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Home My WebLink About110-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 110-25 File Number: 2025-499 BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. (CHANGE ORDER #1): A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. IN THE AMOUNT OF $537,471.41 FOR THE COLLEGE AVENUE IMPROVEMENTS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on August 6, 2024, City Council approved a contract with Benchmark Construction for a portion of the College Avenue Improvements Project between North Street and Sycamore Street, but the City was unable to receive concurrence of award from ARDOT for the contract; and WHEREAS, on December 17, 2024, City Council approved a new contract with Benchmark Construction and received ARDOT approval; and WHEREAS, after starting construction of the water and sewer lines for the project, City staff discovered that the bid for the utilities did not include an adequate quantity for permanent pavement repair and this change order increases the permanent pavement repair quantity to cover the necessary construction, extends traffic control by 60 days, and increases the bond amount. 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 Rawn to sign Change Order No. 1 to the contract with Benchmark Construction Company of NWA, Inc. in the amount of $537,471.41 for the College Avenue Improvements Project. A copy of Change Order No. 1 is attached to this Resolution and made a part hereof. 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 Resolution: 110-25 File Number. 2025-499 PASSED and APPROVED on May 6, 2025 Approved: Molly Rawn, Mayor Attest: F FAYE�EV, Kara Paxton, City Clerk Treasurer Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 6, 2025 CITY COUNCIL MEMO 2025-499 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager SUBJECT: BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. (CHANGE ORDER #1): RECOMMENDATION: Staff recommends approval of Change Order 1 with Benchmark Construction for the College Avenue Improvements Project (North to Sycamore), which will increase the contract amount by $537,471.41 and extend the contract time by 60 days and approval of a budget adjustment. BACKGROUND: The School Avenue and College Avenue corridors serve as major north -south routes through the central part of the City and are major commercial and retail destinations. Maintaining and improving these corridors will allow them to continue serving mobility needs and developing/redeveloping as commercial corridors. Improvements to these corridors will include striping, widening and/or narrowing of the roadway, utility relocation, sidewalk/trail installation, accommodations for transit systems, elimination or reconfiguration of driveways, modification to traffic signals, medians, and other corridor improvements identified during the design process. The starting point for corridor designs was the 71 B Corridor Plan completed by RDG Planning. Goals and aspirations of the Plan will be implemented to the greatest extent possible through the limits of the project segments selected for design and construction, which include College Avenue between North Street and Township Street, and School Avenue between Martin Luther King Jr. Boulevard and Cato Springs Road. In December 2021, the City Council approved a design contract with Garver, LLC for the detailed design of this project from North Street to Sycamore Street. In addition to the transportation improvements, a new water main along this corridor is included in the construction contract. Plans for the water main were prepared by McClelland Consulting Engineers. On August 25, 2021, the Northwest Arkansas Regional Planning Commission (NWARPC) awarded this project $1,500,000 from the IFFY 2022 STBGP-A (Surface Transportation Block Grant Program -Attributable). This federal aid program is administered through the NWARPC. In November 2021, the City of Fayetteville and ARDOT signed a supplemental agreement combining the $1,500,000 in STBGP-A funds with funds from the 2019 agreement of understanding for Job 040746 (Truckers Drive — Howard Nickell Road and Highway 71 B Improvements), which allocated $1,500,000 for improvements Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 to Highway 71 B. On August 24, 2022, the NWARPC awarded the project an additional $1,800,000 from the FFY 2022 STBGP- A, bringing the total federal aid to $4,800,000. At the August 6, 2024, City Council meeting, the Council approved a contract with Benchmark Construction for this project. Unfortunately, we were unable to receive concurrence of award from ARDOT for the contract. The previous bid did not meet the Disadvantaged Business Enterprise (DBE) goal for the project. ARDOT has since reevaluated and reduced the DBE goal from 11 % to 6% for the re -bid. At the December 17, 2024, City Council meeting, the Council approved a new contract with Benchmark Construction. This contract received ARDOT approval, and construction is currently underway. Construction began in February 2025 and is scheduled for completion in January 2026. DISCUSSION: After starting construction of the water and sewer lines for the project, City staff discovered that the bid for the utilities did not include an adequate quantity for permanent pavement repair. The permanent pavement repair includes a 6" thick concrete slab with a 3" cap of asphalt. This type of repair is necessary to prevent settlement along the trench line for the water and sewer mains, which is especially important since the trench is along one of the inner lanes of College Avenue. This change order increases the permanent pavement repair quantity to cover the necessary construction. With the increased pavement repair, it is expected that additional time will be required for the contractor to perform the work. The contractor is charged daily for the traffic control measures installed to protect workers and drivers along the project corridor. An additional 60 days of traffic control is included in the change order to cover this expense if necessary. Lastly, with the increase in the contract amount, the bonding is required to be increased. The bonding increase will include this change order plus the contingency amount previously approved by Council. BUDGET/STAFF IMPACT: Water and Sewer Line Improvement Funds will be used for the pavement repair and traffic control for this change order ($500,869.20). The increase in bond amount to cover the project contingency will be paid for using the Transportation Bond Funds ($36,602.21). ACCOUNT PROJECT AMOUNT 4702.860.7221-5809.00 46020.7221.1020 $36,602.21 5400.860.5600-5808.00 11011.2019.7221 $500,869.20 ATTACHMENTS: SRF (#3) , BA (#4), Change Order #1 (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-499 BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. (CHANGE ORDER #1): A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. IN THE AMOUNT OF $537,471.41 FOR THE COLLEGE AVENUE IMPROVEMENTS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on August 6, 2024, City Council approved a contract with Benchmark Construction for a portion of the College Avenue Improvements Project between North Street and Sycamore Street, but the City was unable to receive concurrence of award from ARDOT for the contract; and WHEREAS, on December 17, 2024, City Council approved a new contract with Benchmark Construction and received ARDOT approval; and WHEREAS, after starting construction of the water and sewer lines for the project, City staff discovered that the bid for the utilities did not include an adequate quantity for permanent pavement repair and this change order increases the permanent pavement repair quantity to cover the necessary construction, extends traffic control by 60 days, and increases the bond amount. 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 Rawn to sign Change Order No. 1 to the contract with Benchmark Construction Company of NWA, Inc. in the amount of $537,471.41 for the College Avenue Improvements Project. A copy of Change Order No. 1 is attached to this Resolution and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Matt Casey Submitted By City of Fayetteville Staff Review Form 2025-499 Item ID 5/6/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/11/2025 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order 1 with Benchmark Construction for the College Avenue Improvements Project (North to Sycamore), which will increase the contract amount by $537,471.41 and extend the contract time by 60 days and approval of a budget adjustment. Budget Impact: 4702.860.7221-5809.00 Street Projects 2022 Bonds 5400.860.5600-5808.00 Water and Sewer Account Number Fund 46020.7221.1020 Hwy 71B Corridor - North to Township 11011.2019.7221 Water & Sewer Relocations - Bond Projects Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 10,861,857.00 Expenses (Actual+Encum) $ 9,021,218.26 Available Budget $ 1,840,638.74 Does item have a direct cost? Yes Item Cost $ 537,471.41 Is a Budget Adjustment attached? Yes Budget Adjustment $ 537,473.00 Remaining Budget $ 1,840,640.33 V20221130 Purchase Order Number: 2025-00000241 Previous Ordinance or Resolution # 311-24 Change Order Number: 1 Approval Date: Original Contract Number: 2024-00000041 Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division ENGINEERING (621) Adjustment Number 2025 /Org2 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of Change Order 1 with Benchmark Construction for the College Avenue Improvements Project (North to Sycamore), which will increase the contract amount by $537,471.41 and extend the contract time by 60 days and approval of a budget adjustment. COUNCIL DATE: ITEM ID#: 5/6/2025 2025-499 Nolly Black 417412025 71:24 RM Budget Division Date TYPE: D - (City Council) JOURNAL#: RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Prolect.Sub# Project Sub.Detl AT v.2025411 Account Name 4702.860.7221-5809.00 36,603 - 46020 7221.1020 EX Improvements - Street 4702.860.7221-5911.99 5400.860.5600-5808.00 (36,603) - 500,870 - 46020 11011 7221.1020 2019.7221 EX EX Contingency - Capital Project Improvements - Water Line 5400.720.5600-5808.00 5400.720.5600-5810.00 (450,792) - (50,078) - 10007 10007 1 1 EX EX Improvements - Water Line Easements G:\Divs\Engineering\Engineering Design Services\Projects\BOND PROGRAM\2019 Bond Program\Hwy 71 B Corridor 040887\Council and Committee Items\Construction Change Order 1 \2025-499 BA Benchmark C01 Hwy 71 B Corr 1 of 1 CITY OF FAYETTEVILLE ARKANSAS CHANGE ORDER Contract Title: College Ave. Improvements (North to Sycamore) Change Order No. To Contractor: Benchmark Construction Company ofNWA, Inc. The Contract is changed as follows: Date of Issuance April 1, 2025 ORDINANCE/RESOLUTION:311-24 Effective December 27. 2024 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Changes No. Description Quantity Measure Price Quantity Price Cost Cost 1.2 Insurance and Bonding 1 LS $231,838.00 1 $268,440.21 $ 231,838.00 $268,440.21 1.136 Traffic Control and Maintentance (Beyond 4-Month Waterline Installation) 0 Day $0.00 60 $1,740.17 $ - $104,410.20 2.37 Permanent Pavement Repair 350 SY $170.52 2675 $170.52 59,682.00 $456,141.00 Summation of Cost 291,520.00 $828,991.41 Net Cost for this Change Order $537,471.41 Not valid until signed by the Owner The original Contract Price was ................................................................................................................................................. $ 8,693,634.49 Net change by previously authorized change orders $ The Contract Price prior to this Change Order was ................................................................................................................................................. $ ................................................................................................................................................. 8,693,634.49 The Contract Price will be adjusted by ................................................................................................................................................. $537,471.41 The new Contract Price including this Change Order will be ............................................................. ------------------$ 9,231,105.90 The Contract Time(s) will be increased by 60 calendar days Required dates of Completion as of the date of this Change Order therefore are: ............................................................................................... Substantial Completion 19-Feb-26 Final Completion------------------------------------------------------------------------------------------ 21-Mar-26 NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. April1 25 BY CITY OF FAYETTEVILLE BY DATE 2025