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Home My WebLink About06-25 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 6-25 File Number: 2024-00964 HAWKINS-WEIR ENGINEERS, INC. (CONTRACT AMENDMENT 5): A RESOLUTION TO APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $169,800.00 FOR CONSTRUCTION OBSERVATION SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION, AND TO APPROVE A BUDGET ADJUSTMENT– 2019 DRAINAGE BOND PROJECT WHEREAS, on September 17, 2019, the City Council passed Resolution 211-19 to authorize Mayor Jordan to sign a Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. for conceptual drainage design services to alleviate the flooding at the intersection of North College Avenue and East Sunbridge Drive; and WHEREAS, on August 6, 2024, the City Council approved a contract with Tri-Star Contractors for construction of the drainage improvements; and WHEREAS, Amendment No. 5 to the contract with Hawkins-Weir Engineers provides for daily construction observation services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment No. 5 to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. in an amount of $169,800.00 for construction observation services associated with the project to alleviate flooding near the intersection of North College Avenue and East Sunbridge Avenue. 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 January 7, 2025 Resolution: 6-25 File Number: 2024-00964 Page 2 _______________________________ Molly Rawn, Mayor _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-00964 MEETING OF JANUARY 7, 2025 TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: Approval of engineering contract amendment 5 with Hawkins-Weir Engineers, Inc. in the amount of $169,800.00 for the daily construction observation services associated with the Sunbridge and College drainage project and associated budget adjustment. RECOMMENDATION: Staff recommends approval of engineering contract amendment 5 with Hawkins-Weir Engineers, Inc. in the amount of $169,800.00 for the daily construction observation services associated with the Sunbridge and College drainage project and associated budget adjustment. BACKGROUND: This area was identified as a priority after the 2017 flooding event due to structure flooding as well as significant property damage and street flooding. The City Council approved the construction contract with Tri- Star Contractors on August 6, 2024. DISCUSSION: This contract amendment would cover the required daily construction observation associated with the construction of the Sunbridge and College Drainage Improvements Phase I. BUDGET/STAFF IMPACT: The proposed funding source is the 2019 Drainage Bond Funds ATTACHMENTS: SRF (#3) , BA (#4) , Sunbridge and College Amendment 5 (#5), 204-24 Resolution (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-00964 Approval of engineering contract amendment 5 with Hawkins-Weir Engineers, Inc. in the amount of $169,800.00 for the daily construction observation services associated with the Sunbridge and College drainage project and associated budget adjustment. A RESOLUTION TO APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $169,800.00 FOR CONSTRUCTION OBSERVATION SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION, AND TO APPROVE A BUDGET ADJUSTMENT– 2019 DRAINAGE BOND PROJECT WHEREAS, on September 17, 2019, the City Council passed Resolution 211-19 to authorize Mayor Jordan to sign a Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. for conceptual drainage design services to alleviate the flooding at the intersection of North College Avenue and East Sunbridge Drive; and WHEREAS, on August 6, 2024, the City Council approved a contract with Tri-Star Contractors for construction of the drainage improvements; and WHEREAS, Amendment No. 5 to the contract with Hawkins-Weir Engineers provides for daily construction observation services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment No. 5 to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. in an amount of $169,800.00 for construction observation services associated with the project to alleviate flooding near the intersection of North College Avenue and East Sunbridge Avenue. 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. Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #204-24 Approval Date: Original Contract Number: 46040.7415.1000 Project Number Budget Impact: Sunbridge College Drainage Fund Improvements Bridge and Drainage4704.860.7415-5860.02 Account Number Project Title City of Fayetteville Staff Review Form 2024-964 Item ID 1/7/2025 City Council Meeting Date - Agenda Item Only Approval of engineering contract amendment 5 with Hawkins-Weir Engineers, Inc. in the amount of $169,800.00 for the daily construction observation services associated with the Sunbridge and College drainage project and associated budget adjustment. N/A for Non-Agenda Item Action Recommendation: Submitted By Chris Brown ENGINEERING (621) Division / Department 12/10/2024 Submitted Date Yes 552,246.12$ 169,800.00$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 6,490,874.00$ 5,938,627.88$ Yes Yes 169,800.00$ 552,246.12$ City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 ENGINEERING (621) Adjustment Number 2025 (BY) Requestor:Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of engineering contract amendment 5 with Hawkins-Weir Engineers, Inc. in the amount of $169,800.00 for the daily construction observation services associated with the Sunbridge and College drainage project and associated budget adjustment. COUNCIL DATE:1/7/2025 ITEM ID#:2024-964 Kevin Springer 12/11/2024 4:44 PM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: 1/7/2025 RESOLUTION/ORDINANCE CHKD/POSTED:/ v.20241029TOTAL-- Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4704.860.7999-5899.00 (169,800)-46040 7999 EX Unallocated - Budget 4704.860.7415-5860.02 169,800 -46040 7415.1000 EX Capital Prof Svcs - Engineering/Architectural -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 1 Amendment No. 5 - DEC 2024 .docx Page 1 of 2 December 6, 2024 AMENDMENT NO. 5 TO THE AGREEMENT For PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND HAWKINS-WEIR ENGINEERS, INC. In accordance with the AGREEMENT For PROFESSIONAL ENGINEERING SERVICES for the Sunbridge/College, Phase 1 Drainage Project (HW Project No. 2019070), dated September 17, 2019, between the City of Fayetteville, Arkansas (hereinafter called Owner) and Hawkins-Weir Engineers, Inc. (hereinafter called Engineer), Owner hereby authorizes Engineer to proceed with engineering services as modified by this Amendment No. 5. SECTION 1 – SCOPE OF SERVICES 1.1 The City of Fayetteville Engineering Department has directed the Engineer to amend services included in the AGREEMENT for the PROJECT. These amended services include the additional services necessary to complete Construction Phase Services (Task 5). Detailed services included in AMENDMENT NO. 5 are included in the attached Appendix A, Scope of Services. SECTION 2 – TIME OF SERVICE 2.1 The additional scope of services defined as Task 5 above will be completed within 390 calendar days added to the 1,100 calendar days provided in the AGREEMENT and previous AMENDMENT NOS. 1, 2, 3, AND 4. SECTION 3 – COMPENSATION 3.1 Owner shall compensate Engineer for providing the services set forth herein in accordance with the terms of the Agreement. Total payment for Scope of Services described herein shall not exceed One Hundred Sixty-Nine Thousand Eight Hundred and 00/100 Dollars ($169,800.00) without written approval of Owner. These additional services adjust the Agreement's not to exceed fee to $629,440.00 and the not to exceed reimbursable expenses to $24,300.00, for a total contract amount of $653,740.00. Attachments: Appendix A, Scope of Services dated December 6, 2024 Appendix B, Fee Proposal Breakdown dated December 2024 ACCEPTED BY: HA WK.INS-WEIR ENGINEERS, INC. By:-.��-�-��-J.Kyle Salyer, P.E., P.S. Vice President Date: 12 - (o -1.0Z'i Amendment No. 5 -DEC 2024 .docx AUTHORIZATION BY: CITY OF FAYETTEVILLE, ARKANSAS E-SIGNED by Molly Rawn By: on 2025-01-14 21 :49:30 GMT Honorable Molly Rawn, Mayor Date: January 7, 2025 Page 2 of2 December 6, 2024 2019070\Scope of Services – Amendment No. 5.docx Appendix A Amendment No. 5 Scope of Services Sunbridge Drive and College Avenue Drainage Improvements City of Fayetteville, Arkansas HWEI Project No. 2019070 December 6, 2024 Hawkins-Weir Engineers, Inc. (HW) proposes to provide the following additional services necessary to complete the Construction Phase Services. Task Description: Task 5 – Construction Phase Services (Items 1 through 9 Were Included in Amendment No. 4) 1. Conduct a Pre-Construction Conference with the Owner and Contractor 2. Conduct a field survey to establish control monumentation 3. Prepare, review, and coordinate the dissemination of construction documentation including material submittals, testing results, field orders, and change orders as directed by the Owner 4. Provide a weekly project site visit during the construction of the public utilities, street, and drainage improvements (based on 1 hour per week and a construction period of 52 weeks) 5. Assist the Owner with preparation of monthly pay requests (based on 12-month construction period) 6. Coordinate and conduct a final inspection with the Owner and the Contractor, and prepare a punch list of deficient construction items for the Contractor to address 7. Conduct as-built surveys of the completed water and sanitary sewer improvements 8. Conduct as-built surveys of the completed drainage improvements 9. Prepare Record Drawings of the completed project and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner’s archives 10. Provide part-time construction observation of the construction activities Task 5 - Construction Phase Services Engr Engr Tech Tech Insp Surveyor GPS VII IV IV I II Survey 1. 2. 3. 4. 5. 6. 7. 8. 9. TOTAL HOURS =0 0 0 0 0 0 0 Task 5 - Construction Phase Services Engr Engr Tech Tech Engr Surveyor GPS VII V IV I II Survey 10.224 1,000 TOTAL HOURS =0 224 0 0 1,000 0 0 $169,800 (1) (2) Engineering Services Summary Task 5 Construction Phase Services (Item 10)$169,800 Total Amendment No. 5 Fee - Not to Exceed $169,800 Appendix B Sunbridge Drive and College Avenue HWEI Project No. 2019070 December 2024 Drainage Improvements City of Fayetteville, Arkansas Amendment No. 5 Fee Proposal Based on 390-calendar day Contract Time (360-calendar days until substantial completion, and 30-calendar days until final completion thereafter). Construction Part-Time Inspection is based on 40-hours per week through the 360 days until substantial completion and 20-hours per week for the final 30 days. Task Subtotal Based on 390-calendar day Contract Time (360-calendar days until substantial completion, and 30-calendar days until final completion thereafter). Site visit is based on 1-hour per week through the substantial completion date for Eng. IV. Conduct Pre-Construction Conference with the Owner and Contractor Provide a weekly project site visit during construction of the improvements (1) Prepare, review, and coordinate the dissemination of construction documentation including material submittals, field orders, and change orders as directed by the Owner Task Subtotal Coordinate and conduct a final inspection with the Owner and Contractor, and prepare a punch list of deficient construction items for the Contractor to address Assists the Owner with preparation of Monthly Pay Requests Conduct as-built surveys of completed drainage improvements Prepare record Drawings of the completed project and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner’s archives Conduct as-built surveys of completed water and sanitary sewer improvements Conduct a field survey to establish control monumentation Provide part-time construction observation of the construction activities (2) Task 5, Items 1 through 9 Were Included in Amendment No. 3 2019070\Scope of Services and Fee Proposal Amendment No. 5.xlsx 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Resolution: 204-24 File Number: 2024-333 TRI-STAR CONTRACTORS, LLC. (SERVICE CONTRACT): A RESOLUTION TO AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC. IN THE AMOUNT OF $5,825,361.25 FOR THE SUNBRIDGE AND COLLEGE DRAINAGE PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $550,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 2019 DRAINAGE IMPROVEMENT BOND PROJECT WHEREAS, the area at Sunbridge and College was identified as a priority after the 2017 flooding event due to structure flooding as well as significant property damage and street flooding; and WHEREAS, this Sunbridge and College Drainage Project includes the installation of culverts, inlets and drainage structures along with utility relocation along North Villa Boulevard and East Granada Street to alleviate structure flooding and property damage in the area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a contract with Tri Star Contractors, LLC in the amount of $5,825,361.25 for the Sunbridge and College Drainage Project, and further approves a project contingency in the amount of $550,000.00. 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 August 6, 2024 Page 1 111111111// Attest: FAYE EVII-LF ; Kara Paxton, City Clerk Treasurer : •tip y. 4 gk M,v , P J2.• CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2024 CITY COUNCIL MEMO 2024-333 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: Approval of a construction contract with Tri-Star Contractors LLC in the amount of 5,825,361.25 for the Sunbridge and College drainage project along with a $550,000 contingency and associated budget adjustment. RECOMMENDATION: Staff recommends approval of a construction contract with Tri-Star Contractors LLC in the amount of 5,825,361.25 for the Sunbridge and College drainage project along with a $550,000 contingency and associated budget adjustment. BACKGROUND: This area was identified as a priority after the 2017 flooding event due to structure flooding as well as significant property damage and street flooding. Two structures have been reported City as flooding during heavy rains, at least one additional structure has had water intrusion and many others are receiving property damage or at risk of flooding. Significant road flooding also occurs along N Villa Blvd E Granada St. This project was originally designed to also alleviate flooding at the intersection of Sunbridge and College. Although the proposed downstream improvements should help the intersection, the upstream portion of the project at College Avenue is scheduled for a future phase due to the original bids being significantly over the available budget. DISCUSSION: The proposed project includes the installation of culverts, inlets and drainage structures along with utility relocation along N Villa Blvd and E Granada St to alleviate structure flooding and property damage in the area. BUDGET/STAFF IMPACT: The proposed funding source is the 2019 Drainage Bond Funds. ATTACHMENTS: SRF (#3), BA (#4), Agreement Between Owner and Contractor (#5), Bid 24-32, Bid Tab - Final (#6), Bid 24-32, Submittal - Tri Star Contractors LLC - P (#7) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansasy 113 West Mountain Street Fayetteville, AR 72701 479)575-8323 Legislation Text File #: 2024-333 Approval of a construction contract with Tri-Star Contractors LLC in the amount of 5,825,361.25 for the Sunbridge and College drainage project along with a $550,000 contingency and associated budget adjustment. A RESOLUTION TO AUTHORIZE A CONTRACT WITH TRI STAR CONTRACTORS, LLC. IN THE AMOUNT OF $5,825,361.25 FOR THE SUNBRIDGE AND COLLEGE DRAINAGE PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $550,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 2019 DRAINAGE IMPROVEMENT BOND PROJECT WHEREAS, the area at Sunbridge and College was identified as a priority after the 2017 flooding event due to structure flooding as well as significant property damage and street flooding; and WHEREAS, this Sunbridge and College Drainage Project includes the installation of culverts, inlets and drainage structures along with utility relocation along North Villa Boulevard and East Granada Street to alleviate structure flooding and property damage in the area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a contract with Tri Star Contractors, LLC in the amount of $5,825,361.25 for the Sunbridge and College Drainage Project, and further approves a project contingency in the amount of $550,000.00. 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 2024-333 Item ID 8/6/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/9/2024 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a construction contract with Tri-Star Contractors LLC in the amount of $5,825,361.25 for the Sunbridge and College drainage project along with a $550,000 contingency and associated budget adjustment. 4704.860.7415-5817.00 Account Number 46040.7415.1000 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Budget Impact: Improvements Bridge and Drainage Fund Sunbridge College Drainage Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 90,021.00 89,366.80 654.20 5,825,361.25 6,375,362.00 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: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a construction contract with Tri-Star Contractors LLC in the amount of $5,825,361.25 for the Sunbridge and College drainage project along with a $550,000 contingency and associated budget adjustment. COUNCIL DATE: ITEM ID#: 8/6/2024 2024-333 Nolly Black 7/9/202q 7: 5S ANI RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 597,626 597,626 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2024624 Account Name 4704.860.7999-5899.00 6,375,362) - 46040 7999 EX Unallocated - Budget 4704.860.7415-5817.00 4704.860.7415-5911.99 5,825,362 - 550,000 - 46040 46040 7415.1000 EX 7415.1000 EX Improvements - Bridge & Drainage Contingency - Capital Project 4704.860.7000-4707.47 4704.860.7999-5899.00 597,626 597,626 - 46040 46040 7000 RE 7999 EX Interest - 2022 Project Funds Unallocated - Budget I of 1 City of Fayetteville, Arkansas Division 00 College and Sunbddge Drainage Agreement Between Owner and Contractor HWEI Project No. 2019070 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: College and Sunbridge Drainage Contract No.: 24-32, Construction TFBS AGREEMENT is dared m of the _X___ day of S in the year 2024 by and between The City of Fayetteville, Arkansas and Tri Star Contractors. L (hereinafter called Contractor). ARTICLE I- 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 approximately 1,900 linear feet of drainage improvements, the associated roadway reconstruction and rehabilitation to install and construct the drainage improvements, and the associated public utility relocations. 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 protects. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shell be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to the City's online bidding portal for bid items and 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. ARTICLE 3 - CONTRACT TUIOM 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 ComrTWL Hawkins -Weir Engineers, Inc. 00500 -1 April 2024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 Division 00 Agreement Between Owner and Contractor DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 360 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 390 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. 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. Hawkins -Weir Engineers, Inc. 00500 - 2 April 2024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 Division 00 Agreement Between Owner and Contractor DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 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. 1. 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. Hawkins -Weir Engineers, Inc. 00500 - 3 April 2024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 Division 00 Agreement Between Owner and Contractor DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (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. Hawkins -Weir Engineers, Inc. 00500 - 4 April 2024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 Division 00 Agreement Between Owner and Contractor DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) I. Contractor has given The City of Fayetteville's 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 City of Fayetteville's Purchasing Division 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: COLLEGE AND SUN_BRIDGE DRAINAGE, BID 24-32 CONSTRUCTION. 8. Addenda numbers 1 and 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 Hawkins -Weir Engineers, Inc. 00500 - 5 April 2024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 Division 00 Agreement Between Owner and Contractor DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (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. Hawkins -Weir Engineers, Inc. 00500 - 6 April 2024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 Division 00 Agreement Between Owner and Contractor DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) IN WITNESS WIIEREOF, 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 " Q , 20Z1J which is the Effective Date of the Agreement. CONTRACTOR: LN Nicholas Goedereis Signature) CITY OF FAYETTEVILLE By: eld Jordan Signature) Title: President Title: tilavor 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 lb* 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 ; ttnrtr rp i SEAL) .. / .. GAS Y OF •G'': PAttest _ ;FAYFTTFVII.I.F GIN ClerK, ireaiS\Arer i Kam paxtun" A• t)'O•' V TO Hawkins -Weir Engineers, Inc. 00500 - 7 April 2024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 Division 00 Agreement Between Owner and Contractor DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) Address for giving notices Address for giving notices 1910 Waukesha Rd 113 W. Mountain St. Siloam Springs, AR 72761 Fayetteville, AR 72701 License No. 0186220525 Agent for Service of process Nicholas Goedereis 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 Hawkins -Weir Engineers, Inc. 00500 - 8 April 2024 CITY OF FAYETTEVILLE ARKANSARKANAS BID TABULATION Bid 24-32, Construction - College and Sunbridge Drainage DEADLINE: Thursday, June 13, 2024 at 2:00 PM Certification of Funds: $5,500,000.00 ($6,875,000.00 total allowed) Tri Star Contractors LLC Total 1 $5,825,361.25 Unek I Dezaription CITY DOM Unit Extended 1 Mobilization (Not to Exceed 5%of Total Base Bid, NOT including bonds and insurance or Trench and Excavation Safety) _ 1 LS 200,000.00 200,000.00 2 Bonds and insurance_ 1 LS 171,656.25 171,656.25 3 Trench and Excavation Safety Systems, as required by Act 291 of the 1993 Arkansas General Assembly 1 LS 15,000.00 4 Roadway Construction Control 1 LS 55,000.00 55,000.00 5 Clearing, Grubbing, &Demolition _ _ 1 SL_ S75,000.00 75,000.00 6 Rock Excavation 200 CY 180.00 36,000.00 7 Select Embankment _ 200 CV_ 35.00 7,000.00 8 Embankment - 400 Cy 35.00 14,000.00 9 4" Topsoil Placement (Yard Areas)_ 6450 SY_ 25.00 161,250.00 30 Undercut and Stone Backfill _ _ _ _ _ _ 100 TON 85. 00 46,750.00 11 18' Class III RCP (Under Pavement) 550 LF - 95.00 12,350.00 12 _ 24" Class III RCP (Under Pavement) Pa 130 LF 35,400.00 13 4' Drop Inlet (Circular) _ y 6 EA 900. 00 5,900.00 35,400.00 14 5' Drop inlet (Circular) 3 6,900.00 20,700.00 15 6' Drop Inlet (Circular) _ 1 EA EA 7,900.00 7,900.00 16 4' x 4' Drop Inlet (Type S) _ _ _ - 2 EA 6,500.00 13,000.00 17 4' x 5' Drop Inlet (Type S) _ _ - - _ - 7 - EA 6,750.00 47,250,00 18 5'x 5' Drop Inlet (Type S) _ _ _ _ 1 EA 6,900.00 6,900.00 19 5'Junction Box (Circular) _ 1 EA_ 6,250.00 6,250.00 20 12' x 12' Junction Box (Special) _ _ _ 2 EA 13,000.00 26,000.00 21 4' Drop Inlet Extension 5 EA 2,900.00 74,500.00 22 -. 8' Drop Inlet Extension _ _ 87,000.00 23 Access Manhole Frame and Cover 15 _ 6 _ EA E A - 5,800.00 750.00 4,500.00 24 9' z 3' Precast Concrete Box Culvert LF 1,100.00 1,664,300.00 25 9' x 3' Precast Concrete Box Culvert Bend _ 3.533 8 EA 8,500.00 68,000.00 26 Wingwalls and Appurtenances(T x 3' Box Culvert STA 0+12) 1 LS 40,000.00 40,000.00 27 _Wingwalls and Appurtenances (9' x 3' Box C_ ulv_ert_ STA 15+25) 1 LS 22,000.00 22,000.00 28 Channel Excavation (Plan Quantity) _ _ 850 35.00 29,750.00 29 Concrete Ditch Paving 41 CY SY 75.00 3,075.00 30 Erosion Control BlanketBlanket 125 SY 100.00 12,500.00 31 Turf Reinforcement Mat 950 SY 120.00 114,000.00 32 Native Sandstone Rip Rap 225 SY 150.00 33,750.00 33 Flowable Select Material 160 CY 200.00 32,000.00 34 4" Aggregate Base Course 1800 SY 70. 00 35 8" Aggregate Base Course 3900 SY 00 273,000.00 3,000.00 36 Prime Coat 3900 SY 10.00 39,000.00 37 Asphalt Concrete Hot Mix Surface Course(9.5 MIMI 635 TON 145.00 92,075.00 38 Asphalt Concrete Patching for Maintenance of Traffic 80 TON 175.00 14,000.00 39 24" Concrete Curb_ and Gutter (Type A) 1830 LF 24.00 40 Concrete Curb 780 LF 24.00 18,18,720.00 20.00 41 4" Thick Concrete Sidewalk 400 SY 82.00 32,800.00 42 Concrete Driveway Aprons 550_ SY 100.00 55,000.00 43 Concrete Driveway 600 SY 120.00 72,000.00 44 Asphalt Driveway 50 SY 120.00 6,000.00 45 Seeding and Mulching 1 ACRE 6,500.00 46 Solid Sod 3250 9Y 6,500.00 5.50 17,875.00 47 Additional Watering 50 MG 250.00 12,500.00 48 Remove and Replace Mailboxes 50 EA 700.00 35,000.00 49 4" Pavement marking (Paint) 300 LF 9.00 2,700.00 50 Pavement Symbols (Paint) _ 2 EA 950.00 1,900.00 51 Street Sign Installation 12 EA 700.00 8,400.00 52 Erosion Control 1 IS 50,000.00 50,000.00 53 Traffic Control and Maintenance 1 LS 75,000.00 75,000.00 54 6' Wood Privacy Fence 250 LF 60.00 15,000.00 55 Gates for 6'Wood Privacy Fence 30 LF fi2.00 1,860.00 56 6' Wood Privacy Fence with Metal Fence Posts LF 90.0 57 Gates for 6' Wood Privacy Fence with Metal Fence Posts 150 _ 15 LF 64.0 58 8' Wood Privacy Fence _ _ 30 LF 83.0 59 Temporary Fencing 500 LF 16.01 60 Cast -in -Place Detectable Warning Panel 60 SF 50.0i 61 Handicap Access Ramp _--_-- -- 52-- SY 62 Project Signs _ _ 2 EA 5,000.0i 63 Steel Gulderail - -- 110 LF 250.0i 64 Cold Milling Pavement 1400 SY 35.0 65_ Tree Protection Fencing 200 - LF 7.5i 66 6" Concrete Pavement 210 Sy 120.0i 67 Concrete Patch (Pavement Repair) 415 SY 95.0i 68_ 6" PC Concrete Base _ 13 0 Sy 250.0i 69 Modular Block Retaining Wall 350 SF 200.0 70 Remove and Replace Landscaping 1 IS 135.01 71 Furnish and Install 2" Caliper Tree 20 EA 2,200.01 72 Remove and Reinstall Llghtpole 2 EA 4,500.0i 73 Construction Staking 1 EA 000.01 74 Construction Staking for Water and Sewer 1 LS 1515,000.01 75 Traffic Control for Water and Sewer 1 LS 40,000.01 76 Mobilization for Water and Sewer 1 IS 30,000.01 77 Trench and Excavation Safety Systems for Water and Sewer 1 LS 12,000.01 78 Clearing, Grubbing, & Demolition for Water and Sewer 1 LS 55,000.01 79 Erosion Control for Water and Sewer LS 35,000.01 80 Wastewater Bypass Pumping _ 1 1 LS - 35,0.01 81 U undercutand Backflll for Water and Sewer _ 100 CY 50.01 582 Rock Excavation for Water and Sewer _ 150 300.01 83 Granular Backfill(Trenches) 1950 CY _ CV 01 84 Plowable Select Material 200 CY 200200.01 85 Concrete Patch (Pavement Repair) for Water and Sewer 200 SY 75.01 86 Remove and Dispose of Existing Manhole 10 EA 1,500.01 87 Manhole 4 Diameter (0-6'Deep) _ 13 EA 6,500.01 88 Drop Manhole, 4' Diameter(0 6' Deep) 2 EA 7, 500.01 89 Additional Depth for Manhole, 4' Diameter VF 2,200.01 90 Modify Existing Manhole Invert _ _ _ _ 50 3 EA 91 Trenching and Bedding (6'-10' Deep) 1700 LF 25.01 92 Trenching and Bedding(10'-14'Dee_p) _ I50 LF 35.01 93 8" SDR26 PVC Sewer Main 1700 LF 65.01 94 8" Class 350 Ductile Iron Sewer Main 100 LF 150.01 95 4" SCH 40 PVC SS Service Line 1030_ LF 60.01 96 16" Steel Encasement by Open Cut 150 LF 400.01 97 16" Split Steel Encasement by Open Cut 30 LF 500.01 98 8"x4"WYE 40 EA 1,100.01 99 Two -Way Cleanout - - - - - - -- 40 - EA - 1,600.01 300 _ Connect to Existing Sewer Service Line 40 EA 1,500.01 101 Plug and Abandon Existing 8" Sewer Line _ 5 EA 2,900.01 102 Post TV Inspection of New Sewer Main 1700 LF 15.01 303 Furnish and Install Tracer Wire Junction Box 20 EA 900.01 304 8" DR-14 PVC Water Line 400 LF 85.01 105 2" SDR-13.5 PVC Water Line 120 LF 61.01 306 8"x8" Tapping Sleeve and Valve 8 EA 6,500.01 107 2" Valve 4 EA 2,650.01 108 Furnish and Install Ductile Iron Fittings 1300 LBS 18.01 109 re_- FurnishandlnsallTracerWireJunction Box 12 EA 850.01 110 Furnish and Install Concrete Thrust Blocking 12 CY 500.01 111 Remove and Replace Water ServiceConnection 20 EA 2,100.01 112 Cut Plug and Abandon Existing Line 10 EA 2,100.01 113 Connect to Existing Water Line 2 EA S3.500.01 1s contingent upon supplier meeting o I Z'g nemnY n-1, rumnaaina is, nm C O N A'-T . R A C T O R S 1910 Waukesha R& Siloam Springs, AR 72761 h4s 0%%QA65a5 of eA9.9_u NVS \33 t-fwx"kajr T-"OA km I•rlanol nIJ3)24 a.00 Ooob\Q 'V6 Bid RIA - cAa-.(,s 6-r\ VA UA b(\ "ODme--, Event Information Number: Bid 24-32 Addendum 2 Title: Construction - College and Sunbridge Drainage Type: Invitation to Bid Issue Date: 5/19/2024 Response Deadline: 6/13/2024 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 1,900 linear feet of drainage improvements, the associated roadway reconstruction and rehabilitation required to install and construct the drainage improvements, and the associated public utility relocations on sections of College and Sunbridge. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfussCccr)fayetteville-ar.gov. Bid Activities Pre -Bid Meeting (non -mandatory) 5/29/2024 10:00:00 AM (CT) A non -mandatory Pre -Bid meeting will be held Wednesday, May 29, 2024 at 10:00 AM, in Room #111 of Fayetteville City Hall. All interested parties are encouraged to attend. Bid Opening 6/13/2024 2:00:00 PM (CT) Livestreamed on YouTube: Link - httns://www.youtLibe.com/user/cityoffayettevilleaI Bid Attachments Bid 24-32, FILE #00 - REQUIRED SIGNATURE FORMS.pdf A duplicate of the Required Signature Forms from the Project Manual is provided as a separate file, as a convenience to bidders to assist with bid preparation and submission. Bid 24-32, FILE #01 - PROJECT MANUAL.pdf IMENEW The complete Project Manual for Bid 24-32, Construction - College and Sunbridge Drainage Bid 24-32, FILE #02 - PLANS.pdf INVERT401= The complete Plan Set/Drawings for Bid 24-32, Construction - College and Sunbridge Drainage Bid 24-32, FILE #03 - ADDENDUM 1 - 06.07.24.pdf - • Addendum 1 has been issued for Bid 24-32, Construction - College and Sunbridge Drainage Bid 24-32, FILE #04 - ADDENDUM 2 - 06.11.24.pdf MY : • Addendum 2 has been issued for Bid 24-32, Construction - College and Sunbridge Drainage Requested Attachments Bid 24-32, Required Signature Forms Attachment required) Please attach your completed forms. These documents can be found in the Project Manual or as a convenience file in the 'Attachments' tab titled File #00. Page 2 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 Bid 24-32, Bid Bond Attachment required) 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: Optional: Maximum 4000 characters allowed) 2 Arkansas Contractor License Number: Uaaocba5 Optional: Maximum 4000 characters allowed) 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. WYes, I agree No, I don't agree Optional: Check all that apply) 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. es, I agree No, I don't agree Optional: Check all that apply) Page 3 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 5 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. IYI agree required: Check all that apply) Bid Lines 1 Package Header TOTAL BASE BID Quantity: 1 Total: I $ 5 Package Items 1.1 Mobilization (Not to Exceed 5% of Total Base Bid, NOT including bonds and insurance or Trench and Excavation Safety) Response required) Quantity: 1 UOM: LS Price: OQO •° o oc Total: aOO C)CO. 1.2 Bonds and Insurance Response required) Quantity: 1 UOM: LS Price: $ kr dos 6 . aS Total: s nwpS Lo . rJ 1.3 Trench and Excavation Safety Systems, as required by Act 291 of the 1993 Arkansas General Assembly Response required) Quantity: 1 UOM: LS Price: 1 $ 15, 000.06 Total: I $ 15,000.ob 1.4 Roadway Construction Control Response required) Quantity: 1 UOM: LS Price: $ cjS 000,0° Total: J$ F.S,C)OO.60 1.5 Clearing, Grubbing, & Demolition Response required) Quantity: 1 UOM: LS Price: $ n5 000, Total: $ 000.0° 1.6 Rock Excavation Response required) Quantity: 200 UOM: CY Price: $ Total: Lv 000-** 1.7 Select Embankment Response required) Quantity: 200 UOM: CY 1.8 Embankment Response required) Quantity: 400 UOM: CY 1.9 4" Topsoil Placement (Yard Areas) Response required) Quantity: 6450 UOM: SY Price: 1 $ 35.e Total: 1 $ rj.6() Price: I $ 5.Total: Is OOO.00 Price: a5 .°0I Total: 1 $ M i a `• Page 4 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 1.10 Undercut and Stone Backfill Response required) Quantity: 100 UOM: TON 1.11 18" Class III RCP (Under Pavement) Response required) Quantity: 550 UOM: LF 1.12 24" Class III RCP (Under Pavement) Response required) Quantity: 130 UOM: LF 1.13 4' Drop Inlet (Circular) Response required) Quantity: 6 UOM: EA 1.14 5' Drop Inlet (Circular) Response required) Quantity: 3 UOM: EA 1.15 6' Drop Inlet (Circular) Response required) Quantity: 1 UOM: EA 1.16 4' x 4' Drop Inlet (Type S) Response required) Quantity: 2 UOM: EA 1.17 4' x 5' Drop Inlet (Type S) Response required) Quantity: 7 UOM: EA 1.18 5' x 5' Drop Inlet (Type S) Response required) Quantity: 1 UOM: EA 1.19 5' Junction Box (Circular) Response required) Quantity: 1 UOM: EA 1.20 12' x 12' Junction Box (Special) Response required) Quantity: 2 UOM: EA 1.21 4' Drop Inlet Extension Response required) Quantity: 5 UOM: EA 1.22 8' Drop Inlet Extension Response required) Quantity: 15 UOM: EA Price: Is y 5O,°° Total: $ Price: Is -% 5.°° I Total: I $ 46, `150.°O Price: I $ Ck&.°OI Total: Is Price: $ 5 9o0.°° Total: 35 y-00,°° Price: Is (n 9 o0.° O Total: I $ a0 fl00.°0 Price: 1 $ 9,900.°o Total: Is r7 aDo. Price: 1 $ Lo 11600.00 1 Total: 1 $ 13 000•°° Price: $ L q 5 Total: 1 $ 49 21,50. °O Price: $ 6, Q DOCO I Total: 900. a Price: I $ 6-a.50.O°1 Total: $ Price: $ 3_— Total: Is d(o o00 G° Price: $ a,90o "ft Total: , 500. ISO Price: $ 5, 800. Total: 1 $ c6-1 000 00 Page 5 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 1.23 Access Manhole Frame and Cover Response required) Quantity: 6 UOM: EA 1.24 9' x 3' Precast Concrete Box Culvert Response required) Quantity: 1513 UOM: LF 1.25 9' x 3' Precast Concrete Box Culvert Bend Response required) Quantity: 8 UOM: EA Price: Is n50.Total: 1 $ ti S00." Price: Is ko(),O° Total: I $ 1,064 3CO.a' Price: $ ?,Soo °O Total: $ log 00O .°" 1.26 Wingwalls and Appurtenances (9' x 3' Box Culvert STA 0+12) Response required) Quantity: 1 UOM: LS Price: L$ t-i 0 000. °O Total: Fs46,666.00 1.27 Wingwalls and Appurtenances (9' x 3' Box Culvert STA 15+25) Response required) Quantity: 1 UOM: LS Price: 9Q, CC)0 Total: 1 $ v00.6'0 1.28 Channel Excavation (Plan Quantity) Response required) Quantity: 850 UOM: CY Price: 35.' Total: Is a 150,00 1.29 Concrete Ditch Paving Response required) Quantity: 41 UOM: SY Price: 1 $ Total: 1.30 Erosion Control Blanket Response required) Quantity: 125 UOM: SY Price: I $ OU. Total: I $ 1.31 Turf Reinforcement Mat Response required) Quantity: 950 UOM: SY Price: Is 20. °O Total: I $ (14, 600. °' 1.32 Native Sandstone Rip Rap Response required) Quantity: 225 UOM: SY Price: I $ 50,pD Total: Is 33, 950, 1.33 Flowable Select Material Response required) Quantity: 160 UOM: CY Price: 0. Total: 32, 600,°0 1.34 4" Aggregate Base Course Response required) Quantity: 1800 UOM: SY Price: 35." Total: 1.35 8" Aggregate Base Course Response required) Quantity: 3900 UOM: SY Price: r10.°'D Total: cZrl3 000.°' Page 6 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 1.36 Prime Coat Response required) Quantity: 3900 UOM: SY Price: I $ Total: $ 39 0007°'771 1.37 Asphalt Concrete Hot Mix Surface Course (9.5 MM) Response required) Quantity: 635 UOM: TON Price: $ ky5.0 0 Total: I $ °I Or15.6' 1.38 Asphalt Concrete Patching for Maintenance of Traffic Response required) Quantity: 80 UOM: TON Price: $ ir15.6" Total: I$4, 00 0O 1.39 24" Concrete Curb and Gutter (Type A) Response required) Quantity: 1830 UOM: LF 1.40 Concrete Curb Response required) Quantity: 780 UOM: LF 1.41 4" Thick Concrete Sidewalk Response required) Quantity: 400 UOM: SY 1.42 Concrete Driveway Aprons Response required) Quantity: 550 UOM: SY 1.43 Concrete Driveway Response required) Quantity: 600 UOM: SY 1.44 Asphalt Driveway Response required) Quantity: 50 UOM: SY 1.45 Seeding and Mulching Response required) Quantity: 1 UOM: ACRE 1.46 Solid Sod Response required) Quantity: 3250 UOM: SY 1.47 Additional Watering Response required) Quantity: 50 UOM: MG 1.48 Remove and Replace Mailboxes Response required) Quantity: 50 UOM: EA Price: I $ a.Lk • vo Total: 1 $ L43, 9 t0.0" Price: 1 $ a4. Total: $ 1g 920 •°" Price: $ c6 c a' Total: Is 3a, BOd O° Price: 1 $ k0b ,° ° Total: $ 55, p00.Ob Price: I $ a0.pd Total: $ Ta,wo.610 Price: $ i e2 O .p-0 Total: 1 $ L.000, °O Price: $ 6,600,00 1 Total: $ 6 Smoo Price: 1 $ . SO 1 Total: $ J9,qq5.Gb Price: Is a50. Total: $ a,500•° Price: $ 00.° Total: 1 $ 35,000.00 11 Page 7 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 1.49 4" Pavement marking (Paint) Response required) Quantity: 300 UOM: LF 1.50 Pavement Symbols (Paint) Response required) Quantity: 2 UOM: EA 1.51 Street Sign Installation Response required) Quantity: 12 UOM: EA oePrice: 1 $ 1 Total: I $ a r100 . p° Price: 1 $ Qom.°O Total: 1 $ k,G00 °° Price: I $ —100 °- Total: Is qOC> .&- 1.52 Erosion Control Response required) Quantity: 1 UOM: LS Price: $ 50 00d.°O 1 Total: Is SO Ooo. 1.53 Traffic Control and Maintenance Response required) Quantity: 1 UOM: LS Price: $ Ts 000.°O Total: I $ gC5,b00 ob 1.54 6' Wood Privacy Fence Response required) Quantity: 250 UOM: LF Price: $ l00 1 Total: Fs 1.55 Gates for 6' Wood Privacy Fence Response required) Quantity: 30 UOM: LF Price: $ (a.O° Total: $ 1.56 6' Wood Privacy Fence with Metal Fence Posts Response required) Quantity: 150 UOM: LF Price: J $ 90.0° Total: $ 1.57 Gates for 6' Wood Privacy Fence with Metal Fence Posts Response required) Quantity: 15 UOM: LF Price: $ {.O° Total: 1 $ cl(a0.°b 1.58 8' Wood Privacy Fence Response required) Quantity: 30 UOM: LF Price: $ g.pO Total: $ o0 1.59 Temporary Fencing Response required) Quantity: 500 UOM: LF Price: . CC Total: I $ B OOO,00 1.60 Cast -in -Place Detectable Warning Panel Response required) Quantity: 60 UOM: SF 1.61 Handicap Access Ramp Response required) Quantity: 52 UOM: SY Price: $ 50. ° ° j Total: $ 3 ppp ob Price: $ OD.QOI Total: 1 $ 5 ROO-°" Page 8 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 1.62 Project Signs Response required) Quantity: 2 UOM: EA 1.63 Steel Guiderail Response required) Quantity: 110 UOM: LF 1.64 Cold Milling Pavement Response required) Quantity: 1400 UOM: _SY 1.65 Tree Protection Fencing Response required) Quantity: 200 UOM: LF 1.66 6" Concrete Pavement Response required) Quantity: 210 UOM: SY 1.67 Concrete Patch (Pavement Repair) Response required) Quantity: 415 UOM: SY 1.68 6" PC Concrete Base Response required) Quantity: 110 UOM: SY 1.69 Modular Block Retaining Wall Response required) Quantity: 350 UOM: SF 1.70 Remove and Replace Landscaping Response required) Quantity: 1 UOM: LS 1.71 Furnish and Install 2" Caliper Tree Response required) Quantity: 20 UOM: EA 1.72 Remove and Reinstall Lightpole Response required) Quantity: 2 UOM: EA 1.73 Construction Staking Response required) Quantity: 1 UOM: EA Price: I $ 5 000 Total: I $ 10 000 . ° ° Price: 1 $ also. pO Total: I $ -a r11 500.°b Price: I $ 35 , 06 1 Total: $ 4q D00 eO Price: I $ 9'so I Total: 1 $ 1.500.°p Price: I $ m.°O Total: 1 $ Price: I $ 95.°' Total: I $ 3ck L4-A S.°t' Price: I $ 0a6 C>.°°I Total: $ G19 , 5 00 ,06 Price: $ aOp °e I Total: Fs 90 000 °b Price: 1 $ 135. " a Total: 1 $ I35. `0 Price: $ a aDO.00 Total:Fs q4 000.6p Price: I $ q, 500.p0 Total: $ .1000. °O Price: I $ L16,060.°o Total: $ 0 OO.6O 11 1. 74 Construction Staking for Water and Sewer Response required) Quantity: 1 UOM: LS Price: I $ rj, 000.E o I Total: f $ S, 000 Page 9 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 1.75 Traffic Control for Water and Sewer Response required) Quantity: 1 UOM: LS Price: Is 4o,000.°O I Total: I $ 40,OC O.DO 1.76 Mobilization for Water and Sewer Response required) Quantity: 1 UOM: LS Price: 30,ObO."' Total: $ 3y,C00. 1.77 Trench and Excavation Safety Systems for Water and Sewer Response required) Quantity: 1 UOM: LS Price: 1 Total: $ 1.78 Clearing, Grubbing, & Demolition for Water and Sewer Response required) Quantity: 1 UOM: LS Price: S5 000 0o Total: $ '5000 °n 1. 79 Erosion Control for Water and Sewer Response required) Quantity: 1 UOM: LS Price: 1 $ - S 00 1 Total: $ 35 DaO.°O 1. 80 Wastewater Bypass Pumping Response required) Quantity: 1 UOM: LS Price: I $ 35, 00 . Total: $ 35 G00, D' 1. 81 Undercut and Backfill for Water and Sewer Response required) Quantity: 100 UOM: CY Price: 0.6' Total: Is rs, o0oaO 1. 82 Rock Excavation for Water and Sewer Response required) Quantity: 150 UOM: CY Price: 300 O6 Total: $ 45 000."O 1. 83 Granular Backfill (Trenches) Response required) Quantity: 1950 UOM: CY Price: 5,5.00 1 Total: 1$ 109, 950.°O 1. 84 Flowable Select Material Response required) Quantity: 200 UOM: CY Price: oO Total: $ L4 0 000. °o 1. 85 Concrete Patch (Pavement Repair) for Water and Sewer Response required) Quantity: 200 UOM: SY Price: Is -75. °'1 Total: $ 1 5 000.01 1.86 Remove and Dispose of Existing Manhole Response required) Quantity: 10 UOM: EA Price: 500.°O Total: $ 15 D00 - °p 1.87 Manhole, 4' Diameter (0-6' Deep) Response required) Quantity: 13 UOM: EA Price: Is r70. Total: Page 10 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 1.88 Drop Manhole, 4' Diameter (0-6' Deep) Response required) Quantity 2 UOM: EA 1.89 Additional Depth for Manhole, 4' Diameter Response required) Quantity: 50 UOM: VF 1.90 Modify Existing Manhole Invert Response required) Quantity: 3 UOM: EA 1.91 Trenching and Bedding (6'-10' Deep) Response required) Quantity: 1700 UOM: LF 1.92 Trenching and Bedding (10'-14' Deep) Response required) Quantity: 150 UOM: LF 1.93 8" SDR-26 PVC Sewer Main Response required) Quantity: 1700 UOM: LF 1.94 8" Class 350 Ductile Iron Sewer Main Response required) Quantity: 100 UOM: LF 1.95 4" SCH 40 PVC SS Service Line Response required) Quantity: 1030 UOM: LF 1.96 16" Steel Encasement by Open Cut Response required) Quantity: 150 UOM: LF 1.97 16" Split Steel Encasement by Open Cut Response required) Quantity: 30 UOM: LF 1.98 8" x 4" WYE Response required) Quantity: 40 UOM: EA 1.99 Two -Way Cleanout Response required) Quantity: 40 UOM: EA 1.100 Connect to Existing Sewer Service Line Response required) Quantity: 40 UOM: EA Price: 1 $ 9,500." Total. [—$ I5,4o0.°O Price: 1 $ a, apo °u I Total: Price: $ , Q OO O° I Total: I $ (p,600.00 Price: I $ ass. at, Total: $ Price: I $ 35.°o Total: 1 $ Price: I $ Total: $ 10Od,°1'z Price: I $ e Total: I $ Price: I $ 0,°° Total: Price: 1 $ °O Total: $ Price: 1 $ f;CO,°6 I Total: $ ) 5 X . °O Price: $ ; 1 -I' Total: I $ LA14 ow °b Price: I $ Total: 0 00 11 Price: $ 5 °0 I Total: $ (0 D 06 &- Page 11 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 1.101 Plug and Abandon Existing 8" Sewer Line Response required) Quantity: 5 UOM: _EA 1.102 Post TV Inspection of New Sewer Main Response required) Quantity: 1700 UOM: LF Price: 1 $ a,g00.Oe-1 Total: I $ (L SOd.`» Price: I $ ko co Total: 1.103 Furnish and Install Tracer Wire Junction Box Response required) Quantity: 20 UOM: EA Price: Is goo oe Total: I $ 1 000.510 1.104 8" DR-14 PVC Water Line Response required) Quantity: 400 UOM: LF 1.105 2" SDR-13.5 PVC Water Line Response required) Quantity: 120 UOM: LF 1.106 8" x 8" Tapping Sleeve and Valve Response required) Quantity: 8 UOM: EA 1.107 2" Valve Response required) Quantity: 4 UOM. EA 1.108 Furnish and Install Ductile Iron Fittings Response required) Quantity: 1300 UOM: LBS Price: I $ <?S . a Total: 4 0 000 .°° Price: I $ L01.06 Totad$ 9,3ao,ac Price: Is Le, cs00 . Total: d O 6- Price: ea0 O1 Total: $ Price: I $ obI Total: 1 $ a3 40 1.109 Furnish and Insall Tracer Wire Junction Box Response required) Quantity: 12 UOM: EA Price: 1 $ 0050.°c Total: 1.110 Furnish and Install Concrete Thrust Blocking Response required) Quantity: 12 UOM: CY 1.111 Remove and Replace Water Service Connection Response required) Quantity: 20 UOM: EA 1.112 Cut Plug and Abandon Existing Line Response required) Quantity: 10 UOM: EA 1.113 Connect to Existing Water Line Response required) Quantity: 2 UOM: EA Price: Is 5 0- 1 Total: $ p° Price: 1 $ ° Total: Price: I $ (b a0 I Total: Is w 1, W Price: $ ' .Total: $ 00.°0 Page 12 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 2 Package Header DEDUCTIVE ALTERNATE #1 Deductive Alternate #1 includes removing all work between STA 8+10 to STA 19+00 including sanitary sewer improvements shown as SS Main 2, SS latera 2-A, and SS main 3, and water improvements shown as Water Line 3 and Water Line 4. Quantity: 1 Package Items 2.1 Embankment Response required) Quantity: 373 UOM: CY 2.2 4" Topsoil Placement (Yard Areas) Response required) Quantity: 4348 UOM: SY 2.3 18" Class III RCP (Under Pavement) Response required) Quantity: 231 UOM: LF 2.4 24" Class III RCP (Under Pavement) Response required) Quantity: 65 UOM: LF 2.5 4' Drop Inlet (Circular) Response required) Quantity: 4 UOM: EA 2.6 5' Drop Inlet (Circular) Response required) Quantity 2 UOM: EA 2.7 6' Drop Inlet (Circular) Response required) Quantity: 1 UOM: EA 2.8 4' x 4' Drop Inlet (Type S) Response required) Quantity: 1 UOM: EA 2.9 5' Junction Box (Circular) Response required) Quantity: 1 UOM: EA 2.10 12' x 12' Junction Box (Special) Response required) Quantity: 2 UOM: EA Total: I $ ISa orlq . ° ° Price: 35 • Total: $ Price: I $ as.00 Total: $ 10t '10o.06 Price: 1 $ S." Total: 1 $ Price: g5.bo Total: $ r15." Price: $900.6b I Total: 1 $ "AS, (a 00."- Price: 1 $ 6. G00.°O Total: I $ 13 goo. to Price: 06,6 `' I Total: 1 $ 2., `to 0 Price: 1$ 4,600.60 1 Total: 1 $ Co,500'O" Price: ,50. 0O Total: I $ Price: I $ d Total: I $ Page 13 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 2.11 4' Drop Inlet Extension Response required) Quantity: 1 UOM: EA 2.12 8' Drop Inlet Extension Response required) Quantity: 9 UOM: EA 2.13 Access Manhole Frame and Cover Response required) Quantity: 1 UOM: EA 2.14 9' x 3' Precast Concrete Box Culvert Response required) Quantity: 714 UOM: LF 2.15 9' x 3' Precast Concrete Box Culvert Bend Response required) Quantity: 2 UOM: EA Price: 1 $ a, qb. ° O Total: $ 00. ° 70 Price: I $ is, Sm.O°1 Total: Is S a, Price: 1 $ G707 ° Total: $ 950.° Price: I $ 11100,Total: I $ ras, 460= Price: I $ %,,S00 . Total: 1$ '7 OOO,00 2.16 Wingwalls and Appurtenances (9' x 3' Box Culvert STA 15+25) Response required) Quantity: 1 UOM: LS Price: $ aQ, OCO .°C 1 Total: $ g 000 , °O 2.17 Channel Excavation (Plan Quantity) Response required) Quantity: 850 UOM: CY 2.18 Erosion Control Blanket Response required) Quantity: 105 UOM: SY 2.19 Turf Reinforcement Mat Response required) Quantity: 852 UOM: SY 2.20 Native Sandstone Rip Rap Response required) Quantity: 132 UOM: SY 2.21 Flowable Select Material Response required) Quantity: 18 UOM: CY 2.22 4" Aggregate Base Course Response required) Quantity: 503 UOM: SY 2.23 8" Aggregate Base Course Response required) Quantity: 1475 UOM: SY Price: I $ 35.00 Total: $ a q50.1, Price: $ IOC O Total:Fs I o, 500.° o Price: I $ 1A0 ° O Total: $ 102 a4o.°" Price: $ D. °° Total: 1 $ ILISOU.°' Price: $ , Op. Total: I $ 3,(VOO• Price: Is . ° ` Total: I $ IT1, (.Q Price: I $ r10.°aI Total: $ 03 r30.',-" Page 14 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 2.24 Prime Coat Response required) Quantity: 1475 UOM: SY Price: I $ 1 a ob Total: 1 $ 14, `1 2.25 Asphalt Concrete Hot Mix Surface Course (9.5 MM) Response required) Quantity: 235 UOM: TON Price: 1 $ 1 4 5 ! 0 Total: $ 34,09S.00 2.26 Asphalt Concrete Patching for Maintenance of Traffic Response required) Quantity: 7 UOM: TON Price: I $ \r15•°o Total: 1 $ as 1D0 2.27 24" Concrete Curb and Gutter (Type A) Response required) Quantity: 891 UOM: LF 2.28 Concrete Curb Response required) Quantity: 248 UOM: LF 2.29 4" Thick Concrete Sidewalk Response required) Quantity: 175 UOM: SY 2.30 Concrete Driveway Aprons Response required) Quantity: 203 UOM: SY 2.31 Concrete Driveway Response required) Quantity: 308 UOM: SY 2.32 Seeding and Mulching Response required) Quantity: 1 UOM: ACRE 2.33 Solid Sod Response required) Quantity: 1398 UOM: SY 2.34 Remove and Replace Mailboxes Response required) Quantity: 19 UOM: EA 2.35 Street Sign Installation Response required) Quantity: 1 UOM: EA 2.36 6' Wood Privacy Fence Response required) Quantity: 83 UOM: LF Price: 1 $ a 4.° Total: I $ 2m 3I. ° d Price: I $ 'oil • Total: I $ S 9 Price: 1 $ .°o Total: Price: I $ lb0 ° Total: I $ 0 DO° o Price: Is t ao .oTotal: Is 3("quo. °° Price: $ U t 500.p0 Total: $ Price: I $ 5.,5 Total: I $ r] I ( o`l. Price: $ Ob.a Total: 1. $ 51 3b0 Price: $ T I00.11 Total: I $ goo'., - Price: I $ c Total: 1. °'' Page 15 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 2.37 Gates for 6' Wood Privacy Fence Response required) Quantity: 10 UOM: LF 2.38 Cast -in -Place Detectable Warning Panel Response required) Quantity: 40 UOM: SF 2.39 Handicap Access Ramp Response required) Quantity: 24 UOM: SY 2.40 Cold Milling Pavement Response required) Quantity: 292 UOM: SY 2.41 6" Concrete Pavement Response required) Quantity: 156 UOM: SY 2.42 Concrete Patch (Pavement Repair) Response required) Quantity: 63 UOM: SY 2.43 6" PC Concrete Base Response required) Quantity: 39 UOM: SY 2.44 Modular Block Retaining Wall Response required) Quantity: 350 UOM: SF 2.45 Furnish and Install 2" Caliper Tree Response required) Quantity: 6 UOM: _EA 2.46 Rock Excavation for Water and Sewer Response required) Quantity: 5 UOM: CY 2.47 Granular Backfill (Trenches) Response required) Quantity: 820 UOM: CY Price: 1 $ 1 Total: 1 $ (o a0.°o Price: 1 $ rJO.pO1 Total: 000. Price: I h0 ,°"1 Total: 0 Price: 5.-° I Total: 1 $ I°, 2 Price: I_$ koZO.°OI Total: $ tSr7 a0.°" Price: $ gS.oO Total: 1 $ 5 qg5 •" Price: $ 50•°bI Total: F ct,r150.o° Priced $ '00 . ° ° I Total: $ 90 C-W , O0 Price: I $ a,2,bo.° o Total: I $ 0O,°' Price: $ 3 ob Total: 1$ i 5 0 0 •. a Price: $ 55. °6 Total: 2.48 Concrete Patch (Pavement Repair) for Water and Sewer Response required) Quantity: 21 UOM: SY Price: $ '15.° ° Total: 1 $ 1,595.°O 2.49 Remove and Dispose of Existing Manhole Response required) Quantity: 5 UOM: EA Price: $ l i500 Total: $ 17 5 Do . ° o Page 16 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 2.50 Manhole, 4' Diameter (0-6' Deep) Response required) Quantity: 5 UOM: EA 2.51 Drop Manhole, 4' Diameter (0-6' Deep) Response required) Quantity: 1 UOM: EA 2.52 Additional Depth for Manhole, 4' Diameter Response required) Quantity: 19 UOM: VF 2.53 Modify Existing Manhole Invert Response required) Quantity: 3 UOM: EA 2.54 Trenching and Bedding (6-10' Deep) Response required) Quantity: 663 UOM: LF 2.55 Trenching and Bedding (10'-14' Deep) Response required) Quantity: 137 UOM: LF 2.56 8" SDR-26 PVC Sewer Main Response required) Quantity: 800 UOM: LF 2.57 4" SCH 40 PVC SS Service Line Response required) Quantity: 410 UOM: LF 2.58 16" Steel Encasement by Open Cut Response required) Quantity: 60 UOM: LF 2.59 8" x 4" WYE Response required) Quantity: 18 UOM: EA 2.60 Two -Way Cleanout Response required) Quantity: 18 UOM: EA 2.61 Connect to Existing Sewer Service Line Response required) Quantity: 18 UOM: EA 2.62 Post TV Inspection of New Sewer Main Response required) Quantity: 702 UOU LF Price: $ (g,600,00 I Total: 1$ j2,,5oQ..bv Price: $ q , Spd. aO I Total: 1 $ 'r7,SO0. &* Price: 60 °n Total I $ LV1,gC0 . p0 Price: $ a 00.°O Total: $ (9 (QOO.oe Price: I $ rd's 001 Total: 1 $ U(o S 9 'S Price: I $ S5.0 Total: 1 $ q, r7 qe:,, wb Price: 1 $ tp S. o' I Total: $ Sa bOO .° b Price: $ (06 00 l Total: 1 $ 6 6. Price: 1 $ 40 0.° 0 Total: 1 $ y I &, ° Price: $ i 1 b . Ci0 1 Total: $ 1q BOO.° o Price: I $ (p 0 O ° ° Total: 1 $ a `6 $00 Price: $ 15Dv.0 ° I Total: $ D 00. 00 11 Price: 1$ i5.°0 Total: 1 $ 5 0.0'0 Page 17 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 2.63 Furnish and Install Tracer Wire Junction Box Response required) 3 Quantity: 9 UOM: EA 2.64 8" DR-14 PVC Water Line Response required) Quantity: 185 UOM: LF 2.65 2" SDR-13.5 PVC Water Line Response required) Quantity: 35 UOM: LF 2.66 8" x 8" Tapping Sleeve and Valve Response required) Quantity: 4 UOM: EA 2.67 2" Valve Response required) Quantity: 2 UOM: EA 2.68 Furnish and Install Ductile Iron Fittings Response required) Quantity: 504 UOM: LBS 2.69 Furnish and Insall Tracer Wire Junction Box Response required) Quantity: 6 UOM: EA 2.70 Furnish and Install Concrete Thrust Blocking Response required) Quantity: 6 UOM: CY Price: 1 $ q 60 O° Total: $ g 100 .&0 Price: I $ Z S. ° Total: $ 1 S rl 5 '' Price: I $ (ol.°°1 Total: $ &, 35. - Price: 1 $ q.2,W" I Total: 1 $ Rio w 'PO Price: I $ of, U C, ' Total: $ S ,30O." o Price: I $ 1q.0O Total: s 01 ona..00 Price: I $ 550°O Total: 60.6o Price: I $ SOO.°n1 Total: $ 3 Oob 2.71 Remove and Replace Water Service Connection Response required) Quantity: 5 UOM: EA Price: ,00,°0 Total: s k0 500 2.72 Cut Plug and Abandon Existing Line Response required) Quantity: 5 UOM: EA Price: $ Q OO ."" Total: b 500 , 8'0 Package Header DEDUCTIVE ALTERNATE #2 Deductive Alternate #2 includes removing all drainage improvements identified as Lines 1, 3, 5, and 6 and water line improvements identified as Water Line 1 and Water Line 2. Quantity: 1 Total: 'j Page 18 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 Package Items 3.1 Rock Excavation Response required) Quantity: 20 UOM: CY 3.2 4" Topsoil Placement (Yard Areas) Response required) Quantity: 191 UOM: SY 3.3 18" Class III RCP (Under Pavement) Response required) Quantity: 251 UOM: _LF 3.4 24" Class III RCP (Under Pavement) Response required) Quantity: 52 UOM: LF 3.5 4' Drop Inlet (Circular) Response required) Quantity: 1 UOM: EA 3.6 5' Drop Inlet (Circular) Response required) Quantity: 1 UOM: EA 3.7 4' x 5' Drop Inlet (Type S) Response required) Quantity: 5 UOM: _EA 3.8 4' Drop Inlet Extension Response required) Quantity: 1 UOM: EA 3.9 8' Drop Inlet Extension Response required) Quantity: 5 UOM: EA 3.10 4" Aggregate Base Course Response required) Quantity: 100 UOM: SY 3.11 8" Aggregate Base Course Response required) Quantity: 490 UOM: SY 3.12 Prime Coat Response required) Quantity: 490 UOM: SY Price: Is kyb,°o Total: Co °O Price: I $ Total: 5 °6 Price: 1$ S .°" Total: 1 $ Price: I $ (,15.°C Total: I $ q, Ct4O Price: s 5 q0U Total: I $ 5 00.°b Price: to.QO Total: is ° Price: 1 $ (PSOO O° I Total: d -500 .°C Price: Is Q,90 Total: oO: Price: 1 $ IS, 900. ° - Total: $ a1g, boo. ° " Price: $ °O Total: Price: .° Total: wo • I Price: 1 $ 1a ,soI Total: 1 $ L} clv0. Page 19 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 3.13 Asphalt Concrete Hot Mix Surface Course (9.5 MM) Response required) Quantity: 79 UOM: TON Price: $ jg95- Total: (1, °`D. 3.14 Asphalt Concrete Patching for Maintenance of Traffic Response required) Quantity: 29 UOM: TON Price: $ VI S . 0-- I Total: $ 5 d 9 5 . °b 3.15 24" Concrete Curb and Gutter (Type A) Response required) Quantity: 297 UOM: LF 3.16 Concrete Curb Response required) Quantity: 31 UOM: LF 3.17 4" Thick Concrete Sidewalk Response required) Quantity: 37 UOM: SY 3.18 Concrete Driveway Aprons Response required) Quantity: 55 UOM: SY 3.19 Concrete Driveway Response required) Quantity: 8 UOM: SY 3.20 Solid Sod Response required) Quantity: 191 UOM: SY 3.21 Remove and Replace Mailboxes Response required) Quantity: 17 UOM: EA 3.22 Street Sign Installation Response required) Quantity: 3 UOM: EA 3.23 Cast -in -Place Detectable Warning Panel Response required) Quantity: 20 UOM: SF 3.24 Handicap Access Ramp Response required) Quantity: 13 UOM: SY 3.25 Cold Milling Pavement Response required) Quantity: 591 UOM: SY Price: 1 $ aIA .° ° Total: $ Price: I $ a,L} .° O Total: I $ 9 `Lk ao Price: 1 $ 75a ° d Total: $ 3,D5°Ca Price: I $ oc Total: $ Price: 1 $ 1a0.°d Total: Is cktoo- o Price: $ 5.5 Total: 5 D. S 6 Price: $ V'1Ob. ` 0 1 Total: Fs 00,° Price: 1 $ r1.°0 I Total: . ( C)°O Price: ° Total: I $ I 1000.&- Price: 1 $ I,OQ.°0 I Total: I $ 1 300.D0 Price: 1 $ SS.-' I Total: a O lQ Page 20 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 3.26 Concrete Patch (Pavement Repair) Response required) Quantity: 223 UOM: _SY 3.27 6" PC Concrete Base Response required) Quantity: 43 UOM: SY 3.28 Remove and Reinstall Lightpole Response required) Quantity: 1 UOM. EA 3.29 Rock Excavation for Water and Sewer Response required) Quantity: 20 UOM: CY 3.30 Granular Backfill (Trenches) Response required) Quantity: 105 UOM: CY Price: 1 $ C6 ofl Total: I $ q l t 1$ 5 _° Price: 1 $ a50- Total: Is 10 `i's Price: $ y , 500 . pO I Total: l $ q, SCO °'O Price: $ 300.0d Total: $ (o tM•° o Price: I $ 1 Total: Is 3.31 Concrete Patch (Pavement Repair) for Water and Sewer Response required) Quantity: 70 UOM: SY Price: 'J.°O Total: I $ 5 ') 50. 3.32 8" DR-14 PVC Water Line Response required) Quantity: 170 UOM: LF 3.33 2" SDR-13.5 PVC Water Line Response required) Quantity: 60 UOM: LF 3.34 8" x 8" Tapping Sleeve and Valve Response required) Quantity: 4 UOM: EA 3.35 2" Valve Response required) Quantity: 2 UOM: EA 3.36 Furnish and Install Ductile Iron Fittings Response required) Quantity: 666 UOM: LBS 3.37 Furnish and Insall Tracer Wire Junction Box Response required) Quantity: 6 UOM: EA 3.38 Furnish and Install Concrete Thrust Blocking Response required) Quantity: 6 UOM: CY Price: 1 $ Vs. Total: 1 $ 14,4 Price: I $ Lol•°b Total: 1 $ 3 (,f..'b Price: I $ t-i 200.°' Total: $ vo goof ' Price: $ .°O Total: $ Price: I $ % .° Total: $ Price: I $ 50.Total: $ 5,100.ro Price: Is SOt,). 6°1 Total: 1 $ 3, 0 b 0 • Page 21 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 3.39 Remove and Replace Water Service Connection Response required) Quantity: 4 UOM: EA Price: $ -, 1,M.O"--] Total: Lib Db 3.40 Cut Plug and Abandon Existing Line Response required) Quantity: 5 UOM: EA 3.41 Connect to Existing Water Line Response required) Quantity: 1 UOM: EA Price: $ 100 . ° b 1 Totald $ 10 oc .0° Price: Is 3 Soo c'I Total: $ 3,560 Page 22 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 Supplier Information Company Name: -77 Contact Name: CSC7 - c Address: n D Phone: 1q w -kon Fax: Lu20 a3g ,003b Email: s Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. P1i1 t Name 3 Signatd re Page 23 of 23 pages Deadline: 6/13/2024 02:00 PM (CT) Bid 24-32 Addendum 2 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Tri-Star Contractors, LLC as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Fayetteville as obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid by Principal 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 Construction - College and Sunbridge Drainage . NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 6t' day of June ZO 24, Principal: Tri-Star Contractors, LLC SureTec Insurance Company By: AA f /f' — - Signature 1 By: t Signature Name: Steven Wayne Hutchins Attorney - in -Fact The Rider(s) Attached Hereto Is/Are Incorporated in the Bond and Contains Important Coverage Information and Limitations SIC OS Bid Uncapped rev 10_2021 Page 1 of 1 VOA 410033 SureTee Insurance C.onipany LIMITED POWER OF ATTORNEY Know All ;Derr by These Rresenn, That SI;RET11C INSURANCE. COMPANY (the "Company"), a corporation duly organized and existing [under tltc laws of the $laic of I.cxas, itidl having its principal office: in.fictiston, Harris County, Texas, does by these -presents make, constitute and appoint Michael A Luttrell, Steven Wayne Hutchins, David Dyer, Todd Easterling, W. Scott Whittenberg its true and lawful Attorney-in-Mct, with tilli rower and authority hercby ceenforrcd in its namiu, place and stead, to exrcute, acknowledge and deliver any and all bonds, reeogtizances, undertakings or other instruments, or contract, ot` suretyship io include waivem to the conditions of contracts and consents of surety for, providing the bond pcnalty does not exceed Five Million and 001100 Dollars ($5,000,000.00) and to bind the Company thereby as hilly any] to talc 5amc cxicrtt as if such bond worc signed by thi president, sealed with the corporate scat of tht• Company and duly attested by its Secretary, hereby ratifying and confirming all that the said ,Attorneyvjn-ract ,tnay do is talc premises. Said appointment i Ltttldk; under and by Authority of the Billowing resoiuli(yns of the Board of Directors of the SureTec lnslJrancC Company: Be it Resiolred, that the PresidcnL any Vick)•Proviclent, ar.1' r\;sistlt t[ Vicc-President, any Socrctaly or ariy Assisriat Secretary sfiail lie. and is hereby vested with Cult po+rer raid atlthorkv to. appoint any one LIT 1TWT xuituhhL person. xs liumuy'(s)-in-Fact to represent and act for and oil behalf of the. Colapauy subject to the fullov,iLlg ptrn i.ions: frtor, n+y-Ire-i peer may be, given full power and authority for and in the name of find tit' hChall' al' Lhc Company, fir extx:ute, aeknmvicdge mildeliver, anyandallhonds, rccolmirances. corrtr.'tct5, agreements or indenwin' and other conditionat or abligatoty unknakings fund wiv aril all notiees Egad dnCOTrlents canceling, or Lcrntinalin_! the C'ompnny'.. liability thcrcundcr, »rid any such instruments so execared by any suCh l: t:ornzy-in-Prtt:L shall b, binding upura the C.rntrpum fix if signed bv.lhc President and scalud and cf cwd by the Corporate Secretary. Be.. it .Rervlvvd.. That the signature of any aiotltotized oft:err utd seal of it iv C:crmpilny her ttltirrL or hereafter oHixL d u) „n} pq:a'Cr of a114roey or any ccrl.ificare relating thereto by €acsirnile, and any power of ittomey or cenilicatc bcaritrg rtcsirnilc signaurreor la"iinila seal shall he valid and binding opim the Company with rc'specl in any bond or underial:imp to Which .it is aftache-t. (4drrpted ea a nac'clieW he.d on 20'" u%aprir. 19V9.' In Witnem Whereof, SLJRETEC INSUrRAi U, COMPANY has taosa d Ihese presenls to be ,-ipt;d by it: Presidenl, and its corporate seal tobt; hereto affixed (his ana day of trat1, A.D. xaxa Vt 1cc SURETEC INSURANCE COMPANY w i w 1 aF Mlehael C. Kertnig, Presieten State of Texas ss: C; twniporFarri} ,, ,,.: On Lhi, tt;, d1at• of A.D. 2v23 bcr'nrc, nits pmonally cable .Ielichael C',1%ci?rig, to lna,kno+t'n, +sllrz, being by [lit:fluty .svrurn: did dcpu:c find , fly, LhaL lie Tesi pica In F ltluslon. J'ex.i5, [hat. hv'k, President r,l'' S17RF,1`f,C: kl\ ,the C011tpan 4' L'IeSCCLi?Lit 1[I c1SLd tit'€lll'€t a\CL'Ute:l the atwve lus1rurti6itt; that he knu+vs Lhc seal of,%iid C.umpuny: that the seal sIl• XCd to sai:i in ttUnIcnt is Rtch corporate set1L that it eras so affixed by orderoftheBoardofDirectorsofsaidCou:pLtLiy: Wlil that ;te signed his name therctu by lake tinier. TANYA SLMEED Notary public State of Texas s CcnLrnls3lo # Tenva Sneed, Nota Tubite dlhrr85lonExpiresQ313112027Nay commission expires March 30, 2027 t, M. Hunt Hvuty, Arsis1ftnt .5Lcrcviry tat" SURFTF.C; iNSt,:RANCE CONfP'AIJa. do Ilereby Gtrtilj that IhC fLhovr and Jilrt:going is a iruc and corrcct copy 61' a Power ul'Auumuy, cxecnicd by said Company. which is still in full force and effecr, and funherntort, the r"))Lllifts of the Board of Directors, seL outJuthePoairrofAUUTl1L,V Lin: in lit€I Ii)TL:c find eticct. Given tinder my harld at.id the seal pf said C:ormpatty al Houston, Texas this 6th of June 1 A'2624 A.D. T. 13 nil Bea , , llssistant 9ecrelary Any instrument Issued In excess of the partalty stated above is totally void and without -any valldity. 41OQ33 ForverificationoftheauthorityofUiispoweryoumayearlt713I812-0800 any business day between 8:30 am and 5:00 prn CST. CITY OF FAYETTEVILLE ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. Z596' Bid Bond of the amount bid accompanied by required documentation (Polder of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery appointment with the City Purchasing Division. ddenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendumsa marking acknowledgement on other bid pages). ne items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the City Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at Citv Hall and livestreamed at https:/Iwww.youtube.com/user/cityoffavettevillear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. dditional Information Required: AR Secretary of State Filing #: 0 7S OR submit electronically. Arkansas Contractor License M C 1`6( a% a OR submit electronically. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Submit electronically or circle applicable answer: 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. o Submit electronically or circle applicable answer: YES or NO Telecommunications Device for the Deaf T17D (479)521-1316 113 West Mountain - Fayetteville, AR 727p1 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 DOCUMENT 00140 — BIDDERS QUALIFICATION STATEMENT Contract Name: COLLEGE AND SUNBRIDGE DRAINAGE Bid #: 24-32. Construction Date: 3 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Address VgkO JWA"&t)o . Principal Office Corporation, partnership, individual, joint venture, other L.,1-0- Arkansas State General Contractor's License Number N%&Lp(0aao5a,5 Type or legibly print) EXPERIENCE STATEMENT Division 00 Bidders Qualification Statement Bidder has been engaged as a General Contractor in construction for — years and has performed work of the nature and magnitude of this Contract for Jt- years. Bidder has been in business under its present name for __n 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. Hawkins -Weir Engineers, Inc 00140 - 1 Apri12024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 Division 00 Bidders Qualification Statement DOCUMENT 00140 — BIDDERS QUALIFICATION STATEMENT (continued) Bidder normally performs the following work with his own forces: 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): h-L L 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: hLL Bidder's Workmen's Compensation Experience Modifier Factor is: 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. Hawkins -Weir Engineers, Inc 00140 - 2 April 2024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 Division 00 Bidders Qualification Statement DOCUMENT 00140 — BIDDERS 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. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. RI Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: 92024 OFFICIAL SEAL) Name of Organization: 1... A Type or legibly print) Signature) Type or legibly print) If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT Hawkins -Weir Engineers, Inc 00140 - 3 April 2024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 DOCUMENT 00400 — BID FORM Contract Name: COLLEGE AND SUNBRIDGE DRAINAGE Bid Number: 24-32 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: 7-NI S-,k ARTICLE I - INTENT Division 00 Bid Form 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 tenns and conditions of the Contract Documents. ARTICLE 2 - TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 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 a/14 Hawkins -Weir Engineers, Inc 00400 - 1 April 2024 City of Fayetteville, Arkansas Division 00 College and Sunbridge Drainage Bid Form HWEI Project No. 2019070 DOCUMENT 00400 — BID FOItM (continued) 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 1ocatc- the State of Arkansas or a Bid Bond in the amount of.. t,w,. S; , Dollars QA1 I,,, "( "h%KCo S 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: Ll Email: ' 1 ` IS\ C OC1}'0-0--6 3 cory-\ Phone No. L\ 1 ail — writ Fax No. aso, ©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. If Bidder is: An Individual Name ( type or printed): By: Doing business as: Business address: Phone No. Email address: A Partnership Hawkins - Weir Engineers, Inc Individual' s Signature) 00400 - 4 Fax No. SEAL) April 2024 City of Fayetteville, Arkansas College and Sunbridge Drainage HWEI Project No. 2019070 DOCUMENT UU400 - BID FORM (continued) Partnership Name: __ Signature of general partner - attach evidence of authority to sign) Name (type or printed): Business address: Phone No. Email address: A Corporation or LLC Fax No. Division 00 Bid Form SEAL) Corporation Name: 714 1 SAaN m1= KS (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): _ - By: ,q• A/ F -;F Signature of general partner - attach evidence of authority to sign) Name (type or printed): 1 %.A CORPORATE SEAL) Attest: - - Signature of Corporate Secretary) Phone No. YA rAm-1O g _ Fax No. "rlr,\a7JolJ0 Email address: Tax ID Number (TIN): _ kb . %\g93$1 UEI # Cage Code: END OF DOCUMENT Hawkins - Weir Engineers, Inc 00400 - 5 April 2024 City of Fayetteville, Arkansas Division 00 College and Sunbridge Drainage List of Subcontractors HWEI Project No. 2019070 DOCUMEN'1' 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: College and Sunbridge Drainage, Bid 24-32, Construction. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Clearing/Demolition SWPPP/Erosion Control Asphalt Concrete Subcontractor's Name and Address N 1 10"12, Landscaping 9, TQ N Material Testing ' Other (designate) 4\_ NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signature END OF DOCUMENT Expected Percentage or Value 00430 List of Subcontractors 00430 - 1 April 2024 TRL STAR Current Jobs 1. Crystal Lane - $500,000 2. New Life Church - $1,084,073.30 3. Westwind - $5,686,888.05 4. Been Road Featherstone - $2,400,000.00 5. Lake Francis Road Rebuild - City of Siloam Springs, AR $2,169,550.55 6. Bariloche $5,459,133.95 7. Klenc rd Sewer Extension - City of Tontitown $1,181,663.56 8. South Pianalto Sewer Extension - City of Tontitown $999,100.19 9. Brentwood Drainage Improvements- City of Siloam Springs $951,985.00 10. Sager Creek Rebuild - City of Siloam Springs $1,183,656.00 11. Springdales Best Storage $1,333,750.00 TRSTAR S Previous Jobs Complete A. Zion Road & Roundabouts - City of Fayetteville The Contract includes, but is not limited to, the full reconstruction of approximately 3,340 LF three -lane roadway of Zion Road between North Vantage Road and Taliesin Lane, as well as approximately 200 LF of Old Missouri Road including the associated earthwork, curb and gutter, sidewalk, drainage, mini -roundabout, driveways, fencing, retaining walls, landscaping, lighting and miscellaneous related items. Approximately 5,300 L.F. of 10' wide concrete trail will be constructed on north side of Zion Road. In addition, approximately 2,000 LF of Zion Road between Taliesin Lane and North Crossover Road will have partial reconstruction, that will include, lane widening and a combination of asphalt overlay and mill/overlay and miscellaneous related items. 6,405' of water and 5040' of sewer mains shall be relocated in association with the project and a 225' 30" inch bore, from Vantage Drive to Crossover Road. $ 7,441,161 B. Pinnacle Hills City of Rogers, AR Site work and paving for 1 mile road expansion with roundabouts in high traffic area Streets, Curbs & Sidewalk, Sewer, Water & Storm Drain 6,995, 640.00 Expected Completion Date: March 2022 C. Siloam Springs Best Storage Site work, utilities,pads, drainage for new 15 acres storage unit development $ 200,366.90 Expected Completion Date: February 2021 D. Ford Avenue City of Springdale, AR 3,400 LF of three lane street extension connecting multiple roads along a new terrain route, drainage improvements to Spring Creek, street, storm drain, utility, 1300 LF water main relocation, 200 LF sewer line relocation 4,817, 016 Expected Completion Date: November 2022 E. Scull Creek City of Fayetteville Upper drainage, install new drainage systems with all necessary improvements, sidewalks, trees, etc. $140,583.35 Expected Completion Date: July 2020 F. VBT Taxiway B Installed 3 new connector taxiways, extreme FAA tolerances all drainage structures, detention pond, seed sod $1,616,975 Expected Completion Date: June 2021 G. Autumn Hills Project Description: Large Scale Development 30 acres with 50 lots and a 30 ft Lift Station, Streets, Curbs & Sidewalk, Sewer, Water & Storm Drain $1,338,756.00 Expected Completion Date: June 2020 H. Ridgestone Subdivision: 55 two-family residential lots on 19.95 acres, which includes the stormwater detention ponds $1,302,865.58 Expected Completion Date: June 2020 I. Popeyes Siloam Springs, AR Clear & Grubbing 10 acres, Dirtwork, Utilities, Concrete trickle channel, concrete curb & gutter, sidewalks, paving & asphalt $555,391.02 Expected Completion Date: December 2019 J. Freddy's Clearing & Grubbing, Dirt work, Utilities, Storm Drain, Slab Concrete, Plumbing, Curb & Gutter, Sidewalks, Paving & Asphalt $318,214.91 Expected Completion Date: March 2020 K. Boxwood Drainage City of Fayetteville $598,084.00 Expected Completion Date: TBD L. XNA Parking Expansion gutter, asphalt & striping. April 2020 Expansion of the VIP Parking lot, electrical, base, new curb, Amount of Contract $99,088.75 Expected Completion Date: M. Siloam Springs School District Track Construction remove, dispose, replace and extend of the existing polyurethane track area. Undercutting area 1.5 ft. replacing with select fill and re-laying the asphalt. $800,000.00 Expected Completion Date: December 2019 N. VBT Flight Center Parking Expansion: Removed current parking lot, enlarged current parking lot, corrected drainage, new curb, gutter and fencing. All new base, asphalt striping and landscaping. Amount of Contract $271,722.07 Completion Date: November 2019 O. Wedington - Haven Apartments Project Description: 6 Acre Site Development, Dirt Work, Retaining Walls, Utilities, Concrete, Curb & Gutter, Sidewalks & Asphalt Paving Fayetteville, AR Amount $: 4,836,699.48 Expected Completion Date: July 2019 P. SLG Taxilane Construction Project Description: 400 tons of asphalt paving, 1,900 square yards of aggregate base installation and associated site restoration. Amount of Contract $188,464.00 Expected Completion Date: June 2019 Q. The Groves Subdivision Project Description: Large Scale Development 1,200 ft. of Streets, Curbs & Sidewalk, Sewer, Water & Storm Drain $497,642.00 Expected Completion Date: June2019 R. Bentonville West Taxiway Bentonville Municipal Airport Project Description: West Taxiway Construction- Construction of approximately 3,800 linear feet of 35 foot wide new parallel taxiway, including lighting and signage Amount $: 2,275,565.84 Expected Completion Date: December 2018 Adam White 479-287-4635 S. I Street Apartments Project Description: 11 Acre development, heavy excavation and utilities Bentonville AR Amount $:1,696,299.58 Expected Completion Date: January 2019 Jack Hefner 479-212-7288 T. VBT Terminal Apron Phase 2 Project Description: 3,000 Square yards of Taxilane and apron pavement including lighting and signage. Amount of Contract $ 63,775.00 Expected Completion Date: December 2018 Adam White 479-287-4635 U. VBT Bentonville Hangar Infrastructure Project Description: Storm drain, electrical, sewer and water utility extensions for the Bentonville Municipal Airport Amount of Contract 63,775.00 Expected Completion Date: October 2018 Adam White 479-287-4635 V. MLK Parking Lot University of Arkansas Project Description: Parking lot expansion, Contaminated Soil Disposal & Removal, Undercut and backfill lime stabilization of subgrade, grading, paving, storm drain sidewalk, decorative Ballard's and lighting Amount of Contract $856,120.00 Expected Completion Date: October 2018 John Ross 479-879-6143 W. 8th Street Water & Sewer Relocations (S.W. I Street to S.E. D Street) a Project for the City of Bentonville and AHTD. We are in direct correlation with Walmart Home Offices as many of their parking lots and 8th street are closed which is directly in front of their home offices to relocate the sewer and water lines. We are installing and digging around Walmart fiber optics, ATT, Cox and gas main lines. Over 6,500 LF of PVC waterline & Ductile Iron waterline. Over 5,000 LF of PVC gravity sewer line. 1,100 LF of 2" bore with HDPE (SDR-11) pipe encasement for water service connections. Over 8,000 LF of direct bury steel pipe encasement and all required fittings, valves, fire hydrant assemblies, meter settings, service lines, manholes, connections to existing lines and manholes, curb and gutter and pavement repair. Amount of Contract: $2,639,232.75 Expected Completion Date: August 2018 William Pattengill 479-936-1833 X. Altitude Trampoline Park 3509 Van Asche Dr. Fayetteville, AR 72703 Y. Amount $: 623,116.71 Project Description: 6.5 acre Site Development, Dirt Work Retaining Walls, Utilities, Curb & Gutter, Sidewalks and Asphalt Paving Completion Date: March 2018 Brent Rutherford (479) 287-2644 C O N T R A C T O R S Schedule C Major Equipment List 1. 1982 Caterpillar D81- dozer 2. 1983 Caterpillar D81- dozer 3. 1978 350 Case 4. 1980 1150 Case 5. 2000 John Deer 850c 6. 2002 Komatsu D65PX-12 7. 2012 Komatsu D65WX-17 8. 2012 Caterpillar D6T XLVP Crawler 9. 2012 Case 1850K 10. 2013 John Deere 850k 11.2015 D65ex-17 12. 2021 John Deere 700K 13. Track Loader 14. 1995 325L Cat Excavator 15. 1998 Daewoo Solar SL330-III Excavator 16. 2003 Case Cx47 Mini Ex 17. 2004 CAT 345BL series II Hyd. Excavator 18.2004 Takeuchi TB 175 19.2010 Komatsu Pc 350 LC-8 20.2016 PC 228 USLC-10 21. 2011 PC490LC-10 Komatsu Hyd Excavator 22. 2012 Cat 308ECR Mini Ex 23. 2012 Case CX350C 24. 2015 TOP90 Okada Hydraulic Hammer 25. Takeuchi TB 175 26. ECR88-CAB VOLVO 27. Pc 78US-6 Komatsu Hyd. Excavator 28. Pc 200 Komatsu Excavator 29. SK250LC Kobelco Excavator 30.2011 CAT 349EL Hydraulic Excavator 31. 2011 Komatsu Pc3501-c-8 32.2011 Komatsu Pc3501-c-8 33. John Deere G50 Mini 34.2014 Komatsu Pc 360Lc-10 Tracked Excavator 35. 2020 Volvo EC350EL 36. Case W3 Wheeler Loader 37.1998 90XT 38. 2005 Case 450 Skid Steer 39. 2012 TL250 Takeuchi 40.2014 SVL90-2HFC Kubota 41. Case 85XT 42.2022 299 Cat Skid Steer 43.1986 555B New Holland Back hoe 44. 2004 Case 580sm 45. 2006 420E 4X4 Cat Backhoe 46. Case 580L 47. 1990 870 AWD Dresser grader 48.2009 140M Cat Road Grader 49. 1998 621 E Cat Scraper 50.621 CAT Scraper 51. 1990 Terex K2566 52. 1993 LA9000 Ford 53.1995 D250E Cat 54. 1995 250E Cat 55. 2005 John Deere 350D 56. L9000 Ford Leaf Spring 57.2004 Caterpillar 740 6x6 58.1986 Cat D25C 4X4 Water Wagon 59. 1996 Moxy MT30 Articulated Dump Truck 60. 2012 740B Cat Articulated Dump Truck 61. 1994 534C-9 Gradall material handler 62.1996 222/45 Genie Boomlift 63.1999 JLG 800A Boomlift 64.2005 Gehl RS6-42 Forklift 65. 2006 Skytrak 6036 Reach Forklift 66. JLG 450AJ Boomlift 67. TB60 Snorkel Boomlift 68. 1988 Elgin Pelican Premier St Sweeper 69.1999 GT3600 Gomaco Curb Machine 70. 2004 GT3600 Gomaco Curb Machine 71. 2004 8816 Lee Boy Paver 72.2011 McMloskey 154 crusher 73. 2014 FX30 T/A Ditch Witch Vacuum 74. D6528 Blastcrete Mixer/Pump 75. Broce RC300 Broom 76. Vac Wagon 77. 1987 Asphalt Distributor Truck 78.2017 AP1055F Asphalt Paver 79. Roadtec RP195 Asphalt Paver 80. Dynapac CA251 D Roller 81. Dynapac CA251 D 82. Dynapac CA152PD 83. CA152D DYNA-PAO 84. SD100 Indersoll Smooth Drum Roller 85. Diana Packer 86. Volvo SD-100F padfoot drum compactor 87. Rammax 1575 trech roller 88. Rammax AR26 Double Drum Roller 89. 930 Case Tractor 90. Case 400 91. 5455 Massey Ferguson Tractor 92. 6430 John Deere Tractor 93. 740 Massey Baler 94.468 JD round baler 95. 1570 Case Tractor 96. Bearcat 2 Steiger ST225 4WD HD3000 97. Case 1070 98. 7020 John Deere 99. Krone Tractor 100. New Idea Manure Spreader 101. John Deere Manure Spreader 102. Kun FC283T6 103. Case IH Cutter 104. JD Batwing Mower 105. Bush Hog Batwing Mower 106. 4890 Case (Track) 107. John Deere Mower 108. Husquavarna Zero Turn Mower 109. EXM28-60 60in Mower 110. Spartan zero turn sh61 dslca 03-25-11;02:24PM; 4794422774 # 2/ 4 STAIME OF AIIKAINSAS SECRETARY OF STATE Charlie Daniels SECU TARP 4F STATE To All to Whom These Presents Shall Come, Greetings: I, Charlie Daniels, Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrumcut of writing is a t me and perfect copy of Articles of Organization Of TRI STAR CONTRACTORS, LLC filed in this office October 5, 2006 In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 5th day of October 2006. Secretary of State I 03-25-11;02:24PM; ;4794422774 # 4/ 4 c IICHOI.A s GOEDE WS, U c OPERATING AGREEMENT OF TRI STAR CONTRACTORS, LLC Mis Operating Agreement ("Agreement") of TRI STAR CONTRACTORS, LLC (the "Company") effective as of this 5th day of October, 2006, by, between and among the undersigned confirms our understanding as to the matters contained herein. The parties hereto agree as follows: ARTICLE I Delinitlons SECTION 1.1. As used herein, the following terms and phrases shall have the meanings indicated: A. "Act" shall mean the Limited Liability Company Act of the State of organization, as amended. B. "Capital Account" shall mean, with respect to each Member, the account established for each Member pursuant to Section 6.5, which will initially equal the Capital Contributions of such Member and will be (a) increased by the amount of Net Profits allocated to such Member and (b) reduced by the amount of Net Losses allocated to such Mcmber and the amount of Cash Flow distributed to such Member. Members' Capital Accounts shall be determined and maintained in accordance with the rules of paragraph (b)(2)(iv) of Regulation Section 1.704-1 of the Code. C. "Capital Contributions" shall mean the fair market value of the amounts contributed by the Members pursuant to Section 6.1. D. "Cash Flow" shall have the meaning provided in Section 7.1. E. "Code" shall mean the Internal Revenue Code of 1956, as amended, or corresponding provisions of subsequent revenue laws. F. "Operating Managers" shall mean the Member or Members selected by theMembersinaccordancewiththisAgreementtoserveasOperatingManagerorOperatingManagersoftheCompany. G. "Members" shall mean the persons designated as such in Schedule A of this Agreement, airy successors) to their interests as such in the Company; and any otherpersonwhopursuanttothisAgreementshallbecomeaMember, and any reference to aMember" shal I be to any one of the then Members. C I H. 'Net Profits" and 'Net Losses" shall mean the net profit or net loss, respectively, of the Company determined in accordance with Section 8.1. 1. The words "Membership Interest" shall mean a Member's interest in the Company which shall be in the proportion that the Member's share of the profits and losses of the Company bears to the aggregate shares of all the Members. A Membership Interest may be evidenced by a certificate issued by the Company. A Membership Interest may be expressed on a certificate as "Units" where a Member's Units bears the same relationship to the aggregate Units of all Members that the Members Membership Interest bears to the aggregate Membership Interests of all Members, A Member's interest may be a certificated security or an uncertifacated security within the meaning of section 8-102 of the Uniform Commercial Code if the requirements of section 8-103(c) are met, and if the requirements are not met such interest shall, for purposes of the Uniform Commercial Code, be deemed to be a general intangible asset. J. "Company" shall mean this Limited Liability Company. K. "Person" shall mean any natural person, corporation, partnership, joint venture, association, limited liability company or other business or legal entity. ARTICLE 11 Organizafon of the Company SECTION 2.1. The purpose of the Company is to conduct any lawful business for which limited liability companies may be organized and to do all things necessary or useful in connection with the foregoing. SECTION 2.2. The Company name shall be "TRI STAR CONTRACTORS, LLC." SECTION 2.3. The Members shall be Members in the Company and shall continue to do business under the name of the Company until the Operating Managers shall change the name or the Company shall terminate. SECTION 2.4. The principal address of the Company shall be such place or i places as the Operating Manngers inay determine. The Operating Managers will give notice to the Mctnbers promptly after any change in the location of the principal office of the Company. SECTION 2.5. The Company shall terminate on the date provided in the Certificate of Formation/Articles of Organization, except that the Company may terminate prior to such date as provided in this Agreement. 7 E ARTICLE III Status of Members SECTION 3.1. No Member will be bound by, or be personally liable for the expenses, liabilities or obligations of the Company. SECTION 3.2. No Member will be entitled to withdraw any part of his Capital Account or to receive any distributions from the Company except as expressly provided in thisAgreement. SUCTION 3.3. No Member will have the right to require partition of the Company pmperty or to compel any sale or appraisal of the Company's assets or any sale of a deceased Member's interest in the Company's assets, notwithstanding any provision of law to thecontrary. ARTICLE IV Meeting of IVlernbers SECTION 4.1. An annual meeting of Members shall be held within five (S) months afterthecloseofthefiscalyearoftheCompanyonsuchdateandatthetimeandplace (either within or without die state of its organization) as shall be fixed by the Members. At the annual meeting, the Members shall elect the Operating Managers and transact such other business as mayproperlybebroughtbeforethemeeting. SECTION 4.2_ A special meeting of Members may be called at any time by theOperatingManagersandshallbecalledbytheOperatingManagersattherequestinwritingofthatMembershipinterestspecifiedillScheduleCoftheMembersentitledtovoteatsuchmeeting. Any such request shall state the purpose or purposes of the proposed meeting. Business transacted at any special meeting of Members shall be confined to the purposes setforthinthenoticethereof. SECTION 4.3. Written notice of the time, place and purpose of every meeting ofMembers (and, if other than an annual meeting, the person or persons at whose direction themeetingisbeingcalled), shall be given by the Operating Managers to each Mcrnber of recordentitledtovoteatsuchmeeting, not less than ten nor more than sixty days prior to the date setforarcmeeting, Notice shall be given either personally or by mailing said notice by first classmailtoeachMemberathisaddressappearingontheaccordbookoftheCompanyoratsuchOtheraddresssuppliedbyhimillwritingtotheOperatingManagersoftheCompanyforthepurposeofreceivingnotice. A written waiver of notice setting forth are purposes of the meeting for which notice iswaived, sinned by the person or persons entitled to such notice, whether before or after the timeOfthemeetingstatedtherein, shall be deemed equivalent to the giving of such notice. TheattendancebyaMemberatameetingeitherinpersonorbyproxywithoutprotestingthelackofnoticethereofshallconstituteawaiverofnoticeofsuchMember. 8 All notices given with respect to an original meeLind shall extend to any and all adjournments thereof and such business as might have been transacted at the original. meeting may be transacted at any adjournment thereof; no notice of nny adjourned meeting need be given if an announcement of the time and place of the adjourned meeting is made at the original meeting. SECTION 4A. The holders of a majority in interest of the Members present in person or represented by proxy, shall be requisite and shall constitute a quorum at All meetings of members except as otherwise provided by statute or the Certificate of Formation/Articles of Organization. If. however, a quorum shall not he present or represented at any meeting of Members, the Members entitled to vote thereat, present in person or represented by proxy, shall have, power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be present or represented, any business may be transacted which might have been transacted at the meeting as originally notified. When a quorum is once present to organize a meeting, such quorum is not deemed broken by the subsequent withdrawal of any Members. SECTION 4.5_ Every Member entitled to vote at any meeting shall be entitled to vote in accordance vAth his membership interest in the Company held by him of record on the date fixed as the record date for said meeting and may so vote in person or by proxy. Any Company action shall be authorized by a majority in interest of the votes cast by the Members entitled to vote thereon except as may otherwise be provided by statute, the Certificate of Forination/Articles of Organization or this nperarino Aurcernent. SECTION 4.6. Every proxy must be signed by the Member entitled to vote or by his duly authorized attorney -in -fact and shall be valid only if filed with the nlicrating Managers of the Company prior to the commencement of voting on the matter in regard to which said proxy is to be voted. No proxy shall be valid after the expiration of eleven months from the date of its execution unless otherwise expressly provided in the proxy. Every proxy shall be revocable at the pleasure of the person executing it except, as otherwise provided by statute. Unless the proxy by its terms provides for a specific revocation dare and except as otherwise provided by statute, revocation of a proxy shall not be effective unless and until such revocation is axecuted in writing by the Member who executed such proxy and the revocation is filed with the Operating Managers of the Company prior to the voting of the proxy. SECTION 4.'/. All meetings of Members shall be presided over by the Operating Managers, or if not present, by a Member thereby chosen by the Members at the meeting. The Operating Managers or the person presiding at the meeting shall appoint any person present to act as secretary of the meeting. SECTION 4.8. For the purpose of determining the Members entitled to notice of, or to vote at any meeting of Members or any adjournment thereof or to express consent or dissent from any proposal without a meeting, or for the purpose of determining the Members entitled to receive payment of any distribution of Cash Flow or the allotment of any rights, or for the purpose of any other action, the Members may fix, in advance, a date as the rccurd date for any W such determination of Members. Such date shall not be more than fifty nor less than ten days before the date of any meeting nor more than fifty days prior to any action taken without a meeting, the payment of any distribution of Casks Plow or the allotment of any rights, or any other action. When a determination of Members of record entitled to notice of, or to vote at any meeting of Members has been made as provided in this Section, such determination shall apply to any adjournment thereof, unless the Members fix a new record date under this Section for the adjourned date. SECTION 4.9. The Company shall be entitled to treat the holder of record of any Membership interest as the holder in fact thereof and, accordingly, shall not be bound to recognize any equitable or other claim to or interest in such Membership Interest on the part of any other person whether or not it shall have express or other notice thereof, except as otherwise provided by the Act. ARTICLE V Mruta cmcnt SECTION 5.1. Management of the Company shall be vested in all of the Members who shall also serve as Operating Managers of the Company. The Operating Managers shall vote in proportion to their Membership interests in the Company. Except as otherwise provided in this Agreement, all decisions of the Operating Managers shall be by a majority in interest of the Members. All Operating Managers must be. Members of the Company. No Member will take part in or interfere in any manner with the conduct or control of the business of the Company or have any right or authority to act for or bind the Company except as provided in this Agreement. SECTION 5.2. The Operating Managers shall hold office for the term for which elected and until a successor has been elected and qualified. A vacancy in the office of Operating Manager arising from any cause rnay be filled For the unexpired portion of the term by the lblcmbers. SECTION 5.3. Any Operating Manager may resign at any time by giving written notice to the Members. Any such resignation shall take effect at the time specified therein or, if the time is not specified therein, upon the receipt thereof, irrespective of whether any such resignations shall have been accepted_ SECTION 5.4, The Company shall be managed by the Operating Managers and the conduct of the Company's business shall be controlled and conducted solely and exclusively by the Operating Managers in accordance with this Agreement. In addition to and not in limitation of any rights and powers conferred by law or other provisions of this Agreement, the Operating Managers shall have and may exercise on behalf of the Company all powers and rights necessary, proper, convenient or advisable to effectuate and carry out the purposes, business and objectives of the Company, and to maximize Company profits. SECTION 5.5. Notwithstanding the foregoing, the Operating Managers may not make any of the management decisions stated in Schedule B without obtaining the consent of that Membership Interest stated in Schedule B. 10 SECTION 5.6. The Operating Manager shall serve as Tax Matters Member as such term is defined in Code Section 6231 (a)(7). SECTION 5.7. Any person made or threatened to be made a party to an action or proceeding, whether civil or criminal, by reason of the fact that he, his testator or intestate, then, is, or was a manager, Member, employee or agent of the Company, or then serves or has served on behalf of the Company in any capacity at the request of the Company, shall be indemnified by the Company against reasonable expenses, judgments, fines and amounts actually and necessarily irtcwicd in connection ;with the defense of such action or proceeding or in connection with an appeal therein, to the fullest extent permissible by the Act. Such right of indemnification shall not be deemed exclusive of any other rights to which such person may be entitled. ARTICLE VI Capital SECTION 6. L The Members have contributed to the Company in exchange for their membership interests, the cash and other property as set forth on Schedule A, annexed hereto. SECTION 6.2, The fair market value and the adjusted basis of the contributing Member of any property other than cash contributed to the Company by a Member shall be set forth on Schedule A, annexed hereto. SECTION 6.3. Except as expressly provided in this Agreement, no Member shall be required to make any additional contributions to the capital of the Company. SECTION 6.4. No interest shall be paid on the Capital Account of any Member. SECTION 6.5. A Capital Account shall be established for each Member on the books and records of the Company. Tf any assets of the Company are distributed to the Members in kind, the Capital Accounts of the Members shall be adjusted to reflect the difference between the fair market value of such assets on the date of distribution and the basis of the Company in such assets. ARTICLE VH Distributions of Cash SECTION 7.1. The Company shall distribute to the Members from time to time all cash regardless of the source thereof) of the Company which is not required for the operation or the reasonable working capital requirements of the Company (such cash is sometimes referred to herein as "Cash Flow"). For purposes of this Agreement all Cash Flow allocated to the Members shall be allocated among them in proportion to their respective Membership Interests. 11 SECTION 7.2. Distributions of Cash blow shall be made from time to time in such manner as determined by the Operating Managers. ARTICLE VIH Profits and Losses SECTION 8.1. The Net Profits and Net Losses of the Company shall be the net profits and net losses of the Company as determined for Federal income tax purposes. SECTION 8.2. The Net Profits and Net Losses of the Company and each item of income, gain, loss, deduction or credit entering into the computation thereof, shall be allocated to The Members in the same proportions that they share in distributions of Cash flow pursuant to Section 7.1, or if there is no Cash Flow, that they would have shared if there had been Cash Flow. SECTION 8.3. References herein to "Reg. Sec.", are to the regulations promulgated by the United States Treasury to the Code. The terms "minimum gain", "minimum gain chargeback", "qualified income offset", "nonrecourse deduction" and "nonrecourse liability" are to be interpreted consistent with the definitions and use of such terms in Reg, Sec. 1.704-2 and Reg. Sec. 1.704-1. The following special allocations shall be made in the following order: A. Except as otherwise set forth in Reg. Sec. 1.704-2(f), if there is a net decrease in minimum gain, during the fiscal year of the Company, each Member, shall be specially allocated items of gross income and gain for such fiscal year (and, if necessary, subsequent fiscal years) in an amount equal to that Member's share of the net decrease of minimum gain determined in accordance with Reg. Sec. 1.704-2(g). Allocations in accordance with this Section shall be made first frorn the disposition of Company assets subject to nonrecourse liabilities, to the extent of the minimum gain attributable to those assets, and thereafter, from a pro-rata portion of the Company's other items of income and gain for the taxable year. This Section is intended to comply with the minimum gain chargeback requirement of Reg. Sec. 1.704-2(f). B. Except as otherwise set forth in Reg. Sec. 1.704-2(i)(4), if there is a net decrease in a Member's nonrecoursa liability minimum gain attributable to Members' nonrecourse liabilities during any fiscal year, each Member who has a share of the Member nonrecourse liability minimum gain atributable to Member nonrecourse liability shall be specially allocated items of gross income raid gain for such fiscal year (and, if necessary, subsequent fiscal years)in an amount equal to that Member's share of the net decrease in Members' nonrecourse debt minimum gain attributable to such Member nonrecourse debt. Allocations pursuant to this Section shall be made first from gain reco;nized from the disposition of Company assets subject to Member nonrecourse liabilities to the extent of Member mirumum gain attributable to those assets, and thereafter, from a pro-rata portion of the Company's other items of income and gain for the fiscal year. This section is intended to comply with the minimum gain chargeback requirements of Reg. See, 1.704-2(i). 12 C. A Member who unexpectedly receives an adjustment, allocation or distribution described in (4), (5) or (6) of Reg. Sec. 1.704-1(b)(2)(ii)(d) will be a]located items of income and gain in an amount and manner sufficient to eliminate such deficit balance as quickly as possible. An allocation shall be made pursuant to this Section and if and to the extent a Member would have a deficit in his adjusted Capital Account after all other allocations provided for in this Section 8.3 were made as if this paragraph were not in the Agreement. D. Nor=ourse deductions shall be allocated among the Members in the same proportion in which they share the Cash Flow of the Company. E. Any nonrecourse deduction shall be. allocated to any Member who bears the economic risk of loss with respect to the Member nonrecourse liability to which such deduction is attributable, SECTION 8.4. Any Company gain or loss realized with respect to property, other than money, contributed to the Company by a Member shall be shared among the Members pursuant to Code section 704(c) and regulations to be promulgated thereunder so as to take account of the difference between the Company basis and the fair market value of the property at the time of the contribution ("built-in gain or loss"). Such built-in gain or loss shall be allocated to the contributing Member upon the disposition of the property. ARTICLE IX Admission and Withdrawal of a Member SECTION 9.1. A Member may transfer his interest in the Company to another person or entity only with the prior unanimous consent of the other Members either in writing or at a meeting called for such purpose. if all of the other Members do not approve of the transfer, the transferee shall have no right to participate in the management of the business and affairs of the Company or to become a Member. The transferee shall be entitled to receive the share of profits, losses and Cash Flow or other compensation by way of income and the return of contributions to which the transferor otherwise would be entitled. SECTION 9.2. The Members agree to sign such additional documents as may be required in order to admit additional Members to the Company, pursuant to section 9.1 as well as, among other things, to provide for the division of profits, losses and Cash Flow among the Members. SECTION 9.3. All costs and expenses incurred by the Company in connection with the assignment of a Member's interest, including any tiling fees and publishing costs and the fees and disbursements of counsel, shall be paid by the assigning Member. SECTION 9.4. Each person who becomes a Member in the Company, by becoming a Member, shall and does hereby ratify and agree to be bound by the terms and conditions of this Agreement. 13 I ARTICLE X germination or Dissolution of Company SECTION 10.1_ The Company shall be terminated prior to the date of expiration of the term as provided in Section 2.5 if (a) a majority in interest of the Members consent that the Company should be terminated and dissolved, or (b) the Company is dissolved pursuant to this Agreement. SECTION 10.2_ The Company shall be terminated in the event any Member (i) withdraws, resigns or is expelled from the Company; (ii) makes an assignment for the benefit of creditors, is the subject of an order for relief under Title 11 of the United States Code, files a petition or answer seeking for himself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law or regulation, files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against him in any proceeding of this nature, seeks, consents to, or acquiesces in the appointment of a trustee, receiver or liquidator for of all or any substantial part of his properties; iii) dies; or (iv) a judgment is entered by a court of competent jurisdiction adjudicating him incompetent to manage his person or his property. SECTION 10.3. If the Company is dissolved, the owners of a majority in interest of the remaining Members may elect to reconstitute and continue the Company as a successor Company upon the same conditions as are set forth in this Agreement. Any such election to continue the Company will not result in the creation of a new Company among the remaining Members, nor will such election require the amendment of this Agreement or the execution of an amended Agreement. SECTION 10.4. Upon the termination and dissolution of the Company, the then Operating Manager, or Operating Managers, if any, or, if there is no Operating Manager, any person elected to perform such liquidation by the written consent of the owners of a majority in interest of the .Members, shall proceed to the liquidation of the Company. The proceeds of such liquidation shall be applied and distributed as follows: A. If any assets of the Company are to be distributed in kind, such assets shall be distributed on the basis of the fair market value thereof, and any Member entitled to any interest in such assets shall receive such interest therein as a tenant-in-eammon with all other Members so entitled. The fair market value of such assets shall be determined by an independent appraiser to be selected by the Company's independent public accountants. The amount by which the fair market value of any Property to be distributed in kind to the Members exceeds or is less than the basis of such Property, shall, to the extent not otherwise recognized by the Company, be taken into account in computing Net Profits or Net Losses (and shall be allocated among the Members in accordance with Section 8.2) for purposes of crediting or charging the Capital Accounts of, and liquidating distributions to, the Members under Section 10A.B. B. All distributions upon liquidation of the Company shall be disttbuted as follows: to each of the Members, in proportion to the amounts of their respective positive Capital4 Accounts, as such accounts have been adjusted (i) in accordance with Section 6.5 to reflect the 14 Net Protit or Net Loss realized or incurred upon the sale o!' the Company's property or assets and any deemed sale pursuant to Section 10.4.A; (ii) in accordance with Section 8.2 to reflect all .Net Profits or Net Losses with respect to the year of liquidation. No Member shall be liable to repay the negative amount of his Capital Account. SECTION 10.5. Each of the Members shall be furnished with a statement, reviewed by the Company's independent public accountants, which shall set forth the assets and liabilities of the Company as of the date of the Company's liquidation. Upon completion of the liquidation, the Operating Managers shall execute :md cause to be filed 2 Certificate of Dissolution of the Company and any and all other documents necessary with respect to termination of the j Company. ARTICLE XI Books and Reports SECTION 11.1. The Operating Managers shall cause the Company to maintain the following records: A. Complete and accurate books of account, in which shall he entered, fully and accurately, each and every transaction of the Company, shall be kept by the Operating Managers at the principal office of the Company. The fiscal year of the Company shall be the calendar year. The books of account of the Company shall be kept in accordance with sound accounting practices and principles applied in a consistent manner by the Company; provided, however, that all methods of accounting and trotting particular transactions shall be in accordance with the methods of accounting employed for Federal income tax purposes. All determinations by the Operating Managers with respect to the treatment of any item or its allocation for Federal, state or local tax purposes shall be binding upon all the Mcrabers unless the determination is inconsistent with any express provision of this Agreement. B. A current list of the full name and last known mailing address of each Member set forth in alphabetical order together with the contribution and share in profits and losses of each Member; a copy of the Certificate of Formation or Articles of Organization of the Company and any amendments thereto; a copy of the Company Operating Agreement and any amendments thereto; a copy of the Company's federal, state and local income tax returns for the three most recent fiscal years. C. Any Member shall have the right from Lillie to time at his expense to have his accountants and representatives examine and/or audit the books and records of the Company and the information referred to in this Section, and the Operating Managers will make such books and records and information available for such examinations and/or audits. SECTION 11.2. No value shall be placed for any purpose upon the Company name or the right to its use, or upon the goodwill of the Company or its husiness. Upon termination or dissolution of the Company (without reconstitution thereof) as provided in this Agreement, neither the Company name or the right to its use, nor the goodwill of the Company, shall beconsideredasanassetoftheCompany. 1s ISECTION 11.3. The Operating Managers will cause to be sent to the Members within a I reasonable period after the close of each year the following: (a) annual statements of the Company's gross receipts and operating expenses, and the capital accounts of each Member, prepared by the Company's independent public accountants, to be transmitted to each Member; and (b) a report to be transmitted to each Member indicating the Member's share of the Company's profit or loss for that year and the Member's allocable share of all items of income, gain, loss, deduction, and credit, for Federal income tax purposes. ARTICLE XII Tax Elections SECTION 12.1. In the event of a transfer of a Member's interest, or upon the death of a Member, or in the event of the distribution of Company property to any party hereto, the Company may (but need not necessarily) file an election, in accordance with Section 754 of the Code to cause the basis of the Company Property to be adjusted for Federal income tax purposes, as provided by Sections 734 and 743 of the Code. ARTICLE XM Miscellaneous SECTION 13.1. Any notice or other communication under this Agreement shall be in writing and shall be considered Given when mailed by registered or certified mail, return receipt requested, to the parties at the following addresses (or at such other address as a party shall have previously specified by notice to the others as the address to which notice shall be given to him): A. If to the Company, to it in care of the Operating Managers at the address of theCompany. E. if to the Operating Managers, to them at the address of the Company. C. If to any Member, to him at his address set forth on the books and records of theCompany. SECTION 13.2. This Agreement contains a coutplete statement of all of the arrangements among the parties with respect to the Company and cannot be chw1ged orterminatedorallyurinanymannerotherthanbyawrittenagreementexecutedbyalloftheMembers. There are no representations, agreements, arrangements or understanclings, oral or - written, between or among the parties relating to the subject matter of this Agreement which arenotfullyexpressedinthisAgreement. SECTION 13.3. This Agreement shall be construed without regard to any presumptionorotherrulerequiringconstructionagainstthepartycausingthisAgreementtobedrafted. 16 SECTION 13.4. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and rcbulations of Lhe jurisdiction in which the Conrpnny does business. If any provision of this Agreement, or the application thereof to any person or circumstance, shall for any reason and to any extent, be inwdid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected, but rather shall be enforced to the extent permitted by law. SECTION 13.5. Anything hereinbefore. in this Agreement to the contrary notwithstanding, all references to the Property of the Company are deemed to include the profits, losses and Cash Flow of the Property. SECTION 13.6. Irrespective of the place of execution or performance, this Agreement shall be governed by and construed in accordance with the laws of the State of organization of the Company applicable to agreements wade and to be performed in the State of organization of the Company. SECTION 133, The captions, headings and table of contents in this Agreement are. solely for convenience of reference and shall not affect its interpretation. SECTION 13.8. This Agreement may be executed ut any number of counterparts, each of which shall be an original but all of which shall be deemed to constitute a single document. SECTION 13.9. Whenever the context so requires, the male gender when used herein shall be deemed to include the female gender, the female gender shall be deemed to include the male gender, the singular shall be deemed to include the plural and the plural shall he deemed to include the singular. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year first above written. Name: Member Name: Member Name: Member 17 C SCHEDULE B The following managemcnt decisions shall require the following consent of the Membership interests: Decision Membership interest required 19 lam. SCHEDULE C 414 The Membership interest required to call a meeting of Members shall be: 10 "' Percent Ti