Lowell, AR 72745 Agent: Josh Tritt 8. Bidder's Workmen's Compensation Experience Modifier Factor is: 0.94 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: 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. 19-2143 00140 - 2 Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors a. b. Where Docketed and Date Amount Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: September 18 , 2024 . Name of Organization: Steelworx Industrial Group By G. err•el.e (Type or legibly print) (signature) Title l�0 ale \Q- (Type or legibly print) (OFFICIAL SEAL) ,e�`Gp, �0 s i PUBLICy e 03- 02712565 •�4y1M��MNM,,P (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.) 19-2143 00140 - 3 Elmhurst -McClinton Drainage Improvements, Phase 1 Bidder's Qualification Statement COMPLETED WORK: Project: Axis Electric New Office (Earthwork & Concrete) Owner: Kunruk, LLC. Engineer/Architect: Jorgensen & Associates Contract Amount: $280,055.00 Surety: BHC Date of Completion: 12/31 /24 Self Perform %: 100% Project: O'Reilly's Auto (Earthwork & Concrete) Owner: O'Reilly's Auto Parts Engineer/Architect: Esterly Schneider Associates, Inc. Contract Amount: $287,172 Surety: BHC Date of Completion: 08/30/24 Self Perform %: 100% Project: Madison County Sheriff's Office & Detention Center (Earthwork & Concrete) Owner: Madison County Engineer/Architect: Spirit Architecture Contract Amount: $826,931.03 Surety: BHC Date of Completion: 06/30/24 Self Perform %: 100% CONSTRUCTION EXPERIENCE: Blake Engleman: 15+ years in building & site concrete, retaining walls Derek McKeon: 10 years in earthwork, storm drain, erosion control and utility construction Tyler Johnson: 15+ years in earthwork, storm drain & concrete construction N n c E 'o W J J W Wm Fa LL h z OWQ >>1L L42 u U. 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J rc Cls DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Elmhurst -McClinton Drainage Improvements, Phase 1 Contract No.: Bid #24-39, Construction THIS AGREEMENT is dated as of the 7th day of November in the year 2024 by and between The City of Fayetteville, Arkansas and Steelworx Industrial Group, LLC (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 an approximately 154,000 cubic foot storm water retention pond adjacent to Huntsville Road with associated storm drain, outlet structure, concrete sidewalk, bioswale, retaining wall, and landscaping as shown in the project plans. The work also includes the construction of two sodded drainage swales, totaling approximately 475 LF, including an associated concrete weir with decorative face. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Open burning is not allowed on City projects. Blasting is not allowed on City projects. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 19-2143 00500 - 1 Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 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 105 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 19-2143 00500 - 2 Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement DOCUMENT 00500 — AGREEMENT (continued) 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and 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. 19-2143 00500 - 3 Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement 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 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. 19-2143 00500 - 4 Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement DOCUMENT 00500 — AGREEMENT (continued) H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: ELMHURST-MCCLINTON DRAINAGE IMPROVEMENTS, PHASE 1. 8. Addenda numbers 1-7 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. 19-2143 00500 - 5 Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement DOCUMENT 00500 — AGREEMENT (continued) 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the parry sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 19-2143 00500 - 6 Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement DOCUMENT 00500 — AGREEMENT (continued) IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on November 7 2024, which is the Effective Date of the Agreement. CONTRACTOR: By: Eric Wright (Type or legibly print) (Signature) Title: CEO/Managing Partner CITY OF FAYETTEVILLE By: Lioneld Jordan Title: Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) Attest 19-2143 Elmhurst -McClinton Drainage Improvements, Phase I (SEA Attest �tt�rrr►rr ``�.���RK• / T RFC%,� •! GAT Y OF • SG�' i FAYETTEVILLE ; 00500 - 7 y%9 •/�kAN�F`' ••� �`� Agreement �NGT ONE o� `� DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices 1860 E. PurnD Station Road Fayetteville, AR 72701 License No. 0405550424 Agent for Service of process Eric Wright (Type or legibly print) Address for giving notices 113 W. Mountain St. Fayetteville, AR 72701 Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 19-2143 00500-8 Elmhurst -McClinton Drainage Improvements, Phase 1 Agreement